act empowered to take evidence, and to whom payment or tender has been made of any traveling expenses to which he is entitled, fails to duly appear, or if any such person or any person who has appeared or appears as a witness

(a) Refuses to be sworn or make affirmation or declaration as a witness; or (b) Refuses to answer any question which he is required by the court or such person or tribunal as aforesaid to answer; or

(c) Refuses to produce any book, paper, or document which he is required by the court or such person or tribunal as aforesaid to produce,

he shall be liable to a penalty not exceeding £50 ($243.33) or to imprisonment, with or without hard labor, for any term not exceeding three months, unless he shows, to the satisfaction of the court or such person or tribunal as aforesaid, that there was good and sufficient cause for such failure or disobedience.

PART VI.

MISCELLANEOUS.

SEC. 54. The proceedings of the court shall be conducted in public, provided that at any stage of the proceedings the court, of its own motion or on the application of any of the parties, may direct that the proceedings be conducted in private; and in such case all persons (other than the parties, their representatives, the officers of the court, and the witness under examination) shall withdraw.

SEC. 55. The Crown may, where, in the opinion of the minister, the public interests are or would be likely to be affected by the award, order, decision, or determination of the court, intervene in any proceedings before the court and make such representations as it thinks necessary in order to safeguard the public interests.

SEC. 56. An industrial dispute shall not be deemed to have ceased on the ground that, in consequence of such dispute, the relationship of employer and employee has ceased as between the parties thereto or any of them.

SEC. 57. (1) The court may give such directions for the representation of parties as it deems proper; but, except as by this section provided, no party shall be represented by a solicitor or agent.

(2) By the direction of the court or with the consent of both parties, either party may, at its or his own cost, be represented by a solicitor or agent.

SEC. 58. When any penalty is imposed in any proceedings in the court or any costs or other sum is by the court ordered to be paid, and no other provision is made in this act or in rules of court for the recovery thereof, a certificate in the prescribed form, under the hand of the registrar and the seal of the court, specifying the amount payable and the respective parties or persons by and to whom the same is payable, may be filed in any court having civil jurisdiction to the extent of such amount, and shall thereupon, according to its tenor, be enforceable in all respects as if it were a judgment of such court.

SEC. 59. Every person or association who or which is directly or indirectly concerned in the commission of any offense against this act, or incites, instigates, or counsels, or aids, abets, or takes part in, or encourages the commission of any such offense, or the continuance thereof, shall be deemed to have committed that offense, and shall be punishable accordingly.

SEC. 60. Any attempt to commit an offense against this act shall be an offense against this act punishable as if the offense had been committed.

SEC. 61. Any association or person guilty of any contravention of any provision of this act, whether by commission or omission, shall, except where some penalty or punishment is specifically provided, be liable to a penalty not exceeding, in the case of an association, £100 ($486.65), or, in the case of a person, £10 ($48.67).

SEC. 62. (1) Where a penalty is imposed under this act on an association, or an association is under this act ordered to pay any sum, then, for the recovery of such penalty or sum, process may be issued and executed against the property of such association, or any property in which such association has a beneficial interest, whether vested in trustees or howsoever otherwise held, in the same manner as if the association were an incorporated company and the absolute owner of the property or interest.

(2) For the purposes of this section the property of an association shall be deemed to include the property of any association forming or forming part of the first-mentioned association, or in which it has a beneficial interest, whether vested in trustees or howsoever otherwise held.

SEC. 63. Where a penalty is imposed under this act or an association, or an association is, under this act, ordered to pay any sum, then if such penalty or sum is not fully paid within one month thereafter all persons who were members of such association at the time when the offense was committed or the order was made shall be jointly and severally liable to pay such penalty or sum in the same manner as if the conviction or order had been made against them personally; and all proceedings in pursuance of the conviction or order may be taken against them, or any of them, accordingly, save that no person shall be liable under this section for a larger sum than £5 in respect of any one conviction or order.

SEC. 64. (1) Except where otherwise provided, proceedings in respect of offenses against this act shall be by information or complaint, which shall be heard and determined in a summary manner by a special magistrate.

(2) Unless or except so far as otherwise prescribed, such proceedings shall be regulated by, and penalties imposed therein shall be recovered and enforced as provided by, the ordinance No. 6 of 1850 and any amendment thereof, or any act for the time being regulating the duties of justices of the peace in summary proceedings: Provided, That for the purposes of cases stated or to be stated by a magistrate on questions of law, all reference in Part III of the act No. 298 of 1883-84 to the supreme court and the master thereof shall be read as references to the court and the registrar, respectively.

SEC. 65. (1) There shall be an appeal from—

(a) Any conviction by a special magistrate under this act;

(b) Any order of a special magistrate dismissing any information or complaint under this act; or

(c) Any other order made by a special magistrate in proceedings under this act.

(2) Such appeal shall be to the court.

(3) The proceedings on such appeal shall, unless and until otherwise prescribed by rules of court, be regulated, mutatis mutandis, by the ordinance No. 6 of 1850 and any amendment thereof or any other act in force regulating appeals to local courts, and for that purpose all references in the said ordinance or any such act to a local court shall be read as references to the court: Provided, That

I. The court on upholding a conviction or substituting a new conviction may, if it thinks that the punishment imposed is not sufficiently severe, increase the term of imprisonment or the penalty, as the case may be, to such term or amount, not exceeding that permitted by this act, as the court deems proper.

II. The court may make such order concerning costs as it deems proper, and the amount of costs ordered may exceed £10.

SEC. 66. Notwithstanding anything in this act or in any other law or any practice to the contrary

(a) The court, in the exercise of any jurisdiction, duty, power, or function conferred or imposed by or under this act, shall be governed in its procedure and in its judgments, awards, orders, and decisions by equity, good conscience, and the substantial merits of the case without regard to technicalities or legal forms or the practice of other courts;

(b) The court, in the exercise of any such jurisdiction, duty, power, or function, shall not be bound by any rules or practice as to evidence, but may inform its mind on any matter in such manner as it thinks just;

Provided, That this section shall not apply to proceedings in respect of offenses against this act.

SEC. 67. The court may rescind or vary any award, order, decision, direction, appointment, reference, or other act made or done by it.

SEC. 68. (1) Subject to the provisions of section 67 any award, order, or decision of the court, whether acting in its original or appellate jurisdiction, and whether under this act or the factories act, shall be final, and shall not be removable to any other court by certiorari or otherwise; and no award, order, decision, or proceeding of any kind whatever of the court shall be challenged, appealed against, reviewed, quashed, or called in question in any other court or tribunal on any account whatever other than excess or want of jurisdiction.

(2) Notwithstanding anything in this section the president may, if he thinks fit, in any proceeding before him, at any stage and upon such terms as he thinks fit, state a case for the opinion of the supreme court upon any question arising in the proceeding which, in his opinion, is a question of law.

(3) The supreme court shall hear and determine the question and remit the case with its opinion to the president, and may make such order as to costs as it thinks fit.

SEC. 69. When the president is unable to attend at the time appointed for the hearing of any industrial dispute or industrial matter or for any proceeding, the registrar may adjourn the court and also adjourn any business set down for the day to such day and time as he deems convenient.

SEC. 70. (1) In any proceeding before the court it may reserve its decision. (2) Where a decision has been so reserved the same may be given at any continuation or adjournment of the court or at any subsequent holding thereof or the president may draw up such decision in writing, and having signed the same forward it to the registrar; whereupon the registrar shall notify the parties of his intention to read the same at some specified time and place, and he shall read the same accordingly, and thereupon such decision shall be of the same force and effect as if it had been pronounced by the president.

SEC. 71. The court may, subject to section 57, in any proceeding whatsoever before it under this act, make such order as to the costs of such proceeding and for the payment thereof as may by it be deemed proper, and may assess the amount of such costs.

SEC. 72. Whosoever willfully makes, on oath, affirmation, or declaration in any proceeding of any kind under this act, any false statement, knowing the same to be false, shall be guilty of perjury, and may be proceeded against and punished accordingly.

SEC. 73. An office copy of an award, order, decision, direction, appointment, reference, or other act of the court, purporting to be sealed with the seal of the court and certified to be true under the hand of the registrar, shall be received in all courts and tribunals and before all persons as evidence of the award, order, decision, direction, appointment, reference, or other act, without proof of the seal of the court or of the signature of the registrar; and it shall not be necessary to prove any condition precedent entitling the court to make or do the award, order, decision, direction, appointment, reference, or other act. SEC. 74. (1) The president may make rules

(a) Regulating the practice and procedure and forms to be followed and used in, or in connection with, or for the purposes of proceedings before the court, and in, or in connection with, or for the purposes of enforcing judgments, convictions, decisions, awards, orders, and other acts given, made, and done by the court;

(b) As to the publication of its awards, orders, decisions, and other acts, and the effect of such publication;

(c) For recovering penalties imposed and enforcing orders for attachment and orders for the payment of any moneys made under this act;

(d) Prescribing the fees and expenses to be paid to witnesses;

(e) Prescribing what (if any) fees shall be paid in respect of any proceeding in the court, and the party by whom such fees shall be paid;

(f) Prescribing what traveling expenses shall be payable to assessors; (g) Prescribing the powers and duties of the registrar, also of other officers, so far as the same relate to matters within the jurisdiction of the court; (h) As to all things which this act contemplates shall or which this act provides may be prescribed by rules of court; and

(i) All such rules as may be necessary or convenient for the full and effective exercise of the jurisdiction, duties, powers, and functions of the court, or for giving effect to the judgments, convictions, decisions, awards, orders, and other acts given, made, or done by the court or the registrar or other officers of the court.

(2) Subject to such rules and this act, the practice and procedure of the court shall be as directed by the president making the particular diretcion. (3) All such rules

(a) shall be published in the Government Gazette;

Co) From te date of such publication, or from a later date fixed by the instrument whereby the same are made, shall (subject as by subsection (4) hereof provided) be of the same effect as if they were contained in this act, and shall be judicially taken notice of without further evidence than the production of a copy of the Government Gazette purporting to contain a copy thereof; and

(c) Shall be laid before both Houses of Parliament within 14 days after such publication if Parliament is in session, and if not then within 14 days after commencement of the next session.

(4) If either House of Parliament passes a resolution disallowing any such rule, of which resolution notice has been given at any time within 14 sitting days of such House after such rule has been laid before it, such rule shall thereupon cease to have effect, but without affecting the validity or curing the invalidity of anything done, or of the omission of anything, in the meantime. This subsection shall apply notwithstanding that the said 14 days, or some of them, do not occur in the same session of Parliament as that in which the rule is laid before such house.

SEC. 75. When it is made to appear to the president that personal or other service of any summons, notice, or other document in connection with or for the purposes of any proceeding in or intended to be brought in the court can not promptly be effected in manner prescribed, the president may in his discretion make any order for substituted or other service or the substitution for service of notice by letter, telegram, public advertisement, or otherwise, which he deems necessary or convenient; and in such case compliance with such order shall be sufficient service.

SEC. 76. (1) The president and, upon being authorized in writing by the president, any officer of the court or any other person, without any other warrant than this act, may at any time during working hours

(a) Enter any place or premises or any ship or vessel of any kind whatsoever, wherein or in respect of which any industry is carried on or any work is being or has been done or commenced, or any matter or thing is taking or has taken place in relation to which any industrial dispute or industrial matter exists or is threatened or impending or will probably arise, or any award has been made, or any offense against this act is suspected;

(b) Inspect and view any work, material, machinery, appliances, article, matter, or thing whatsoever, being in such place, premises, ship, or vessel; (c) Interrogate any person or persons who may be in or upon such place, premises, ship, or vessel in respect of or in relation to any matter or thing hereinbefore mentioned.

(2) Every person who hinders or obstructs the president, or any officer of the court or other person, in the exercise of any power conferred by or under this section, or who refuses to the president, or any officer of the court or other person authorized as aforesaid, entrance during any such time as aforeIsaid to any such place, premises, ship, or vessel, or refuses to answer any question put to him as aforesaid, shall be liable to a penalty not exceeding £50.

SEC. 77. All the provisions of the factories acts with regard to aged, slow, inexperienced, and infirm workers shall, mutatis mutandis, apply in all cases where wages or rates of payment are fixed by the court, either in its original or appellate jurisdiction: Provided, That in such cases the appeal from a refusal of the chief inspector of factories to grant a license shall be to the president.

SEC. 78. Every award shall prevail over any contract of service or apprenticeship in force on the coming into operation of the award, so far as there is any inconsistency between the award and the contract; and the contract shall thereafter be construed and have effect as if it had been modified, so far as necessary in order to conform to the award.

SEC. 79. (1) The governor shall appoint an industrial registrar, and such (if any) deputy industrial registrars, clerks, and other officers as he deems necessary for carrying out the purposes of this act.

(2) The registrar and such other officers shall have such powers and duties as are prescribed, and also, in connection with any industrial dispute or industrial matter over which the court has jurisdiction or any proceeding in the court, such powers and duties as are directed by the court.

SEC. 80. (1) It shall be the duty of inspectors of factories appointed under the factories acts to see that the provisions of awards and orders of the court are duly observed.

(2) In the discharge of such duty an inspector may require any employer or employee to produce for examination any wages books or overtime books necessary for the purposes of this section; and, in addition, every inspector shall have and may exercise all the powers conferred on inspectors of factories by sections 108 and 109 of the factories act, 1907; and those sections and sections 110 to 113, inclusive, of the said act, shall, mutatis mutandis, extend and apply to such inspectors when acting under this act.

(3) Any inspector who, except for the purposes of this act, and in the exercise of his functions under this act, discloses to any person any information which, in the exercise of such functions, he acquires, shall be liable to a penalty not exceeding £50.

SEC. 81. (1) The governor may make all such regulations as may be necessary or convenient for carrying out the provisions and objects of this act, except as to matters with respect to which the president has power to make rules of court. (2) Any such regulation may fix penalties, not exceeding in any case £10, for the breach of the same or any other regulation so made.

(3) All such regulations

(a) Shall be published in the Government Gazette;

(b) From the date of such publication, or from a later date fixed by the order making the same, shall (subject as by subsection (4) hereof provided) be of the same effect as if they were contained in this act; and

(c) Shall be laid before both-houses of Parliament within 14 days after such publication, if Parliament is in session, and if not then within 14 days after the commencement of the next session.

(4) If either house of Parliament passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within 14 sitting days of such house after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without affecting the validity or curing the invalidity of anything done, or of the omission of anything, in the meantime.

This subsection shall apply notwithstanding that the said 14 days, or some of them, do not occur in the same session of Parliament as that in which the regulation is laid before it.

SEC. 82. All moneys required for the purposes of this act shall be paid out of moneys provided by Parliament.

In the name and on behalf of His Majesty, I hereby assent to this bill.
DAY H. BOSANQUET, Governor.

TASMANIA.

WAGES BOARDS ACT, 1910.

[No. 62.]

PART I.

INTRODUCTORY.

SHORT TITLE AND CONSTRUCTION.

SECTION 1. This act may be cited as the Wages Boards Act, 1910, and shall be deemed incorporated with and be read as one with "The Factories Act, 1910," hereinafter referred to as the principal act.

DEFINITIONS.

SEC. 4. In this act, unless inconsistent with the context

"Act includes regulations made hereunder;

"Apprentice" means any person under 21 years of age bound by indentures of apprenticeship;

66

Board means the wages board appointed under this act in respect of the particular process, trade, business, occupation, or calling, or group, or part concerned;

"Chairman" means the chairman of the board;

"Chief inspector" has the meaning assigned to the term by the principal act;

66

' Clothing or wearing apparel " includes boots and shoes;

(a) Has served a term of not less than three years as an apprentice; and

(b) Is not over the age of 21 years; and

II. Any person who, being over the age of 21 years, holds a license from the minister to be paid as an improver;

66

'Inspector" has the meaning and inclusion assigned to the term by the principal act;

"Minister means the minister of the Crown for the time being administering the acts relating to public health;

"Trade" includes any process, business, occupation, or calling.