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(d) Being lawfully asked any question by any officer pursuant to this act, shall fail to answer the same truthfully, to the best of his knowledge, information, and belief.

Penalty: Fifty pounds ($243.33).

COUNSELING OR PROCURING OFFENSE.

SEC. 113. Every person who, or union, association, or other body which, is directly or indirectly concerned in the commission of any offense against this act, or counsels, takes part in, or encourages the commission of any such offense, shall be deemed to have committed that offense, and shall be punishable accordingly.

ATTEMPTS.

SEC. 114. Any attempt to commit an offense against this act shall be an offense against this act, punishable as if the offense had been committed.

PART VII. MISCELLANEOUS.

REGISTRAR.

SEC. 115. The registrar of industrial unions shall be the person who for the time being holds the office of registrar of friendly societies, or such other person as the governor may from time to time appoint to be registrar of industrial unions.

EVIDENCE.

SEC. 116. The production of a gazette purporting to contain any notification made under the authority of this act shall, before all courts and persons acting judicially, be evidence of the due publication of such notification and of the truth of the matters alleged therein.

JUDICIAL NOTICE.

SEC. 117. All courts and all persons acting judicially shall take judicial notice of

(a) The official signature of any person who holds or has held the office of president, clerk of the court, registrar, or industrial inspector; and (b) The appointment and official character of any such person.

STAMP DUTY.

SEC. 118. No stamp duty shall be payable upon or in respect of any registration, certificate, agreement, award, or instrument effected, issued, or made under this act.

INVESTIGATIONS, ETC.

SEC. 119. (1) The court may of its own motion

(a) Direct any record to be kept by any person for the purpose of affording evidence of the compliance or noncompliance with any award or order of the court or with any industrial agreement.

(b) Direct the registrar or any industrial inspector to investigate and report to the court concerning any industrial dispute, breach of any industrial award or agreement, or of any provision of this act which the court may believe to exist or to have occurred.

(c) Direct any proceedings to be instituted and carried on by the registrar or an industrial inspector in respect of any such breach.

(d) Confer on the registrar or industrial inspector such powers as the court may deem necessary to enable him to carry its directions into effect.

(e) Empower any person to exercise any power or perform any duty which is or may be vested in an industrial inspector by or under this act, including this section.

(2) The registrar or industrial inspector shall carry out all directions so given to him.

(3) No order for costs shall be made against the registrar or an industrial inspector or any other person in proceedings instituted or carried on by nim pursuant to the direction of the court.

CONFERENCES.

SEC. 120. (1) The president may, whenever in his opinion it is desirable for the purpose of preventing or settling an industrial dispute, summon any person to attend, at a time and place specified in the summons, at a conference presided over by himself.

(2) "Any person" in the last preceding subsection includes any person, whether connected with an industrial dispute or not, whose presence at the conference the president thinks is likely to conduce to the prevention or settlement of an industrial dispute.

(3) Any person so summoned shall attend the conference and continue his attendance thereat as directed by the president.

Penalty: One hundred pounds ($486.65).

(4) The conference may be held partly or wholly in public or in private, at the discretion of the president.

STATUS OF REGISTERED UNIONS.

SEC. 121. No industrial union or association duly registered under this act shall, from the date of such registration, and while so registered, be affected by the provisions of any act of the Imperial Parliament against corresponding societies or unlawful combinations in respect of any matters done in compliance with the registered rules of such union or association.

UNIONS MAY COLLECT FINES, ETC.

SEC. 122. All fines, fees, levies, and dues payable under its rules to an industrial union or association by any member thereof or to any industrial association by any union represented thereon may, in so far as they are owing to the union or association for any period subsequent to the registration thereof, be sued for and recovered in a court of summary jurisdiction.

DISPUTES BETWEEN UNIONS AND MEMBERS.

SEC. 123. Every dispute between an industrial union or association and any of its members or between an industrial association and any union represented thereon shall be decided in the manner directed by the rules of the union, or, where the dispute is with an association, by the rules of the association.

(2) On the application of a union or association, the court may order the payment by any member or (in the case of an association) by any union represented thereon of any fine, penalty, or subscription payable in pursuance of the rules aforesaid, or any contribution to a penalty incurred or money payable under an award or order of the court; but no such contribution on the part of a member shall exceed ten pounds.

EXPULSION OF MEMBERS.

SEC. 124. The court may, on the application of any industrial union or association, order that any member thereof shall cease to be a member as from a date and for a period to be named in the order, or that any union represented on an association shall cease to be so represented from such a date and for such a period.

REGULATIONS.

SEC. 125. (1) The court may, with the approval of the governor, make regulations for any of the following purposes:

(i) Prescribing the forms of certificates, notices, returns, or other instruments or documents to be used for the purposes of this act;

(ii) Prescribing the duties of the clerk of the court and of all other officers and persons acting in the execution of this act;

(iii) Providing for the mode in which recommendations by industrial unions as to the appointment of members of the court shall be made and authenticated;

(iv) Regulating the practice and procedure of the court and providing for the effective exercise of its jurisdiction more especially but not so as to limit the generality of its powers in the premises with reference to

(a) The times and places for the sitting of the court;

(b) The summoning of parties and of witnesses;

(c) The allowances to witnesses;

(d) The enforcement of the awards, orders, judgments, convictions, and sentences of the court;

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

(vi) Prescribing any act or thing necessary to supplement or render more effectual the provisions of this act as to the conduct of proceedings before the court; and

(vii) Providing for any matters which by this act are required or permitted to be prescribed or which it may be necessary or convenient to regulate (either generally or in any particular case) for giving effect to this act.

(2) Any regulations made or purporting to be made under this act—

(i) Shall be published in the Gazette;

(ii) Shall take effect from the date of publication or from a later date to be therein specified;

(iii) May impose a penalty not exceeding twenty pounds for any breach thereof;

(iv) May provide for the imprisonment of any person in default of payment of any fine or penalty payable under any award, order, judgment, conviction, or sentence of the court, but so that the term of imprisonment shall not exceed the term that a person might be required to serve under the justices act, 1902, or any amendment thereof, in respect of the nonpayment of a fine of similar amount;

(v) Shall, subject as hereinafter provided, and except in so far as they may be in conflict with the express provisions of this or any other act, be conclusively deemed to be valid.

(3) All such regulations shall be laid before both Houses of Parliament if Parliament is in session, and if not, then within seven days after the commencement of the next session.

(4) If either house passes a resolution at any time within thirty days after such regulations have been laid before such house disallowing any regulations, such regulation shall cease to have effect.

(5) The regulations made under the industrial, conciliation and arbitration act, 1902, shall, subject to this act and the regulations thereunder, remain in force, but may at any time be repealed by regulations made under this act.

CONTRACTING OUT.

SEC. 126. (1) Subject to section thirty-nine no person shall be freed or discharged from any liability or penalty or from the obligation of any industrial award or agreement by reason of any contract made or entered into by him or on his behalf, and every contract, in so far as it purports to annul or vary such award or agreement, shall, to that extent, be null and void without prejudice to the other provisions of the contract which shall be deemed to be severable from any provisions hereby annulled.

CONTRACTS VOID.

(2) Every worker shall be entitled to be paid by his employer in accordance with any industrial agreement or award binding on his employer and applicable to him and to the work performed, notwithstanding any contract or pretended contract to the contrary, and such worker may recover as wages the amount to which he is hereby declared entitled in any court of competent jurisdiction, but every action for the recovery of any such amount must be commenced within three months from the time when the cause of action arose.

QUEENSLAND.

[No. 19.]

AN ACT To make better provision for industrial peace and for purposes incidental to that

object.

PART I.-PRELIMINARY.

SHORT TITLE.

SECTION 1. This act may be cited as the Industrial Peace Act of 1912.

DEFINITIONS.

SEC. 3. In this act, unless the context otherwise indicates, the following terms have the meanings respectively set out against them, that is to say—

APPRENTICE.

"Apprentice," any person under twenty-one years of age bound by indentures of apprenticeship for the purpose of being instructed in the knowledge and practice of any calling to which this act applies for a period of not less than three years; the term does not include a State child within the meaning of the State children act of 1911, or any aboriginal within the meaning of the aboriginals protection and restriction of the sale of opium acts, 1897 to 1901.

AWARD.

"Award "-award of an industrial board or of the court, the term includes a determination of a special board appointed under the repealed acts in existence at the passing of this act.

CALLING.

"Calling," any calling, craft, business, or other occupation to which this act applies.

COURT.

66 Court,"
," the industrial court constituted by this act.

CROWN.

"

"Crown includes any State department and the officers thereof and the corporations, respectively, of the railway commissioner and the secretary for public instruction in Queensland, and the officers of such corporations, respectively, but does not include the corporation of the treasurer," created under or for the purposes of the sugar works guarantee acts, 1893 to 1908, or the sugar works act of 1911, or any officer of such corporation.

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DECISION.

"Decision" includes any award or order of the court.

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EMPLOYEE.

Employee," any employee, whether on wages or piecework rates, in any calling to which this act applies; the term includes any person whose usual occupation is that of employee in such calling; the term does not include the Crown or any person in the public service of the Crown; also the term does not include any member of a family in the employment of a parent, or any aboriginal within the meaning of the aboriginals protection and restriction of the sale of opium acts, 1897 to 1901.

EMPLOYER.

"Employer," any person, company, corporation, firm, or association employing or usually employing one or more employees, whether on behalf of himself or 69098-16-20

any other person; the term includes the managing director or the manager of any company, firm, or association, corporate or unincorporate, and every manager for any employer, also local authorities, harbor boards, water authorities, the metropolitan water and sewerage board, and all other local bodies constituted by or under any act; the term does not include the Crown.

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IMPROVER.

'Improver," any person under twenty-one years of age who receives a lower wages price or rate than that fixed by any award for ordinary adult employees, or, who, being over twenty-one years of age, holds a license to work as an improver. The term includes every apprentice who is bound under indenture for a period of less than three years, but does not include any other apprentice or any young worker; the term does not include a State child within the meaning of the State children act of 1911 or any aboriginal within the meaning of the aboriginals protection and restriction of the sale of opium acts, 1897 to 1901.

INDUSTRIAL AGREEMENT.

"Industrial agreement," an industrial agreement made under the repealed acts and subsisting at the passing of this act, or an industrial agreement made under this act.

INDUSTRIAL ASSOCIATION.

"Industrial association," any association, society, organization, or union whatsoever of persons, firms, or companies, whether of employers or of employees, and whether registered under any law or unregistered, having as its principal object the protection or furtherance of the privileges, rights, or property of its members in connection with industrial matters.

"Industrial board" or 66

INDUSTRIAL BOARD.

board," a special board appointed under the repealed acts, or an industrial board appointed under this act.

INDUSTRIAL DISPUTE.

“Industrial dispute," any dispute as to any industrial matter. The term does not include any dispute as to any industrial matter arising in connection with employment by or under the Crown.

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INDUSTRIAL MATTERS.

Industrial matters," matters or things affecting or relating to work done or to be done or the privileges, rights, or duties of employers or employees in any calling to which this act applies, or of persons who intend or propose to be employers or employees in any such calling, not involving questions which are or may be the subject of proceedings for an indictable offense; without limiting the ordinary meaning of this definition, the term includes all or any matters relating to

(a) The wages, allowances, or remuneration of any persons employed or to be employed in any calling, or the piecework or other rates or prices paid or to be paid therein in respect of that employment, including the wages, allowances, or remuneration to be paid for work done during overtime or, subject to this act, on holidays, or for other special work, and also including the question whether piecework shall be allowed in any calling;

(b) The hours of employment in any calling, including the lengths of time to be worked to entitle employees therein to any given wages allowances, remuneration, or prices, and what times shall be regarded as overtime;

(c) The sex, age, qualification, or status of employees, and the mode, terms, and conditions of employment, including the question whether any persons shall be disqualified for employment in a calling for any reason other than their membership or nonmembership of any industrial association;

(d) The number or proportionate number of aged, slow, or infirm workers, apprentices, and improvers that may be employed by an employer in any calling, and the lowest prices or rates payable to them;

(e) The relationship of master and apprentice;

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