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Lifts Regulation Act.--1908. (6) Any person who-
Offence. (a) Refuses or fails to comply with any direction given to him by
an inspector in pursuance of this section or any order on
appeal therefrom, or
inspector in pursuance of this section to cease to use a lift, shall be guilty of an offence against this Act. (6) Any owner, lessee, or sole occupier of a building not primarily Expenses incurred by
- direction of inspector liable for the condition of a lift, and to whom an inspector has given met
"Pows has givell recovered in certain directions in writing as hereinbefore provided in respect of such lift, cases. and who carries out such directions and has thereby incurred any expense, shall be entitled to recover, before any Special Magistrate or two Justices of the Peace or by action in any Court of competent jurisdiction, from the person primarily liable or from the person to whom he is liable to pay rent, or to deduct from any rent payable or to become payable by him, the amount so paid by him. The production of the receipts for such payments so paid by such lessee or occupier shall, on payment of rent or rent becoming payable, be a good and sufficient discharge for the amount so paid. (7) Where such directions in writing have been so given to any Persons carrying out
th directions of Inspector owner, lessee, or sole occupier not liable except for this Act for the
Te exempt from legal condition of such lift the production of such directions in writing proceedings. shall be a bar to any proceedings at law by any person whomsoever against such owner, lessee, or occupier for carrying out such directions.
7. No lift shall be worked or taken charge of by any person under Working of lifts by eighteen years of age; and such person working or taking charge of
Ibid., 8. 7, altered. any lift and any person employing him so to do shall each be guilty of an offence against this Act.
8. (1) Any lift may be closed for repairs, and a notification to Closing of lifts for that effect shall be posted conspicuously on or near such lift on each
Ibid., s. 8. floor, and if intended to be closed for at least twenty-four hours a notification to the same effect, and setting forth the repairs necessary and proposed to be effected, shall be sent to the Chief Inspector by the owner, lessee, or occupier of the building in which such lift is situate.
(2) After such notification no owner, lessee, or occupier shall be liable to be prosecuted under this Act for the defectiveness, unsoundness, or want of conformity of such lift with the provisions of this Act during the time the lift is so closed for repairs.
3) When the repairs have been executed and the operation of the lift has been resumed the same shall forthwith be notified by the owner, lessee, or occupier to the Chief Inspector.
9. The provisions of this Act are in addition to, and not in sub- Application of Act. stitution for, any provisions of “ The Factories Act, 1907.”
10. (1) The
Lifts Regulation Act.—1908.
Regulations as to lifts inspection, &c. Ibid., 8. 9, altered.
10. (1) The Governor may make regulations not inconsistent with this Act prescribing all matters which by this Act are required or permitted to be prescribed, or which may be necessary or convenient to be prescribed for giving effect to this Act; and in particular, but without limiting the generality of this section
(a) As to the construction, inspection, and working of lifts; and
lessees, or occupiers of buildings for each inspection, and for
a summary way by any inspector. 2/2ūtiẦ ămâū2/2/2/2–2ÂòÂ2âÒņģ►òm2 \/222 /2ūti???L?ūtiņ2/22/2/2/2/2/2/2/2/â§Â2Ò published in the Government Gazette, and when so published shall have the force of law and shall be judicially noticed, and shall be laid before both Houses of Parliament within fourteen days after such publication if Parliament is in Session, and if not then within fourteen days after the commencement of the next Session.
Notwithstanding any publication thereof, no regulation shall continue to have any force or effect if the same shall be disapproved, either wholly or in part, by resolution of either House of Parliament within thirty days after such regulations shall have been laid before Parliament, if Parliament shall be so long in Session: Provided that if Parliament shall not be in Session for thirty days after such regulations shall have been laid before it, then no regula. tion shall continue to have any force or effect if disapproved by either House of Parliament within thirty days after the commencement of the next Session of Parliament.
Regulations un 11. (1) Any person desiring to dispute the validity of a regulachallengable unless quashed by Supreme tion may apply
tion may apply to the Supreme Court upon affidavit for a rule callCourt.
ing upon the Chief Inspector to show cause why such regulation Cf. Act 945, 1907, should not be quashed, either wholly or in part, for the illegality 8. 142.
(2) The said Court may make absolute or discharge the said rule with or without costs.
(3) All regulations, unless and until so quashed, shall have the like effect as if enacted in this Act.
(4) No regulation shall be challenged or disputed in any other manner.
12. The Government Gazıtte purporting to contain any regulation shall be evidence of the contents of such regulation, and that the same was duly made and published and is in force.
13. (1) Any person who interferes with or obstructs any inspector Ibid., s. 10, altered. in the execution of any power or duty conferred or imposed on him
by this Act, or who does anything forbidden by this Act, or who omits to do anything required by this Act, shall be guilty of an offence against this Act.
(2) Any Lifts Regulation Act.—1908.
(2) Any person upon conviction of an offence against this Act shall be liable for a first offence to a penalty of not less than Two Pounds nor more than Twenty Pounds, or to be imprisoned for any term of not more than ten days, and also for each day such offence is continued after conviction therefor to a further penalty of not more than Two Pounds or imprisonment for not more than two days, and for every subsequent offence to a penalty of not less than Five Pounds nor more than Fifty Pounds, or to be imprisoned for any term of not more than twenty-five days, and also for each day such subsequent offence is continued after conviction therefor to a further penalty of not more than Five Pounds or imprisonment for not more than five days.
14. In any proceedings under this Act the onus of proof that any Evidence. person, firm, or company is not the owner, lessee, or sole occupier of Ibid., s. 10. a building in which a lift is in operation, or that any person is not under eighteen years of age, shall be on the defendant.
15. All proceedings in respect of offences against this Act shall Procedure. be by complaint or information, and shall be heard and determined in a summary way before any Special Magistrate or any two Justices of the Peace, under Ordinance No. 6 of 1850, and Act No. 298 of 1883-4, or any Act for the time being in force relating to the duties of Justices of the Peace as to summary proceedings. Such Magistrate or Justices may make any order as to costs which he or they think fit. All convictions and orders made by such Magistrate or Justices may be enforced as provided in the said Ordinance or in any other Act.
16. There shall be an appeal from any decision of any Special Appoal. Magistrate or Justices to the Local Court of Adelaide of Full Jurisdiction. Such appeal shall be regulated by the said Ordinance, No. 6 of 1850, and the said Act, No. 298 of 1883-4, or any Act for the time being in force relating to appeals to such Local Court. The Court on such appeal may make any order as to costs which it thinks fit, although such costs exceed Ten Pounds.
17. (1) The Local Court may state a special case for the opinion Special case. of the Supreme Court.
(2) The Supreme Court shall deal with such special case according to the practice of the Supreme Court on special cases, and may make such order therein, including any order as to the costs of the proceedings in that Court and in the Courts below, as to the said Supreme Court appears just.
In the name and on behalf of His Majesty, I hereby assent to this Bill.
GEORGE R. LE HUNTE, Governor.
Lifts Regulation Act.—1908.
Notice of Lift in Operation.
owner, &c. [stating his name]). To the Chief Inspector of Factories, Adelaide.
Notice of Lift in Construction.
owner, 8c. stating his name]). To the Chief inspector of Factories, Adelaide.
Adelaide : By authority, C. E. B ISTOW, Government Printer, North Terrace.
EDWARDI VII REGIS.
An Act to further amend “The Bread Act, 1891."
[Assented to, November 11th, 1908.] D E it Enacted by the Governor of the State of South Australia,
D with the advice and consent of the Parliament thereof, as follows:
1. This Act may be cited as “ The Bread Act Further Amend. Short title. ment Act, 1908,” and shall be incorporated and read as one with 530 of 1891. “ The Bread Act, 1891,” and “ The Bread Act Amendment Act, 670 of 1893. 1893.”
2. In the construction of this Act, except where otherwise clearly Interpretation. intended, “ bread ” means bread other than rolls or French rolls under the weight of four ounces.
3. When any person carries any bread of less than the standard Bread to be of weight for sale or delivery, the owner of such bread and any person
in standard weight employing the first mentioned person so to carry such bread, or any or either of them, shall for the first such offence forfeit and pay any sum not exceeding Two Pounds, and for every subsequent such offence forfeit and pay any sum not exceeding Ten Pounds.
4. Any person convicted of an offence under the next preceding Person convicted may
recover from person section may recover, in any Court of competent jurisdiction, from who
Irom who supplied to him. any person (hereafter in this section called “the defendant") who supplied the bread which was the subject-matter of the prosecution to him, the amount of any penalty in which he has