Page images

The Factories Act.—1907.

PART ). Division IV. Record of fines to be forwarded.

(f) Forward to the Chief Inspector a copy of such record of

fines at such times and in such form as may be prescribed. Penalty, One Pound for every day during which any of the provisions of this section are not complied with.

Record of outside work done for factories to be kept.

Factories Act, 1900, sec. 11. Vic. Act No. 1975, sec. 21.

Inspectors may examine same.

Record to be supplied to Chief Inspector.

20. (1) Every occupier of a factory for whom, directly or indirectly, outside such factory any person wholly or partly prepares or manufactures any article for trade or sale shall also keep in the prescribed manner a record of

(a) The description and quantity of such work ; and
(6) The name and address of the person by whom the same is

done; and
(c) The prices paid in each instance for such work.
Penalty, Two Pounds for every day during which, without reason-
able excuse, such record is not kept.

(2) Such record shall be kept for the information of the inspectors, who alone shall be entitled to and may at all reasonable hours inspect and examine the same.

(3) Every such occupier shall, whenever demanded, forward such record or a true copy thereof to the Chief Inspector. Penalty, Ten Shillings.

(4) The Chief Inspector shall publish in the Gazette any parti. culars contained in any such record, including the name and address of such occupier, as the Minister may direct.

(5) No such particulars shall be so published except in regard to some breach of this Act for which such occupier has been convicted.

(6) Every person who issues or gives out, or authorises or permits to be issued or given out, any article for the purpose of being wholly or partially prepared or manufactured outside a factory for trade or for sale shall be deemed to be the occupier of a factory for the purposes of this section. (7) No person shall be convicted under subsection (1) who proves(a) That he acted in good faith and without any intention to

evade the provisions of this section ; and b) That, on demand made by or on behalf of the inspector, he

gave all information in his power with respect to the alleged offence.

[blocks in formation]

21. (1) No inspector shall divulge the contents of any record of persons cmployed in or of the work done in or outside of a factory, except to the Minister or the officers of his department:

(2) No inspector or vfficer shall make use of his knowledge of the contents thereof, except for the purpose of the compilation of general statistical information as required by this Act, or for the purpose of enforcing the provisions of this Act. Two years' imprisonment.


. The Factories Act.—1907.


Powers of inspector,

Factories Act, 1894, (a) Enter, inspect, and examine

sec. 8.

See Vic. Act No. 1975, 1. Any factory at any time when he has reasonable cause

sec. 15.
to believe that any person is employed therein; and
11. At all reasonable times any place which he has reason-

able cause to believe to be a factory :
(o) Take with him a constable into a factory or place in which he

has reasonable cause to apprehend any serious obstruction

in the execution of his duty:
(c) Inspect and examine machinery in any factory:
(a) Make such examination and inquiry as may be necessary to

ascertain whether the provisions of this Act and of all
health laws are complied with, as regards the factory and

the employés therein:
(e) Report to the Board of Health for the district any breaches

of the health laws:
(f) Question, with respect to matters under this Act, every

person whom he finds in a factory, or whom he has
reasonable cause to believe to be or to have been within the
preceding two months employed in a factory, and require
such person to answer the questions put, and to sign a de-

claration of the truth of his answers :
(9) Require the production of any book, notice, record, list,

indentures of apprenticeship, or document which is by this
Act required to be kept or exhibited, and inspect, examine,

and copy the same : (h) Esercise such powers and authorities as may be prescribed. 23. (1) An inspector entering, inspecting, and examining a accompanied by

Inspector may be factory may take with him an interpreter.


Vic. Act No. 1975, (2) Any question or requisition made on behalf of such inspector sec. 16. by such interpreter shall be deemed to have been put or made by the

modo hy the Effect of inquiry, &c.,

by interpreter. inspector, and the answer thereto made to the interpreter shall be

Ibid. deemed to have been made to the inspector.

24. The occupier of a factory shall at all reasonable times furnish Occupiers to allow

entry and inspection. the means required by an inspector necessary for the exercise of his Factories Act, 1894, duties and powers in relation to such factory.

sec. 10.
Vic. Act No. 1975,

sec. 17. 25. Every order, requisition, or determination made by an in- Orders, &c., to be in spector shall be in writing, and served on the occupier.

Factories Act, 1894,

sec. 21. 26. Every inspector

Certificates of

appointment of (a) Shall be furnished with a certificate of his appointment; and inspectors.

(6) On


The Factories Act.-1907.


Factories Act, 1894,
sec. 8.
Vic. Act No. 1975
sec. 19.

(6) On applying for admission to a factory, or any place which

he has reason to believe to be a factory, shall, if required, produce such certificate to the occupier.

Obstruction a breach of this Act. Factories Act, 1894, sec. 11.

Vic. Act No. 1975, secs. 17 and 18.

27. No person shall-
(a) Obstruct or wilfully delay an inspector or interpreter in the

execution of his duties or powers; or
(6) Omit to comply with the requirements of section 24, or of any

direction which the inspector is authorised to give pursuant

to this Act; or c) Omit to truly answer or reply to any question which any

inspector is authorised to ask under section 22; or d) Fail to produce any book, notice, record, list, or document

which, pursuant to section 22, he is required by an

inspector to produce; or (e) Directly or indirectly prevent any person from appearing

before or being questioned by an inspector, or attempt so

to do. Penalty, Ten Pounds.

Penalty for forgery, etc., of certificate, Factories Act, 1894 sec. 25. Vic. Act No. 1975, sec. 19.

28. No person shall-
(a) Forge or counterfeit any certificate of appointment; or
(6) Make use of any forged, counterfeited, or false certificate ; or

(c) Falsely pretend to be an inspector under this Act.
Six months' imprisonment.

Chief Inspector to report annually Vic. Act No, 1975, sec. 26.

Report by Chief Inspector. 29. (1) The Chief Inspector shall prepare an annual report for the Minister.

(2) Such report shall be of a general and comprehensive character, for the purpose of informing Parliament of the course and conditions of trade.

(3) Such report shall not-
(a) Refer by name to any particular occupier of a factory or

employer engaged in any process, trade, business, occupa

tion, or calling in respect whereof a Board is appointed; or (6) Be so framed as to readily admit of the identification of any

such occupier or employer. (4) Such report, (a) Shall show as nearly as possible the whole number of persons

engaged in working in factories; (b) Shall classify them according to their sex, age, and average

weekly earnings, whether in wages or by piecework, or both in wages and by piecework, in each branch;

(c) Shall

The Factories Act.—1907.

PART 11.

(c) Shall show their hours of labor ;
(d) Shall show the percentage of work done in the factories and

the percentage of work done outside thereof; and
(e) Shall contain such other particulars as the Minister may



Part IV.

DIVISION 1. 30. The occupier of a factory shall keep the same clean and free Sanitary condition

of factory. from effluvia arising from any drain, privy, urinal, or nuisance.

Factories Act, 1894,

sec. 12. 31. (1) A factory or any portion thereof

Vic. Act No. 1975,

sec. 26. (a) Shall not be so overcrowded while work is carried on therein Overcrowding.

as to be injurious to the health of the persons employed

therein: (6) Shall contain the prescribed amount of cubical space for Ventilation.

each person employed; and
(c) Shall be ventilated in the prescribed manner, and so as to Ventilation.

render harmless, as far as practicable, all the gases, vapors,
dust, and impurities generated therein, and injurious to

health. (2) Every heating appliance in any factory, whether used for Heating appliances. warming persons therein engaged, or for the manufacturing process, Vic. Act No. 2008, shall be provided with a flue of such size and construction as may be be prescribed, unless the factory is of such open construction as to render such flue unnecessary.

(3) A factory in respect whereof there is a contravention of this section shall be deemed to be not kept in conformity with this Act.

c. 5.

sec. 27


DIVISION II. 32. (l) Written notice shall be given by the Chief Inspector to Notice of defects the occupier of a factory which, or any part of which, in the opinion

in factory. of such inspector, is defective by reason of being

Vic. Act No. 1976, (a) Dilapidated; or (6) Unsafe ; or (c) Unfit for use; or (d) Injurious to health ; or (e) Insufficiently provided

1. With privies or urinals; or
11. With proper appliances for the extinction of fires; or
w. With sufficient means of egress in case of fire; or
TV. With natural light, where reasonably practicable.

(2) Such

The Factories Act.—1907.

Part IV. DIVISION 11. Cortents of notice.

Power to cancel registration.

2) Such notice shall specify-
(a) The nature of the defect ;
(6) The repairs, alterations, or improvements required to be

made; and
(c) The time within which such repairs, alterations, or improve-

ments are to be completed. (3) Unless such repairs, alterations, or improvements are completed within the period in that behalf specified in such notice, the Chief Inspector may lay an information before a Justice of the Peace that the occupier has failed to comply with the provisions of this section.

(4) Upon such information the occupier shall be summoned to appear before a Special Magistrate, to show cause why the registration of such factory should not be cancelled.

(5) Unless the occupier satisfies him that such factory or such part thereof is not defective in any of the matters set forth in the notice, such magistrate shall make an order specifying the repairs, alterations, and improvements to be made, and a time for effecting the same.

(6) If the occupier fails to comply with such order the Minister may instruct the Chief Inspector to cancel the registration of such factory, and the same shall not be re-registered until such orders are complied with.

Doors, &c., to be kept 33. (1) The occupier of a factory shall keep all doors, passages, clear of obstructions.

* and staircases thereof —
Vic. Act No. 2008,
sec. 6.

(a) Clear and free from obstruction; and
(6) In such manner as to be always available as a means of

(2) No person shall in any way whatever obstruct or permit to be
obstructed any such door, passage, or staircase.
Penalty, for the first offence Five Pounds, and for every subsequent
offence Twenty Pounds.

Fire prevention 34. (1) The occupier of a factory shall keep all prescribed appliances to be kept ready for use

of appliances (including fire-buckets full of water) for the prevention

or extinction of fire in a constant state of repair, and available for Vic. Act No. 2008, sec. 7.

immediate use.

(2) A factory in which such appliances are not so kept shall be deemed to be not kept in conformity with this Act.


Provisions as to sleeping places at factories.

Division III.-SLEEPING PLACES. 35. (1) No factory where any person is at any time employed shall be used as a sleeping place.

« EelmineJätka »