PART 11. DIVISION IV. Record of fines to be forwarded. Record of outside work done for The Factories Act.-1907. (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. 20. (1) Every occupier of a factory for whom, directly or infactories to be kept. directly, 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— Factories Act, 1900, sec. 11. Vic. Act No. 1975, sec. 21. Inspectors may examine same. Record to be supplied to Chief Inspector. And may be published by authority of Minister. Limitation on publishing. Meaning of "occupier' in this section. Exemption. Inspector divulging contents of record. Vic. Act No 1975, sec. 24. (a) The description and quantity of such work; and (b) 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 reasonable 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 particulars 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. 21. (1) No inspector shall divulge the contents of any record of persons employed 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 officer 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. ᏢᎪᎡᎢ The Factories Act.-1907. 'PART III. POWERS AND DUTIES OF FACTORY INSPECTORS. 22. (1) Every inspector may (a) Enter, inspect, and examine— 1. Any factory at any time when he has reasonable cause (6) Take with him a constable into a factory or place in which he (c) Inspect and examine machinery in any factory: (d) 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 declaration of the truth of his answers: (g) 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) Exercise such powers and authorities as may be prescribed. 23. (1) An inspector entering, inspecting, and examining a factory may take with him an interpreter. (2) Any question or requisition made on behalf of such inspector by such interpreter shall be deemed to have been put or made by the inspector, and the answer thereto made to the interpreter shall be deemed to have been made to the inspector. 24. The occupier of a factory shall at all reasonable times furnish the means required by an inspector necessary for the exercise of his duties and powers in relation to such factory. 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. 26. Every inspector writing. Certificates of (a) Shall be furnished with a certificate of his appointment; and inspectors. (b) On PART III. Factories Act, 1894, sec. 8. Vic. Act No. 1975 sec. 19. Obstruction a breach of this Act. Factories Act, 1894, sec. 11. Vic. Act No. 1975, secs. 17 and 18. The Factories Act.-1907. (b) 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. 27. No person shall (a) Obstruct or wilfully delay an inspector or interpreter in the execution of his duties or powers; or (b) 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 for forgery, Penalty, Ten Pounds. etc., of certificate. Factories Act, 1894 sec. 25. Vic. Act No. 1975, sec. 19. Chief Inspector to report annually Vic. Act No. 1975, sec. 25. 28. No person shall (a) Forge or counterfeit any certificate of appointment; or (b) Make use of any forged, counterfeited, or false certificate; or (c) Falsely pretend to be an inspector under this Act. Six months' imprisonment. 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, occupation, or calling in respect whereof a Board is appointed; or (b) 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. (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 require. PART 111. PART IV. PART IV. SANITATION IN FACTORIES. DIVISION I.-CLEANLINESS AND OVERCROWDING. DIVISION I. 30. The occupier of a factory shall keep the same clean and free Sanitary condition from effluvia arising from any drain, privy, urinal, or nuisance. 31. (1) A factory or any portion thereof of factory. Factories Act, 1894, sec. 12. 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: (b) 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. dust, and impurities generated therein, and injurious to (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 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. sec. 5. DIVISION II. DIVISION II.-SAFETY, CONVENIENCES, AND APPLIANCES. 32. (1) 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 of such inspector, is defective by reason of being (a) Dilapidated; or (b) Unsafe; or (c) Unfit for use; or in factory. Vic. Act No. 1975, sec. 27 (d) Injurious to health; or (e) Insufficiently provided— 1. With privies or urinals; or 11. With proper appliances for the extinction of fires; or (2) Such PART IV. DIVISION 11. Cortents of notice. The Factories Act.-1907. (2) Such notice shall specify Power to cancel registration. Doors, &c., to be kept clear of obstructions. Vic. Act No. 2008, sec. 6. Fire prevention ready for use. (a) The nature of the defect; (b) The repairs, alterations, or improvements required to be made; and (c) The time within which such repairs, alterations, or improvements 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. 33. (1) The occupier of a factory shall keep all doors, passages, and staircases thereof (a) Clear and free from obstruction; and (b) In such manner as to be always available as a means of escape. (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. 34. (1) The occupier of a factory shall keep all prescribed appliances to be kept appliances (including fire-buckets full of water) for the prevention or extinction of fire in a constant state of repair, and available for immediate use. Vic. Act No. 2008, sec. 7. DIVISION III. Provisions as to sleeping places at factories. (2) A factory in which such appliances are not so kept shall be deemed to be not kept in conformity with this Act. DIVISION III.-SLEEPING PLACES. 35. (1) No factory where any person is at any time employed shall be used as a sleeping place. |