The Factories Act.-1907. DIVISION II.-WORKING HOURS IN FACTORIES WHERE CHINESE EMPLOYED. 72. (1) In a factory where any Chinese person is employed no person shall work for himself or for hire or reward, either directly or indirectly, or shall employ or authorise or permit any person to work 1. On any day before half-past seven o'clock in the morning, or II. On a Saturday, after two o'clock in the afternoon; or III. On a Sunday. Penalty, for the first offence Ten Pounds, and for any subsequent offence Twenty-five Pounds. registration. (2) The Chief Inspector shall forthwith cancel the registration of Cancellation of a factory, the occupier of which is convicted under this section of a third offence; and such factory shall not be re-registered without the sanction of the Minister. (3) In a prosecution for an offence against this section upon the Proof of Court being satisfied (a) That at any time during which work is prohibited by this section in a factory sounds have been heard such as would ordinarily be heard if made by persons engaged in such factory in the usual work therein carried on; and (b) That during such time any member of the police force or inspector was refused or could not gain immediate admission to such factory, the onus of proof that the offence charged has not in fact been committed shall be on the defendant. 73. The Minister may— (a) In order to meet an unforeseen press of work, and contravention. Power to suspend operation of section 72. (b) Subject to the conditions and restrictions imposed in section Vic. Act No. 2008, 65, suspend the operation of section 72 in respect of any factory for any period not exceeding two months. 74. In a prosecution under section 72 the occupier of a factory shall be deemed to have contravened the provisions thereof if any person is proved to have been working therein at a time when work is prohibited by the said section. DIVISION III.-CERTIFICATION OF FITNESS FOR EMPLOYMENT OF 75. (1) Every employé under the age of sixteen years shall obtain, and when required by an inspector produce to him a certifi cate, sec. 10. Effect of work n prohibited hours. factory during Vic. Act No. 2008, sec. 9. DIVISION III. Certificate of fitness for employment of persons under sixteen years of age. PART VII. DIVISION III. See Factories Act, 1894, sec. 15. Vic. Act No. 1975, sec. 43. Supplemental provisions as The Factories Act.-1907. cate, in the prescribed form, of his fitness for employment in any factory (a) In such cases as may be prescribed; and (b) In such cases as the Chief Inspector, owing to special circumstances, may by written notice require. (2) Such certificate may be granted by a certifying medical practitioner for the district, and shall be to the effect that he(a) Is satisfied by the production of a certificate of birth or other sufficient evidence that the person named in the certificate of fitness is of the age therein specified; and (b) Has personally examined such person and found him not to be incapacitated by disease or bodily infirmity for working daily for the time allowed by law in the factory named in the certificate. (3) Every employé under the age of sixteen years shall, where a certificate of fitness is not required, obtain and produce, when demanded by an inspector, a certificate of birth, as provided in section 76. Penalty, Five Pounds. 76. (1) All factories or any of them may be specified in the certificate of fitness for employment if the certifying medical practitioner is of opinion that he can truly give the certificate for Factories Act, 1594, employment therein. certificates of fitness for employment. sec. 16. Vic. Act No. 1975, sec. 44 DIVISION IV. Restriction in employment of boys and females as type-setters. Vic. Act No. 1975, sec. 46. (2) The certificate of birth referred to in section 75 shall be- (b) A statutory declaration as to the age of the person. (3) An inspector shall annul a certificate granted by a certifying medical practitioner on evidence other than a certificate of birth, if he has reasonable cause to believe that the real age of the person named in it is less than that mentioned in the certificate. (4) Such annulment shall be in writing served upon such occupier. DIVISION IV.-EMPLOYMENT OF BOYS AND FEMALES AS TYPE SETTERS. 77. (1) No person shall employ a boy under sixteen years of age or a female as type-setter in a printing office (a) For longer than eight hours in any one day; or (b) Between the hours of six o'clock in the evening and six o'clock in the morning. Penalty, Ten Pounds. (2) The Chief Inspector may, as regards a boy under sixteen years of age, in a case of emergency, grant a certificate of exemption from the provisions of subsection (1), but only on condition that no such boy shall be employed for twelve hours preceding and for twelve hours following any night work. PART The Factories Act.-1907. PART VIII. WAGES BOARDS. DIVISION I.-APPOINTMENT OF BOARDS. PART VIII. DIVISION I. Appointment of 78. (1) The Governor shall appoint Wages Boards for the fol- Boards for specified lowing processes, trades, businesses, occupations, or callings: trades, &c. sec. 6. sec. 75. (a) The preparation and manufacture of clothing and wearing Vic. Act No. 1975, apparel: (b) The preparation and manufacture of furniture: Factories Act, 1906, sec. 33. (c) The preparation and manufacture of overmantels and of wood Ibid. (d) The preparation and manufacture of mattresses and bedding: (f) Of a pastrycook: Ibid. Ibid. (g) Of a butcher and seller of meat, and maker and seller of small Factories Act, 1906 goods: (h) Of brickmaking: (i) Of drivers of trollies, wagons, drays, and carriers' vehicles: (j) Agricultural machinery and implement makers: (k) Printers, bookbinders, paper rulers and cutters: sec. 6. Ibid. Ibid. House of Assembly resolution, 3/9/07. (1) Brushmakers: (m) Carpenters and joiners: (n) Coopers: (0) Hairdressers: (p) Laundries: (q) Painters and decorators : (r) Galvanized-iron workers engaged in the construction of buildings, plumbers, and gasfitters: (s) Saddlers and harnessmakers, including collarmakers, bridlecutters, and machinists employed in the trade: (t) Sawmills, timber yards, and wood box makers: (u) Tanners, curriers, and tanyards: (v) For any other process, trade, business, occupation, or calling in respect whereof both Houses of Parliament pass a resolution approving such appointment. (2) In carrying out the provisions of subsection (1) the Governor may- (a) Appoint a separate Board for each process, trade, business, occupation, or calling; or (b) Appoint a separate Board in respect of the preparation and manufacture of particular articles of clothing and wearing apparel and of furniture; or (c) With PART VIII. DIVISION I. Continuation of present Boards and determinations. New. Short title of Boards. The Factories Act.-1907. (c) With the authority of a resolution of both Houses of Parliament, appoint a separate Board for any specified part or parts of any one or more of such processes, trades, businesses, occupations, or callings: Provided that nothing in this subsection shall be deemed to require any such resolution in the case of the Boards referred to in subsection (b): (d) Group together any one or more of such processes, trades, businesses, occupations, or callings, or part or parts thereof, and appoint one Board for each group. 79. (1) The Boards heretofore appointed by the Governor, and specified in the Fourth Schedule, shall, for all purposes, be deemed to have been duly appointed under this Act, and the members at the time of the passing of this Act of each Board. other than the Chairman thereof, shall hold office, and the Board shall continue for three years from the date set opposite the title of such Board in the said Schedule. (2) The present Chairman of such Boards shall, upon the coming into operation of this Act, retire from office and new Chairmen shall be appointed in manner prescribed by section 87. 3) A casual vacancy occurring in any such Board shall be filled in manner provided in section 91. (4) Any determinations made by any such Board shall, for all purposes: (a) Be deemed to have been duly made by a Board duly appointed under this Act, and take effect accordingly; and (b) Remain in force until altered by such Board under section 107, or a subsequent Board, or in accordance with an order of the Court of Industrial Appeals. 80. (1) The Boards specified in the Fourth Schedule may be Factories Act, 1906, described for all purposes by the short titles therein set out. ec. 39. Vic. Act No. 1975, sec. 109. DIVISION II. Records and notices by employers. (2) The Governor may, by order published in the Gazette, direct that any Board hereafter appointed may be described by a specified short title. DIVISION II.-RECORDS AND NOTICES BY EMPLOYERS. 81. (1) Every employer engaged in any process, trade, business, occupation, or calling, or group or part, in respect whereof a Board Factories Act, 1900, is appointed, shall- sec. 10. See Vic. Act, No. 1975 of 1905, sec. 20. Production to inspector. (a) Make and keep a true record in such form and giving such (b) Produce such record for inspection, whenever demanded by The Factories Act.-1907. PART VIII. DIVISION II. (c) Affix and keep affixed in legible characters in some con- Information to be spicuous place, and so as to be easily read by his employés, posted. a notice containing 1. The name and address of the inspector for the Name of inspector. district: 11. The holidays and the working hours of the Holidays. employés : III. True copies or abstracts of such parts of this Act Abstracts of Act and and regulations thereunder as may be prescribed: regulations. IV. A copy of the determination of the Board for the Determination of time being in force: Board. (d) Affix and keep affixed in legibile characters, in such place Name of employer. as an inspector may direct or approve― 1. The name of such employer; or, 11. If such employer is a company, the registered name of such company; or, 111. If such employer is a firm, the firm name: (e) Affix and keep affixed in legible characters, in such place as Record of fines. an inspector may direct or approve, a detailed record of all fines levied by such employer upon his employés : (f) Forward to the Chief Inspector a copy of such record of Record of fines to be fines at such times and in such form as may be prescribed. forwarded. Penalty, One Pound for every day during which any of the provisions of this section are not complied with. DIVISION III.-MODE OF APPOINTMENT. DIVISION III. Factories Act, 1906, sec 7. 82. (1) One-half of the representative members of every Board Constitution of Board shall be appointed as representatives of employers and one-half as representatives of employés. (2) If a Board be appointed exclusively for men's and boys' clothing the representatives of employers shall consist of three representatives of makers of ready-made clothing and two of makers of order clothing. Vic. Act No. 1975, sec. 76. Men's and Boys' Clothing Board. sec. 9. Factories Act, 1906, Vic. Act No. 1975, sec. 79. (3) The representatives of the employers shall be, or shall have Representatives. been, bona fide and actual employers in the process, trade, business, Ibid, amended. occupation, or calling, or group, or part for which the Board is to be appointed, concerned, or managing experts. (4) The representatives of the employés shall be or shall have been bona fide and actual employés in such process, trade, business, occupation, or calling, or group, or part. 83. A member shall, upon the expiration of his term of office, Member of Board be eligible for re-appointment. 84. (1) The to be eligible for re-election. Factories Act, 1906, sec. 7 Vic. Act No. 1975, sec. 76. |