The Factories Act.-1907. Validity of Determination. 148. (1) A person desiring to challenge or dispute a determi nation of a Board for the illegality thereof may apply to the Court of Industrial Appeals, upon motion supported by affidavit, for a rule calling upon the Board to show cause why such determination should not be quashed, either wholly or in part. εec. 118. (2) The Court may make absolute or discharge the said rule Vic. Act No. 1975, with or without costs, or may state a special case for the opinion of the Supreme Court. (3) No determination of a Board shall be in any other manner challenged or disputed for the illegality thereof. DIVISION II. EVIDENCE. 149. In all proceedings in respect of offences against this Act(a) The information shall be laid within six months after the offence: () It shall be sufficient to allege that a factory or bakehouse is a factory or bakehouse : (c) The onus shall be on the defendant to prove 1. That the person, firm, or company named in an bakehouse; 11. That the provisions of this Act relating to the registra- III. That articles wholly or partly prepared, or manufac- IV. That the provisions of this Act and of any determina- v. That the provisions of this Act with regard to the VI. That a person named in an information as being VII. That the premises or place mentioned in an informa (d) The allegations contained in the information shall be deemed PART X. DIVISION II. Presumption of law and evidence in proceedings. Vic. Act No. 1975, sec. 163. Evidence of determination. Factories Act, 1906, sec. 45. Vic. Act No. 1975, sec. 117. Offences to be reported to Minister, who may direct prosecution. Vic. Act No. 1975, sec. 153. Proceedings, by whom taken. Ibid. DIVISION III. Penalty for not keeping factory or bakehouse in conformity with Act. Vic. Act No. 1975, sec. 151. The Factories Act.-1907. (e) Subsection (d) shall not apply where the offence is directly punishable by imprisonment. 150. (1) If a person is shown to be employed under such circumstances as in the opinion of the Court adjudicating raise a suspicion that such employment was contrary to the provisions of this Act, the offence charged shall be deemed proved in the absence of proof to the contrary. (2) A declaration by a certifying medical practitioner that he has personally examined a person named therein, and believes him to be under the age set forth in such declaration, shall be admissible as evidence of the age of such person. 151. The production in a Court of the Gazette purporting to contain the determination of a Board shall, except in proceedings under section 148 of this Act, be conclusive evidence of the due making and existence of such determination. 152. (1) Every offence against this Act shall be reported to the Minister. (2) No proceedings shall be taken without the consent in writing of the Minister. (3) Such consent may be proved by the production of a document in the form in the Fifth Schedule, or to the like effect, purporting to signed by the Minister. (4) Proceedings may be taken by a member of the police force or by an inspector. DIVISION III.-SUMMARY PROCEDURE AND PENALTIES. 153. (1) The occupier of a factory or bakehouse — (a) Which is not kept in conformity with this Act; or (b) In which there is a contravention of any of the provisions of this Act; shall, if no other penalty is provided, be liable 1. To a penalty not exceeding Ten Pounds; and II. To a further penalty of One Pound for every day during which such breach continues after the delivery by the inspector at his factory or bakehouse of a notice notifying him that a breach of the provisions of this Act is taking place by such factory or bakehouse not being kept in conformity with this Act, or by a contravention thereof otherwise occurring. (2) The Court, in addition to or instead of imposing such penalty, may order such occupier to adopt certain means for the purpose of bringing his factory or bakehouse into conformity with this Act. (3) Such The Factories Act.-1907. PART X. DIVISION 111. (3) Such order shall specify (a) The means to be adopted by such occupier; and (b) The time within which such means shall be so adopted, which time may be enlarged by the Court upon appli cation. (4) If, after the expiration of the time as originally specified, or subsequently enlarged, the order is not complied with, such occupier shall on conviction be liable to a penalty not exceeding One Pound for every day that such non-compliance continues. Compensation to want of fence to person injured by machinery, &c. Vic. Act No. 1975, sec. 155. 154. (1) If a person is killed or suffers bodily injury in con. Injury in consequence sequence of the occupier of a factory having neglected- (a) To fence machinery required by or in pursuance of this Act to be securely fenced; or (b) To fence any vat, pan, or other structure required by or in pursuance of this Act to be securely fenced; or (c) To maintain any such fencing, such occupier shall on conviction be liable to a penalty not exceeding One Hundred Pounds. (2) The whole or any part of such penalty may be applied for the benefit of the injured person or his family or otherwise, as the Minister determines. (3) No occupier shall be liable to a penalty under this section if an information against him for not fencing the part of the machinery, or the vat, pan, or other structure by which the death occurred or bodily injury was inflicted has been heard and dismissed within one month previous to the time when the death occurred or bodily injury was inflicted. (4) This section shall not deprive the injured person or his representatives of any right of action to recover damages. of neglect of occupier of factory. 155. The registration of the factory of any person who is con- Cancellation of victed of a third offence under Part VIII. of this Act shall be forth- registration. with cancelled by the Chief Inspector. 156. The parent of a child or person under eighteen years of age shall, if such child or person is employed in a factory contrary to this Act, be liable on conviction to a penalty not exceeding Twenty Shillings for each offence, unless it appears to the Court that such offence was committed without the consent, connivance, or wilful default of such parent. 157. (1) No person shall Forgery of certificates, false declarations. (a) Forge or counterfeit any certificate for the purposes of this entries, and Act (for the forgery or counterfeiting of which no other punishment is provided); or (b) Give Vic. Act No. 1975 sec. 158. PART X. DIVISION III. Penalty on lock-out. 1896, sec. 63. The Factories Act.-1907. (b) Give or sign any such certificate knowing the same to be false in any material particular; or (c) Utter or make use of any certificate, knowing the same to be forged, counterfeited, or false; or (d) Knowingly utter or make use of as applying to any person a certificate which does not so apply; or (e) Personate any person named in the certificate; or (f) Wilfully connive at such forging, counterfeiting, giving, signing, uttering, making use of, or personating. Penalty, One Hundred Pounds, or imprisonment for two years. (2) No person shall (a) Wilfully make a false entry in a book, register, notice, certificate, list, record, or document required by this Act to be kept, or served, or sent; or (b) Wilfully make or sign a false declaration or return under this Act; or (c) Make use of any such entry, declaration, or return, knowing the same to be false. Penalty, Fifty Pounds, or imprisonment for one year. 158. No organisation of employers or member thereof and no Cf. Conciliation Act, employer shall counsel, take part in, support, or assist directly or indirectly any lock-out on account of any matter in respect of which a Board has made a determination. Penalty on strike. Penalty on persons committing offence liable. Penalty, in the case of an organisation Five Hundred Pounds, and in the case of an individual Twenty Pounds. 159. No organisation of employés or member thereof and no employé shall counsel, take part in, support, or assist directly or indirectly any strike on account of any matter in respect of which a Board has made a determination. Penalty, in the case of an organisation Five Hundred Pounds, and in the case of an individual Twenty Pounds. 160. Where an offence for which an employer is liable under for which employer is this Act to a penalty has in fact been committed by some agent, servant, workman, or other person, such agent, servant, workman, or other person shall be liable to the same penalty as if he were the employer. Vic. Act No. 1975, sec. 159. Exemption of employer from penalty or conviction of the actual offender. Vict. Aet No. 1975. sec. 160. 161. (1) An employer charged with an offence against this Act may, upon information duly laid by him, have any other person whom he charges as the actual offender brought before the Court at the time appointed for hearing the charge. (2) If, The Factories Act.-1907. (2) If, after the commission of the offence has been proved, such employer satisfies the Court that he had used due diligence to enforce the execution of this Act, and that the said other person had committed the offence in question without his knowledge, consent, or connivance, the said other person shall be summarily convicted of such offence, and such employer shall be exempt from any penalty. (3) The informant shall proceed against the person whom he believes to be the actual offender in the first instance, without first proceeding against the employer, whenever it is made to appear to his satisfaction at the time of discovering the offence (a) That such employer has used all due diligence to enforce the observance of this Act; and (b) By whom such offence has been committed; and (c) That such offence has been committed without the knowledge, consent, or connivance of such employer, and in contravention of his orders. PART X. DIVISION III. for which no other 162. Every person guilty of an offence against this Act or Penalty for offence any regulation thereunder, for which no other penalty is provided, penalty provided. shall on conviction be liable to a penalty for the first offence of Vic. Act No. 1975, not more than Two Pounds, and for every subsequent offence to a sec. 161. penalty of not less than One Pound or more than Ten Pounds. 163. (1) The Special Magistrate or Justices imposing a penalty Justices may apply under this Act may direct the whole or any part thereof to be penalty towards costs. applied in or towards payment of the costs of the proceedings. (2) Subject to such directions, all penalties shall be paid to the Treasurer. 164. All fines and penalties for an offence against this Act may be recovered before a Special Magistrate or two or more Justices in a summary way. Factories Act, 1894, sec. 28. Fines may be re- covered before two Justices. 165. All proceedings before Justices shall be regulated by Ordi- Proceedings before nance No. 6 of 1850, "The Justices Procedure Amendment Act, 1883-4," and any other Act that may be law in that behalf. 166. (1) Any Justice may commit any person who makes default in payment of a fine or pecuniary penalty or amends under this Act to any gaol for any time not exceeding three months. (2) The imprisonment shall cease on payment of the sum due and the costs of such proceedings as may have been taken for the recovery thereof. (3) This section shall not affect any remedy under Ordinance No. 6 of 1850 or Act No. 298 of 1883-4 for the recovery of fines or pecuniary penalties or amends. 167. (1) There On non-payment of penalties, &c., Justice may imprison. |