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The Factories Act.-1907.

PART X. Division III.

(6) 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 (t) 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 (6) 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.

Penalty on lock-out.

158. No organisation of employers or member thereof and no Cr. Conciliation Act, employer shall counsel, take part in, support, or assist directly or 1896, sec

indirectly any lock-out 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.

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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.

Penalty on persons 160. Where an offence for which an employer is liable under committing offence 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, Vic. Act No. 1975, or other person shall be liable to the same penalty as if he were the

employer.

liable.

sec. 159.

Exemption of 161. (1) An employer charged with an offence against this Act penalty or conviction may, upon information duly laid by him, have any other person of the actual offender. whom he charges as the actual offender brought before the Court at the time appointed for hearing the charge.

(2) If,

Vict. Aet No, 1976. sec. 160.

The Factories Act. -1907.

PART X. DIVISION III.

(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
(6) 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 contraven-
tion of his orders.

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for which no other

162. Every person guilty of an offence against this Actor 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.

Factories Act, 1894,

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.

sec. 28.

covered before two

164. All fines and penalties for an offence against this Act may Fines may be rebe recovered before a Special Magistrate or two or more Justices Justices. in a summary way.

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 On non-payment of

( in payment of a fine or pecuniary penalty or amends under this penalties, &c., Justice

may imprison. 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

The Factories Act. 1907.

PART X. DIVISION III.

Appeal to Local Coart from order made by Justices.

167. (1) There shall be an appeal —

(a) From an order of Justices;
(6) From a conviction by Justices; and

(c) From an order dismissing an information or complaint.
(2) Such appeal shall be to the Local Court of Adelaide of Full
Jurisdiction.

(3) Such appeal shall be regulated by Ordinance No. 6 of 1850 and the Act No. 298 of 1883-4.

(4) Such Local Court may make such order as to costs as it shall think fit, although such costs may exceed Ten Pounds.

Local Court may state a case for opinion of Supreme Court.

168. (1) Such Local Court may state a special case for the opinion 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 as to costs as to the said Court shall appear just.

(3) The Supreme Court may send the special case back for amendment, or may itself amend the same.

(4) The Justices, or the Local Court, shall make an order in respect of the matters referred to the Supreme Court, in conformity with the certificate of the said Supreme Court, or a Judge thereof.

(5) Such order of the Justices, or Local Court, shall be enforced in manner provided by this Act or otherwise by law.

In the name and on behalf of His Majesty, I hereby assent to this Bill.

GEORGE R. LE HUNTE, Governor.

SCHEDULES.

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THIRD SCHEDULE.
Every factory in which more than sixty persons are employed, per annum
Every factory in which more than thirty and not more than sixty persons

are employed, per annum
Every factory in which more than ten and not more than thirty persons

are employed, per annum Every factory in which more than six and not more than ten persons are

employed, or in which, though more than six are not employed,

steam, water, gas, oil, or electric power is used, per annum Every factory in which not more than six persons are employed, and for

which the steam, water, gas, oil, or electric power is obtained from a

factory or workroom already registered, per annum Every other factory....

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1. Bakers' Board
2. Boot Board.
3. Brickmakers' Board
4. Butchers' Board
5. Carriers' and Drivers' Board
6. Dressmaking Board
7. Furniture Board
8. Shirtmaking and Whitework Board
9. Millinery Board...

66

June 20th, 1907 November 14th, 1907

FIFTH SCHEDULE.

“ The Factories Act, 1907."

CONSENT OF MINISTER. I, the Hon.

, the Minister of Industry (or the Minister of the Crown for the time being performing the duties of Minister of Industry), hereby consent to proceedings being taken by(1) against for an alleged offence under(3)

(1) Here insert the name of the proposed informant, and state whether a member of the Police Force or an inspector under the Factories Act, 1907.

(2) Here insert address and occupation of proposed defendant. (3) Here insert number of section or subsection or regulation.

of (2)

Adelaide : By authority, C. E. Bristow, Government Printer, North Terrace.

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