(4) If either House of Parliament passes a resolution disallowing any such rule, of which resolution notice has been given at any time within 14 sitting days of such House after such rule has been laid before it, such rule shall thereupon cease to have effect, but without affecting the validity or curing the invalidity of anything done, or of the omission of anything, in the meantime. This subsection shall apply notwithstanding that the said 14 days, or some of them, do not occur in the same session of Parliament as that in which the rule is laid before such house.

SEC. 75. When it is made to appear to the president that personal or other service of any summons, notice, or other document in connection with or for the purposes of any proceeding in or intended to be brought in the court can not promptly be effected in manner prescribed, the president may in his discretion make any order for substituted or other service or the substitution for service of notice by letter, telegram, public advertisement, or otherwise, which he deems necessary or convenient; and in such case compliance with such order shall be sufficient service.

SEC. 76. (1) The president and, upon being authorized in writing by the president, any officer of the court or any other person, without any other warrant than this act, may at any time during working hours

(a) Enter any place or premises or any ship or vessel of any kind whatsoever, wherein or in respect of which any industry is carried on or any work is being or has been done or commenced, or any matter or thing is taking or has taken place in relation to which any industrial dispute or industrial matter exists or is threatened or impending or will probably arise, or any award has been made, or any offense against this act is suspected;

(b) Inspect and view any work, material, machinery, appliances, article, matter, or thing whatsoever, being in such place, premises, ship, or vessel; (c) Interrogate any person or persons who may be in or upon such place, premises, ship, or vessel in respect of or in relation to any matter or thing hereinbefore mentioned.

(2) Every person who hinders or obstructs the president, or any officer of the court or other person, in the exercise of any power conferred by or under this section, or who refuses to the president, or any officer of the court or other person authorized as aforesaid, entrance during any such time as aforesaid to any such place, premises, ship, or vessel, or refuses to answer any question put to him as aforesaid, shall be liable to a penalty not exceeding £50.

SEC. 77. All the provisions of the factories acts with regard to aged, slow, inexperienced, and infirm workers shall, mutatis mutandis, apply in all cases where wages or rates of payment are fixed by the court, either in its original or appellate jurisdiction: Provided, That in such cases the appeal from a refusal of the chief inspector of factories to grant a license shall be to the president.

SEC. 78. Every award shall prevail over any contract of service or apprenticeship in force on the coming into operation of the award, so far as there is any inconsistency between the award and the contract; and the contract shall thereafter be construed and have effect as if it had been modified, so far as necessary in order to conform to the award.

SEC. 79. (1) The governor shall appoint an industrial registrar, and such (if any) deputy industrial registrars, clerks, and other officers as he deems necessary for carrying out the purposes of this act.

(2) The registrar and such other officers shall have such powers and duties as are prescribed, and also, in connection with any industrial dispute or industrial matter over which the court has jurisdiction or any proceeding in the court, such powers and duties as are directed by the court.

SEC. 80. (1) It shall be the duty of inspectors of factories appointed under the factories acts to see that the provisions of awards and orders of the court are duly observed.

(2) In the discharge of such duty an inspector may require any employer or employee to produce for examination any wages books or overtime books necessary for the purposes of this section; and, in addition, every inspector shall have and may exercise all the powers conferred on inspectors of factories by sections 108 and 109 of the factories act, 1907; and those sections and sections 110 to 113, inclusive, of the said act, shall, mutatis mutandis, extend and apply to such inspectors when acting under this act.

(3) Any inspector who, except for the purposes of this act, and in the exercise of his functions under this act, discloses to any person any information which, in the exercise of such functions, he acquires, shall be liable to a penalty not exceeding £50.

SEC. 81. (1) The governor may make all such regulations as may be necessary or convenient for carrying out the provisions and objects of this act, except as to matters with respect to which the president has power to make rules of court. (2) Any such regulation may fix penalties, not exceeding in any case £10, for the breach of the same or any other regulation so made.

(3) All such regulations—

(a) Shall be published in the Government Gazette;

(b) From the date of such publication, or from a later date fixed by the order making the same, shall (subject as by subsection (4) hereof provided) be of the same effect as if they were contained in this act; and

(c) Shall be laid before both houses of Parliament within 14 days after such publication, if Parliament is in session, and if not then within 14 days after the commencement of the next session.

(4) If either house of Parliament passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within 14 sitting days of such house after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without affecting the validity or curing the invalidity of anything done, or of the omission of anything, in the meantime.

This subsection shall apply notwithstanding that the said 14 days, or some of them, do not occur in the same session of Parliament as that in which the regulation is laid before it.

SEC. 82. All moneys required for the purposes of this act shall be paid out of moneys provided by Parliament.

In the name and on behalf of His Majesty, I hereby assent to this bill.
DAY H. BOSANQUET, Governor.

TASMANIA.

WAGES BOARDS ACT, 1910.

[No. 62.]

PART I.

INTRODUCTORY.

SHORT TITLE AND CONSTRUCTION.

SECTION 1. This act may be cited as the Wages Boards Act, 1910, and shall be deemed incorporated with and be read as one with "The Factories Act, 1910," hereinafter referred to as the principal act.

DEFINITIONS.

SEC. 4. In this act, unless inconsistent with the context

"Apprentice" means any person under 21 years of age bound by indentures of apprenticeship; "Board ""

means the wages board appointed under this act in respect of the particular process, trade, business, occupation, or calling, or group, or part concerned;

"Chairman" means the chairman of the board;

"Chief inspector" has the meaning assigned to the term by the principal act; "Clothing or wearing apparel " includes boots and shoes;

"Improver" means and includes-

1. Any person who

(a) Has served a term of not less than three years as an apprentice; and (b) Is not over the age of 21 years; and

II. Any person who, being over the age of 21 years, holds a license from the minister to be paid as an improver;

"Inspector" has the meaning and inclusion assigned to the term by the principal act;

"Minister means the minister of the Crown for the time being administering the acts relating to public health;

"Trade" includes any process, business, occupation, or calling.

PART II.

WAGES BOARDS.

Division I—Appointment of boards.

WHO APPOINTS.

SEC. 5. (1) The governor shall appoint wages boards

I. In respect of the preparation and manufacture of clothing and wearing apparel; and

II. For any other trades or any groups or parts in respect whereof both houses of Parliament pass a resolution approving such appointment.

(2) In carrying out the provisions of paragraph I of subsection (1) of this section the governor may appoint a separate board in respect of the preparation and manufacture of any particular article or articles of clothing and wearing apparel.

EXPENSES.

(3) The members of a board shall be paid such fees as may be prescribed. All the expenses of carrying out the provisions of this act shall be paid out of moneys from time to time appropriated by Parliament for that purpose.

Division II-Records and notices by employers.

DUTIES OF EMPLOYERS.

SEC. 7. (1) Every employer engaged in any trade, or group or part, in respect whereof a board is appointed, shall—

I. Make and keep a true record, in such form and giving such particulars as may be prescribed, of the names, work, and wages of the persons employed by him, and the age of every person under 21 years of age;

II. Produce such record for inspection, whenever demanded by an inspector, and forward annually and at the prescribed time a true copy thereof to the chief inspector;

III. Affix and keep affixed in legible characters in some conspicuous place, and so as to be easily read by his employees, a notice containing

(a) The name and address of the nearest inspector;

(b) The working hours of the employees;

(c) True copies or abstracts of such parts of this act and regulations thereunder as may be prescribed;

(d) A copy of the determination of the board for the time being in force; IV. Affix and keep affixed in legible characters, in such place as an inspector may direct or approve―

(a) The name of such employer; or

(b) If such employer is a company, the registered name of such company; or (c) If such employer is a firm, the firm name;

RECORD OF FINES TO BE KEPT.

V. Keep, as prescribed, a record of all fines levied by such employer upon his employees, and produce such record for inspection by an inspector whenever demanded.

Penalty: One pound ($4.87) for every day during which any of the pro-visions of this section are not complied with.

(2) Any person defacing or destroying such notices as referred to in this section shall be liable to a penalty not exceeding £10 ($48.67).

PROCEEDINGS SECRET.

SEC. 8. No person appointed under this act shall divulge any of the contents of such records to any person whatever, except in the performance of his duties under this act; and any person appointed or employed under this act shall, before acting in the execution of his office, make and subscribe before a justice such declaration of fidelity and secrecy as may be prescribed.

Penalty: One hundred pounds ($486.65).

Division III-Mode of appointment.

CONSTITUTION OF BOARD.

SEC. 9. (1) One-half of the representative members of every board shall be appointed as representatives of employers and one-half as representatives of employees.

(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.

REPRESENTATIVES.

(3) The representatives of the employers shall be or shall have been bona fide and actual employers in the trade, or group or part, for which the board is to be appointed, or managing experts.

(4) The representatives of the employees shall be or shall have been bona fide and actual employees in such trade, or group or part.

MEMBERS ELIGIBLE FOR REELECTION.

SEC. 10. A member shall be eligible for reappointment upon the expiration of his term of office.

SEC. 11. (1) The minister shall publish in the Gazette a notice which shall—

NOTICE OF APPOINTMENT.

I. Specify the trade, or group or part, in respect of which such board is to be appointed; and

II. Fix a date on or before which every employer engaged in such trade, or group or part, shall forward to the chief inspector a return containing—

(a) The employer's full name, address, and occupation; and

(b) Particulars of the names, work, and wages of the persons employed by him therein.

(2) Every employer shall duly forward the return mentioned in paragraph II of subsection (1).

Penalty: Ten pounds ($48.67).

(3) The chief inspector shall prepare a summary of such returns for the information of the minister.

(4) The minister may nominate persons for appointment on such board as representatives of employers and representatives of employees.

(5) The minister shall publish in the Gazette a notice setting out the names, addresses, and occupations of the persons nominated.

SEC. 12 (as amended by act No. 46, 1913). (1) The governor shall appoint the persons so nominated, unless objected to pursuant to subsection (2).

NOMINEES.

(2) If, in the opinion of the minister, having regard to the records contained in the latest report of the chief inspector or the summary mentioned in subsection (3) of section 11

I. Not less than five of the employers have objected in writing to any of the persons nominated as the representatives of employers; or

II. Not less than five of the adult employees have objected in writing to any of the persons nominated as the representatives of employees

the representatives of the employers or employees so objected to shall be elected in manner prescribed.

(3) Objections to nominations may be made within 21 days from the date of the publication of such nominations.

(4) The governor shall appoint the persons so elected.

(5) If no representatives of the employers or the employees or the full number of such representatives are not elected within the time appointed for the election under the regulations, then the governor shall, on the nomination of the minister, appoint a sufficient number of persons as representatives of the employers or employees, as the case may be, to fill the vacancies on the board.

The provisions of subsection (5) of section 11 and of the foregoing subsections of this section shall not apply in such appointments.

(6) When the representatives of employers and employees have been ap pointed the governor shall publish such appointment in the Gazette.

Division IV-General provisions relating to constitution of boards.

SEC. 13. Every board shall

NUMBERS AND TERM.

(1) Consist of not less than 4 nor more than 10 representative members and a chairman; and

(2) Be appointed for a period of three years from the date of appointment of the chairman.

CHAIRMAN.

SEC. 14. (1) The majority of the representative members of every board, before exercising any powers conferred upon them by this act, shall nominate in writing some persons (not being one of such members) to be chairman of such board, and such person shall be appointed by the governor to such office.

(2) In the event of such nomination not being made within 28 days from the appointment of such board the governor may appoint any justice as such chairman until a chairman shall be nominated by the said board.

(3) In the event of any vacancy occurring in the office of chairman of any board, such vacancy shall be filled in manner aforesaid.

(4) The chairman shall be deemed a member of the board, and the governor shall publish his appointment in the Gazette.

POWERS.

SEC. 15. (1) All powers of a board may be exercised by a majority of the members thereof present at any meeting. Half of the members of the board shall constitute a quorum.

(2) The chairman shall have a deliberative and not a casting vote.

If there is an equal division of votes upon any question, it shall pass in the negative.

REMOVAL OF MEMBER.

SEC. 16. The governor may, by order published in the Gazette, remove any member.

RESIGNATION.

SEC. 17. A member may resign by writing, under his hand, addressed and forwarded to the minister, and from the time his resignation is received by the minister the seat of such member shall become vacant.

GOVERNOR MAY APPOINT.

SEC. 18. (1) The governor may appoint a person to fill a vacancy caused by death, resignation, or removal of a member, or under an order of justices, pursuant to section 51: Provided, That if within 14 days of such vacancy occurring a majority of the representatives on the board of the employers or employees, as the case may be, nominate a person to be appointed to fill such vacancy, the governor shall appoint the person so nominated.

(2) No person shall be so appointed unless qualified for nomination under section 9.

(3) The term of office of a member so appointed shall be limited to the residue of the term of office for which such board is appointed.

(4) A person so appointed shall be deemed to have been elected by the employers or employees, as the case may be.

EFFECT OF VACANCY.

SEC. 19. During a vacancy in a board (other than in the office of chairman) the continuing members may, unless a member objects, act as if no vacancy existed.