Labour and Industry Act 1958
Version No. 112
Labour and Industry Act 1958
Act No. 6283/1958
Version incorporating amendments as at 5 April 2005
table of provisions
Section Page
iv
Section Page
1. Short title and commencement 1
2. Repeals and savings 1
Part I—Introductory 3
3. Definitions 3
3A. Act to bind Crown 11
4. Application of Act 11
5. Water boundaries of municipal councils 11
6. Repealed 11
7. Power to revoke Orders in Council 12
Part II—Administration 13
Division 1—The Department 13
8, 9. Repealed 13
10. General powers and duties of Minister 13
11–14. Repealed 14
Division 2—General 15
15. Employment of inspectors 15
16. Records and trade secrets to be confidential 16
17. Secretary to report annually 16
18, 19. Repealed 17
Part III—Repealed 17
20–48. Repealed 17
Part IV—Registration of Premises 18
49. Repealed 18
50. Department to approve plans for factories 18
51–55. Repealed 18
Part V—Heading repealed 18
Division 1—Heading repealed 18
56. Factory to contain prescribed amount of space and ventilation 19
57. Fire prevention appliances to be kept ready for use 19
58, 59. Repealed 20
60. Notice by inspector to council of sanitary defects in factory 20
61. Sleeping places in factories etc. 20
62–77. Repealed 21
Part VI—Repealed 21
78–98. Repealed 21
Part VII—Various Trades 22
Division 1—Carriage of Goods 22
99–101. Repealed 22
Division 2—Bread 22
102, 103. Repealed 22
104. Offences as to delivery of bread 23
104A. Offence as to sale of bread beyond 48·3 kilometres of place ofbaking 25
104B. Proof 25
105. Evidence 27
106. Proof of prior convictions on convictions for offence against Division 27
106A. Holding company liable for offences by subsidiaries 28
106B. Definitions 29
106C. Penalties 29
Divisions 3–7—Repealed 29
107–121. Repealed 29
Part VIII—Places and Conditions of Employment 30
Division 1—Places of Employment 30
122. Information to be posted 30
123. Limewashing or washing of the interior of factories 31
124. Repealed 32
125. Conveniences for employees 32
126. Repealed 33
127. Owner etc. may be treated as occupier of premises for certain purposes 33
Division 2—Conditions of Employment 34
128–138. Repealed 34
139. Factories and warehouses with certain exceptions to be closed onAnzac Day 34
140, 141. Repealed 34
Divisions 3–5—Repealed 34
142–173. Repealed 34
Part IX—Repealed 35
174–185. Repealed 35
Part X—General and Supplementary 36
Division 1—Inspections 36
186. Power of inspectors 36
187. Occupier to assist inspector in inspection 38
188. Power to visit factories and inquire as to young persons' ages 39
Division 2—Legal Proceedings 40
189–190. Repealed 40
191. Proceedings against offenders 40
192. General provisions as to proceedings 42
193. Repealed 44
194. Prosecution of firms etc. 44
195. Penalty on persons committing offence for which occupier is liable 45
196. Exemption of occupier from penalty on conviction of actual offender 46
197–199. Repealed 47
Division 3—Offences and Penalties 47
200–202. Repealed 47
203. Forgery, false entries and declarations 47
204. Repealed 48
205. General provision as to offences 48
Division 4—Regulations 49
206. Regulations 49
207. Repealed 51
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SCHEDULES 52
SCHEDULES 1–6—Repealed 52
SCHEDULE 7—Factories or warehouses which may open on
AnzacDay 52
SCHEDULE 8—Repealed 52
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ENDnotes 53
1. General Information 53
2. Table of Amendments 54
3. Explanatory Details 65
iv
Version No. 112
Labour and Industry Act 1958
Act No. 6283/1958
Version incorporating amendments as at 5 April 2005
3
Part I—Introductory
Labour and Industry Act 1958
Act No. 6283/1958
An Act to consolidate the Law relating to the Ministry of Labour and Industry, Industrial Matters and the Supervision and Regulation of Factories Shops and other Premises.
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
S. 1 amendedby Nos 6759 s.2, 7594 s. 3, 7671 s.13(a)(b), 8004 s. 2(1)(b), 8211 ss 5(2), 7(b), 8276 s.70(1), 8384 s.16(a)–(g), 8618 s.2(b)(i)(ii), 9171 s. 3(2)(a), 9427 s.6(1)(Sch. 5 item 72), 9902 s. 2(1)(Sch. item 126), 9951 s.3(1)(a)(b), 10/1987 s.29(1)(a).
1. Short title and commencement
This Act may be cited as the Labour and Industry Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
2. Repeals and savings
(1) The Acts mentioned in the First Schedule to the extent thereby expressed to be repealed are hereby repealed accordingly.
(2) Except as in this Act expressly or by necessary implication provided—
(a) all persons things and circumstances appointed or created by or under any of the repealed Acts, or existing or continuing under any of such Acts immediately before the commencement of this Act, shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed;
(b) in particular and without affecting the generality of the foregoing paragraph, such repeal shall not disturb the continuity of status operation or effect of any proclamation regulation by-law order rule application determination declaration petition direction registration licence permit certificate exemption approval nomination appointment notice fee transfer suspension record recognisance proceeding appeal liability or right made issued granted given presented passed fixed accrued incurred or acquired or existing or continuing by or under any of such Acts before the commencement of this Act.
s. 2
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Part I—Introductory
No. 5771 s. 3.
3. Definitions
s. 3
(1) In this Act unless inconsistent with the context or subject-matter—
S. 3(1) def. of "appointed date of transfer" repealed by No. 7502 s.2(a)(i).
* * * * *
S. 3(1) def. of "apprentice" substituted by No. 8211 s.2(a), repealed by No. 9583 s.2(a).
* * * * *
S. 3(1) def. of "Board of Reference" repealed by No. 9583 s.2(b).
* * * * *
S. 3(1) def. of "award" inserted by No. 9583 s.2(c), amended by No. 47/1992 s.25(3)(a), substituted by No. 83/1992 s.184(Sch. 6 item 11(a)), repealed by No. 82/1994 s.13(Sch. 2 item 4.1(a)).
* * * * *
S. 3(1) def. of "bread" substituted by No. 7080 s.2(a).
"bread" has the meaning assigned to it by section two of the Bread Industry Act 1959;
S. 3(1) def. of "by-law" repealed by No. 7671 s.4(2)(a).
* * * * *
S. 3(1) def. of "Chief Inspector" repealed by No. 7080 s.2(b).
* * * * *
s. 3
S. 3(1) def. of "child" substituted by No. 7502 s.2(a)(ii).
"child" means a person under the age of fifteen years;
S. 3(1) def. of "Commi-ssion" inserted by No. 9583 s.2(d), substituted by No. 83/1992 s.184(Sch. 6 item 11(b)), repealed by No. 82/1994 s.13(Sch. 2 item 4.1(b)).
* * * * *
S. 3(1) def. of "Commission in Court session" inserted by No. 9583 s.2(d), repealed by No. 83/1992 s.184(Sch. 6 item 11(c)).
* * * * *
S. 3(1) def. of "cooked meat" repealed by No. 10/1987 s.29(1)(b).
* * * * *
S. 3(1) def. of "council" amended by No. 12/1989 s.4(1)(Sch. 2 item 64.1).
"council" means any municipal council;
S. 3(1) def. of "Department" amended by Nos 46/1998 s.7(Sch. 1), 74/2000 s.3(Sch. 1 item65.1), substituted by No. 108/2004 s.117(1) (Sch.3 item110.1).
"Department" means the Department of Innovation, Industry and Regional Development;
s. 3
S. 3(1) def. of "determina-tion" repealedby No. 9583 s.2(e).
* * * * *
S. 3(1) def. of "Division" repealed by No. 10/1987 s.29(1)(b).
* * * * *
S. 3(1) def. of "factory" amended by Nos 7080 s.2(c), 8018 s.2,
S.R. No. 203/1974 reg.2(a), No.9348 s. 2.
"factory" means any premises or place where any manufacturing process is carried on and where—
(a) two or more persons are directly or indirectly employed in such process (whether on their own account or behalf or for hire or reward); or
(b) if—
* * * * *
(ii) steam water gas oil or electric power (exceeding ×4 kilowatts) is used in any manufacturing process; or
* * * * *
(iv) any process is used involving mixing or pasting or smelting in connexion with the manufacture or repair of electric accumulators or involving the use of a compound of lead; or
(v) any bread or pastry is made or baked for trade or sale or any confectionery or cereal food for human consumption is prepared or manufactured for trade or sale; or
(vi) fish or poultry are prepared for trade or sale by wholesale—
s. 3
one or more persons is so employed—
and includes any premises or place where electricity is generated or mechanically transformed for the supply of heat or light or power or where coal gas is made and any clay pit or quarry worked in connexion with and occupied by the occupier of any pottery or brickyard; but does not include any part of a poultry farm where poultry are not dressed for trade or sale by wholesale;
S. 3(1) def. of "farriers' work-shop" repealed by No. 7671 s.4(2)(a).
* * * * *
"footwear" means boots shoes slippers and sandals;
S. 3(1) def. of "furniture" amended by No. 6505 s. 2.
"furniture" means furniture of which wood forms a part and such as is usually made by cabinet-makers chair and couch makers upholsterers wood carvers or wood turners;
S. 3(1) def. of "Government department" amended by Nos 74/2000 s.3(Sch. 1 item65.2), 108/2004 s.117(1) (Sch.3 item110.2).
"Government department" includes any Government department other than the Department of Innovation, Industry and Regional Development and also (if the case so requires) any responsible Minister of the Crown for the time being administering a Government department;
"guard" includes fence;
S. 3(1) def. of "handicraft" repealed by No. 9951 s.3(2)(a).
* * * * *
s. 3
S. 3(1) def. of "improver" repealed by No. 8211 s.2(b).
* * * * *
S. 3(1) def. of "inspector" amended by No. 7080 s.2(d).
"inspector" means an inspector of factories and shops under this Act;
"laundry" does not include any institution or place in which the only persons employed are—
(a) inmates of any gaol juvenile school or other institution for the time being subject to inspection under any Act other than this Act; or
(b) inmates of an institution conducted in good faith for religious or charitable purposes;
S. 3(1) def. of "manu-facturing process" amended by No. 9951 s.3(2)(b).
"manufacturing process" includes any handicraft or work whatsoever done in any laundry or dye-works and whether or not done in preparing or manufacturing articles for trade or sale or any process in or incidental to the making assembling altering repairing renovating preparing ornamenting finishing cleaning washing or adapting of any goods or articles or any part thereof for trade or sale or gain or for purposes ancillary thereto, and "Manufacturing" has a corresponding interpretation;
S. 3(1) def. of "Minister" repealed by No. 10/1987 s.29(1)(b).
* * * * *
S. 3(1) def. of "municipality" repealed by No. 12/1989 s.4(1)(Sch. 2 item 64.2).
* * * * *
s. 3
"occupier" of premises includes any person who is the employer of persons working at any trade usually carried on therein;
S. 3(1) def. of "part" repealed by No. 10/1987 s.29(1)(b).
* * * * *
S. 3(1) def. of "prescribed" repealed by No. 10/1987 s.29(1)(b).
* * * * *
"proclamation" means proclamation of the Governor in Council published in the Government Gazette;
S. 3(1) def. of "public holiday" amended by Nos 8814 s.8(a), 119/1993 s.16(3).
"public holiday" means public holiday appointed by or under the Public Holidays Act 1993;
S. 3(1) defs of "Regulation" and "Schedule" repealed by No. 10/1987 s.29(1)(b).
* * * * *
s. 3
S.3(1) def of "Secretary" substituted by No. 108/2004 s.117(1) (Sch.3 item110.3)
"Secretary" means the Department Head of the Department;
S. 3(1) def. of "shop" amended by No. 7671 s.4(2)(b).
"shop" means any building or place or portion of a building or place or any stall tent vehicle or pack in which goods are exposed or offered for sale by retail, and includes any rooms of hairdressers or barbers, boot repairers' shops, the rooms of dyers and clothes cleaners commonly known as dyers' shops and clothes cleaners' shops and of agents of any such dyer or clothes cleaner, lending libraries, undertakers' establishments and the rooms of tailors or photographers;
S. 3(1) def. of "shopkeeper" repealed by No. 10/1987 s.29(1)(b).
* * * * *
S. 3(1) def. of "tractor" inserted by No. 8018 s.12(2).
"tractor" includes any power transmission equipment attached to a tractor for the purpose of driving another machine, and the joint by which such equipment is linked to the other machine;
"trade" includes process trade business and occupation;
S. 3(1) def. of "Wages Board" repealed by No. 9583 s.2(f).
* * * * *
"warehouse" means any building or portion of a building or place in which goods are sold or offered for sale by wholesale;
"week" means the period between midnight on Saturday night and midnight on the succeeding Saturday night.
S. 3(1A) inserted by No. 46/1998 s.7(Sch. 1), amendedby Nos 74/2000 s.3(Sch. 1 item65.3), 108/2004 s.117(1) (Sch.3 item110.4).
(1A) If under the Public Administration Act 2004 the name of the Department of Innovation, Industry and Regional Development is changed, a reference in the definition of "Department" in sub-section (1) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name.
S. 3(2) repealed by No. 8384 s. 2, new s.3(2) inserted by No. 9818 s. 2.
(2) In Parts I and II (except section 17), Part VI, Division 2 of Part VIII and Part X, a reference to a shop includes a reference to any building or place or portion of a building or place or any stall tent vehicle or pack in which in the course of trade or business goods are sold or exposed or offered for sale by retail whether the building or place or portion or stall tent vehicle or pack is one in which goods are on one or on more than one occasion sold or exposed or offered for sale by retail.