PARLIAMENT OF VICTORIA - ocpc.vic.gov.au · PDF fileThe Parliament of Victoria enacts: ... 30...

PARLIAMENT OF VICTORIA

561280B.I-30/7/2008 BILL LA INTRODUCTION 30/7/2008 i

Labour and Industry (Repeal) Bill 2008

TABLE OF PROVISIONS

Clause Page

PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2

PART 2—REPEAL OF LABOUR AND INDUSTRY ACT 1958 3 3 Repeal of Labour and Industry Act 1958 3

PART 3—AMENDMENTS TO ANZAC DAY ACT 1958 4 4 Insertion of headings 4 5 New Part 3 inserted 4

PART 3—CLOSURE OF FACTORIES AND WAREHOUSES ON ANZAC DAY 4 5B Definitions 4 5C Factories and warehouses to be closed on ANZAC Day 7 5D Exemption of factories and warehouses 8

6 Amendment of Schedule 9 7 New Schedule 2 inserted 9

SCHEDULE 2—Exempt Factories and Warehouses 9

PART 4—AMENDMENTS AND REPEAL 11 8 Education and Training Reform Act 2006 11 9 Pipelines Act 2005 11 10 Repeal of this Act 11

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ENDNOTES 12

PARLIAMENT OF VICTORIA

561280B.I-30/7/2008 BILL LA INTRODUCTION 30/7/2008 1

A Bill for an Act to repeal the Labour and Industry Act 1958, to amend the ANZAC Day Act 1958, to re-enact certain provisions

relating to the closure of factories and warehouses on ANZAC Day and to make consequential amendments to other Acts and for other

purposes.

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purposes The main purposes of this Act are—

(a) to repeal the Labour and Industry Act 1958; and 5

(b) to amend the ANZAC Day Act 1958 to re-enact certain provisions relating to the closure of factories and warehouses on ANZAC Day; and

Introduced in the Assembly


Part 1—Preliminary


2 561280B.I-30/7/2008 BILL LA INTRODUCTION 30/7/2008

(c) to make consequential amendments to other Acts.

2 Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 5

__________________

s. 2

Part 2—Repeal of Labour and Industry Act 1958



PART 2—REPEAL OF LABOUR AND INDUSTRY ACT 1958

3 Repeal of Labour and Industry Act 1958 The Labour and Industry Act 1958 is repealed.

__________________

See: Act No. 6283. Reprint No. 11 as at 3 April 2003 and amending Act Nos 96/2003, 108/2004, 10/2005, 24/2006 and 29/2006. LawToday: www. legislation. vic.gov.au

s. 3

Part 3—Amendments to ANZAC Day Act 1958



PART 3—AMENDMENTS TO ANZAC DAY ACT 1958

4 Insertion of headings (1) Before section 1 of the ANZAC Day Act 1958

insert—

"PART 1—PRELIMINARY". 5

(2) Before section 4 of the ANZAC Day Act 1958 insert—

"PART 2—GENERAL CONTROL OF ACTIVITIES ON ANZAC DAY".

(3) Before section 6 of the ANZAC Day Act 1958 10 insert—

"PART 4—GENERAL".

5 New Part 3 inserted After section 5A of the ANZAC Day Act 1958

insert— 15

"PART 3—CLOSURE OF FACTORIES AND WAREHOUSES ON ANZAC DAY

5B Definitions In this Part—

bread means the product obtained by baking 20 a yeast-leavened dough—

(a) whether with or without the addition of any other substances of any kind, and

(b) whether sold as bread or under a 25 trade or descriptive name—

and includes bread rolls but does not include buns, scones or crumpets;

s. 4

See: Act No. 6198. Reprint No. 4 as at 3 December 2003 and amending Act Nos 45/2004 and 98/2005. LawToday: www. legislation. vic.gov.au




factory means—

(a) any premises or place where any manufacturing process is carried on and 2 or more persons are directly employed in that process 5 (whether on their own account or for hire or reward); or

(b) any premises or place where any special manufacturing process is carried on and one or more 10 persons are directly employed in that process (whether on their own account or for hire or reward); or

(c) any premises or place where—

(i) electricity is generated or 15 mechanically transformed for the supply of heat, light or power; or

(ii) coal gas is made; or

(d) any clay pit or quarry worked in 20 connection with and occupied by the occupier of a pottery or brickyard—

but does not include any part of a poultry farm where poultry are not 25 dressed for trade or sale by wholesale;

laundry does not include any institution or place in which the only persons employed are—

(a) inmates of a prison (or other 30 institution) for the time being subject to inspection under any Act; or

s. 5




(b) inmates of an institution conducted in good faith for religious or charitable purposes;

manufacturing process includes—

(a) any handicraft or work done in 5 any laundry or dye-works, whether or not done in preparing or manufacturing articles for trade or sale; and

(b) any process in or incidental to— 10

(i) the making, assembling, altering, repairing, renovating, preparing, ornamenting, finishing, cleaning, washing or 15 adapting of any goods or articles or part of any goods or articles for trade, sale or gain, or

(ii) any purpose ancillary to 20 trade, sale or gain;

occupier of premises includes any person who is the employer of persons working within the premises;

special manufacturing process means any 25 manufacturing process in which—

(a) steam, water, gas, oil or electric power (exceeding 0⋅4 kilowatts) is used; or

(b) any process involving mixing, 30 pasting or smelting in connection with the manufacture or repair of electrical accumulators is used; or

s. 5




(c) any process involving mixing, pasting or smelting involving the use of a compound of lead is used; or

(d) any bread or pastry is made or 5 baked for trade or sale; or

(e) any confectionery or cereal food for human consumption is prepared or manufactured for trade or sale; or 10

(f) fish or poultry are prepared for trade or sale by wholesale;

trade includes process, business and occupation;

warehouse means any building or place, or 15 part of a building or place, in which goods are sold or offered for sale by wholesale;

yeast-leavened dough means yeast-leavened dough prepared— 20

(a) from flour or meal (whether as milled or with any added substances or with any of its component substances removed, reduced or added to) and water; or 25

(b) from any mixture of those flours or meals and water.

5C Factories and warehouses to be closed on ANZAC Day

(1) An occupier of a factory or warehouse must 30 ensure—

(a) that the factory or warehouse is closed and kept closed on ANZAC Day; and

s. 5




(b) that each employee in that factory or warehouse is given a whole holiday on ANZAC day.

Penalty: 100 penalty units.

(2) Subsection (1) does not apply to a factory of 5 a class or kind—

(a) set out in Schedule 2; or

(b) exempted by Order under section 5D.

(3) Subsection (1)(b) does not apply in relation to employees solely employed for the 10 purpose of safeguarding the premises.

(4) If a body corporate is guilty of an offence against subsection (1), any person who is concerned, or takes part, in the management of that body corporate is also guilty of the 15 offence and liable to the penalty for the offence.

(5) It is a defence to a charge against a person brought pursuant to subsection (1) if the person proves that— 20

(a) the offence was committed by the body corporate without that person's consent or knowledge; and

(b) that person exercised due diligence to prevent the commission of the offence. 25

5D Exemption of factories and warehouses (1) The Governor in Council, by Order

published in the Government Gazette, may exempt a class or kind of factory or warehouse from the requirements of 30 section 5C(1).

s. 5




(2) An Order under this section must be laid before each House of Parliament as soon as practicable after it is made.

__________________".

6 Amendment of Schedule 5

In the Schedule to the ANZAC Day Act 1958—

(a) for "SCHEDULE" substitute "SCHEDULE 1"; and

(b) in the Note to the Schedule omit "Labour and Industry Act 1958". 10

7 New Schedule 2 inserted After the Schedule to the ANZAC Day Act 1958

insert—

"__________________

SCHEDULE 2 15

EXEMPT FACTORIES AND WAREHOUSES

(1) Every factory or warehouse in which any of the following is carried on—

(a) the printing, publishing or distributing of newspapers; 20

(b) the manufacture, distribution or supply of gas or electric light or power;

(c) any necessarily continuous process of manufacture;

(d) the supply of milk; 25

(e) the trade of a pastry cook.

s. 6




(2) Every bread factory—

(a) while dough only is being prepared in the factory; or

(b) after 8 p.m. when ANZAC Day falls on a Friday.". 5

__________________

s. 7

Part 4—Amendments and Repeal



PART 4—AMENDMENTS AND REPEAL

8 Education and Training Reform Act 2006 In section 5.4.1 of the Education and Training Reform Act 2006 in the definition of factory for "the Labour and Industry Act 1958" substitute 5 "Part 3 of the ANZAC Day Act 1958".

9 Pipelines Act 2005 In Schedule 1 to the Pipelines Act 2005, in clause 2(e)(ii) omit "within the meaning of the Labour and Industry Act 1958". 10

10 Repeal of this Act This Act is repealed on the first anniversary of the day on which it receives the Royal Assent.

Note

The repeal of this Act does not affect the repeals or amendments 15 made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

═══════════════

See: Act No. 24/2006. Reprint No. 1 as at 14 July 2008 and amending Act No. 12/2008. LawToday: www. legislation. vic.gov.au

s. 8

See: Act No. 61/2005 and amending Act Nos 29/2006, 60/2006, 25/2008 and 30/2008. LawToday: www. legislation. vic.gov.au



ENDNOTES

By Authority. Government Printer for the State of Victoria.

Endnotes

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