Labour and Industry (Repeal) Act 2008
i
Labour and Industry (Repeal) Act 2008
No. 62 of 2008
TABLE OF PROVISIONS
Section 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
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1
Labour and Industry (Repeal) Act 2008 †
No. 62 of 2008
[Assented to 5 November 2008]
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
(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
Victoria
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Part 1—Preliminary
Labour and Industry (Repeal) Act 2008
No. 62 of 2008
2
(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.
__________________
s. 2
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Part 2—Repeal of Labour and Industry Act 1958
Labour and Industry (Repeal) Act 2008
No. 62 of 2008
3
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The Labour and Industry Act 1958 is repealed.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
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Part 3—Amendments to ANZAC Day Act 1958
Labour and Industry (Repeal) Act 2008
No. 62 of 2008
4
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".
(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
insert—
"PART 4—GENERAL".
5 New Part 3 inserted
After section 5A of the ANZAC Day Act 1958
insert—
"PART 3—CLOSURE OF FACTORIES AND
WAREHOUSES ON ANZAC DAY
5B Definitions
In this Part—
bread means the product obtained by baking
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
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
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Part 3—Amendments to ANZAC Day Act 1958
Labour and Industry (Repeal) Act 2008
No. 62 of 2008
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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
(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
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
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
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
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
institution) for the time being
subject to inspection under any
Act; or
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Part 3—Amendments to ANZAC Day Act 1958
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(b) inmates of an institution
conducted in good faith for
religious or charitable purposes;
manufacturing process includes—
(a) any handicraft or work done in
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—
(i) the making, assembling,
altering, repairing,
renovating, preparing,
ornamenting, finishing,
cleaning, washing or
adapting of any goods or
articles or part of any goods
or articles for trade, sale or
gain, or
(ii) any purpose ancillary to
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
manufacturing process in which—
(a) steam, water, gas, oil or electric
power (exceeding 0⋅4 kilowatts) is
used; or
(b) any process involving mixing,
pasting or smelting in connection
with the manufacture or repair of
electrical accumulators is used; or
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Part 3—Amendments to ANZAC Day Act 1958
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(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
baked for trade or sale; or
(e) any confectionery or cereal food
for human consumption is
prepared or manufactured for
trade or sale; or
(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
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—
(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
(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
ensure—
(a) that the factory or warehouse is closed
and kept closed on ANZAC Day; and
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Part 3—Amendments to ANZAC Day Act 1958
Labour and Industry (Repeal) Act 2008
No. 62 of 2008
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(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
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
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
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—
(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.
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
section 5C(1).
s. 5
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Part 3—Amendments to ANZAC Day Act 1958
Labour and Industry (Repeal) Act 2008
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(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
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".
7 New Schedule 2 inserted
After the Schedule to the ANZAC Day Act 1958
insert—
"__________________
SCHEDULE 2
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;
(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;
(e) the trade of a pastry cook.
s. 6
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Part 3—Amendments to ANZAC Day Act 1958
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(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.".
__________________
s. 7
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Part 4—Amendments and Repeal
Labour and Industry (Repeal) Act 2008
No. 62 of 2008
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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
"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 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
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
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Labour and Industry (Repeal) Act 2008
No. 62 of 2008
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ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 31 July 2008
Legislative Council: 21 August 2008
The long title for the Bill for this Act was "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."
Endnotes
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