Act Repealed Latest version as at 19 October 1978 (as enacted) | 1978 No 94

Factories Amendment Act 1978

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Factories Amendment Act 1978

Public Act		1978 No 94
Date of assent		19 October 1978

	Title
1	Short Title
2	Powers of Inspectors
3	Fines
	Administrative information

An Act to amend the Factories Act 1946

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1 Short Title

This Act may be cited as the Factories Amendment Act 1978, and shall be read together with and deemed part of the Factories Act 1946 (hereinafter referred to as the principal Act).

2 Powers of Inspectors

(1)

Section 5(1) of the principal Act is hereby amended by omitting paragraph (d), and substituting the following paragraph:

“(d)

Make such examinations, tests, and inquiries, and take such samples and photographs, as are necessary to ascertain whether this Act or any Act relating to public health has been or is being complied with in respect of any factory or the persons employed in any factory:”.

(2)

Section 5 of the principal Act is hereby further amended by inserting, after subsection (2), the following subsection:

“(2a)

Where in the exercise of his powers under subsection (1) of this section, an Inspector takes a sample from a factory, he shall deliver part of it to the occupier of the factory if the occupier so requests.”

(3)

Section 5 of the principal Act is hereby further amended by repealing subsection (3), and substituting the following subsection:

“(3)

Except for the purposes of this Act and the exercise of his functions under this Act, or with the consent of the Minister, an Inspector shall not disclose to any person any information that he acquires in the exercise of those functions:

“Provided that if so requested by a Coroner, an Inspector shall provide him with a written report relating to the circumstances of any fatal accident.”

3 Fines

The principal Act (as amended by section 7(1) of the Decimal Currency Act 1964) is hereby further amended—

(a)

By omitting from sections 9(2), 40(2), 76(2), 86, 87(3), and 88 respectively the words “ten dollars”, in each place where they occur, and substituting in each case the expression “$100”:

(b)

By omitting from sections 18, 51(1), and 72(5) respectively the words “four dollars”, in each place where they occur, and substituting in each case the expression “$100”:

(c)

By omitting from sections 34(5) and 88 respectively the words “two dollars”, in each place where they occur, and substituting in each case the expression “$25”:

(d)

By omitting from section 35(2) the words “forty dollars”, and substituting the expression “$100”:

(e)

By omitting from sections 36(2), 39(9), and 40(1) respectively the words “twenty dollars”, in each place where they occur, and substituting in each case the expression “$100”:

(f)

By omitting from section 39(10) the words “one hundred dollars”, and substituting the expression “$500”:

(g)

By omitting from section 51(1) the words “twenty dollars”, and substituting the expression “$2,000”:

(h)

By omitting from section 51(2) the words “two hundred dollars”, and substituting the expression “$2,000”:

(i)

By omitting from section 71(7) the words “four dollars”, and substituting the expression “$200”:

(j)

By omitting from section 71(7) the words “one dollar”, and substituting the expression “$15”:

(k)

By omitting from section 86 the words “fifty dollars”, and substituting the expression “$2,000”:

(l)

By omitting from section 89 the words “a fine not exceeding two hundred dollars, or to imprisonment for a term not exceeding three months”, and substituting the words “a fine not exceeding $2,000, or to imprisonment for a term not exceeding 3 months, or to both”.

This Act is administered in the Department of Labour.

Factories Amendment Act 1978