Victorian Numbered Acts Victorian Numbered ActsAfter section 5A of the ANZAC Day Act 1958 insert —
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;
"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
(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
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(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
(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.
(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
(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.
(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).
(2) An Order under this section must be laid before each House of Parliament as soon as practicable after it is made.
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