SHOPS AND SHOP ASSISTANTS ACT.

Press, Volume LII, Issue 9234, 11 October 1895, Page 6

SHOPS AND SHOP ASSISTANTS ACT.

[Bt Telegraph.} (from our special corresponded-.} WELLINGTON, October 10. The long-expected Bill to amend the Shops and Shop Assistants Act has at last made its appearance, aud I have been able to secure au early copy. Considering its importance I have decided to transmit the Bill in full. It reads as follows : — 1. The short title of this Act is the Shops and Shop Assistants Act Amendment Act, 1895, and it shall be read with the Shops and Shop Assistants Act, 1894 (hereinafter called the Prioc pal Act). 2. The proceedings of a Conference of delegates shall not ba affected by the fact that any local authority has neglected or omitted to appoint the prescribed number of delegates. 3. (1) Notwithstanding anything to the contrary contained in the Principal Act, it is hereby declared that any time withia one month after the commencement of this Act, and at any time before the 3ist day of March in each year (_) It shall be lawful for any local authority under Section 9 of the Principal Act to appoiut by special resolution another closing day in substitution for the one which is for the time being in force, (b) It shall be lawful for a Conference of Delegates appointed in that behalf by all the local authorities constituting a district under the Principal Act, to decide on another closing day in substitution for the one which is for the time being in force. (2) If the Conference decides as aforesaid, and the Chairman forthwith notifies the Minister of Labour thereof, the Minister shall by notice in the Gazette, appoint such day as the closing day in substitution of the one theretofore in force. (3) The closing day, so substituted as aforesaid by the local authority, or the Minister, shall for all purposes be the closing day in the district of such local authority or (as the case may be) in the district constituted under the Principal Act, until some other day is lawfully appointed. (4) The production of such Gazette notice shall be conclusive proof of the day named therein being the closing day in the district named therein.

4. The Principal Act is hereby amended as follows : — (1) As to section 2 (a) by repealing in the definition of "shop" all the words after "sale by retail" (b) by adding at the end of definition of " shop assistant" the words "and the clerical staff." (2) As to Section 3, by repealing thesecond paragraph thereof and substitutiug the following : —" Whenever a public holiday or half-holiday occurs in any week it shall be a sufficient compliance with this Act if a shopkeeper close- his shop on such holiday or halfholiday, instead of on the closing day under this Act. (3) As to section 4, by adding the following new sub-section :—" (4) Any person whose business it is to sell machinery for harvesting purposes may, during the time of harvest, and for the sole purpose of selling such machinery, keep his shop open on the day appointed for the closing of shops " ; (4) as to section 8, by repealing the word "shopkeeper " iv the secoud paragraph aud substituting the word " person" and by inserting after the words "or other assistant " ; (5) as to section 10, (a) by repealing the words "by the locil authority" in the first paragraph thereof and substitutiug the words " under any of the provisions of this Act," (b) by adding to the end of the said first paragraph the following proviso "provided that iv the case of a shopkeeper who commences business after January such notice may be lodged as aforesaid at any time within one month after his shop is first opened for business" ; (c) by repealing the last paragraph (to wit, tho last four lines) of the said section 10 ; (6) as to section 11, by repealing sub-sec-tion 3 thereof aud substituting the following sub-section :—(3) "At each meet-' ing of the Conference the delegates present; shall appoint one of their number to be Chairman;" (7) as to Section 17, by inserting next after the words "both sexes" the words "not being members of the same family ;" (8) as to* Section 18, by inserting next after the words "shipping " the word " railway;" (9) as to Section 22, by repealing "the words " or two or more Justices of the Peace in manner orovided by the Justices of the Peace Act," 1882 "; (10) as to sections 21 and 23 by inserting next, after the word "shop" the words " or offbe,' and next after word "shopkeeper" the words •• or office manager " whenever the words " shop " and '•♦ shopkeeper " occur in those sections.

5. In any proceedings for breach of any of the provisions of the Principal Act relating to the closing day, tbe onus shall be on the defendant to prove (1) that the day alleged to be the closing day has not been validly appointed; and also (2) that he is within any of tbe exemptions of that Act, if he claims so to be.

6. Every person who commits any breach of any provision of the Principal Act, for which no specific penalty is provided by that Act, is liable to a penalty not exceeding £5.