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TRADING (ALLOWABLE HOURS) ACT 1990 - SECT 37
Soliciting business to be transacted outside trading hours
37 Soliciting business to be transacted outside trading hours
(1) If there is published a statement that is calculated, or apparently
calculated, to promote business conducted in a factory or shop, which
statement states, suggests or implies that, at a time when the factory or shop
is required by a provision of this Act or by an industrial commission order to
be closed— (a) the factory or shop will be open to the public for any
purpose of trade or inspection of goods; or
(b) goods will be sold, or
offered or exposed for sale, in the factory or shop; or
(c) a person will be
in attendance at the factory or shop, or at any other place, for receipt of—
(i) orders for goods;
(ii) requests for demonstration of goods, or delivery
of goods on approval;
the following persons thereby commit an offence against
this Act— (d) a person who publishes the statement, or causes or permits the
statement to be published;
(e) the occupier of the factory or shop, the
business of which is calculated, or apparently calculated, to be promoted by
publication of the statement.
(2) The occupier of a factory is not to be
taken to have committed an offence defined in subsection (1) only because
goods manufactured wholly or partially at the factory are mentioned by a trade
or other name in the statement.
(3) A statement is taken to have been
published if it is communicated to any person by action, or by way of the
spoken or written word, or by way of pictorial or other visual representation.
(4) A person is not to be prosecuted for publishing, or causing to be
published, a statement referred to in subsection (1) unless— (a) the person
had been warned by an industrial inspector that publication of the statement,
or of one substantially similar, is, or would be, an offence against this Act;
and
(b) the person published, or caused or permitted to be published, the
statement after receipt of the warning; and
(c) the Minister’s consent to
the prosecution is first obtained.
(5) Subsection (4) does not apply where
the person to be prosecuted is the occupier of the factory or shop, the
business of which is calculated, or apparently calculated, to be promoted by
publication of the statement in question.
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