sec.37Soliciting business to be transacted outside trading hours

### sec.37 Soliciting business to be transacted outside trading hours 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— the factory or shop will be open to the public for any purpose of trade or inspection of goods; or goods will be sold, or offered or exposed for sale, in the factory or shop; or a person will be in attendance at the factory or shop, or at any other place, for receipt of— orders for goods; requests for demonstration of goods, or delivery of goods on approval; the following persons thereby commit an offence against this Act— a person who publishes the statement, or causes or permits the statement to be published; the occupier of the factory or shop, the business of which is calculated, or apparently calculated, to be promoted by publication of the statement. 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. 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. A person is not to be prosecuted for publishing, or causing to be published, a statement referred to in subsection (1) unless— 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 the person published, or caused or permitted to be published, the statement after receipt of the warning; and the Minister’s consent to the prosecution is first obtained. 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. s 37 amd 1994 No. 23 s 3 sch (sec.37-ssec.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— the factory or shop will be open to the public for any purpose of trade or inspection of goods; or goods will be sold, or offered or exposed for sale, in the factory or shop; or a person will be in attendance at the factory or shop, or at any other place, for receipt of— orders for goods; requests for demonstration of goods, or delivery of goods on approval; the following persons thereby commit an offence against this Act— a person who publishes the statement, or causes or permits the statement to be published; the occupier of the factory or shop, the business of which is calculated, or apparently calculated, to be promoted by publication of the statement. (sec.37-ssec.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. (sec.37-ssec.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. (sec.37-ssec.4) A person is not to be prosecuted for publishing, or causing to be published, a statement referred to in subsection (1) unless— 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 the person published, or caused or permitted to be published, the statement after receipt of the warning; and the Minister’s consent to the prosecution is first obtained. (sec.37-ssec.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. - (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; - (i) orders for goods; - (ii) requests for demonstration of goods, or delivery of goods on approval; - (i) orders for goods; - (ii) requests for demonstration of goods, or delivery of goods on approval; - (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. - (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.