XN000022-1988-12-07 — Page 17

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WEDNESDAY, DECEMBER 7. 1988

THE FACTORIES AND INDUSTRIAL

UNDERTAKINGS

FIXING TOOLS) REGULATIONS WERE MADE IN 1977.

(CARTRIDGE-OPERATED

TOOL

REGULATION 4 PROVIDED THAT NO TOOL OTHER THAN AN APPROVED LISTED IN THE SCHEDULE SHOULD BE USED IN AN INDUSTRIAL UNDERTAKING.

REGULATION 19 PURPORTED TO EMPOWER THE COMMISSIONER FOR LABOUR TO AMEND THE SCHEDULE BY NOTICE IN THE GAZETTE.

"WE HAVE RECENTLY BEEN ADVISED THAT REGULATION 19 MAY HAVE BEEN ULTRA VIRES SECTION 7(1) OF THE ORDINANCE BECAUSE IT IS EXPRESSED AS A SUB-DELEGATION OF THE POWER TO MAKE REGULATIONS, RATHER THAN AS A POWER TO APPROVE CERTAIN TYPES OF EQUIPMENT," HE SAID.

THE PURPOSE OF THE AMENDMENT REGULATIONS WAS ΤΟ PUT THE MATTER BEYOND DOUBT BY PROVIDING FOR:

(A) THE REVOCATION OF THE

SCHEDULE;

EXISTING

REGULATION 19 AND THE

(B) THE INTRODUCTION OF A NEW REGULATION 19 то EMPOWER THE

COMMISSIONER TO APPROVE TOOLS BY NOTICE

IN THE GAZETTE;

AND

(C)

THE AMENDMENT OF THE DEFINITION OF "APPROVED TOOL" ΤΟ REFLECT THESE CHANGES.

TWO BILLS PASSED

TWO BILLS WERE PASSED IN TODAY'S LEGISLATIVE COUNCIL MEETING.

THEY WERE THE ROAD TRAFFIC (AMENDMENT) (NO. 2) BILL 1988 AND THE ROADS (WORKS, USE AND COMPENSATION) (AMENDMENT) BILL 1988.

AND

IN ADDITION, A MOTION MOVED BY THE SECRETARY FOR EDUCATION MANPOWER, THAT THE COUNCIL APPROVE THE FACTORIES AND INDUSTRIAL UNDERTAKINGS

FIXING

(AMENDMENT}

(CARTRIDGE-OPERATED

REGULATIONS 1988, WAS PASSED.

TOOLS)

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