{"id":"nsw:act-2008-049","name":"Retail Trading Act 2008","slug":"retail-trading-act-2008","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"49 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174877,"registerId":"nsw-nsw:act-2008-049-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Retail Trading Act 2008](/view/html/inforce/current/act-2008-049).\n> \n> **s 1:** Am 2010 No 114, Sch 1 \\[2\\].","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on 1 July 2008.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > bank—see section 14A.\n> > \n> > Departmental website means the Internet website used for the time being by the Department of Customer Service to provide public access to information for the purposes of this Act.\n> > \n> > exercise a function includes perform a duty.\n> > \n> > function includes a power, authority or duty.\n> > \n> > inspector means an inspector within the meaning of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017).\n> > \n> > occupier of a shop includes—\n> > \n> > > (a) a person entitled to occupy the shop, and\n> > \n> > > (b) a person managing or controlling, or apparently managing or controlling, a business carried on in the shop, and\n> > \n> > > (c) a person who is, or appears to be, the employer of a person or persons working in a business carried on in the shop.\n> > \n> > premises means any land, structure (fixed or movable), vessel or other vehicle.\n> > \n> > restricted trading day means Good Friday, Easter Sunday, Anzac Day, Christmas Day or Boxing Day.\n> > \n> > Secretary means the Secretary of the Department of Customer Service.\n> > \n> > shop means premises—\n> > \n> > > (a) that are used wholly or predominantly for the retail sale of goods, and\n> > \n> > > (b) in or at which goods are sold or exposed or offered for sale by retail on one or more occasions.\n> > \n> > Note—\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) Notes included in this Act do not form part of this Act.\n> \n> **s 3:** Am 2009 No 70, Sch 1 \\[2\\]; 2010 No 114, Sch 1 \\[3\\]; 2017 No 63, Sch 4.41 \\[1\\] \\[2\\]; 2022 No 59, Sch 3.62; 2024 No 55, Sch 1\\[1\\].","sortOrder":3},{"sectionNumber":"3A","sectionType":"section","heading":"Meaning of “freely elected to work”","content":"#### 3A Meaning of “freely elected to work”\n\n3A Meaning of “freely elected to work”\n\n> For the purposes of this Act, a person has not freely elected to work on a day—\n> \n> > (a) if the person works on the day because the person has been coerced, harassed, threatened or intimidated by or on behalf of the occupier of the shop or on behalf of the bank, or\n> \n> > (b) merely because the person is rostered, or required by the terms of an industrial instrument, to work on that day.\n> \n> **s 3A:** Ins 2015 No 55, Sch 1 \\[1\\].","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Restricted shop trading days","content":"# Part 2 Restricted shop trading days\n\nPart 2 Restricted shop trading days\n\n**pt 2, hdg:** Am 2010 No 114, Sch 1 \\[4\\].","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Shops to be closed on restricted trading days","content":"#### 4 Shops to be closed on restricted trading days\n\n4 Shops to be closed on restricted trading days\n\n> > (1) All shops must be kept closed at the following times—\n> > \n> > > (a) at all times on Good Friday,\n> > \n> > > (b) at all times on Easter Sunday,\n> > \n> > > (c) at all times on Anzac Day,\n> > \n> > > (d) at all times on Christmas Day,\n> > \n> > > (e) at all times on Boxing Day.\n> \n> > (2) This section is subject to any exemption of a shop from the requirements of this Act under Part 3.\n> \n> > (3) (Repealed)\n> \n> **s 4:** Am 2010 No 114, Sch 1 \\[5\\]; 2015 No 55, Sch 1 \\[2\\]; 2024 No 55, Sch 1\\[2\\].","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Offence of trading on restricted trading day","content":"#### 5 Offence of trading on restricted trading day\n\n5 Offence of trading on restricted trading day\n\n> > (1) An occupier of a shop must keep the shop closed on a restricted trading day in accordance with section 4.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (2) It is a defence to a prosecution for an offence under this section if a shop is kept open at a time that is 30 minutes or less after the commencement of a restricted trading day for the purposes of serving a customer—\n> > \n> > > (a) who was in the shop before the commencement of that day, and\n> > \n> > > (b) to whom goods had been sold or offered for sale in the shop before that commencement.\n> \n> > (3) A person commits an offence against this subsection if the person commits an offence under subsection (1) in circumstances of aggravation.\n> > \n> > Maximum penalty—100 penalty units for each person who did not freely elect to work on the restricted trading day.\n> \n> > (4) In subsection (3), circumstances of aggravation means circumstances in which the shop was staffed by any person who did not freely elect to work on the restricted trading day concerned.\n> \n> > (5) If on the trial of a person charged with an offence against subsection (3) the trier of fact is not satisfied that the offence is proven but is satisfied that the person has committed an offence against subsection (1), the trier of fact may acquit the person of the offence charged and find the person guilty of an offence against subsection (1), and the person is liable to punishment accordingly.\n> \n> **s 5:** Am 2015 No 55, Sch 1 \\[3\\].","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Advertising of trading on restricted trading day","content":"#### 6 Advertising of trading on restricted trading day\n\n6 Advertising of trading on restricted trading day\n\n> A person must not publish, or cause to be published, (by any means) an express or implied statement that, at any time at which a shop is required to be kept closed under this Act, the shop will be open for business.\n> \n> Maximum penalty—50 penalty units.","sortOrder":8},{"sectionNumber":"6A","sectionType":"section","heading":"Relationship to Liquor Act 2007","content":"#### 6A Relationship to Liquor Act 2007\n\n6A Relationship to Liquor Act 2007\n\n> > (1) For the avoidance of doubt, nothing in the [Liquor Act 2007](/view/html/inforce/current/act-2007-090), or in a packaged liquor licence under that Act, operates to exempt any licensed premises from a requirement under this Act to be kept closed.\n> \n> > (2) In this section—\n> > \n> > licensed premises means premises to which a packaged liquor licence under the [Liquor Act 2007](/view/html/inforce/current/act-2007-090) relates.\n> \n> **s 6A:** Ins 2010 No 114, Sch 1 \\[6\\].","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Exemptions for shop trading","content":"# Part 3 Exemptions for shop trading\n\nPart 3 Exemptions for shop trading\n\n**pt 3, hdg:** Am 2010 No 114, Sch 1 \\[7\\].","sortOrder":10},{"sectionNumber":"Division 1","sectionType":"division","heading":"General exemptions","content":"## Division 1 General exemptions\n\nDivision 1 General exemptions","sortOrder":11},{"sectionNumber":"7","sectionType":"section","heading":"Businesses of certain kinds exempt from trading restrictions","content":"#### 7 Businesses of certain kinds exempt from trading restrictions\n\n7 Businesses of certain kinds exempt from trading restrictions\n\n> > (1) A shop is exempted from a requirement under this Act to be kept closed if its predominant business is a business of a kind specified in Schedule 1.\n> \n> > (2) An exemption under subsection (1) is subject to the condition that, on a restricted trading day, the exempted shop is staffed only by persons who have freely elected to work on that day.\n> \n> > (3) This section has effect despite any other Act or law.\n> \n> > (4) (Repealed)\n> \n> **s 7:** Am 2010 No 114, Sch 1 \\[8\\]; 2015 No 55, Sch 1 \\[4\\] \\[5\\].","sortOrder":12},{"sectionNumber":"8","sectionType":"section","heading":"Small shops exemption","content":"#### 8 Small shops exemption\n\n8 Small shops exemption\n\n> > (1) A shop is exempted from a requirement under this Act to be kept closed at a particular time if it complies with the requirements of this section.\n> \n> > (2) The occupier or occupiers of the shop must be—\n> > \n> > > (a) natural persons not exceeding 2 in number (whether or not carrying on the business of the shop in partnership) or 1 corporation, and\n> > \n> > > (b) the owner or owners of the business of the shop and entitled to the profits of that business.\n> \n> > (3) The number of persons engaged in the shop as employees or otherwise in the conduct of the business of the shop on any day (either at the same time or at different times) is not to exceed 4.\n> \n> > (4) The number of persons permitted to be engaged in a small shop as referred to in subsection (3) does not include—\n> > \n> > > (a) the occupier or occupiers or, if the occupier is a corporation, not more than 2 natural persons who are shareholders of the corporation, or\n> > \n> > > (b) any person so engaged in an emergency during the absence from the shop for part of a day of a person who is so engaged in the shop on that day, or\n> > \n> > > (c) any person so engaged outside the normal working hours of any person so engaged on a full-time basis.\n> \n> > (5) An occupier of the shop must not be acting as the employee of or acting directly or indirectly as the agent of another person in the conduct of the business of the shop.\n> \n> > (6) A shop does not comply with the requirements of this section if a direct or indirect interest in the business of the shop is held by—\n> > \n> > > (a) a corporation that is engaged in a business of another shop or a hairdresser, or\n> > \n> > > (b) a director of a corporation that is engaged in a business of another shop or a hairdresser, or\n> > \n> > > (c) any other person who is engaged, as an employee or otherwise, in a business of another shop or a hairdresser, or\n> > \n> > > (d) any corporation (whether or not engaged in a business) that for the purposes of section 50 of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth is to be taken to be related to a corporation referred to in paragraph (a) or (b).\n> \n> > (7) A reference in any other Act, award or instrument to a small shop as defined in this Act is to be read as a reference to a shop that meets the requirements of this section.\n> \n> > (8) In this section—\n> > \n> > shareholder, in relation to a corporation, means a person having a relevant interest in a share in that corporation for the purposes of Part 6C.1 of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth.","sortOrder":13},{"sectionNumber":"8A","sectionType":"section","heading":"Shop not required to be closed on Boxing Day if staff freely elect to work","content":"#### 8A Shop not required to be closed on Boxing Day if staff freely elect to work\n\n8A Shop not required to be closed on Boxing Day if staff freely elect to work\n\n> > (1) A shop is not required to be kept closed on Boxing Day if the shop is staffed only by persons who have freely elected to work on that day.\n> \n> > (2) This section has effect despite any other provision of this Act and any other Act or law.\n> \n> **s 8A:** Ins 2015 No 55, Sch 1 \\[6\\].","sortOrder":14},{"sectionNumber":"8B","sectionType":"section","heading":null,"content":"#### 8B\n\n8B (Repealed)","sortOrder":15},{"sectionNumber":"9","sectionType":"section","heading":"Certain licensed premises exempt","content":"#### 9 Certain licensed premises exempt\n\n9 Certain licensed premises exempt\n\n> This Act does not apply to premises in respect of which a hotel licence or small bar licence is in force, by reason only of the sale or exposing or offering for sale, in or on those premises, of liquor as defined by the [Liquor Act 2007](/view/html/inforce/current/act-2007-090) or of meals or refreshments.\n> \n> **s 9:** Am 2013 No 5, Sch 2.2.","sortOrder":17},{"sectionNumber":"Division 2","sectionType":"division","heading":"Exemptions by Secretary","content":"## Division 2 Exemptions by Secretary\n\nDivision 2 Exemptions by Secretary","sortOrder":18},{"sectionNumber":"10","sectionType":"section","heading":"Secretary may exempt shops from trading restrictions","content":"#### 10 Secretary may exempt shops from trading restrictions\n\n10 Secretary may exempt shops from trading restrictions\n\n> > (1) The Secretary may by order, on application by the occupier of a shop, exempt the shop from a requirement under this Act to be kept closed.\n> \n> > (2) The Secretary must not grant an exemption for a shop unless the Secretary is satisfied that it is in the exceptional circumstances of the case in the public interest to do so, having regard to the following matters—\n> > \n> > > (a) the nature of the shop and the kinds of goods sold by the shop,\n> > \n> > > (b) the need for the shop to be kept open on the day or days concerned,\n> > \n> > > (c) the likely effect of the proposed exemption on the local economy, tourism and small businesses and other businesses in the area,\n> > \n> > > (d) the likely effect of the proposed exemption on employees of, or persons working in, the shop.\n> \n> > (3) An application for an exemption under this Division may not be made in respect of a shop that is not in existence when the application is made.\n> \n> > (4) An exemption may—\n> > \n> > > (a) apply in respect of one or more specified restricted trading days or all restricted trading days, or\n> > \n> > > (b) apply in respect of specified times on a restricted trading day.\n> \n> > (5) An exemption has effect for the period, not exceeding 3 years, specified by the Secretary in the order.\n> \n> > (6) The period of the exemption may not be extended by an amendment to the order.\n> \n> > (7) An exemption may be subject to conditions.\n> \n> **s 10:** Subst 2009 No 70, Sch 1 \\[3\\].","sortOrder":19},{"sectionNumber":"11","sectionType":"section","heading":"Applications for exemptions","content":"#### 11 Applications for exemptions\n\n11 Applications for exemptions\n\n> > (1) An application for an exemption by the Secretary is to be—\n> > \n> > > (a) made in the manner and the form approved by the Secretary, and\n> > \n> > > (b) made not later than 28 days before the first day for which the exemption is sought, and\n> > \n> > > (c) accompanied by the application fee, if any, prescribed by the regulations.\n> \n> > (2) An application may be made in respect of more than one shop.\n> \n> > (3) An applicant must, if required to do so, provide the Secretary with such additional information and documents in relation to an application as the Secretary may request.\n> \n> > (4) Before determining an application, the Secretary must—\n> > \n> > > (a) cause the application to be publicly exhibited for a period of at least 14 days, and\n> > \n> > > (b) seek public comment on the application during the public exhibition period, and\n> > \n> > > (c) have regard to any public comment received during that period.\n> \n> **s 11:** Subst 2009 No 70, Sch 1 \\[3\\]. Am 2020 No 25, Sch 4.1\\[1\\] \\[2\\].","sortOrder":20},{"sectionNumber":"11A","sectionType":"section","heading":"Publication of orders and reasons for decisions","content":"#### 11A Publication of orders and reasons for decisions\n\n11A Publication of orders and reasons for decisions\n\n> > (1) The Secretary must publish on the Departmental website an order granting an exemption and the reasons for any decision made by the Secretary to grant or not to grant an exemption.\n> \n> > (2) An order and reasons must be published as soon as practicable after the relevant decision is made.\n> \n> **ss 11A–11C:** Ins 2009 No 70, Sch 1 \\[3\\].","sortOrder":21},{"sectionNumber":"11B","sectionType":"section","heading":"Deemed refusal of application","content":"#### 11B Deemed refusal of application\n\n11B Deemed refusal of application\n\n> If the Secretary has not determined an application for an exemption before the end of the period of 40 days after the application was made to the Secretary (or such longer period as the Secretary determines with the consent in writing of the applicant), the Secretary is taken, for the purposes of section 12, to have made a decision to refuse to grant the exemption.\n> \n> **ss 11A–11C:** Ins 2009 No 70, Sch 1 \\[3\\].","sortOrder":22},{"sectionNumber":"11C","sectionType":"section","heading":"Application of Division to applications for amendment or revocation of exemption orders","content":"#### 11C Application of Division to applications for amendment or revocation of exemption orders\n\n11C Application of Division to applications for amendment or revocation of exemption orders\n\n> > (1) An occupier of a shop that is subject to an exemption under this Division may apply for the amendment or revocation of the exemption order.\n> \n> > (2) This Division applies to any such application in the same way as it applies to an application for an exemption.\n> \n> **ss 11A–11C:** Ins 2009 No 70, Sch 1 \\[3\\].","sortOrder":23},{"sectionNumber":"12","sectionType":"section","heading":"Administrative reviews by Civil and Administrative Tribunal","content":"#### 12 Administrative reviews by Civil and Administrative Tribunal\n\n12 Administrative reviews by Civil and Administrative Tribunal\n\n> > (1) Any person who has applied for an exemption and is aggrieved by any of the following decisions may apply to the Civil and Administrative Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of the decision—\n> > \n> > > (a) a determination of the Secretary to refuse to grant or to amend or revoke an exemption,\n> > \n> > > (b) a determination of the Secretary as to the conditions subject to which, or the period for which, an exemption is granted.\n> \n> > (2) Any other person who considers himself or herself to have a sufficient interest in an application for an exemption under this Division may apply to the Civil and Administrative Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of any such decision.\n> \n> > (3) The Civil and Administrative Tribunal is not required to conduct an administrative review of a decision on the application of a person referred to in subsection (2) if it is not satisfied that the person has a sufficient interest in the application for exemption.\n> \n> > (4) A representative of an industrial organisation of which persons employed or engaged in shops are entitled or eligible to become members may apply to the Civil and Administrative Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of any of the following decisions—\n> > \n> > > (a) a determination of the Secretary to grant or to amend an exemption,\n> > \n> > > (b) a determination of the Secretary as to the conditions subject to which, or the period for which, an exemption is granted.\n> \n> > (5) In this section—\n> > \n> > industrial organisation means—\n> > \n> > > (a) an industrial organisation of employees within the meaning of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017), or\n> > \n> > > (b) an association of employees registered as an organisation under the [Fair Work (Registered Organisations) Act 2009](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> **s 12:** Am 2009 No 70, Sch 1 \\[4\\] \\[5\\]; 2010 No 114, Sch 1 \\[9\\] \\[10\\]; 2013 No 95, Sch 2.132 \\[1\\] \\[2\\].","sortOrder":24},{"sectionNumber":"13","sectionType":"section","heading":"Staffing on restricted trading days","content":"#### 13 Staffing on restricted trading days\n\n13 Staffing on restricted trading days\n\n> > (1) Any exemption granted by the Secretary under this Part is subject to the condition that, on a restricted trading day, the exempted shop is staffed only by persons who have freely elected to work on that day.\n> \n> > (2) (Repealed)\n> \n> > (3) This section has effect despite any other law.\n> \n> **s 13:** Am 2010 No 114, Sch 1 \\[11\\]; 2015 No 55, Sch 1 \\[7\\] \\[8\\].","sortOrder":25},{"sectionNumber":"14","sectionType":"section","heading":"Offence—failure to comply with exemption condition","content":"#### 14 Offence—failure to comply with exemption condition\n\n14 Offence—failure to comply with exemption condition\n\n> An occupier of a shop must not fail to comply with a condition of an exemption imposed under this Division.\n> \n> Maximum penalty—50 penalty units.","sortOrder":26},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Bank trading days","content":"# Part 3A Bank trading days\n\nPart 3A Bank trading days\n\n**pt 3A:** Ins 2010 No 114, Sch 1 \\[12\\].","sortOrder":27},{"sectionNumber":"14A","sectionType":"section","heading":"Definitions","content":"#### 14A Definitions\n\n14A Definitions\n\n> > (1) In this Part—\n> > \n> > bank means an authorised deposit-taking institution (within the meaning of the [Banking Act 1959](http://www.legislation.gov.au/) of the Commonwealth) that is authorised under that Act to use in its name—\n> > \n> > > (a) the word “bank”, or\n> > \n> > > (b) any other word or expression (whether or not in English) that is of like import to the word “bank”.\n> > \n> > financial institution means a body (other than a bank) that is a body regulated by the Australian Prudential Regulation Authority pursuant to section 3 (2) (a)–(e) of the [Australian Prudential Regulation Authority Act 1998](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> > (2) The regulations can exclude an authorised deposit-taking institution from the definition of bank for the purposes of this Part.\n> \n> **s 14A:** Ins 2010 No 114, Sch 1 \\[12\\].","sortOrder":28},{"sectionNumber":"14B","sectionType":"section","heading":"Bank close days","content":"#### 14B Bank close days\n\n14B Bank close days\n\n> > (1) The following days are bank close days for the purposes of this Part—\n> > \n> > > (a) public holidays (within the meaning of the [Public Holidays Act 2010](/view/html/inforce/current/act-2010-115)),\n> > \n> > > (b) Good Friday, Easter Sunday, Anzac Day, Christmas Day and Boxing Day (whether or not they are public holidays in a particular year),\n> > \n> > > (c) Saturdays and Sundays,\n> > \n> > > (d) the first Monday in August (Bank Holiday).\n> \n> > (2) A day that is a public holiday only in a part of the State is a bank close day only for banks in that part of the State.\n> \n> > (3) Each bank close day is declared to be a bank holiday or bank half-holiday (as appropriate) for the purposes of the [Bills of Exchange Act 1909](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> **s 14B:** Ins 2010 No 114, Sch 1 \\[12\\].","sortOrder":29},{"sectionNumber":"14C","sectionType":"section","heading":"Banks not to be open for retail banking business on bank close days","content":"#### 14C Banks not to be open for retail banking business on bank close days\n\n14C Banks not to be open for retail banking business on bank close days\n\n> > (1) A bank must not be open for retail banking business on a bank close day.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (2) The retail banking business of a bank is banking business (within the meaning of the [Banking Act 1959](http://www.legislation.gov.au/) of the Commonwealth) that is conducted with customers in person at the bank or a branch of the bank.\n> \n> > (2A) A person commits an offence against this subsection if the person commits an offence under subsection (1) in circumstances of aggravation.\n> > \n> > Maximum penalty—100 penalty units for each person who did not freely elect to work on the bank close day.\n> \n> > (2B) In subsection (2A), circumstances of aggravation means circumstances in which the bank was staffed by any person who did not freely elect to work on the bank close day concerned.\n> \n> > (2C) If on the trial of a person charged with an offence against subsection (2A) the trier of fact is not satisfied that the offence is proven but is satisfied that the person has committed an offence against subsection (1), the trier of fact may acquit the person of the offence charged and find the person guilty of an offence against subsection (1), and the person is liable to punishment accordingly.\n> \n> > (3) This section does not prevent a bank (or one or more of its branches) from opening in accordance with an approval granted under this Part.\n> \n> > (4) A bank must not fail to comply with a condition of an approval granted under this Part.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> **s 14C:** Ins 2010 No 114, Sch 1 \\[12\\]. Am 2015 No 55, Sch 1 \\[9\\].","sortOrder":30},{"sectionNumber":"14CA","sectionType":"section","heading":"Banks may be open on certain bank close days if staff freely elect to work","content":"#### 14CA Banks may be open on certain bank close days if staff freely elect to work\n\n14CA Banks may be open on certain bank close days if staff freely elect to work\n\n> Despite section 14C, a bank may be open for retail banking business on Bank Holiday or a public holiday (other than a public holiday referred to in section 14E (1)), if the bank is staffed only by persons who have freely elected to work on that day.\n> \n> **s 14CA:** Ins 2015 No 55, Sch 1 \\[10\\].","sortOrder":31},{"sectionNumber":"14D","sectionType":"section","heading":"Extension of Bank Holiday to other financial institutions","content":"#### 14D Extension of Bank Holiday to other financial institutions\n\n14D Extension of Bank Holiday to other financial institutions\n\n> > (1) A financial institution must not be open for retail business on Bank Holiday.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (2) The retail business of a financial institution is business of the financial institution that is conducted with customers in person at the financial institution or a branch of the financial institution.\n> \n> > (3) This section does not prevent a financial institution (or one or more of its branches) from opening on Bank Holiday if—\n> > \n> > > (a) the financial institution (or the branch) is staffed only by persons who have freely elected to work on that day, or\n> > \n> > > (b) an industrial instrument provides for employees employed in the retail business of the financial institution to receive a substituted day off in lieu of Bank Holiday for working on Bank Holiday, or\n> > \n> > > (c) the financial institution has no more than 5 employees.\n> \n> > (4), (5) (Repealed)\n> \n> **s 14D:** Ins 2010 No 114, Sch 1 \\[12\\]. Am 2015 No 55, Sch 1 \\[11\\] \\[12\\].","sortOrder":32},{"sectionNumber":"14E","sectionType":"section","heading":"Restrictions on granting approval for banks to open","content":"#### 14E Restrictions on granting approval for banks to open\n\n14E Restrictions on granting approval for banks to open\n\n> > (1) Approval cannot be granted under this Part for a bank to open on Good Friday, on Easter Sunday, on Anzac Day or on Christmas Day.\n> \n> > (2) An approval for a bank to open on a Saturday or Sunday does not constitute approval for the bank to open on a day that is a bank close day for a reason other than being a Saturday or Sunday.\n> \n> **s 14E:** Ins 2015 No 55, Sch 1 \\[10\\]. Am 2015 No 55, Sch 1 \\[13\\]; 2024 No 55, Sch 1\\[3\\].","sortOrder":33},{"sectionNumber":"14F","sectionType":"section","heading":"Staffing on bank close days","content":"#### 14F Staffing on bank close days\n\n14F Staffing on bank close days\n\n> > (1) Any approval granted by the Secretary under this Part is subject to the condition that, on a bank close day, the bank authorised to open in accordance with the approval is staffed only by persons who have freely elected to work on that day.\n> \n> > (2) (Repealed)\n> \n> > (3) This section has effect despite any other law.\n> \n> > (4) The condition imposed by this section cannot be varied by the Secretary under this Part.\n> \n> **s 14F:** Ins 2010 No 114, Sch 1 \\[12\\]. Am 2015 No 55, Sch 1 \\[14\\] \\[15\\].","sortOrder":34},{"sectionNumber":"14G","sectionType":"section","heading":"Application for approval to open bank on bank close day","content":"#### 14G Application for approval to open bank on bank close day\n\n14G Application for approval to open bank on bank close day\n\n> > (1) A bank may apply to the Secretary for approval to open the bank, or one or more branches of the bank, on a bank close day.\n> \n> > (2) An application is to be in writing in a form determined by the Secretary and be accompanied by any fee prescribed by the regulations.\n> \n> > (3) The Secretary may require the applicant to provide such further information as the Secretary considers relevant to the determination of the application. The Secretary may refuse to grant the approval if the applicant fails to provide the further information required.\n> \n> > (4) The Secretary may consult with the banking industry, and prepare guidelines, about the type of information that may be required in connection with an application for approval under this Part.\n> \n> **ss 14G–14K:** Ins 2010 No 114, Sch 1 \\[12\\].","sortOrder":35},{"sectionNumber":"14H","sectionType":"section","heading":"Matters to be considered in determining application for approval","content":"#### 14H Matters to be considered in determining application for approval\n\n14H Matters to be considered in determining application for approval\n\n> > (1) In determining an application for an approval, the Secretary is to consider whether granting the approval would be in the interests of the public, taking into account the likely effect of granting the approval on particular sections of the public, including—\n> > \n> > > (a) customers of the bank concerned in any particular area (whether or not an area the subject of the application), and\n> > \n> > > (b) persons employed or engaged (whether or not by the bank) to perform services for the bank.\n> \n> > (2) This section does not limit the matters that the Secretary may consider in determining an application for approval.\n> \n> **ss 14G–14K:** Ins 2010 No 114, Sch 1 \\[12\\].","sortOrder":36},{"sectionNumber":"14I","sectionType":"section","heading":"Determination of application","content":"#### 14I Determination of application\n\n14I Determination of application\n\n> > (1) If the Secretary grants an approval, the Secretary must issue the applicant with a written approval that sets out any conditions to which the approval is subject. An approval may be granted unconditionally or subject to conditions.\n> \n> > (2) If the Secretary refuses to grant an approval, the Secretary must give notice of the refusal in writing to the applicant setting out the reasons for the refusal.\n> \n> > (3) If the Secretary has not determined an application for approval within 40 days after the application was made to the Secretary (or such longer period as the Secretary determines with the consent in writing of the applicant), the Secretary is taken to have made a decision to refuse to grant the approval.\n> \n> **ss 14G–14K:** Ins 2010 No 114, Sch 1 \\[12\\].","sortOrder":37},{"sectionNumber":"14J","sectionType":"section","heading":"Duration of approval","content":"#### 14J Duration of approval\n\n14J Duration of approval\n\n> Except during any period of suspension, an approval under this Part remains in force for the period specified in the approval (unless sooner cancelled) or, if no period is so specified, until the approval is cancelled.\n> \n> **ss 14G–14K:** Ins 2010 No 114, Sch 1 \\[12\\].","sortOrder":38},{"sectionNumber":"14K","sectionType":"section","heading":"Variation, suspension or cancellation of approval","content":"#### 14K Variation, suspension or cancellation of approval\n\n14K Variation, suspension or cancellation of approval\n\n> > (1) The Secretary may vary the conditions of, or suspend or cancel, an approval under this Part as provided by this section.\n> \n> > (2) The Secretary may suspend or cancel an approval only if—\n> > \n> > > (a) the bank that holds the approval has contravened a condition of the approval, or\n> > \n> > > (b) the Secretary considers that it is no longer in the interests of the public for the approval to remain in force, or\n> > \n> > > (c) the bank has requested the suspension or cancellation.\n> \n> > (3) The Secretary may vary the conditions of, or suspend or cancel, an approval only if the Secretary has—\n> > \n> > > (a) given the bank concerned written reasons for the Secretary’s intention to vary the conditions of, or suspend or cancel, the approval and an opportunity to make submissions, and\n> > \n> > > (b) considered any submissions duly made by the bank within a period required by the Secretary.\n> \n> > (4) Subsection (3) does not apply to a variation of a condition of, or the suspension or cancellation of, an approval at the request of the bank that holds the approval.\n> \n> > (5) A variation of the conditions of, or a suspension or cancellation of, an approval—\n> > \n> > > (a) must be made by notice in writing served on the bank that holds the approval, and\n> > \n> > > (b) takes effect when the notice is served or at a later time specified in the notice.\n> \n> > (6) Before determining to take action under this section in relation to an approval, the Secretary may (but need not) determine that the approval will be subject to a period of review. The Secretary is to give written notice of such a determination to the bank concerned and is to include in the notice written reasons for the determination.\n> \n> **ss 14G–14K:** Ins 2010 No 114, Sch 1 \\[12\\].","sortOrder":39},{"sectionNumber":"14L","sectionType":"section","heading":"Administrative reviews of decisions by Civil and Administrative Tribunal","content":"#### 14L Administrative reviews of decisions by Civil and Administrative Tribunal\n\n14L Administrative reviews of decisions by Civil and Administrative Tribunal\n\n> > (1) A bank that is the applicant for or the holder of an approval under this Part may apply to the Civil and Administrative Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of any of the following decisions under this Part—\n> > \n> > > (a) a decision of the Secretary to refuse to grant the approval,\n> > \n> > > (b) a decision of the Secretary to impose conditions on the approval,\n> > \n> > > (c) a decision of the Secretary to vary the conditions of the approval,\n> > \n> > > (d) a decision of the Secretary to suspend or cancel the approval.\n> \n> > (2) A representative of an industrial organisation of which persons employed or engaged to perform services for a bank are entitled or eligible to belong may apply to the Civil and Administrative Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of any of the following decisions under this Part—\n> > \n> > > (a) a decision of the Secretary to grant an approval under this Part to the bank (whether with or without conditions),\n> > \n> > > (b) a decision of the Secretary to vary the conditions of an approval granted to the bank under this Part.\n> \n> > (3) In this section—\n> > \n> > industrial organisation means—\n> > \n> > > (a) an industrial organisation of employees within the meaning of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017), or\n> > \n> > > (b) an association of employees registered as an organisation under the [Fair Work (Registered Organisations) Act 2009](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> **s 14L:** Ins 2010 No 114, Sch 1 \\[12\\]. Am 2013 No 95, Sch 2.132 \\[3\\].","sortOrder":40},{"sectionNumber":"Part 4","sectionType":"part","heading":"Enforcement","content":"# Part 4 Enforcement\n\nPart 4 Enforcement","sortOrder":41},{"sectionNumber":"15","sectionType":"section","heading":"Powers of inspectors","content":"#### 15 Powers of inspectors\n\n15 Powers of inspectors\n\n> > (1) This Act is taken to be industrial relations legislation for the purposes of Part 4 of Chapter 7 of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017).\n> > \n> > Note—\n> > \n> > The effect of this provision is to confer on inspectors powers under that Part to inspect premises and require the production of records. It is an offence to hinder or obstruct, or fail to comply with a requirement by, an inspector under that Part.\n> \n> > (2) An inspector may, for the purpose of investigating a possible contravention of this Act or the regulations, require an occupier of a shop to produce for the inspector’s examination, at such time and place as the inspector may specify, specified records indicating hours worked by employees in the shop, business receipts and other information concerning the operation of the shop at particular times.\n> \n> > (2A) An inspector may, for the purpose of investigating a possible contravention of this Act or the regulations, require a bank or a financial institution within the meaning of Part 3A to produce for the inspector’s examination, at such time and place as the inspector may specify, specified records indicating hours worked by employees in the bank or financial institution, business receipts and other information concerning the operation of the bank or financial institution at particular times.\n> \n> > (3) A requirement duly made under this section by an inspector is taken to be a requirement made under Part 4 of Chapter 7 of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017).\n> \n> **s 15:** Am 2009 No 70, Sch 1 \\[6\\]; 2010 No 114, Sch 1 \\[13\\].","sortOrder":42},{"sectionNumber":"16","sectionType":"section","heading":"Nature of proceedings for offences","content":"#### 16 Nature of proceedings for offences\n\n16 Nature of proceedings for offences\n\n> > (1) Proceedings for an offence under this Act or the regulations may be dealt with—\n> > \n> > > (a) summarily before a Local Court, or\n> > \n> > > (b) summarily before the Supreme Court in its summary jurisdiction.\n> \n> > (2) If proceedings are brought in a Local Court, the maximum monetary penalty that the Local Court may impose for the offence is 100 penalty units, despite any higher maximum monetary penalty provided in respect of the offence.\n> \n> **s 16:** Subst 2015 No 55, Sch 1 \\[16\\].","sortOrder":43},{"sectionNumber":"17","sectionType":"section","heading":"Authority to prosecute","content":"#### 17 Authority to prosecute\n\n17 Authority to prosecute\n\n> > (1) Proceedings for an offence against this Act or the regulations may be instituted only—\n> > \n> > > (a) by the Minister or by a person with the written consent of the Minister, or\n> > \n> > > (b) by an inspector, or\n> > \n> > > (c) by a person, or a person of a class, prescribed by the regulations.\n> \n> > (2) In any such proceedings, a consent to institute the proceedings, purporting to have been signed by a person authorised to give a consent under this section is evidence of that consent without proof of the signature or authority of the person.\n> \n> > (3) Any such proceedings instituted by a member of staff of a Division of the Government Service may be prosecuted on his or her behalf by any member of staff of that Division.","sortOrder":44},{"sectionNumber":"18","sectionType":"section","heading":"Evidence that shop is not closed","content":"#### 18 Evidence that shop is not closed\n\n18 Evidence that shop is not closed\n\n> In any proceedings for an offence against this Act, a shop is taken not to have been closed at a time at which it is proved that—\n> \n> > (a) goods were sold or offered or exposed for sale at the shop, or\n> \n> > (b) goods were available for inspection by persons within the shop, or\n> \n> > (c) goods that had previously been sold or ordered were delivered or were available for delivery at the shop to the person who bought or ordered them or to some other person on behalf of that person, or\n> \n> > (d) orders for goods were received by a person in attendance at the shop, or\n> \n> > (e) goods were received, or unpacked or otherwise prepared, at the shop for sale at the shop, or\n> \n> > (f) stocktaking was carried out at the shop in respect of goods offered or exposed for sale at the shop.\n> \n> **s 18:** Am 2010 No 114, Sch 1 \\[14\\].","sortOrder":45},{"sectionNumber":"19","sectionType":"section","heading":"Evidence as to exemptions","content":"#### 19 Evidence as to exemptions\n\n19 Evidence as to exemptions\n\n> > (1) In any proceedings for an offence against this Act, a certificate signed by the Secretary and that certifies that, on a specified date or during a specified period—\n> > \n> > > (a) a shop was or was not exempted from a specified requirement under this Act, or\n> > \n> > > (b) that a specified exemption under this Act was or was not subject to a specified condition,\n> > \n> > is admissible and is evidence of the matters so certified.\n> \n> > (2) In any proceedings for an offence against this Act, a certificate signed by the Secretary and that certifies that, on a specified date or during a specified period—\n> > \n> > > (a) a bank or a financial institution under Part 3A was or was not the holder of an approval under Part 3A, or\n> > \n> > > (b) a specified approval under Part 3A was or was not subject to a specified condition,\n> > \n> > is admissible and is evidence of the matters so certified.\n> \n> **s 19:** Am 2010 No 114, Sch 1 \\[15\\].","sortOrder":46},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous\n\nPart 5 Miscellaneous","sortOrder":47},{"sectionNumber":"20","sectionType":"section","heading":"Delegation","content":"#### 20 Delegation\n\n20 Delegation\n\n> The Secretary may delegate the exercise of any function of the Secretary under this Act (other than this power of delegation) to—\n> \n> > (a) any member of staff of the Department of Customer Service, or\n> \n> > (b) any person, or any class of persons, authorised for the purposes of this section by the regulations.\n> \n> **s 20:** Am 2009 No 70, Sch 1 \\[7\\]; 2017 No 63, Sch 4.41 \\[1\\]; 2022 No 59, Sch 3.62.","sortOrder":48},{"sectionNumber":"21","sectionType":"section","heading":"Service of documents","content":"#### 21 Service of documents\n\n21 Service of documents\n\n> > (1) A document that is authorised or required by this Act or the regulations to be served on any person may be served by—\n> > \n> > > (a) in the case of a natural person—\n> > > \n> > > > (i) delivering it to the person personally, or\n> > > \n> > > > (ii) sending it by post to the address specified by the person for the giving or service of documents or, if no such address is specified, the residential or business address of the person last known to the person giving or serving the document, or\n> > > \n> > > > (iii) sending it to an email address specified by the person for the service of documents of that kind, or\n> > > \n> > > > (iv) any other method authorised by the regulations for the service of documents of that kind, or\n> > \n> > > (b) in the case of a body corporate—\n> > > \n> > > > (i) leaving it with a person apparently of or above the age of 16 years at, or by sending it by post to, the head office, a registered office or a principal office of the body corporate or to an address specified by the body corporate for the giving or service of documents, or\n> > > \n> > > > (ii) sending it to an email address specified by the body corporate for the service of documents of that kind, or\n> > > \n> > > > (iii) any other method authorised by the regulations for the service of documents of that kind.\n> \n> > (2) Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be served on a person in any other manner.\n> \n> **s 21:** Am 2017 No 25, Sch 1.31 \\[1\\] \\[2\\].","sortOrder":49},{"sectionNumber":"22","sectionType":"section","heading":"Regulations","content":"#### 22 Regulations\n\n22 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) Without limiting subsection (1), regulations may be made for or with respect to the publication or advertising of applications for exemptions under this Act or of information relating to any such applications or exemptions.\n> \n> > (3) The regulations may create offences punishable by a penalty not exceeding 50 penalty units.","sortOrder":50},{"sectionNumber":"22A","sectionType":"section","heading":"Provisions relating to shops in leased premises","content":"#### 22A Provisions relating to shops in leased premises\n\n22A Provisions relating to shops in leased premises\n\n> > (1) A provision of a lease is void to the extent that it requires the occupier of a shop to keep the shop open at any time on a restricted trading day.\n> \n> > (2) This section has effect whether or not the shop is the subject of an exemption under this Act.\n> \n> > (3) In this section—\n> > \n> > lease includes an agreement or arrangement between the occupier of a shop and the owner of the premises in which the shop is located or, if the occupier is a sub-lessee of those premises, between the occupier and the lessee of those premises.\n> \n> > (4) An owner or lessor of premises, or a person acting for an owner or lessor of premises, must not require an occupier of a shop located in the premises that is the subject of a lease to keep the shop open at any time on a restricted trading day.\n> > \n> > Maximum penalty—200 penalty units.\n> \n> **s 22A:** Ins 2009 No 70, Sch 1 \\[8\\]. Am 2015 No 55, Sch 1 \\[17\\].","sortOrder":51},{"sectionNumber":"22B","sectionType":"section","heading":"Compensation not payable","content":"#### 22B Compensation not payable\n\n22B Compensation not payable\n\n> > (1) Compensation is not payable by or on behalf of the State arising directly or indirectly from any of the following matters occurring before or after the commencement of this section—\n> > \n> > > (a) the enactment or operation of this Act or the [Shop Trading Amendment Act 2010](/view/html/repealed/current/act-2010-114),\n> > \n> > > (b) the exercise by any person of a function under Part 2 or 3 of this Act or a failure to exercise any such function,\n> > \n> > > (c) any statement or conduct relating to the regulation of shop opening hours or restricted trading days.\n> \n> > (2) In this section—\n> > \n> > compensation includes damages or any other form of monetary compensation.\n> > \n> > conduct includes any act or omission, whether unconscionable, misleading, deceptive or otherwise.\n> > \n> > statement includes a representation of any kind—\n> > \n> > > (a) whether made verbally or in writing, and\n> > \n> > > (b) whether negligent, false or misleading or otherwise.\n> > \n> > the State means the Crown within the meaning of the [Crown Proceedings Act 1988](/view/html/inforce/current/act-1988-070), and includes an officer, employee or agent of the Crown and an inspector.\n> > \n> > this Act includes the regulations and any order made under this Act.\n> \n> **s 22B:** Ins 2010 No 114, Sch 1 \\[16\\].","sortOrder":52},{"sectionNumber":"23","sectionType":"section","heading":"Savings, transitional and other provisions","content":"#### 23 Savings, transitional and other provisions\n\n23 Savings, transitional and other provisions\n\n> Schedule 2 has effect.","sortOrder":53},{"sectionNumber":"24","sectionType":"section","heading":null,"content":"#### 24\n\n24–27 (Repealed)","sortOrder":54},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Exempt shops","content":"# Schedule 1 Exempt shops\n\nSchedule 1 Exempt shops\n\n(Section 7)\n\nBazaars, fairs or markets if the bazaars, fairs or markets are conducted for charitable or public fundraising purposes\n\nBook shops\n\nCake and pastry shops\n\nChemists shops\n\nCooked provision shops\n\nFlorists shops\n\nFruit and vegetable shops\n\nNewsagencies\n\nNurseries\n\nPet shops\n\nRecorded music, video or DVD shops\n\nRestaurants, cafes or kiosks\n\nSeafood shops\n\nShops ancillary to venues for playing sport or physical recreation\n\nSouvenir shops\n\nTake-away food and drink shops\n\nTobacconists shops\n\nVehicle shops, vehicle service centres or petrol stations\n\n**sch 1:** Am 2011 No 27, Sch 2.46.","sortOrder":56},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 2 Savings, transitional and other provisions\n\nSchedule 2 Savings, transitional and other provisions\n\n(Section 23)\n\n**sch 2:** Am 2009 No 70, Sch 1 \\[9\\]–\\[11\\]; 2010 No 114, Sch 1 \\[17\\] \\[18\\]; 2017 No 45, sec 3 (3); 2020 No 25, Sch 4.1\\[3\\]; 2024 No 55, Sch 1\\[4\\].","sortOrder":57},{"sectionNumber":"Part 6","sectionType":"part","heading":"Provision consequent on Retail Trading Amendment (Anzac Day Trading Hours) Act 2024","content":"# Part 6 Provision consequent on Retail Trading Amendment (Anzac Day Trading Hours) Act 2024\n\nPart 6 Provision consequent on [Retail Trading Amendment (Anzac Day Trading Hours) Act 2024](/view/pdf/asmade/act-2024-55)","sortOrder":74},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":null,"content":"# Schedule 3\n\nSchedules 3, 4 (Repealed)\n\n**sch 3:** Rep 2008 No 114, Sch 4. Ins 2015 No 55, Sch 1 \\[19\\]. Rep 2017 No 45, sec 3 (2).\n\n**sch 4:** Ins 2015 No 55, Sch 1 \\[19\\]. Rep 2017 No 45, sec 3 (2).","sortOrder":76}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The current text shows that the Act's scope has been altered since enactment through subsequent insertions and amendments.  Notable scope changes in the source include: the insertion of a bank/financial-institution-specific regime (Part 3A inserted 2010 — see s 14A–14L), the formal definition and protection of \"freely elected to work\" (s 3A inserted 2015) which conditions exemptions and approvals (s 7(2), s 13, s 14F), and procedural additions such as public exhibition and publication requirements for exemption applications and decisions (s 11, s 11A inserted 2009).  The source also shows amendments affecting small-shop rules (s 8), specific exemptions (Sch 1 amendments), and transitional savings that carry prior exemptions or approvals forward (Schedule 2, Parts 2–6).  These recorded amendments expand and reallocate regulatory rules (for example by creating a separate bank approvals pathway and by strengthening worker-consent conditions), and therefore change the operational scope of who may trade and under what administrative process compared with the Act as originally enacted."},"complexity_factors":["Multiple categories of exemptions (automatic list in Schedule 1, small-shop criteria in s 8, and case-by-case Secretary exemptions in s 10) creating layered eligibility tests","Significant Secretary discretion in granting, conditioning, varying and cancelling exemptions/approvals, combined with procedural duties (public exhibition s 11, publication s 11A) (s 10–11, s 14I, s 14K)","Separate, detailed regime for banks and financial institutions (Part 3A, s 14A–14L) with its own definitions and approval process","Worker-protection condition tied to the statutory test of \"freely elected to work\" (s 3A) which creates evidentiary and compliance issues for occupiers and approvers","Cross-references to multiple external Acts (Industrial Relations Act 1996, Banking Act 1959, Public Holidays Act 2010, Liquor Act 2007, Corporations Act 2001, etc.) requiring read-across to interpret obligations (see s 3, s 14A, s 6A, s 19)","Enforcement architecture with inspector powers to compel records (s 15), prosecutorial restrictions (s 17), and tribunal review rights (s 12, s 14L)","Prescriptive sanctions (penalty units) across several sections and a statutory bar on State compensation (s 22B) affecting remedies and risk allocation","Delegation and regulation-making powers (s 20, s 22) that move detail outside the Act into administrative practice and subordinate instruments","Transitional and savings provisions (Schedule 2 and Parts of Schedule) that preserve or convert prior exemptions/approvals and complicate change management"],"plain_english_summary":"What this law does (mechanically)\n\n- Requires shops (defined as premises used wholly or predominantly for retail sale of goods) to be closed on specified restricted trading days: Good Friday, Easter Sunday, Anzac Day, Christmas Day and Boxing Day (see s 3, s 4).  Occupiers who keep a shop open in breach of the rule commit an offence (s 5).  There are specified defences and aggravated-offence rules where staff did not \"freely elect to work\" (s 3A, s 5(2)–(4)).\n\n- Lists categories of businesses that are automatically exempt from the closure requirement if their predominant business is one of the kinds in Schedule 1 (for example, chemist shops, newsagencies, take-away food shops) and subject to a staffing condition that staff must have freely elected to work on the restricted trading day (s 7, Sch 1, s 13).\n\n- Provides a formal exemption process: occupiers can apply to the Secretary for an exemption for particular restricted trading day(s) or times (s 10).  The Secretary may grant an exemption only in \"exceptional circumstances\" and must have regard to listed matters (s 10(2)).  Applications must be made in the approved form, usually at least 28 days before the first day sought, may attract an application fee, are publicly exhibited for comment for at least 14 days, and the Secretary must publish any order and the reasons on the Departmental website (s 11, s 11A).  The Secretary has express powers to attach conditions and set a maximum duration of 3 years for an exemption (s 10(4)–(6), s 11A).\n\n- Creates a separate regime for banks and other financial institutions (Part 3A).  It defines \"bank\" and \"financial institution\" for the Part (s 14A), declares bank close days (including Saturdays, Sundays, public holidays and the first Monday in August) (s 14B), prohibits banks from being open for retail banking business on bank close days subject to limited exceptions and approval processes (s 14C–14K).  Approvals are issued by the Secretary and can be conditional, varied, suspended or cancelled; approvals and related decisions are reviewable by the Civil and Administrative Tribunal (s 14I, s 14K, s 14L).\n\n- Prohibits publishing an express or implied statement that a shop will be open during a time when it is required to be closed (advertising prohibition, s 6).\n\n- Gives enforcement powers to inspectors (including powers to require production of records showing hours worked and business receipts) (s 15), creates offences with stated maximum penalties (s 5, s 6, s 14, s 14C, s 22A), and sets rules about how proceedings are to be conducted and who may prosecute (s 16–17).  Certificates signed by the Secretary are admissible evidence on questions of exemption or approval (s 19).\n\n- Makes void any lease provision that requires an occupier to keep a shop open on a restricted trading day and creates a separate offence preventing owners/lessors (or their agents) from requiring an occupier to open on a restricted trading day (s 22A).\n\n- Includes a clause that compensation (including damages) is not payable by or on behalf of the State in connection with the enactment or operation of the Act or statements or conduct relating to regulation of shop hours (s 22B).\n\nWho is affected\n\n- Occupiers of shops (including natural persons, corporations that occupy premises and persons who manage or appear to manage shop businesses) — they must keep shops closed on restricted trading days unless an exemption applies (s 3, s 4, s 5).\n- Employees and other persons who work in shops — the law conditions exemptions and approvals on staffing being limited to persons who \"freely elected to work\" on the relevant day (s 3A, s 7(2), s 13, s 14F).\n- Banks and other financial institutions — subject to the bank close day rules and the approval regime in Part 3A (s 14A–14K).\n- Owners or lessors of premises — restricted from imposing lease terms that require opening on restricted trading days (s 22A(1)–(4)).\n- The Secretary of the Department of Customer Service — has extensive discretion to grant, condition, publish, vary, suspend or cancel exemptions and approvals and to require public exhibition of applications (s 10–11, s 11A, s 14I, s 14K).\n- Inspectors and prosecuting authorities — inspectors have record-production powers and specified people (Minister, inspectors or persons prescribed by regulation) are authorised to institute proceedings (s 15, s 17).\n\nWhy it matters (claimed objectives and concrete trade-offs)\n\n- The statute functions to set uniform minimum shop-closing rules on designated days and to make exceptions administratively controlled.  The text sets out the Secretary's criteria for exceptional exemptions (s 10(2)) and requires public exhibition of exemption applications (s 11(4)).  Those procedures create administrative checks (publication, reasons, tribunal review rights) but also give the Secretary significant decision-making discretion (s 10, s 11A, s 12).\n\n- The Act formally protects worker choice over whether to work on restricted days by (a) excluding rostered or instrument-required attendance from counting as a free election (s 3A), and (b) making many exemptions conditional on staffing only by persons who freely elected to work (s 7(2), s 13, s 14F).  Mechanically, this shifts the compliance burden onto occupiers/applicants to ensure and, if necessary, evidence that staff freely elected to work; failure to meet conditions is an offence (s 14, s 14C(4)).\n\n- The administrative route for trading on restricted days is focused on concentrated, identifiable applicants (individual shops or banks) seeking individual exemptions or approvals (s 10, s 14G).  That concentrates potential benefits (permission to trade) on successful applicants while imposing compliance costs on applicants (application forms, fees, time limits, public exhibition and possible conditions) and on the Secretary (publication and decision-making duties) (s 11, s 11A, s 10(5)).\n\n- The law creates explicit obligations on record-keeping and inspection: inspectors can require records of hours worked and receipts to investigate possible contraventions (s 15).  That increases compliance and administrative costs for occupiers and banks (s 15(2)–(2A)).\n\n- The lease rule (s 22A) changes the private-contract landscape by making any lease term that requires opening on restricted trading days void and by penalising owners/lessors who require occupiers to open (s 22A(1), (4)).  This reassigns a contractual risk away from occupiers and toward owners/lessors (subject to the penalties stated).\n\n- The Act limits the State's compensation exposure in relation to the Act's enactment or operation (s 22B), which narrows potential costs to the State but also removes a statutory avenue for monetary remedy in some circumstances.\n\nKey practical mechanics that create incentives and costs\n\n- Secretary discretion and publication: applicants must supply information; applications are publicly exhibited and reasons for decisions are published (s 10, s 11, s 11A).  This creates transparency but also a timeline and information burden for applicants.\n\n- Staffing-condition enforcement: exemptions and approvals are routinely conditioned on staff who \"freely elected to work\" (s 7(2), s 13, s 14F).  Occupational compliance therefore requires record-keeping or other evidence that staff volunteered, with penalties for non-compliance (s 14).\n\n- Penalties and prosecutorial controls: offences carry specified maximum penalty units (for example, s 5 maximum 100 penalty units; s 6 maximum 50 penalty units; s 22A maximum 200 penalty units).  Proceedings may be instituted only by the Minister, an inspector, or prescribed persons (s 17), concentrating enforcement authority.\n\n- Bank-specific regime: the Act treats banks and many financial institutions separately, declaring \"bank close days\", prohibiting retail banking on those days, but allowing approvals in limited circumstances and subject to conditions and tribunal review (s 14A–14L).  That creates a distinct consenting pathway for banks different from general shop exemptions.\n\nLimitations of what the law controls (as drafted)\n\n- The Act regulates shops as physical premises (definition of \"shop\" in s 3).  The text does not create explicit rules for businesses that do not operate from such premises (the Act's coverage is defined by the statutory definition of shop).\n\n- The Governor may make regulations to deal with matters necessary to give effect to the Act, including offences up to 50 penalty units and details of publication or advertising of exemption applications (s 22).  Much of operational detail is therefore delegated to regulation.\n\nCitations: relevant provisions cited in the text above are s 3 (definitions), s 3A (freely elected to work), s 4–6 (restricted trading day rules and advertising), Part 3 (s 7–14) (exemptions and small-shop rules), Sch 1 (exempt shop kinds), Part 3A (s 14A–14L) (banks/financial institutions), s 10–11 (exemption application process), s 11A–11C (publication and deemed refusal), s 12 and s 14L (tribunal review), s 13 and s 14 (conditions and offences), s 15 (inspectors' powers), s 16–19 (proceedings and evidence), s 20 (delegation), s 21 (service), s 22 (regulations), s 22A (lease provisions), s 22B (no compensation)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original scope. The 2008 Act originally focused solely on shop trading hours. The 2010 amendments (Shop Trading Amendment Act 2010) added an entirely new Part 3A regulating bank trading days, effectively absorbing the repealed Banks and Bank Holidays Act 1912. The 2015 amendments introduced the 'freely elected to work' concept and the Boxing Day exemption, creating a hybrid voluntary-work model that wasn't in the original Act. The 2024 amendments specifically targeted Anzac Day trading. The Act has evolved from a simple 'closed days' framework into a complex system balancing mandatory closure, voluntary work arrangements, and economic exemptions across two distinct industries (retail and banking)."},"complexity_factors":["Multiple overlapping exemption schemes: automatic exemptions (Schedule 1), small shop exemption (section 8), Boxing Day special rule (section 8A), and Secretary's discretionary exemptions (Part 3)","Nested definitions: 'freely elected to work' (section 3A) is a negative definition with two limbs, and is cross-referenced throughout Parts 2, 3, and 3A","Dual regulatory regimes: separate but parallel schemes for shops (Part 2) and banks/financial institutions (Part 3A), with different restricted days and exemption processes","Complex small shop criteria in section 8: ownership structures, employee caps (4 people), exclusions for emergency cover and after-hours work, and anti-avoidance provisions preventing related corporations from qualifying","Aggravated offences with alternative verdict provisions: sections 5(3)-(5) and 14C(2A)-(2C) create layered offences where the trier of fact can fall back to a lesser charge","Extensive transitional provisions in Schedule 2 preserving old exemptions from repealed legislation (Shops and Industries Act 1962, Banks and Bank Holidays Act 1912) with varying sunset clauses","Interaction with other statutes: Industrial Relations Act 1996 (inspector powers), Corporations Act 2001 (shareholder definition), Banking Act 1959 (ADI definition), Liquor Act 2007, and Administrative Decisions Review Act 1997","Conditional staffing requirements: exemptions for shops and approvals for banks are subject to mandatory conditions about voluntary staffing that 'have effect despite any other law' (sections 7(2), 13, 14F)"],"plain_english_summary":"**What this law does:**\n\nThis is the **Retail Trading Act 2008** (formerly the Shop Trading Act), a New South Wales law that controls when shops and banks can open, particularly on public holidays and religious days.\n\n**Key rules for shops:**\n- **Shops must close** on five \"restricted trading days\": Good Friday, Easter Sunday, Anzac Day, Christmas Day, and Boxing Day\n- **Breaking this rule** can cost up to 100 penalty units (roughly $11,000), with extra penalties if staff were forced to work against their will\n- **Some shops are automatically exempt**, including: chemists, newsagencies, petrol stations, restaurants, florists, pet shops, and small shops run by 1-2 owners with no more than 4 staff\n- **Boxing Day exemption**: Shops can open on Boxing Day if every single staff member has **freely chosen** to work (not just been rostered on)\n- **The Secretary** (head of the Department of Customer Service) can grant special exemptions for individual shops, but must consider public interest, local economy, and worker impact\n\n**Key rules for banks:**\n- Banks must close on \"bank close days\" — this includes all public holidays, weekends, Good Friday, Easter Sunday, Anzac Day, Christmas Day, Boxing Day, and the first Monday in August (Bank Holiday)\n- Banks can apply for approval to open on some of these days, but **never** on Good Friday, Easter Sunday, Anzac Day, or Christmas Day\n- Banks can open on Bank Holiday or other public holidays if all staff freely elect to work\n\n**Worker protections:**\n- A worker has **not** \"freely elected to work\" just because they're on the roster or their contract says they must work\n- \"Freely elected\" means no coercion, harassment, threats, or intimidation from the boss\n- This applies to both shops and banks\n\n**Who it affects:**\n- Shop owners and managers in NSW\n- Bank managers and staff\n- Workers in retail and banking (protecting their right to refuse work on holidays)\n- Industrial unions (who can challenge exemption decisions)\n\n**Why it matters:**\nThis law tries to balance three things: (1) giving workers guaranteed time off on important holidays, (2) allowing essential services (like chemists and petrol stations) to stay open, and (3) letting businesses trade on some holidays if workers genuinely want to work. It prevents bosses from forcing staff to work on days meant for rest, remembrance, or family time."},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act was originally named the 'Shop Trading Act 2008', suggesting a narrower focus on shops specifically. The rename to 'Retail Trading Act 2008' signals a broadening of scope to encompass retail trading more generally — potentially capturing a wider range of businesses and trading arrangements beyond traditional bricks-and-mortar shops. The numerous amendments over 16 years also suggest the scope and detail of the Act has evolved considerably from its original form."},"complexity_factors":["Multiple amendments over 16+ years create layered historical complexity — knowing which version applies at any given time requires careful checking","Different categories of shops and businesses are likely subject to different rules (exemptions, classifications), which adds navigational difficulty","The law interacts with other legislation such as industrial relations awards and public holiday laws","Restricted trading periods (Easter, Christmas, Anzac Day) involve specific rules that differ from general trading hour rules","Administrative restructuring (Director-General to Secretary) across the whole Act adds a layer of historical interpretation when reading older versions","Only metadata was provided — the full substantive provisions were not visible, limiting definitive complexity assessment"],"plain_english_summary":"## Retail Trading Act 2008 (NSW)\n\n**What is this?**\nThis is a NSW law that governs when and how retail shops are allowed to trade. Originally called the *Shop Trading Act 2008*, it was renamed the *Retail Trading Act 2008* and sits under the responsibility of the Minister for Industrial Relations.\n\n**Who does it affect?**\n- **Retailers and shop owners** across NSW — it sets the rules about trading hours, including on public holidays and Sundays.\n- **Workers in retail** — trading hour rules directly affect when staff are required to work.\n- **Consumers** — it affects when you can legally go shopping.\n\n**Why does it matter?**\nRetail trading hours in NSW are not a free-for-all. This law determines which shops can open, when, and under what conditions — particularly around restricted trading periods like Easter, Christmas, and Anzac Day. Some shops (like small convenience stores or certain exempt businesses) have more flexibility than others.\n\n**What do we know from this document?**\nUnfortunately, the full text of the Act's provisions was not included in what was provided — only the metadata and version history are visible here. What we *can* see is that:\n- The Act has been **amended many times** since 2008 (16+ versions), suggesting the rules have evolved significantly over time.\n- The most recent update was **20 August 2024**.\n- A key 2017 amendment replaced references to the 'Director-General' with 'Secretary' — an administrative restructure (machinery of government change) with no practical impact on everyday retail operations.\n\n**Bottom line:** If you run a shop in NSW, or you work in retail, this law controls your trading hours — especially on public holidays. Check the current version to see exactly what applies to your type of business."}},"importantCases":[],"_links":{"self":"/api/acts/retail-trading-act-2008","history":"/api/acts/retail-trading-act-2008/history","analysis":"/api/acts/retail-trading-act-2008/analysis","conflicts":"/api/acts/retail-trading-act-2008/conflicts","importantCases":"/api/acts/retail-trading-act-2008/important-cases","documents":"/api/acts/retail-trading-act-2008/documents"}}