{"id":"retail-trading-hours-regulations-1988","name":"Retail Trading Hours Regulations 1988","slug":"retail-trading-hours-regulations-1988","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181865,"registerId":"wa-retail-trading-hours-regulations-1988-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Retail Trading Hours Regulations 1988","content":"![Crest]()Western Australia\n\nRetail Trading Hours Act 1987\n\nRetail Trading Hours Regulations 1988\n\nWestern Australia\n\nRetail Trading Hours Regulations 1988\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Interpretation 1\n\n4. Metropolitan area 1\n\n6. Application for small retail shop certificate 2\n\n7. Special retail shops — categories, goods and services 2\n\n8. Certificate for special retail shop 7\n\n9. Change in ownership, directorship or nature of business 7\n\n10. Display of certificate 7\n\n11. Goods for sale at filling station 7\n\n12. Prescribed service 9\n\nSchedule\n\nNotes\n\nCompilation table 13\n\nDefined terms\n\n  \n\nWestern Australia\n\nRetail Trading Hours Act 1987\n\nRetail Trading Hours Regulations 1988\n\n##### 1. Citation\n\nThese regulations may be cited as the *Retail Trading Hours Regulations 1988* 1.\n\n##### 2. Commencement\n\nThese regulations shall come into operation on the day on which the *Retail Trading Hours Act 1987* comes into operation 1.\n\n##### 3. Interpretation\n\nIn these regulations unless the contrary intention applies —\n\n  chief executive officer means chief executive officer of the department principally assisting the Minister with the administration of the Act;\n\n  form means a form in the Schedule.\n\n##### 4. Metropolitan area\n\nFor the purposes of the Act the metropolitan area means the region described in the *Planning and Development Act 2005* Schedule 3 2.\n\n[**5.** Deleted: Gazette 8 Apr 2011 p. 1282.]\n\n##### 6. Application for small retail shop certificate\n\nAn application under section 11(1) of the Act for a certificate certifying a retail shop to be a small retail shop is to be made in a form approved by the chief executive officer.\n\n[Regulation 6 inserted: Gazette 23 Dec 1994 p. 7074; amended: Gazette 2 Nov 1999 p. 5471.]\n\n##### 7. Special retail shops — categories, goods and services\n\n(1) The categories of shops set out in column 1 of the Table to this regulation are prescribed for the purposes of section 10(4)(a) of the Act.\n\n(2) The goods and services set out in column 2 of the Table to this regulation opposite a category of special retail shops are, for the purposes of section 10(4)(b) of the Act, goods and services that are prescribed in relation to a special retail shop of that category.\n\nTable\n\n| **Column 1   Shop Categories** | **Column 2   Goods and Services** |\n| --- | --- |\n| 1. Art and craft (shops engaged in the sale of art and craft works) | Original art and craft works; prints and reproductions of original works; art and craft supplies; art and craft related reading materials; calico or similar re‑useable shopping bags. |\n| 2. Souvenirs (Shops offering items of tourism significance) | Souvenirs featuring Australian flora, fauna, locations, characteristics or events or national significance; souvenirs projecting the flavour of the pioneering era or Aboriginal culture; original Australian art and craft works, reading materials and video cassettes or tourism significance; souvenirs and jewellery featuring Australian minerals and pearls; souvenirs crafted from unique Australian woods, hides or skins; Australian coins; calico or similar re‑useable shopping bags. |\n| 3. Pharmacy | Goods and services that may be sold or provided at a pharmacy in accordance with the *Pharmacy Act 2010*; calico or similar re‑usable shopping bags. |\n| 4. Domestic development shops (shops offering items for domestic improvements, construction and maintenance, floral arrangements and products for the establishment and maintenance of gardens) | Swimming pools; spas; patios; garages; garden sheds; home additions; household fixtures and fittings (excluding free standing furniture other than shelving units, carpets and electrical items other than ceiling fans); ready to assemble raw timber and finished timber household furniture, and kitchen cupboard panels, sold in flat pack form; desk fans; indoor television antennae; floor mats and rugs; synthetic rolled matting, synthetic grass and marine carpeting; flowers; greenstocks; seeds bulbs; reticulation equipment; hoses, sprinklers and fittings; fertilizers, pesticides, herbicides and applicators; compost tumblers; landscaping and garden decorative products; plant containers and household items for the display of garden produce; construction, maintenance and garden related books and video cassettes; domestic construction and maintenance materials; paint and wallpaper products |\n|  | and accessories; tools; outdoor furniture and accessories; household cleaning products (excluding powered equipment); swimming pool chemicals and accessories; extension cords and electrical fittings (excluding decorative light fittings); computer cables; barbecues; kitchenware (excluding electrical items); solid fuel space heaters; outdoor lighting; water heaters; gas powered camping equipment and accessories; awnings and blinds; personal safety equipment (excluding clothing except overalls); playground equipment; auto body filler and spray putty; auto surface primer and body black; art and craft supplies; calico or similar re‑useable shopping bags. |\n| 5. Marine Craft (shops engaged in the sale of marine craft) | Marine craft and vessels associated spare parts and accessories, boating related books and video cassettes; calico or similar re‑useable shopping bags. |\n| 6. Video shops | Digital video disks, video cassette tapes and video head cleaning products; promotional items relating to any video; confectionery and savouries; calico or similar re‑useable shopping bags. |\n| 7. Duty Free Shops (shops which trade only as inwards duty free shops or outwards duty free shops as defined under the *Customs Act 1901* of the Commonwealth in respect of which permission is granted under section 96A(2) or 96B(3) of that Act) | Goods offered for sale duty free under the terms of the permission granted; calico or similar re‑useable shopping bags. |\n| 8. Motor Vehicle Spare Parts Shops (shops other than shops located on premises on which motor vehicles are sold) | Motor vehicle spare parts accessories and lubricants; tools; motor vehicle related books and video cassettes; boating equipment limited to flares, anchors, life jackets, boat drainage bungs, navigation lights, fuel line bulbs, outboard motor water pump impellers, outboard motor service parts (filters, points, etc.), zinc anodes, outboard motor fuel tanks, outboard motor pull cords, and outboard motor shear pins; calico or similar re‑useable shopping bags. |\n| 9. Sports Venue Shops (shops located at special sports participation venues) | Sporting goods and associated equipment relevant to the sports activities at each applicant venue; calico or similar re‑useable shopping bags. |\n| 10. Newsagencies and book shops | Newspapers, books and stationery requisites; magazines and periodicals; greeting cards; educational requisites; educational toys (excluding mains operated computer games and equipment); photograph albums; sheet music; playing cards; paper plates, cups, doilies; lottery tickets; party decorations; smoker’s requisites; small replacement items of sporting equipment (fishing hooks, table tennis balls, darts, etc.); calico or similar re‑useable shopping bags. |\n| 11. Hotel Tourist shops (shops catering for tourist requirements in hotels classified as “4” star or “5” star under a scheme of classification approved by the Minister or any hotel that is in the opinion of the chief executive officer 3 of an equivalent standard) | Newspapers, books and stationery; haberdashery; clothing; sporting equipment; giftware; photographic equipment; cassette tapes, records and compact discs; toys; original art and craft works; prints and reproductions of original works; souvenirs featuring Australian flora, fauna, locations, characteristics or events of national significance; souvenirs projecting the flavour of the pioneering era or aboriginal culture; souvenirs and jewellery featuring Australian minerals and pearls; souvenirs crafted from unique Australian woods, hides or skins; Australian coins and stamps; first aid requisites; toilet and cosmetic requisites; smokers requisites; hairdressing services; flowers and floral arrangements; travel goods; calico or similar re‑useable shopping bags. |\n\n\n[Regulation 7 amended: Gazette 23 Mar 1990 p. 1466‑7; 5 Oct 1990 p. 5123; 4 Jan 1991 p. 8; 25 Oct 1991 p. 5450; 22 Dec 1995 p. 6175; 20 Sep 1996 p. 4718; 4 Apr 1997 p. 1752‑3; 2 Nov 1999 p. 5471‑2; 20 Feb 2001 p. 1079; 3 Jul 2001 p. 3281; 13 Feb 2004 p. 538; 20 Apr 2004 p. 1298; 15 Oct 2010 p. 5172.]\n\n##### 8. Certificate for special retail shop\n\n(1) An application under section 11(1) of the Act for a certificate certifying a retail shop to be a special retail shop is to be made in a form approved by the chief executive officer.\n\n(2) The certificate certifying a retail shop as a special retail shop shall be in Form No. 6.\n\n[Regulation 8 amended: Gazette 22 Dec 2017 p. 5976.]\n\n##### 9. Change in ownership, directorship or nature of business\n\nThe operator of a small retail shop or special retail shop shall notify the chief executive officer of any change in the ownership, directorship or nature of business of the small retail shop or special retail shop, as the case may be, within 14 days of such change.\n\nPenalty: $1 000.\n\n##### 10. Display of certificate\n\nThe operator of a small retail shop or a special retail shop shall display the certificate issued under section 11(2) of the Act in a prominent position, clearly visible to staff and members of the public, within the retail shop.\n\nPenalty: $1 000.\n\n##### 11. Goods for sale at filling station\n\nUnder section 14A(1)(b) of the Act the goods set out in the Table are prescribed for the purposes of sale at all filling stations.\n\nTable\n\n| **Item** | **Goods** |\n| --- | --- |\n| 1. | Food (excluding fresh meat other than prepacked quantities not exceeding 500 g weight) |\n| 2. | First aid requisites |\n| 3. | Smokers’ requisites |\n| 4. | Toilet and cosmetic requisites |\n| 5. | Portable barbeques and requisites |\n| 6. | Reading material and stationery requisites |\n| 7. | Pet and veterinary requisites |\n| 8. | Photographic equipment and requisites |\n| 9. | Portable audio and visual equipment and requisites |\n| 10. | Household cleaning products (excluding powered equipment) |\n| 11. | Garden and landscaping products (excluding furniture and powered equipment) |\n| 12. | Replacement sporting equipment (including fishing hooks, lines, sinkers, bait, balls and tees) |\n| 13. | Light globes |\n| 14. | Torches |\n| 15. | Dry batteries |\n| 16. | Pantyhose |\n| 17. | Candles |\n| 18. | Boot and shoe laces |\n| 19. | Cotton, needles and pins |\n| 20. | Sunglasses |\n| 21. | Work of local artists including paintings, pottery and handicraft products |\n| 22. | Local souvenir products |\n| 23. | Swimming pool chemicals and accessories |\n| 24. | Work clothing |\n| 25. | Travel rugs |\n| 26. | 12 volt and 24 volt vehicle accessories |\n| 27. | Pre‑recorded audio and visual material |\n| 28. | Coolers |\n\n\n[Regulation 11 inserted: Gazette 13 Dec 2016 p. 5631‑2.]\n\n[**11A.** Deleted: Gazette 13 Dec 2016 p. 5632.]\n\n##### 12. Prescribed service\n\nThe service specified in the Table to this regulation is a prescribed service under section 3 of the Act.\n\n**Table**\n\n| The provision of bays for the display of secondhand vehicles for sale at a car market. |\n| --- |\n\n\nSchedule\n\n[Forms 1, 2, 3 and 4 deleted: Gazette 23 Dec 1994 p. 7074.]\n\n[Form 5 deleted: Gazette 22 Dec 2017 p. 5976.]\n\n**Form No. 6**\n\nWestern Australia\n\n*Retail Trading Hours Act 1987*\n\n[s. 11]\n\nSPECIAL RETAIL SHOP CERTIFICATE\n\nThe retail shop known as .......................................................................................\n\nlocated at ................................................................................................................\n\nand operated by ......................................................................................................\n\n.................................................................................................................................\n\nis a special retail shop within the category ............................................................\n\nprescribed for the purposes of section 10(4)(b).\n\nThis certificate is issued subject to the following conditions —\n\n(a) the chief executive officer of the department of the Public Service administering the *Retail Trading Hours Act 1987* must be notified within 14 days of any change of ownership, directorship or nature of business; and\n\n(b) this certificate must be displayed in a prominent position, clearly visible to staff and members of the public, within the special retail shop.\n\n..............................................\n\nChief Executive Officer\n\nNotes\n\n1 This is a compilation of the *Retail Trading Hours Regulations 1988* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Retail Trading Hours Regulations 1988* | 12 Aug 1988 p. 2756‑60 | 1 Sep 1988 (see r. 2 and *Gazette* 12 Aug 1988 p. 2695) |\n| *Retail Trading Hours Amendment Regulations 1990* | 23 Mar 1990 p. 1466‑7 | 23 Mar 1990 (see r. 2) |\n| *Retail Trading Hours Amendment Regulations (No. 2) 1990* | 5 Oct 1990 p. 5123 | 5 Oct 1990 (see r. 2) |\n| *Retail Trading Hours Amendment Regulations (No. 3) 1990* | 4 Jan 1991   p. 7‑8 | 4 Jan 1991 (see r. 2) |\n| *Retail Trading Hours Amendment Regulations 1991* | 25 Oct 1991 p. 5449‑50 | 25 Oct 1991 (see r. 2) |\n| *Retail Trading Hours Amendment Regulations 1992* | 31 Jan 1992 p. 481‑3 | 1 Feb 1992 (see r. 2) |\n| *Retail Trading Hours Amendment Regulations (No. 2) 1992* | 1 May 1992    p. 1796 | 1 May 1992 |\n| *Retail Trading Hours Amendment Regulations 1994* | 23 Dec 1994 p. 7074 | 23 Dec 1994 |\n| *Retail Trading Hours Amendment Regulations 1995* | 13 Apr 1995    p. 1321 | 13 Apr 1995 |\n| *Retail Trading Hours Amendment Regulations (No. 2) 1995* | 13 Oct 1995 p. 4803‑4 | 13 Oct 1995 |\n| *Retail Trading Hours Amendment Regulations (No. 3) 1995* | 22 Dec 1995 p. 6174‑5 | 22 Dec 1995 |\n| *Retail Trading Hours Amendment Regulations (No. 2) 1996* | 20 Sep 1996 p. 4718 | 20 Sep 1996 |\n| *Retail Trading Hours Amendment Regulations 1997* | 4 Apr 1997 p. 1752‑3 | 4 Apr 1997 |\n| **Reprint of the *Retail Trading Hours Regulations 1988* as at 21 May 1999** (includes amendments listed above) | | |\n| *Retail Trading Hours Amendment Regulations 1999* | 2 Nov 1999 p. 5471‑2 | 2 Nov 1999 |\n| *Retail Trading Hours Amendment Regulations 2001* | 20 Feb 2001 p. 1079 | 20 Feb 2001 |\n| *Retail Trading Hours Amendment Regulations (No. 2) 2001* | 3 Jul 2001   p. 3281‑2 | 3 Jul 2001 |\n| *Retail Trading Hours Amendment Regulations 2004* | 13 Feb 2004    p. 537‑8 | 13 Feb 2004 |\n| *Retail Trading Hours Amendment Regulations (No. 2) 2004* | 20 Apr 2004 p. 1297‑8 | 20 Apr 2004 |\n| **Reprint 2: The *Retail Trading Hours Regulations 1988* as at 5 May 2006** (includes amendments listed above) | | |\n| *Retail Trading Hours Amendment Regulations 2007* | 11 May 2007 p. 2027‑31 | 11 May 2007 (see r. 2 and *Gazette* 11 May 2007 p. 2017) |\n| *Retail Trading Hours Amendment Regulations 2010* | 15 Oct 2010 p. 5171-2 | r. 1 and 2: 15 Oct 2010 (see r. 2(a));   Regulations other than r. 1 and 2: 18 Oct 2010 (see r. 2(b) and *Gazette* 1 Oct 2010 p. 5076) |\n| *Retail Trading Hours Amendment Regulations 2011* | 8 Apr 2011 p. 1281-2 | r. 1 and 2: 8 Apr 2011 (see r. 2(a));   Regulations other than r. 1 and 2: 9 Apr 2011 (see r. 2(b)) |\n| *Retail Trading Hours Amendment Regulations 2016* | 13 Dec 2016 p. 5630‑2 | r. 1 and 2: 13 Dec 2016 (see r. 2(a));   Regulations other than r. 1 and 2: 14 Dec 2016 (see r. 2(b)) |\n| *Retail Trading Hours Amendment Regulations 2017* | 22 Dec 2017 p. 5975‑6 | r. 1 and 2: 22 Dec 2017 (see r. 2(a));   Regulations other than r. 1 and 2: 23 Dec 2017 (see r. 2(b)) |\n\n\n2 Formerly referred to the Third Schedule of the *Metropolitan Region Town Planning Scheme Act 1959*. Under the *Reprints Act 1984* s. 7(3)(g)(i) the current reference was substituted for the former one.\n\n3 Under the *Acts Amendment (Public Service) Act 1987* s. 31(1)(f) a reference in a written law to “Permanent Head” is, unless the contrary intention appears, to be construed as if it had been amended to be a reference to the chief executive officer. This reference was amended under the *Reprints Act 1984* s. 7(5)(a).\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nchief executive officer 3\n\nform 3\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulations have grown significantly from their original 1988 form. The compilation table shows over 20 amendments across nearly 30 years, with major expansions including: the addition of regulation 11 (filling station goods) in 2016, repeated expansions to the categories of special retail shops and their permitted goods (particularly regulations 7 and 11), and the deletion of entire regulatory schemes (former regulation 5 and forms 1-5). The scope has shifted from basic administrative machinery to highly prescriptive product-by-product regulation of what specific retail categories can sell."},"complexity_factors":["Extensive product lists with specific inclusions and exclusions (e.g., \"fresh meat other than prepacked quantities not exceeding 500 g weight\")","Multiple cross-references to the parent Act (Retail Trading Hours Act 1987) and other legislation (Pharmacy Act 2010, Customs Act 1901, Planning and Development Act 2005)","11 distinct categories of special retail shops with unique conditions and permitted goods","Historical amendment trail showing 20+ amendments since 1988, with deleted regulations and forms creating fragmentation","Specific administrative requirements with penalties ($1,000 fines for non-compliance)","Deleted provisions (regulations 5, 11A, and Forms 1-5) that create gaps in the numbering and require historical knowledge to understand"],"plain_english_summary":"This is a Western Australian regulation that sets the rules for when retail shops can open, with a focus on exceptions to normal trading hours restrictions.\n\n**What it does:**\nThe regulations work alongside the Retail Trading Hours Act 1987 to control when shops in Perth and surrounding areas (the \"metropolitan area\") can trade. Generally, Western Australia has strict rules about shops opening on Sundays and public holidays. These regulations spell out which shops can get special permission to trade outside normal hours.\n\n**Key features:**\n\n*   **Special retail shops:** The regulations list 11 specific categories of shops that can apply for certificates allowing extended trading hours. These include art galleries, souvenir shops, pharmacies, hardware/garden stores, boat dealers, video shops, duty-free shops, auto parts stores, sports venue shops, newsagencies/bookshops, and hotel tourist shops. Each category has a detailed list of exactly what products they can sell.\n\n*   **Small retail shops:** Shops under a certain size can apply for certificates to trade outside normal hours.\n\n*   **Filling stations (petrol stations):** The regulations specify exactly what petrol stations can sell beyond fuel and car supplies — including food (but not fresh meat over 500g), first aid items, sunglasses, pantyhose, local souvenirs, and even swimming pool chemicals.\n\n*   **Administrative requirements:** Shop operators must display their certificates prominently, notify the government of any ownership or business changes within 14 days, and use approved forms.\n\n**Who it affects:**\nRetail business owners in Perth and surrounding areas, particularly those wanting to trade on Sundays or public holidays. It also affects consumers by determining which shops are open when.\n\n**Why it matters:**\nWestern Australia has some of the most restrictive retail trading hours in Australia. These regulations determine which businesses get exemptions from those restrictions, effectively shaping the retail landscape and competition in the state. The detailed product lists (down to specific items like \"pantyhose\" and \"fishing hooks\") show how prescriptive the rules are."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulations' substantive scope has been altered since first made: multiple amendments and insertions/deletions are recorded in the compilation table and marginal notes (see Gazette amendment entries). Examples in the source include deletion of a provision (r.5 deleted 2011), insertion of goods for filling stations (Regulation 11 inserted 13 Dec 2016), and deletion of Forms over time (Forms deleted 1994, 2017). These amendments have adjusted which shop categories and goods are prescribed and updated procedural forms and requirements."},"complexity_factors":["Extensive tabular schedules listing multiple shop categories with long, itemised goods/service lists (Regulation 7 and Regulation 11 Table).","Cross‑references to other statutes (Retail Trading Hours Act 1987, Pharmacy Act 2010, Customs Act 1901, Planning and Development Act 2005) increasing interpretive dependencies (regs 3, 4, 7, 7(2)).","Administrative requirements: application forms approved by the chief executive officer, specified Form No. 6 for certificates, and statutory display/notification obligations with monetary penalties (regs 6, 8, 9, 10).","Discretion left to the chief executive officer to approve forms and assess equivalence of hotel standard (reg 7, reg 8, Form No. 6).","Amendment history and deletions noted in the compilation and marginal notes introduce versioning complexity (multiple Gazette amendments listed)."],"plain_english_summary":"These regulations set out categories of \"special retail shops\", list the goods and services each category may sell, prescribe goods that may be sold at filling stations, and identify a prescribed service (car market display bays). Shop operators must apply for certification on forms approved by the chief executive officer, display the certificate in the shop and notify the chief executive officer of ownership or business changes within 14 days; each notification/display breach carries a $1,000 penalty. The chief executive officer approves forms and applies certain discretionary judgements (for example, hotel standard)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text was not available for analysis. No comparison between original intent and current provisions is possible from the retrieved content."},"complexity_factors":["No legislative content was retrievable — the source page is unavailable","Cannot assess cross-references, definitions, exemptions, or operative provisions","The only content present is a website error message and an Acknowledgement of Country","Complexity cannot be meaningfully rated without access to the actual instrument"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe page for the *Retail Trading Hours Regulations 1988* (Western Australia) is no longer available at the expected web address. The content of the actual regulations — which would normally govern when retail shops in WA are permitted to open and trade — could not be analysed because the source page has been taken down or moved as part of a website upgrade.\n\n**What this means for you:** If you need to know the current rules about retail trading hours in Western Australia (for example, as a shop owner, employee, or consumer), you should:\n- Visit the Western Australian legislation website (legislation.wa.gov.au) and search directly for the *Retail Trading Hours Act 1987* or associated regulations\n- Contact the Parliamentary Counsel's Office helpdesk as suggested on the page\n- Contact Consumer Protection WA or the relevant government department for guidance"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/retail-trading-hours-regulations-1988","history":"/api/acts/retail-trading-hours-regulations-1988/history","analysis":"/api/acts/retail-trading-hours-regulations-1988/analysis","conflicts":"/api/acts/retail-trading-hours-regulations-1988/conflicts","importantCases":"/api/acts/retail-trading-hours-regulations-1988/important-cases","documents":"/api/acts/retail-trading-hours-regulations-1988/documents"}}