{"id":"shop-trading-hours-act-1977","name":"Shop Trading Hours Act 1977","slug":"shop-trading-hours-act-1977","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":109944,"registerId":"sa-shop-trading-hours-act-1977-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Shop Trading Hours Act 1977","content":"South Australia\nShop Trading Hours Act 1977\nAn Act to provide for and regulate the opening and closing times for shops; and for other purposes.\n\nContents\n1\tShort title\n4\tInterpretation\n5\tExemptions\n5A\tRequirement to close shops\n6\tApplication of Act\n7\tInspectors\n8\tPowers of Inspectors\n9\tInspector not to have an interest etc\n10\tProtection for Inspectors\n11\tProclaimed Shopping Districts\n12\tVariation of Proclaimed Shopping District\n13\tHours during which shops may be open\n13A\tRestrictions relating to Sunday trading\n13B\tWork on Sundays and public holidays\n14\tOffences\n14A\tAdvertising\n15\tCertain sales lawful\n16\tPrescribed goods\n17\tLicence to sell motor spirit and lubricants\n17A\tProhibition notices\n17B\tPower of delegation\n18\tProcedures\n19\tRegulations\nSchedule 1—The metropolitan area\nSchedule 2—Schedule of transitional provisions\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Shop Trading Hours Act 1977.\n4—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nbuilding includes part of a building;\ncaravan means a caravan as defined for the purposes of the Motor Vehicles Act 1959;\nthe Central Business District (CBD) Tourist Precinct means the portion of the municipality of the City of Adelaide that lies within the Hundred of Adelaide;\nclosing time in relation to a shop, means the time at which the shop is required to be closed under this Act;\ncouncil means a municipal or district council;\nexempt shop means—\n\t(a)\ta shop—\n\t(i)\tthe floor area of which does not exceed 200 square metres; and\n\t(ii)\twhich does not adjoin, and is not adjacent to, a building, with a floor area exceeding one-half the floor area of the shop, that is used as a storeroom for the purposes of the shop; or\n\t(b)\tsubject to subsection (2), a shop the business of which is the retail sale of all or any of the goods set out in any one of the following subparagraphs:\n\t(i)\tantiques (other than coins or stamps); or\n\t(ii)\tlive fish, fish food, aquariums, accessories for aquariums; or\n\t(iii)\tpaintings, reproductions, drawings, etchings, pottery, sculptures, artifacts, wood carving, leatherware, weavings, hand-made goods of glass, iron, copper or silver; or\n\t(iv)\tnewspapers, books, periodicals, greeting cards, posters, wrapping paper, stationery; or\n\t(v)\tpharmaceutical preparations, cosmetic and toilet requisites, first aid requisites, medical and surgical appliances; or\n\t(vi)\tfresh flowers, living plants, floral arrangements, wreaths; or\n\t(vii)\tnon-alcoholic drinks, ice-cream, confectionery, light refreshments; or\n\t(viii)\thousehold pets, pet foods or accessories; or\n\t(ix)\tgarden supplies; or\n\t(x)\tfood—\n\t—\tfor consumption on the shop premises; or\n\t—\tprepared on the shop premises for consumption off those premises; or\n\t(xi)\tsouvenirs of a time, place or occasion, identified as such by inscription, stamping or marking; or\n\t(xii)\tcigarettes, cigars, tobacco, smoker's requisites; or\n\t(xiii)\tcaravans; or\n\t(xiv)\ttrailers; or\n\t(c)\ta hairdresser's shop; or\n\t(d)\tsubject to subsection (2), a shop—\n\t(i)\tthe business of which is wholly or predominantly the sale of foodstuffs; and\n\t(ii)\twhich has a floor area that does not exceed 400 square metres; and\n\t(iii)\twhich does not adjoin, and is not adjacent to, a building, with a floor area exceeding one-half the floor area of the shop, that is used as a storeroom for the purposes of the shop; or\n\t(f)\tsubject to subsection (2), a shop within the premises of a squash centre, ten pin bowling alley or golf club, the business of which is the retail sale of sporting goods of a kind used in the sport carried on in or about those premises; or\n\t(g)\ta garden shop of the kind referred to in subsection (3),\nbut does not include any shop the business of which is solely or predominantly the retail sale of—\n\t(h)\tmotor vehicles (other than caravans or trailers) or boats; or\n\t(i)\tmotor spirit or lubricants;\nfloor area in relation to a shop means the sum of—\n\t(a)\tthe area in which goods are displayed for inspection by the public; and\n\t(b)\tthe area to which the public has access for the purpose of inspecting and purchasing goods; and\n\t(c)\tthe floor area of any other shop (other than the floor area attributed to that shop by reason of this paragraph) that adjoins or is adjacent to the shop where—\n\t(i)\tboth shops sell substantially the same classes of goods, or the classes of goods sold by the shops are such as are usually available from a single shop; and\n\t(ii)\tthe businesses of both shops are owned by the same person or by different persons who conduct the businesses as one business or substantially as one business;\ngarden supplies means seeds, plants, fertilisers, pesticides, weedicides, fungicides, flower or shrub pots, garden stakes, garden tools, machinery or equipment or garden ornaments or accessories;\nGreater Adelaide Shopping District means—\n\t(a)\tthe Central Business District (CBD) Tourist Precinct; and\n\t(b)\tthe Metropolitan Shopping District;\nhardware and building materials has the meaning prescribed by the regulations;\nInspector means an Inspector appointed under section 7;\ninterested party, in relation to a proposed exemption under section 5 or a notice under section 13(2)(d), means—\n\t(a)\tany industry association representing the interests of shopkeepers in shops that would be the subject of the exemption or notice; or\n\t(b)\tany of the following entitled to represent employers, or employees, in shops that would be the subject of the exemption or notice:\n\t(i)\torganisations registered under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth;\n\t(ii)\tassociations registered under the Fair Work Act 1994;\nthe metropolitan area means that part of the State comprising the areas, or the parts of the areas, of the councils referred to in Schedule 1;\nthe Metropolitan Shopping District means that part of the metropolitan area that does not include the Central Business District (CBD) Tourist Precinct;\nmotor spirit means—\n\t(a)\ta distillate of crude oil commonly used as fuel for motor vehicles;\n\t(b)\tliquid petroleum gas or compressed natural gas that is sold, or is intended to be sold, as fuel for motor vehicles;\nmotor vehicle means a motor vehicle as defined for the purposes of the Motor Vehicles Act 1959;\nProclaimed Shopping District means an area of the State for the time being declared by proclamation under section 11 to be a proclaimed shopping district;\nretail sale means a sale of goods in the reasonable expectation that the goods will be used or consumed and not resold;\nsell includes offer or expose for sale and sale and sold have corresponding meanings;\nshop means the whole or any portion of a building, yard, place, structure, stall, tent or vehicle—\n\t(a)\tin which goods are sold by retail (including sale by auction); or\n\t(b)\tin which the business of a hairdresser or pawnbroker is carried on;\nshopkeeper means the person, or body of persons, whether corporate or unincorporate, that carries on the business of a shop, or acts or apparently acts in the general management or control of the business of a shop;\nshopping district means—\n\t(a)\tthe Central Business District (CBD) Tourist Precinct; or\n\t(b)\tthe Metropolitan Shopping District; or\n\t(c)\tany Proclaimed Shopping District;\ntrading day in relation to a shop means a day on which the public has access to the shop for the purpose of purchasing goods;\ntrailer means a trailer as defined for the purposes of the Motor Vehicles Act 1959;\nweekday means a Monday, Tuesday, Wednesday, Thursday or Friday.\n\t(2)\tA shop is not an exempt shop by virtue of paragraph (b), (d) or (f) of the definition of exempt shop in subsection (1) unless during the immediately preceding period of seven consecutive trading days of the shop the aggregate price of all goods sold at the shop and that fall within any one or more of the classes of goods referred to in those paragraphs is 80 per cent or more of the aggregate price of all goods sold at the shop during that period.\n\t(2a)\tThe floor area of a shop from which motor spirit is sold does not include—\n\t(a)\tareas in which the only goods displayed for inspection by the public are motor spirit or lubricants;\n\t(b)\tareas to which the public has access for the purpose of inspecting or purchasing motor spirit or lubricants but not any other class or classes of goods.\n\t(2b)\tWhen determining whether a shop from which motor spirit is sold is an exempt shop, any area used for the storage of motor spirit will not be taken into account.\n\t(3)\tIf the business carried on at a shop that is not an exempt shop includes the retail sale of garden supplies that are displayed in a separate area of the shop (the garden shop), that area of the shop (but not any other part of the shop) will be taken to be an exempt shop if the following requirements are satisfied:\n\t(a)\tthe aggregate price of all garden supplies selected from goods displayed at the garden shop and purchased during the immediately preceding period of seven consecutive trading days of the garden shop must be 80 per cent or more of the aggregate price of all goods selected from goods displayed at the garden shop and purchased during that period; and\n\t(b)\tthe public must not have access to any other part of the shop at any time at which that part of the shop must be closed under this Act.\n5—Exemptions\n\t(1)\tThe Minister may grant or declare exemptions from the operation of this Act, or specified provisions of this Act, in accordance with this section.\n\t(2)\tThe Minister may grant or declare an exemption on application to the Minister in a manner and form determined by the Minister, or on the Minister's own initiative.\n\t(3)\tAn exemption under this section—\n\t(a)\tmay relate to—\n\t(i)\ta specified shop or class of shops; or\n\t(ii)\tshops generally; and\n\t(b)\tmay apply—\n\t(i)\tgenerally throughout the State (to the extent that this Act applies across the State); or\n\t(ii)\tin specified shopping districts; or\n\t(iii)\tin a specified part of a shopping district; or\n\t(iv)\tin other parts of the State; and\n\t(c)\tmay apply with respect to—\n\t(i)\tspecified hours; or\n\t(ii)\ta specified day or days; or\n\t(iii)\ttrading days generally.\n\t(4)\tHowever, an exemption—\n\t(a)\tthat relates to—\n\t(i)\ta specified class of shops; or\n\t(ii)\tshops generally; or\n\t(b)\tthat applies—\n\t(i)\tgenerally throughout the State (to the extent that this Act applies across the State); or\n\t(ii)\tto shops (or a specified class of shops) in a specified shopping district or part of a specified shopping district,\ncannot operate in respect of a period greater than 14 days.\n\t(5)\tIn deciding whether to grant or declare an exemption, the Minister may have regard to any matters that the Minister considers relevant and must have regard to the following:\n\t(a)\twhether the proposed exemption is appropriate in order—\n\t(i)\tto enable a shop or shops to be open at an exhibition or show, to facilitate or support a local or special event or to conduct a special trade event; or\n\t(ii)\tto meet the requirements of tourists and other visitors to the area where the relevant shop, or shops, are located;\n\t(b)\tthe extent to which there has been consultation within the community on the proposed exemption and the outcome of that consultation;\n\t(c)\tthe notice that would be given to the community if the proposed exemption were to be granted.\n\t(6)\tThe Minister must not grant or declare exemptions under this section that are so extensive as to undermine the controls on shop trading hours set out in this Act.\n\t(7)\tThe Minister must not grant or declare an exemption unless the Minister—\n\t(a)\thas consulted with interested parties (if any) (in such manner as is determined by the Minister); and\n\t(b)\tis satisfied that the proposed exemption is supported by a majority of interested parties (if any), including—\n\t(i)\tat least 1 interested party representing the interests of employees of shops that would be the subject of the proposed exemption (if any); and\n\t(ii)\tat least 1 interested party representing the interests of employers in shops that would be the subject of the proposed exemption (if any).\n\t(8)\tAn interested party in relation to a proposed exemption may apply for judicial review of a decision made under this section in relation to the proposed exemption.\n\t(8a)\tSubsections (5) to (8) (inclusive) do not apply to an exemption granted or declared in relation to a day that has been appointed as an additional public holiday by proclamation under section 5(1)(a) of the Public Holidays Act 2023.\n\t(9)\tAn exemption may be granted or declared—\n\t(a)\tby notice in writing given to the shopkeeper, or each of the shopkeepers, to whom the exemption relates; or\n\t(b)\tby notice in the Gazette.\n\t(10)\tAn exemption may be granted or declared by the Minister subject to such restrictions or conditions as the Minister thinks fit.\n\t(11)\tWithout limiting subsection (10), an exemption may be granted or declared subject to a restriction or condition specifying the hours during which, or the day or days on which, the shop or shops to which it relates must be closed.\n\t(12)\tThe Minister may, at any time, by further notice given in the same manner as notice of the exemption was given—\n\t(a)\tvary or revoke an exemption; or\n\t(b)\tvary or revoke a restriction or condition to which an exemption is subject.\n\t(13)\tA shopkeeper who contravenes or fails to comply with a restriction or condition to which an exemption is subject is guilty of an offence.\nMaximum penalty: $100 000.\n\t(14)\tUnless specific provision is made in a notice under section 5A, an exemption under this section cannot operate in a manner contrary to a notice of the Minister under that section.\n\t(15)\tAn exemption under this section cannot operate with respect to section 13A or 13B.\n\t(16)\tSubject to this section, an exemption will have effect according to its terms and despite the other provisions of this Act.\n5A—Requirement to close shops\n\t(1)\tThe Minister may, by notice in the Gazette, require shops to be closed at times when it would otherwise be lawful to open those shops.\n\t(2)\tA notice under this section—\n\t(a)\tmust stipulate the times during which shops must be closed; and\n\t(b)\tmay relate to—\n\t(i)\ta specified shop or class of shops; or\n\t(ii)\tshops generally; and\n\t(c)\tmay apply—\n\t(i)\tgenerally throughout the State; or\n\t(ii)\tin specified shopping districts; or\n\t(iii)\tin a specified part of a shopping district; or\n\t(iv)\tin other parts of the State; and\n\t(d)\tmay apply with respect to—\n\t(i)\tspecified hours; or\n\t(ii)\ta specified day or days.\n\t(3)\tA requirement under this section cannot operate in respect of a period greater than 14 days.\n\t(4)\tThe Minister may, by further notice in the Gazette, vary or revoke a requirement under this section.\n\t(5)\tSubject to this section, a requirement under this section will have effect according to its terms and despite the other provisions of this Act.\n\t(6)\tA shopkeeper who contravenes a requirement under this section is guilty of an offence.\nMaximum penalty: $100 000.\n6—Application of Act\n\t(1)\tSubject to this section, this Act applies to and in relation to—\n\t(b)\tany shop situated within a shopping district.\n\t(2)\tThis Act does not apply to or in relation to—\n\t(a)\tany shop conducted at an agricultural or horticultural exhibition or show; or\n\t(c)\tany shop conducted for a period not exceeding one week, if the proceeds from sales made from that shop are devoted to a charitable, religious or benevolent purpose.\n7—Inspectors\n\t(1)\tFor the purposes of this Act the Minister may appoint as many Inspectors as appear necessary or desirable.\n\t(2)\tEvery Inspector will be furnished by the Minister with a certificate of appointment which the Inspector must produce on request.\n\t(3)\tAn appointment may be made subject to conditions specified in the instrument of appointment.\n\t(4)\tThe Minister may, at any time, revoke an appointment or vary, revoke or add a condition of an appointment.\n8—Powers of Inspectors\n\t(1)\tFor the purposes of ascertaining whether a provision of this Act has been complied with, an Inspector may—\n\t(a)\tenter and inspect at any time any building, yard, place, structure, stall or tent; or\n\t(b)\trequire the driver of a vehicle, suspected by the Inspector, on reasonable grounds, to be used as a shop or in connection with the business of a shop to stop the vehicle, and enter and inspect the vehicle or anything drawn by it; or\n\t(c)\trequire a person to produce any book, paper, document or record; or\n\t(ca)\tinspect or take copies of any book, paper, document or record or, for that purpose, remove any book, paper, document or record; or\n\t(cb)\ttake measurements, or make notes and records; or\n\t(cc)\ttake photographs, films or video or audio recordings; or\n\t(d)\trequire any person to answer any question put by the Inspector (whether directly or through an interpreter); or\n\t(e)\tgive such directions as are reasonably necessary for, or incidental to, the effective exercise of a power under this section.\n\t(2)\tIn the exercise of powers under subsection (1), an Inspector may be accompanied by such other persons as seem necessary or desirable in the circumstances.\n\t(3)\tA person must not—\n\t(a)\thinder or obstruct an Inspector, or a person assisting an Inspector, in the exercise of a power under this section; or\n\t(b)\tuse abusive or threatening language to an Inspector, or a person assisting an Inspector, in the exercise of a power under this section; or\n\t(c)\trefuse or fail to answer, to the best of that person's knowledge, information and belief, a question put to the person under subsection (1)(d); or\n\t(d)\trefuse or fail to comply with any other requirement or direction under this section.\nMaximum penalty: $25 000.\n\t(4)\tA person is not obliged to answer a question as required under subsection (1)(d) if to do so might tend to incriminate the person or make the person liable to a penalty.\n\t(5)\tA person is not obliged to provide information under this section that is privileged on the ground of legal professional privilege.\n9—Inspector not to have an interest etc\nAn Inspector must disclose to the Minister any direct or indirect financial interest in a shop that is or may be subject to his or her inspection.\nMaximum penalty: $5 000.\n10—Protection for Inspectors\n\t(1)\tNo personal liability attaches to an Inspector for an honest act or omission in the exercise or discharge, or purported exercise or discharge, of a power, function or duty under this Act.\n\t(2)\tA liability that would, but for subsection (1), lie against an Inspector lies instead against the Crown.\n11—Proclaimed Shopping Districts\n\t(1)\tSubject to subsection (2), the Governor may by proclamation—\n\t(a)\tdeclare any area other than the area comprised in the Greater Adelaide Shopping District to be a Proclaimed Shopping District; or\n\t(b)\tvary the area comprising any Proclaimed Shopping District; or\n\t(c)\tabolish a Proclaimed Shopping District.\n\t(2)\tA proclamation under subsection (1) cannot be made except to give effect to an application, made in accordance with section 12.\n12—Variation of Proclaimed Shopping District\n\t(1)\tSubject to this section, a council may, by instrument in writing under its common seal, make application to the Minister that—\n\t(a)\tthe whole or any part of the area of the council be declared to be a Proclaimed Shopping District; or\n\t(b)\tthe area of a Proclaimed Shopping District be varied so that it includes or ceases to include the whole or any part of the area of the council; or\n\t(c)\ta Proclaimed Shopping District comprising the whole or a part of the area of the council be abolished.\n\t(2)\tAn application for the declaration of a Proclaimed Shopping District cannot be made unless the proposed Proclaimed Shopping District would comprise—\n\t(a)\ta municipality; or\n\t(b)\tan area of not less than 90 square kilometres.\n\t(3)\tAn application to vary the area of a Proclaimed Shopping District cannot be made unless the area, as varied, would comprise—\n\t(a)\ta municipality; or\n\t(b)\tan area of not less than 90 square kilometres.\n\t(4)\tAn application under this section may only be made in pursuance of a resolution of the council.\n\t(6)\tA council must not make an application to the Minister under this section unless it has first given interested persons an opportunity to express their views to the council on the proposal and has had regard to the views expressed to it by interested persons.\n\t(7)\tIn subsection (6)—\ninterested persons means persons resident in the area of the council, and shopkeepers and shop assistants resident outside the area, but employed or engaged in shops within it.\n\t(8)\tIf an unsuccessful application is made to the Minister under this section, a period of one year must elapse before the same, or a substantially similar, application is made.\n13—Hours during which shops may be open\n\t(1)\tSubject to this section, the shopkeeper of a shop situated in the Greater Adelaide Shopping District may open the shop—\n\t(a)\tuntil 9.00 p.m. on every weekday; and\n\t(b)\tuntil 5.00 p.m. on a Saturday; and\n\t(c)\tfrom 9.00 a.m. to 5.00 p.m. on a Sunday,\nbut is not entitled to open the shop on a day that is a public holiday in any year.\n\t(2)\tDespite subsection (1) (but subject to subsections (5aa), (5a), (5b) and (5e)), the shopkeeper of a shop situated in the Greater Adelaide Shopping District may open the shop—\n\t(a)\tuntil 5.00 p.m. on Easter Saturday in each year; and\n\t(b)\tif the business of the shop is not wholly or predominantly the sale of foodstuffs—from 9.00 a.m. to 5.00 p.m. on 26 December in each year; and\n\t(c)\tuntil midnight on the day after the fourth Thursday in November in each year; and\n\t(d)\tuntil midnight on no more than 3 weekdays during the period commencing on 11 December and ending on 23 December in each year (being days specified by the Minister by notice in the Gazette); and\n\t(e)\tfrom 9.00 a.m. to 5.00 p.m. on any additional public holiday; and\n\t(f)\tif the shop is situated in the Central Business District (CBD) Tourist Precinct—\n\t(i)\tfrom 11.00 a.m. to 5.00 p.m. on a public holiday (not being a public holiday referred to in a preceding paragraph) other than Good Friday, 25 December and 25 April; and\n\t(ii)\tfrom 12 noon to 5.00 p.m. on 25 April.\n\t(3)\tThe Minister must publish the notice referred to in subsection (2)(d) on or before 1 November in each year (after consulting with interested parties in such manner as the Minister thinks fit).\n\t(4)\tSubject to this section, the shopkeeper of a shop situated in a shopping district outside the Greater Adelaide Shopping District may open the shop—\n\t(a)\tuntil 6.00 p.m. on every weekday other than a Thursday; and\n\t(b)\tuntil 9.00 p.m. on a Thursday; and\n\t(c)\tuntil 5.00 p.m. on a Saturday,\nbut is not entitled to open the shop on a day that is a public holiday in any year.\n\t(5aa)\tSubject to this section, the shopkeeper of a shop situated in a shopping district may open the shop on a part‑day public holiday that falls on a weekday as if it were not a public holiday.\n\t(5a)\tSubject to this section, the shopkeeper of a shop situated in a shopping district the business of which is solely or predominantly the retail sale of boats may open the shop—\n\t(a)\tuntil 6.00 p.m. on a Monday, Tuesday and Wednesday; and\n\t(b)\tuntil 9.00 p.m. on a Thursday and Friday; and\n\t(c)\tuntil 5.00 p.m. on a Saturday.\n\t(5b)\tSubject to this section, the shopkeeper of a shop situated in a shopping district the business of which is solely or predominantly the retail sale of motor vehicles (other than caravans and trailers) may open the shop—\n\t(a)\tuntil 6.00 p.m. on a Monday, Tuesday and Wednesday; and\n\t(b)\tuntil 9.00 p.m. on a Thursday and Friday; and\n\t(c)\tuntil 5.00 p.m. on a Saturday.\n\t(5d)\tNothing in subsection (1), (2) or (5aa) entitles the shopkeeper of a shop referred to in subsection (5a) or (5b) that is situated in the Greater Adelaide Shopping District to open the shop for additional hours prescribed by those subsections, or on a Sunday.\n\t(5e)\tSubject to this section, the shopkeeper of a shop situated in a shopping district the business of which is the retail sale of—\n\t(a)\thardware and building materials; or\n\t(b)\tfurniture; or\n\t(c)\tfloor coverings; or\n\t(d)\tmotor vehicle parts and accessories,\nmay, in addition to the hours prescribed by subsection (1), (2), (4) or (5aa) (depending on the shopping district in which the shop is situated), open the shop from 9.00 a.m. until 5.00 p.m. on a public holiday (but not on Good Friday or 25 December and not before 12 noon on 25 April).\n\t(5f)\tSubsection (5e) only applies to a shop if, during the immediately preceding period of seven consecutive trading days of the shop—\n\t(a)\tthe aggregate price of all goods sold at the shop that fall within any one or more of the classes of goods referred to in paragraphs (a), (b), (c) and (d) of that subsection is 80 per cent or more of the aggregate price of all goods sold at the shop during that period; and\n\t(b)\tthe aggregate price of all hardware and building materials of a kind prescribed by regulation for the purposes of this paragraph sold at the shop during that period does not exceed the percentage (prescribed by regulation) of the aggregate price of all hardware and building materials sold at the shop during that period.\n\t(6)\tIn this section—\nadditional public holiday means a Monday or Tuesday that is a public holiday by virtue of section 3(2) or (3) of the Public Holidays Act 2023.\nNote—\nThe requirements of this section will not apply to exempt shops as defined in section 4(1).\n13A—Restrictions relating to Sunday trading\n\t(1)\tSubject to subsection (2), a term of a retail shop lease or collateral agreement in respect of a shop situated in a shopping district that requires the shop to be open on a Sunday is void to the extent of that requirement.\n\t(2)\tSubsection (1) does not apply to a term of a retail shop lease or collateral agreement that has been authorised by an exemption granted under the Landlord and Tenant Act 1936 or the Retail and Commercial Leases Act 1995.\n\t(4)\tIn this section—\ncollateral agreement includes a guarantee under which the guarantor guarantees the performance of the obligations of a lessee under a retail shop lease;\nretail shop lease has the same meaning as in the Retail and Commercial Leases Act 1995.\n13B—Work on Sundays and public holidays\nThe shopkeeper of a shop is only entitled to open the shop on a Sunday or a public holiday in accordance with section 13 if each employee who works in the shop during that Sunday or public holiday has voluntarily accepted an offer by the shopkeeper to work on that day.\n14—Offences\n\t(1)\tA shopkeeper must cause his or her shop to be closed and fastened against the admission of the public at all times except those at which he or she is entitled to open the shop under this Act.\nMaximum penalty: $100 000.\n\t(2)\tSubject to this section, a person must not sell, or cause or permit to be sold, any goods in or about a shop at a time when the shop is required by subsection (1) to be closed.\nMaximum penalty: $100 000.\n\t(7)\tWhere, at a time when a shop is required by this Act to be closed, a person (other than the shopkeeper or an employee or agent of the shopkeeper) is in the shop for the purpose of—\n\t(a)\tpurchasing goods; or\n\t(b)\tinspecting goods; or\n\t(c)\ttaking delivery of goods purchased,\nthe shopkeeper is guilty of an offence.\nMaximum penalty: $100 000.\n\t(7a)\tIn proceedings for an offence under subsection (7), an allegation in the complaint that a person was in a shop for the purpose of—\n\t(a)\tpurchasing goods; or\n\t(b)\tinspecting goods; or\n\t(c)\ttaking delivery of goods purchased,\nwill be accepted as proved in the absence of proof to the contrary.\n\t(7b)\tIt is a defence to a charge of an offence under subsection (7) to prove that the defendant did not know, and could not reasonably be expected to have known, that a person was in the shop for the purpose of—\n\t(a)\tpurchasing goods; or\n\t(b)\tinspecting goods; or\n\t(c)\ttaking delivery of goods purchased.\n\t(8)\tSubject to this section a person must not carry on the business of pawnbroking, or cause or permit that business to be carried on, in or about a shop at a time when the shop is required by subsection (1) to be closed.\nMaximum penalty: $100 000.\n\t(8a)\tWhere a court imposes a penalty for an offence against this section it may fix, by way of additional penalty, an amount determined or estimated by the court as the amount by which the convicted defendant benefited from trading that was, by virtue of this Act, unlawful on the day on which the offence was committed.\n\t(9)\tNo offence is committed under this section by reason only of the fact that a shopkeeper, or a person employed or engaged in the shop, is engaged within a period of 30 minutes after closing time—\n\t(a)\tin serving customers who were in the shop at closing time; or\n\t(11)\tIn any proceedings for an offence against this section, it is a defence for the defendant to prove that at the time of the alleged offence, and—\n\t(a)\tthroughout the period of seven days immediately preceding that time; or\n\t(b)\tin the case of a shop that was established within that period of seven days, throughout the period immediately preceding that time during which the business of that shop was carried on,\nthe shop, in relation to which it is alleged the offence was committed, was an exempt shop.\n\t(12)\tIn any proceedings for an offence against this section, it is a defence for the defendant to prove that at the time of the alleged offence the defendant was acting within the ambit of an exemption under section 5.\n14A—Advertising\n\t(1)\tSubject to this section, a person who publishes, or causes to be published, an advertisement that—\n\t(a)\ta shop will be open during any period when the shop is required by this Act to be closed; or\n\t(b)\tgoods will be offered for sale at a shop that is an exempt shop by virtue of paragraph (b) of the definition of exempt shop, at a time when those goods could not lawfully be sold if the business of the shop was solely or predominantly the sale of those goods,\nis guilty of an offence.\nMaximum penalty: $100 000.\n\t(2)\tSubsection (1) does not apply to the proprietor or publisher of a newspaper or magazine or to the holder of a licence under the Broadcasting and Television Act 1942 of the Commonwealth.\n15—Certain sales lawful\n\t(3)\tIt is lawful for a shopkeeper at any time to sell or deliver spare parts for agricultural machinery and to keep the shop open for so long as is necessary to effect that sale or delivery.\n\t(4)\tIt is lawful for a shopkeeper at any time to sell by auction (and deliver) fine art on commission and to keep the shop open for so long as is necessary to effect the sale and delivery.\n16—Prescribed goods\n\t(1)\tIn this section—\nprescribed goods means—\n\t(b)\tmotor vehicles (other than caravans and trailers) and boats; and\n\t(c)\tmotor spirit and lubricants.\n\t(2)\tSubject to section 17, but notwithstanding any other provision, a shopkeeper must not sell prescribed goods or cause or permit prescribed goods to be sold in or about the shop at any time when those goods could not lawfully be sold from that shop if its business were solely or predominantly the retail sale of such goods.\n\t(3)\tA person who contravenes subsection (2) is guilty of an offence.\nMaximum penalty: $100 000.\n17—Licence to sell motor spirit and lubricants\n\t(1)\tThe Minister may, upon the application of a shopkeeper, grant a licence permitting that shopkeeper to sell and deliver motor spirit and lubricants on any day after closing time and on Sundays and public holidays.\n\t(2)\tThe licence may be subject to such limitations, restrictions and conditions as are prescribed.\n\t(3)\tThe licensee must pay to the Minister such fees as may be prescribed.\n\t(4)\tA shopkeeper who holds a licence granted under subsection (1) may open the shop to which the licence relates during the hours specified in the licence for the purpose of selling and delivering motor spirit and lubricants in accordance with the licence.\n\t(4a)\tDuring those hours a shopkeeper referred to in subsection (4) may also sell in accordance with the licence any other goods that are normally sold at the shop subject to the following restrictions:\n\t(a)\tthe aggregate price of motor spirit and lubricants sold at the shop during the immediately preceding period of seven consecutive trading days of the shop must be equal to or greater than the percentage (prescribed by regulation) of the aggregate price of all goods sold at the shop during that period; and\n\t(b)\tthe shop must be a shop that would fall within the definition of exempt shop in section 4 if the business carried on at the shop did not include the retail sale of motor spirit and lubricants.\n\t(5)\tThe Minister, if of the opinion that a licence under this section has been abused in any way, may, by notice in writing addressed to the holder of the licence, cancel the licence (and the licence thereupon becomes void).\n17A—Prohibition notices\n\t(1)\tIf the Minister has reason to believe, on reasonable grounds, that a person has contravened a provision of this Act in circumstances that make it likely that the contravention will be repeated, the Minister may issue a notice requiring the person to refrain from an act, or course of action, specified by the Minister.\n\t(2)\tA notice under subsection (1) must—\n\t(a)\tstate that the Minister is of the opinion that the person has contravened a provision of this Act in circumstances that make it likely that the contravention will be repeated; and\n\t(b)\tstate the grounds of the Minister's opinion.\n\t(3)\tA person who contravenes or fails to comply with a notice under this section is guilty of an offence.\nMaximum penalty: $100 000 plus $20 000 for each day on which the offence is committed.\n\t(4)\tA person to whom a notice is directed may, within 14 days after service of the notice, appeal to the Administrative and Disciplinary Division of the District Court against the issuing of the notice.\n17B—Power of delegation\n\t(1)\tThe Minister may delegate to a person (including a person for the time being holding or acting in a specified office or position) a function or power of the Minister under this Act.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the Minister to act in any matter; and\n\t(d)\tis revocable at will.\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n18—Procedures\n\t(1)\tAn offence against this Act is a summary offence.\n\t(2)\tIn any proceedings for an offence against this Act, an allegation in the complaint that—\n\t(a)\ta specified shop is within a specified shopping district; or\n\t(b)\ta specified shop has a floor area of a specified size,\nwill be accepted as proof in the absence of proof to the contrary.\n19—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the Governor may make regulations—\n\t(a)\tprescribing the manner in which a shop or class of shops is to be closed and fastened against the admission of the public; and\n\t(ab)\tprescribing the manner in which a notice or other document under this Act may be given, issued or served; and\n\t(b)\tprescribing penalties (not exceeding $10 000) for a breach of, or non-compliance with, any regulation.\nSchedule 1—The metropolitan area\nCorporation of the City of Adelaide\nThat part of the area of the Adelaide Hills Council formerly comprising the areas of the District Council of East Torrens and the District Council of Stirling\nCorporation of the City of Burnside\nCorporation of the City of Campbelltown\nCity of Charles Sturt\nCorporation of the Town of Gawler\nCity of Holdfast Bay\nCorporation of the City of Marion\nCorporation of the City of Mitcham\nCity of Norwood, Payneham and St. Peters\nCity of Onkaparinga\nCity of Playford\nCity of Port Adelaide Enfield\nCorporation of the City of Prospect\nCorporation of the City of Salisbury\nCorporation of the City of Tea Tree Gully\nCorporation of the City of Unley\nCorporation of the Town of Walkerville\nCity of West Torrens\nSchedule 2—Schedule of transitional provisions\nFor the purposes of this Act, each area of the State (other than the metropolitan area) that was, immediately before the commencement of this Act, a shopping district for the purposes of Part 15 of the Industrial Code 1967 will be taken to have been declared by proclamation under section 11 to be a Proclaimed Shopping District.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Shop Trading Hours Act 1977 amended the following:\nIndustrial Code 1967\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1977\n35\n Shop Trading Hours Act 1977\n1.12.1977\n1.12.1977: s 2\n1980\n115\n Shop Trading Hours Act Amendment Act 1980\n18.12.1980\n2.3.1981 (Gazette 26.2.1981 p536)\n1983\n120\n Shop Trading Hours Act Amendment Act 1983\n22.12.1983\n22.2.1984: s 2\n1985\n48\n Shop Trading Hours Act Amendment Act 1985\n2.5.1985\n26.5.1985 (Gazette 16.5.1985 p1535)\n1990\n50\n Statutes Amendment (Shop Trading Hours and Landlord and Tenant) Act 1990\n22.11.1990\n22.11.1990 (Gazette 22.11.1990 p1581)\n1994\n81\n Shop Trading Hours (Meat) Amendment Act 1994\n8.12.1994\n8.12.1994\n1995\n48\n Shop Trading Hours (Miscellaneous) Amendment Act 1995\n22.6.1995\n22.6.1995\n1998\n77\n Shop Trading Hours (Miscellaneous) Amendment Act 1998\n17.12.1998\n8.6.1999 (Gazette 25.3.1999 p1462)\n2000\n77\n Shop Trading Hours (Glenelg Tourist Precinct) Amendment Act 2000\n14.12.2000\n21.12.2000 (Gazette 21.12.2000 p3689)\n2003\n19\n Shop Trading Hours (Miscellaneous) Amendment Act 2003\n19.6.2003\nPt 2 (ss 4—19)—7.7.2003 (Gazette 19.6.2003 p2598)\n2012\n6\n Statutes Amendment (Shop Trading and Holidays) Act 2012\n2.4.2012\nPt 4 (ss 9—12)—2.4.2012 (Gazette 2.4.2012 p1318)\n2022\n17\n Shop Trading Hours (Extension of Hours) Amendment Act 2022\n27.10.2022\n1.11.2022 (Gazette 27.10.2022 p6376)\n2023\n39\nPublic Holidays Act 2023\n7.12.2023\nSch 1 (cll 21 to 23)—1.1.2024: s 2\nProvisions amended\nCertain textual alterations were made to this Act by the Commissioner of Statute Revision when preparing the reprint of the Act that incorporated all amendments in force as at 2 May 1988. A Schedule of these alterations was laid before Parliament on 16 August 1988.\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended by 48/1995 s 2\n22.6.1995\nHeading\ndeleted in pursuance of the Acts Republication Act 1967\n2.5.1988\nss 2 and 3\ndeleted in pursuance of the Acts Republication Act 1967 as their function is now exhausted\n2.5.1988\ns 4\n\n\ns 4(1)\ns 4 redesignated as s 4(1) by 115/1980 s 3(n)\n2.3.1981\nbuilding\ninserted by 115/1980 s 3(a)\n2.3.1981\ncaravan\ninserted by 50/1990 s 4(a)\n22.11.1990\nthe Central Shopping District—see Central Business District (CBD) Tourist Precinct\n\n\nCentral Business District (CBD) Tourist Precinct\nthe Central Shopping District amended to read Central Business District (CBD) Tourist Precinct by 6/2012 s 9(1)\n2.4.2012\nclosing time\nsubstituted by 115/1980 s 3(b)\n2.3.1981\ndeclared shop\ndeleted by 115/1980 s 3(c)\n2.3.1981\nexempt shop\namended by 115/1980 s 3(d)—(k)\n2.3.1981\n\namended by 81/1994 s 2(a)\n8.12.1994\n\namended by 48/1995 s 3(a)—(f)\n22.6.1995\n\namended by 77/1998 s 3(a), (b)\n8.6.1999\n\n(a)(iii) deleted by 19/2003 s 4(1)\n7.7.2003\n\namended by 19/2003 s 4(2)\n7.7.2003\n\n(e) deleted by 19/2003 s 4(3)\n7.7.2003\n\namended by 6/2012 s 9(2)\n2.4.2012\n\namended by 17/2022 s 3(1)\n1.11.2022\nfloor area\ninserted by 115/1980 s 3(l)\n2.3.1981\ngarden supplies\ninserted by 48/1995 s 3(g)\n22.6.1995\nGlenelg Tourist Precinct\ninserted by 77/2000 s 3(a)\n21.12.2000\n\ndeleted by 17/2022 s 3(2)\n1.11.2022\nGreater Adelaide Shopping District\ninserted by 19/2003 s 4(4)\n7.7.2003\n\namended by 6/2012 s 9(1)\n2.4.2012\n\n(c) deleted by 17/2022 s 3(3)\n1.11.2022\nhardware and building materials\ninserted by 115/1980 s 3(l)\n2.3.1981\ninterested party\ninserted by 17/2022 s 3(4)\n1.11.2022\nmeat\ndeleted by 81/1994 s 2(b)\n8.12.1994\nthe metropolitan area\namended by 115/1980 s 3(m) \n2.3.1981\n\n(c) deleted in pursuance of the Acts Republication Act 1967 as its contents are now obsolete\n2.5.1988\n\nsubstituted by 77/1998 s 3(c)\n8.6.1999\nthe Metropolitan Shopping District\nsubstituted by 77/2000 s 3(b)\n21.12.2000\n\namended by 6/2012 s 9(1)\n2.4.2012\n\namended by 17/2022 s 3(5)\n1.11.2022\nmotor spirit\ninserted by 50/1990 s 4(b)\n22.11.1990\nnormal trading hours\ninserted by 48/1995 s 3(h)\n22.6.1995\n\ndeleted by 19/2003 s 4(5)\n7.7.2003\npublic holiday\nsubstituted by 48/1995 s 3(i)\n22.6.1995\n\namended by 6/2012 s 9(3)\n2.4.2012\n\ndeleted by 39/2023 Sch 1 cl 21\n1.1.2024\nshopping district\namended by 77/2000 s 3(c)\n21.12.2000\n\namended by 6/2012 s 9(1)\n2.4.2012\n\n(ba) deleted by 17/2022 s 3(6)\n1.11.2022\ntrading day\ninserted by 48/1995 s 3(j)\n22.6.1995\ntrailer\ninserted by 50/1990 s 4(c)\n22.11.1990\ns 4(2)\ninserted by 115/1980 s 3(n)\n2.3.1981\n\nsubstituted by 77/1998 s 3(d)\n8.6.1999\ns 4(2a) and (2b)\ninserted by 50/1990 s 4(d)\n22.11.1990\ns 4(3)\ninserted by 115/1980 s 3(n)\n2.3.1981\n\nsubstituted by 48/1995 s 3(k)\n22.6.1995\ns 5\nsubstituted by 115/1980 s 4 \n2.3.1981\n\namended by 48/1995 s 4\n22.6.1995\n\nsubstituted by 19/2003 s 5\n7.7.2003\ns 5(1)\namended by 17/2022 s 4(1)\n1.11.2022\ns 5(4)\namended by 6/2012 s 10(1)\n2.4.2012\n\namended by 17/2022 s 4(2)\n1.11.2022\ns 5(5) and (6)\ndeleted by 6/2012 s 10(2)\n2.4.2012\n\ninserted by 17/2022 s 4(3)\n1.11.2022\ns 5(7)\ndeleted by 6/2012 s 10(3)\n2.4.2012\n\ninserted by 17/2022 s 4(3)\n1.11.2022\ns 5(8)\nsubstituted by 17/2022 s 4(3)\n1.11.2022\ns 5(8a)\ninserted by 39/2023 Sch 1 cl 22\n1.1.2024\ns 5(15)\namended by 17/2022 s 4(4)\n1.11.2022\ns 5A\ninserted by 19/2003 s 5\n7.7.2003\ns 6\n\n\ns 6(1)\namended by 115/1980 s 5\n2.3.1981\n\n(a) deleted by 81/1994 s 3\n8.12.1994\ns 6(2)\n(b) deleted by 19/2003 s 6\n7.7.2003\ns 7\n\n\ns 7(1)\namended by 17/2022 s 5(1)\n1.11.2022\ns 7(3) and (4)\ninserted by 17/2022 s 5(2)\n1.11.2022\ns 8\n\n\ns 8(1)\namended by 19/2003 s 7(1)—(3)\n7.7.2003\ns 8(3) and (4)\nsubstituted by 19/2003 s 7(4)\n7.7.2003\ns 8(5)\ninserted by 19/2003 s 7(4)\n7.7.2003\ns 9\namended by 19/2003 s 8\n7.7.2003\ns 10\nsubstituted by 19/2003 s 9\n7.7.2003\ns 11\n\n\ns 11(1)—see Sch 2\n\n\ns 11(1)\ns 11(2) redesignated as s 11(1) in pursuance of the Acts Republication Act 1967\n2.5.1988\n\namended by 77/2000 s 4\n21.12.2000\n\namended by 19/2003 s 10\n7.7.2003\ns 11(2)\ns 11(3) amended by 115/1980 s 6\n2.3.1981\n\ns 11(3) redesignated as s 11(2) in pursuance of the Acts Republication Act 1967\n2.5.1988\n\nsubstituted by 77/1998 s 4\n8.6.1999\ns 12\n\n\ns 12(5)\ndeleted by 50/1990 s 5\n22.11.1990\ns 12(6)\nsubstituted by 50/1990 s 5\n22.11.1990\ns 13\n\n\ns 13(1)\nsubstituted by 115/1980 s 7(a)\n2.3.1981\n\namended by 50/1990 s 6(a)\n22.11.1990\n\nsubstituted by 48/1995 s 5(a)\n22.6.1995\n\namended by 77/1998 s 5(a)\n8.6.1999\n\namended by 77/2000 s 5(a)\n21.12.2000\n\nsubstituted by 19/2003 s 11(1)\n7.7.2003\n\nsubstituted by 6/2012 s 11(1)\n2.4.2012\n\nsubstituted by 17/2022 s 6(1)\n1.11.2022\n\namended by 39/2023 Sch 1 cl 23(1)\n1.1.2024\ns 13(2)\nsubstituted by 115/1980 s 7(a)\n2.3.1981\n\namended by 50/1990 s 6(b)\n22.11.1990\n\nsubstituted by 48/1995 s 5(a)\n22.6.1995\n\namended by 77/2000 s 5(b)\n21.12.2000\n\nsubstituted by 19/2003 s 11(1)\n7.7.2003\n\nsubstituted by 6/2012 s 11(1)\n2.4.2012\n\nsubstituted by 17/2022 s 6(1)\n1.11.2022\n\namended by 39/2023 Sch 1 cl 23(2)\n1.1.2024\ns 13(3)\nsubstituted by 115/1980 s 7(a)\n2.3.1981\n\nsubstituted by 50/1990 s 6(c)\n22.11.1990\n\nsubstituted by 48/1995 s 5(a)\n22.6.1995\n\ndeleted by 19/2003 s 11(1)\n7.7.2003\n\ninserted by 17/2022 s 6(1)\n1.11.2022\ns 13(3a)\ninserted by 50/1990 s 6(c)\n22.11.1990\n\ndeleted by 48/1995 s 5(a)\n22.6.1995\ns 13(4)\namended by 115/1980 s 7(b)\n2.3.1981\n\nsubstituted by 120/1983 s 3\n22.2.1984\n\nsubstituted by 48/1985 s 3\n26.5.1985\n\namended by 50/1990 s 6(d)\n22.11.1990\n\ndeleted by 81/1994 s 4\n8.12.1994\n\ninserted by 48/1995 s 5(a)\n22.6.1995\n\ndeleted by 19/2003 s 11(1)\n7.7.2003\n\ninserted by 17/2022 s 6(1)\n1.11.2022\n\namended by 39/2023 Sch 1 cl 23(3)\n1.1.2024\ns 13(4a)\ninserted by 77/1998 s 5(b)\n8.6.1999\n\ndeleted by 19/2003 s 11(1)\n7.7.2003\ns 13(5)\ndeleted by 115/1980 s 7(c)\n2.3.1981\n\ninserted by 120/1983 s 3\n22.2.1984\n\ndeleted by 48/1985 s 3\n26.5.1985\n\ninserted by 48/1995 s 5(a)\n22.6.1995\n\namended by 77/1998 s 5(c)\n8.6.1999\n\namended by 77/2000 s 5(c)\n21.12.2000\n\namended by 19/2003 s 11(2)\n7.7.2003\n\ndeleted by 17/2022 s 6(1)\n1.11.2022\ns 13(5aa)\ninserted by 6/2012 s 11(2)\n2.4.2012\ns 13(5a)\ninserted by 120/1983 s 3\n22.2.1984\n\ndeleted by 48/1985 s 3\n26.5.1985\n\ninserted by 48/1995 s 5(a)\n22.6.1995\n\namended by 77/1998 s 5(d)\n8.6.1999\n\namended by 19/2003 s 11(3)\n7.7.2003\ns 13(5b)\ninserted by 120/1983 s 3\n22.2.1984\n\ndeleted by 48/1985 s 3\n26.5.1985\n\ninserted by 48/1995 s 5(a)\n22.6.1995\n\namended by 19/2003 s 11(4), (5)\n7.7.2003\ns 13(5c)\ninserted by 120/1983 s 3\n22.2.1984\n\ndeleted by 48/1985 s 3\n26.5.1985\n\ninserted by 48/1995 s 5(a)\n22.6.1995\n\ndeleted by 19/2003 s 11(6)\n7.7.2003\ns 13(5d)\ninserted by 120/1983 s 3\n22.2.1984\n\ndeleted by 48/1985 s 3\n26.5.1985\n\ninserted by 48/1995 s 5(a)\n22.6.1995\n\nsubstituted by 77/1998 s 5(e)\n8.6.1999\n\namended by 77/2000 s 5(d)\n21.12.2000\n\nsubstituted by 19/2003 s 11(7)\n7.7.2003\n\namended by 6/2012 s 11(3)\n2.4.2012\n\namended by 17/2022 s 6(2)\n1.11.2022\ns 13(5e)\ninserted by 48/1995 s 5(a)\n22.6.1995\n\namended by 77/1998 s 5(f), (g)\n8.6.1999\n\namended by 19/2003 s 11(8), (9)\n7.7.2003\n\namended by 6/2012 s 11(4), (5)\n2.4.2012\n\namended by 17/2022 s 6(3), (4)\n1.11.2022\ns 13(5f)\ninserted by 48/1995 s 5(a)\n22.6.1995\ns 13(5g)\ninserted by 48/1995 s 5(a)\n22.6.1995\n\namended by 77/1998 s 5(h)\n8.6.1999\n\ndeleted by 19/2003 s 11(10)\n7.7.2003\ns 13(5h)\ninserted by 77/1998 s 5(i)\n8.6.1999\n\namended by 77/2000 s 5(e)\n21.12.2000\n\ndeleted by 19/2003 s 11(10)\n7.7.2003\ns 13(6)\nsubstituted by 115/1980 s 7(d)\n2.3.1981\n\namended by 50/1990 s 6(e)\n22.11.1990\n\namended by 48/1995 s 5(b), (c)\n22.6.1995\n\nsubstituted by 19/2003 s 11(10)\n7.7.2003\n\namended by 6/2012 s 11(6)\n2.4.2012\n\nsubstituted by 17/2022 s 6(5)\n1.11.2022\nadditional public holiday\nsubstituted by 39/2023 Sch 1 cl 23(4)\n1.1.2024\ns 13(6a)\ninserted by 6/2012 s 11(7)\n2.4.2012\n\ndeleted by 17/2022 s 6(5)\n1.11.2022\ns 13(7)\nsubstituted by 19/2003 s 11(10)\n7.7.2003\n\ndeleted by 17/2022 s 6(5)\n1.11.2022\ns 13(8)\nsubstituted by 115/1980 s 7(e)\n2.3.1981\n\nsubstituted by 19/2003 s 11(10)\n7.7.2003\n\ndeleted by 6/2012 s 11(8)\n2.4.2012\ns 13(9)\ninserted by 115/1980 s 7(e)\n2.3.1981\n\ndeleted by 19/2003 s 11(10)\n7.7.2003\ns 13(10)\ninserted by 115/1980 s 7(e)\n2.3.1981\n\namended by 48/1995 s 5(d)\n22.6.1995\n\ndeleted by 19/2003 s 11(10)\n7.7.2003\ns 13(10a)\ninserted by 77/1998 s 5(j)\n8.6.1999\n\ndeleted by 19/2003 s 11(10)\n7.7.2003\ns 13(11)—(14)\ninserted by 115/1980 s 7(e)\n2.3.1981\n\ndeleted by 19/2003 s 11(10)\n7.7.2003\ns 13A\ninserted by 115/1980 s 8\n2.3.1981\n\namended by 50/1990 s 7\n22.11.1990\n\nsubstituted by 48/1995 s 6\n22.6.1995\ns 13A(1)\namended by 77/1998 s 6(a)\n8.6.1999\n\namended by 77/2000 s 6(a)\n21.12.2000\n\namended by 19/2003 s 12(1)\n7.7.2003\ns 13A(2)\namended by 77/1998 s 6(b)\n8.6.1999\ns 13A(3)\namended by 77/1998 s 6(a)\n8.6.1999\n\namended by 77/2000 s 6(b)\n21.12.2000\n\nsubstituted by 19/2003 s 12(2)\n7.7.2003\n\ndeleted by 17/2022 s 7\n1.11.2022\ns 13A(4)\n\n\nretail shop lease\namended by 77/1998 s 6(b)\n8.6.1999\ns 13B\ninserted by 17/2022 s 8\n1.11.2022\ns 14\n\n\ns 14(1)\nsubstituted by 48/1995 s 7(a)\n22.6.1995\n\namended by 19/2003 s 13(1)\n7.7.2003\ns 14(2)\ndeleted by 115/1980 s 9(c)\n2.3.1981\n\ninserted by 48/1995 s 7(a)\n22.6.1995\n\namended by 19/2003 s 13(2)\n7.7.2003\ns 14(3)\namended by 115/1980 s 9(a)\n2.3.1981\n\ndeleted by 48/1995 s 7(a)\n22.6.1995\ns 14(4)\ndeleted by 115/1980 s 9(c)\n2.3.1981\ns 14(5)\namended by 115/1980 s 9(b)\n2.3.1981\n\ndeleted by 48/1995 s 7(a)\n22.6.1995\ns 14(6)\nsubstituted by 115/1980 s 9(c)\n2.3.1981\n\ndeleted by 48/1995 s 7(a)\n22.6.1995\ns 14(7)\nsubstituted by 115/1980 s 9(c)\n2.3.1981\n\namended by 19/2003 s 13(3)\n7.7.2003\ns 14(7a) and (7b)\ninserted by 115/1980 s 9(c)\n2.3.1981\ns 14(8)\nsubstituted by 115/1980 s 9(c)\n2.3.1981\n\nsubstituted by 48/1995 s 7(b)\n22.6.1995\n\namended by 19/2003 s 13(4)\n7.7.2003\ns 14(8a)\ninserted by 115/1980 s 9(c)\n2.3.1981\ns 14(9)\n(b) deleted by 48/1995 s 7(c)\n22.6.1995\ns 14(10)\ndeleted by 48/1995 s 7(d)\n22.6.1995\ns 14(12)\ninserted by 19/2003 s 13(5)\n7.7.2003\ns 14A\ninserted by 115/1980 s 10\n2.3.1981\ns 14A(1)\namended by 19/2003 s 14\n7.7.2003\ns 15\n\n\ns 15(1) and (2)\ndeleted by 19/2003 s 15\n7.7.2003\ns 15A\ninserted by 115/1980 s 11 \n2.3.1981\n\ndeleted by 50/1990 s 8\n22.11.1990\ns 15B\ninserted by 115/1980 s 11\n2.3.1981\n\ndeleted by 50/1990 s 9\n22.11.1990\ns 16\n\n\ns 16(1)\namended by 115/1980 s 12(a)\n2.3.1981\nprescribed goods\n(a) deleted by 81/1994 s 5 \n8.12.1994\n\namended by 77/1998 s 7\n8.6.1999\ns 16(2)\namended by 115/1980 s 12(b), (c)\n2.3.1981\ns 16(3)\nsubstituted by 115/1980 s 12(d)\n2.3.1981\n\namended by 19/2003 s 16\n7.7.2003\ns 17\n\n\ns 17(1)\namended by 115/1980 s 13\n2.3.1981\n\namended by 48/1995 s 8(a)\n22.6.1995\ns 17(4)\nsubstituted by 48/1995 s 8(b)\n22.6.1995\ns 17(4a)\ninserted by 48/1995 s 8(b)\n22.6.1995\ns 17(6)\ndeleted in pursuance of the Acts Republication Act 1967 as its function is now exhausted\n2.5.1988\nss 17A and 17B\ninserted by 19/2003 s 17\n7.7.2003\ns 18\n\n\ns 18(1)\ns 18 redesignated as s 18(1) by 115/1980 s 14\n2.3.1981\ns 18(2)\ninserted by 115/1980 s 14\n2.3.1981\n\nsubstituted by 19/2003 s 18\n7.7.2003\ns 19\nsubstituted by 115/1980 s 15\n2.3.1981\ns 19(2)\namended by 19/2003 s 19\n7.7.2003\nSch\ndeleted in pursuance of the Acts Republication Act 1967 as its function is now exhausted\n2.5.1988\nSch 1\ninserted by 77/1998 s 8\n8.6.1999\nSch 1A\ninserted by 77/2000 s 7\n21.12.2000\n\ndeleted by 17/2022 s 9\n1.11.2022\nSch 2 \ns 11(1) redesignated as Schedule of transitional provisions\n2.5.1988\n\nheading inserted by 77/1998 s 9\n8.6.1999\nTransitional etc provisions associated with Act or amendments\nShop Trading Hours (Miscellaneous) Amendment Act 2003\n3—Transitional provision\nDespite subsection (2)(a) of section 13 of the Shop Trading Hours Act 1977, as inserted into that Act by this Act, until a day fixed by the Governor by proclamation under this clause, the times at which the shopkeeper of a shop situated in the Metropolitan Shopping District under that Act may open the shop will remain as:\n\t(a)\tuntil 7.00 p.m. on every weekday other than a Thursday; and\n\t(b)\tuntil 9.00 p.m. on a Thursday.\n4—Review of Act\n\t(1)\tThe Minister must, as soon as practicable after the third anniversary of the commencement of section 11 of this Act, appoint an independent person to carry out an investigation and review concerning the operation of the Shop Trading Hours Act 1977 (as amended by this Act).\n\t(2)\tThe person appointed under subclause (1) must present to the Minister a report on the outcome of the investigation and review within 6 months after his or her appointment.\n\t(3)\tThe Minister must, within 12 sitting days after receipt of a report under this clause, cause a copy of the report to be laid before both Houses of Parliament.\nStatutes Amendment (Shop Trading and Holidays) Act 2012\n12—Review\n\t(1)\tThe Minister must cause a review of the operation and impact of the amendments to the Shop Trading Hours Act 1977 made by Part 4 of this Act to be conducted and a report on the results of the review to be submitted to him or her.\n\t(2)\tThe review must be undertaken in conjunction with the review under section 8 of this Act and the report must be submitted to the Minister at the same time as the review under that section.\n\t(3)\tThe Minister must cause copies of the report to be laid before both Houses of Parliament at the same time as the report under section 8 is laid before both Houses.\nShop Trading Hours (Extension of Hours) Amendment Act 2022, Sch 1—Transitional provision\n1—Inspectors appointment to continue\nAn appointment in force under section 7 of the Shop Trading Hours Act 1977 immediately before the commencement of section 5 of this Act continues in force as if it were an appointment by the Minister under section 7 of the Shop Trading Hours Act 1977 as amended by this Act.\nHistorical versions\n2.5.1988\n\nReprint No 1—15.1.1992\n\nReprint No 2—8.12.1994\n\nReprint No 3—22.6.1995\n\nReprint No 4—8.6.1999\n\nReprint No 5—21.12.2000\n\nReprint No 6—7.7.2003\n\n2.4.2012\n\n1.11.2022\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment could not be performed as the legislative text was not retrievable. The page returned was an error page from the SA legislation website, not the Act itself."},"complexity_factors":["No legislative content was available for analysis — the source URL returned a 404 Page Not Found error","Complexity cannot be meaningfully assessed without access to the actual text of the Act","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **Shop Trading Hours Act 1977 (SA)** could not be retrieved. The link provided returned a **'Page Not Found'** error from the South Australian legislation website, likely due to a website update on **24 March 2026** that broke older hyperlinks.\n\n### What we do know about this Act generally:\nThe *Shop Trading Hours Act 1977* is a South Australian law that **regulates when retail shops are permitted to open and trade**. It affects:\n- **Shop owners and retailers** — dictating which days and hours they can legally operate\n- **Employees** — as trading hours affect rostering, penalty rates, and working conditions\n- **Consumers** — determining when they can access retail services\n\nThe Act has historically included rules around **public holidays, Sundays, and special trading events**, with certain exemptions for small businesses or specific regions.\n\n### What you should do:\nTo get the current, accurate text of this Act, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for *'Shop Trading Hours Act 1977'*."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The text as reprinted shows the Act has been amended repeatedly and now contains broader administrative tools and exceptions compared with its original 1977 form. Notable scope additions and changes in the current text include: formalised ministerial exemption powers with consultation requirements and a 14‑day cap on wide exemptions (s5(3)–(4), s5(7)); a separate power for the Minister to require shops to close for up to 14 days (s5A); licence rules enabling after‑hours sale of motor spirit subject to conditions and fees (s17); prohibition notices for likely repeated contraventions (s17A); and detailed area‑based default hours including the Greater Adelaide Shopping District and Proclaimed Shopping Districts processes (ss11–13). The legislative history in the text records amendments across multiple years that produced these changes (see the schedule of amendments and entries for 2003, 2012, 2022 and 2023)."},"complexity_factors":["Extensive defined terms and factual thresholds (e.g. floor area calculations and 7-day sales percentages) determining exempt status (s4(1)–(3); s13(5f)).","Separate default hours and exceptions depending on geographic categories (Greater Adelaide Shopping District, Metropolitan Shopping District, Proclaimed Shopping Districts) (s11, s12, s13).","Multiple ministerial powers with broad discretion (exemptions s5; requirement to close s5A; prohibition notices s17A; licences s17) and ability to delegate (s17B).","High-penalty enforcement regime with civil/criminal-style sanctions and additional penalty for benefit from unlawful trading (s14; s17A).","Inspectors’ wide investigatory powers including entry, seizure/copying of records and compelled answers (with limited privileges) (s8), creating evidentiary and compliance complexity.","Interactions and carve-outs involving other statutes (Public Holidays Act 2023, Retail and Commercial Leases Act 1995, Landlord and Tenant Act 1936 referenced in s5(8a), s13A), increasing cross‑statute analysis needed.","Procedural requirements for consultation and notice (s5(7), s12(6), s13(3)) and time limits on exemptions/closure notices (s5(4), s5A(3)) add administrative layers.","Layered historical amendments reflected across the Act (numerous amendment notes) which complicate interpretation of current operation."],"plain_english_summary":"What this law does, in plain English\n\n- Mechanically, the Act sets the times when shops in South Australia may open and must close, creates categories of \"exempt\" shops that are not subject to the normal hours, gives the Minister power to grant short-term exemptions or to require shops to close, creates an administrative process for declaring or varying \"Proclaimed Shopping Districts\", authorises inspectors to check compliance, and establishes offences and penalties for breaches (see sections 4, 5, 5A, 11–13, 7–10, 14). \n\nWho decides\n\n- The Minister: may grant or declare exemptions from the Act (s5), may require shops to close by Gazette notice (s5A), may grant licences to sell motor spirit outside hours (s17), may issue prohibition notices if a contravention is likely to be repeated (s17A), and may delegate functions (s17B).\n- The Governor: may proclaim Proclaimed Shopping Districts (s11) but only after a council application (s12).\n- Councils: may apply to the Minister to have areas declared or varied as Proclaimed Shopping Districts (s12).\n- Inspectors: appointed by the Minister enforce the Act and have prescribed inspection powers (s7–8).\n\nWho pays / who is affected\n\n- Shopkeepers are directly affected: they must comply with prescribed opening times (s13), obtain licences to sell motor spirit outside normal hours if needed (s17) and may be subject to fines for breaches (many offences carry maximum penalties up to $100,000; see s5(13), s5A(6), s14 and others).\n- Employees are affected by the rule that they must voluntarily accept work on Sundays or public holidays; a shopkeeper can only open on those days if each employee working that day has voluntarily accepted the offer (s13B).\n- Interested parties (industry associations, registered employee/employer organisations) must be consulted before certain exemptions or district variations (s5(7), s12(6)).\n\nKey mechanics and thresholds to watch\n\n- Definitions and thresholds: whether a shop is an \"exempt shop\" depends on floor area and, for some classes, the percentage of sales of particular goods over the immediately preceding seven consecutive trading days (s4(1)–(3), s13(5f)). Those measurements determine whether shops can lawfully trade outside the default hours.\n- Default trading hours: shops in the Greater Adelaide Shopping District may open until 9.00 p.m. weekdays, until 5.00 p.m. Saturdays and 9.00 a.m.–5.00 p.m. Sundays, with a set of specified exceptions for particular days and precincts (s13(1)–(2)). Shops in shopping districts outside Greater Adelaide have a different default (up to 6.00 p.m. weekdays, 9.00 p.m. Thursdays, 5.00 p.m. Saturdays) (s13(4)). Exempt shops are not subject to these requirements (note to s13; see s4 for the exempt definition).\n- Exemptions and temporary changes: the Minister can grant exemptions (which may be for specified shops, classes or areas and for specified hours or days) but broad exemptions that would operate for more than 14 days across shops generally are restricted (s5(3)–(4), (10)–(12)). A Ministerial requirement to close shops (s5A) may also be issued but is time-limited to not more than 14 days (s5A(3)).\n- Enforcement and inspection: Inspectors may enter and inspect premises, require documents, take copies or measurements and compel answers (subject to privilege and self-incrimination protections) (s8). There are specific offences for obstructing inspectors and for trading outside permitted hours; courts may order disgorgement-like additional penalties where unlawful trading has benefited the defendant (s8(3); s14(8a)).\n- Special rules: lease terms that require a shop to open on Sundays are void (subject to certain authorisations) (s13A); shops selling motor spirit may apply for licences to sell outside normal hours subject to conditions and fees (s17).\n\nWhat the Act authorises as objectives (stated/express in the text)\n\n- The Act gives the Minister power to consider exemptions to enable shops to open for exhibitions, special events, or to meet tourist needs (s5(5)(a)). The Act also requires consultation with interested parties in some circumstances (s5(5)(b), (c); s5(7); s12(6)).\n\nAnalyst's note: testing stated objectives against implementation mechanics\n\n- Incentives and direct costs: shopkeepers bear the direct compliance costs (measuring floor area, tracking the seven-day sales test, applying for licences, and risk of large fines) (s4; s13(5f); s17; s14). Licence fees for motor spirit sales are payable as prescribed (s17(3)).\n- Bureaucratic discretion and implementation risk: the Minister has broad discretionary powers to grant exemptions, to require closures, to cancel licences and to issue prohibition notices (s5, s5A, s17, s17A). Those powers are time-limited in some respects (e.g. wide exemptions limited to 14 days (s5(4)), requirement-to-close capped at 14 days (s5A(3))). The Act also allows delegation (s17B), which expands decision-makers beyond the Minister.\n- Compliance burden and administrative complexity: the Act depends on factual tests (floor area calculation and the 7‑day sales share tests) to determine exempt status (s4(1)–(3); s13(5f)). Those tests impose record-keeping and measurement obligations on shopkeepers and are a source of enforcement activity (s8). Inspector powers to remove or copy records (s8(1)(ca)) increase the evidentiary and administrative burden on businesses.\n- Effects on private choice and enterprise: the Act constrains when shops may trade (s13) and limits contractual freedom in leases by voiding lease terms that require Sunday opening (s13A). It permits limited carve-outs (exempt shops, licences for motor spirit, Ministerial exemptions) but those carve-outs are structured (floor area/sales tests; short maximum exemption durations) (s4; s5; s17).\n- Concentrated benefits vs diffuse costs: the Act creates mechanisms (licences, exemptions) that can advantage particular shops or classes for limited periods (s5; s17). Penalties and enforcement costs diffuse across all shopkeepers who must ensure compliance with hours, record-keeping and employee-consent rules (s14; s13B).\n\nBottom line (mechanical):\n\nThe Act prescribes default shop trading hours by area, establishes detailed definitions and tests to determine when a shop is \"exempt\", gives the Minister targeted powers to grant short-term exemptions or require closures and to regulate sales of specified goods outside hours, empowers inspectors to monitor compliance and imposes substantial penalties for breaches. The law changes the timetable of commercial activity (who may open and when), requires procedural consultation for some changes, and shifts enforcement costs and record-keeping responsibilities onto shopkeepers (see especially ss4–5, 5A, 7–8, 11–13, 14, 17)."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1977 purpose of simply regulating shop opening hours. It now encompasses: worker protection provisions (section 13B on voluntary Sunday work, section 13A on lease terms), complex exemption frameworks with community consultation requirements (section 5), advertising restrictions (section 14A), prohibition notices and judicial review mechanisms (section 17A), and detailed enforcement powers including photography and audio recording (section 8). The 2022 amendments in particular shifted the focus toward industrial relations protections for workers, moving beyond pure trading hours regulation into employment conditions."},"complexity_factors":["Multiple overlapping defined terms (17+ definitions in section 4) including complex nested definitions for 'exempt shop' with 14 sub-categories and exclusion clauses","Geographic complexity with three distinct shopping district types (CBD Tourist Precinct, Metropolitan Shopping District, Proclaimed Shopping Districts) each with different rules","Extensive cross-referencing between sections, particularly between exemption rules (section 5), trading hours (section 13), and the definition of exempt shops","Conditional logic requiring 80% sales threshold tests over 7-day periods to determine exempt shop status (subsections 4(2), 4(3), 13(5f))","Numerous exceptions to general rules: 13 different subsections in section 13 alone create special rules for specific days (Easter Saturday, Boxing Day, late-night Thursdays in November), specific businesses (boat dealers, motor vehicle dealers, hardware stores), and specific locations","Temporal complexity with different rules for weekdays, Saturdays, Sundays, public holidays, 'additional public holidays', and part-day public holidays","Interaction between ministerial exemptions (section 5), mandatory closure notices (section 5A), and prohibition notices (section 17A) creating layered regulatory mechanisms","Legislative history showing 15+ amendment acts since 1977 with significant restructuring (e.g., deletion of Glenelg Tourist Precinct in 2022, insertion of voluntary Sunday work provisions in 2022)","Defences and evidentiary presumptions in offence provisions (section 14) creating procedural complexity"],"plain_english_summary":"This South Australian law sets the rules for when shops can open and close. It applies to retail shops in designated shopping areas, mainly in Adelaide and surrounding suburbs.\n\n**What it does:**\n- **Sets standard trading hours**: Shops in Greater Adelaide can generally open until 9pm on weekdays, 5pm on Saturdays, and 9am-5pm on Sundays. Shops in other proclaimed shopping districts have shorter hours (6pm most weekdays, 9pm Thursdays, 5pm Saturdays).\n- **Bans trading on public holidays**: Most shops must close on public holidays like Good Friday and Christmas Day, though there are exceptions for the CBD Tourist Precinct and certain types of stores.\n- **Creates exemptions**: Small shops (under 200 square metres), shops selling specific goods like food, flowers, books, or petrol, and hairdressers are \"exempt shops\" that can trade outside normal hours.\n- **Protects workers**: Employees cannot be forced to work Sundays or public holidays under their lease agreements, and any Sunday work must be voluntary.\n- **Allows special exemptions**: The Minister can grant temporary exemptions (up to 14 days) for events like shows or to support tourism, but must consult with employer and employee groups first.\n- **Enforces the rules**: Appointed inspectors can enter shops, check records, and issue fines up to $100,000 for trading illegally or obstructing inspections.\n\n**Who it affects:**\n- Shop owners and managers in South Australian shopping districts\n- Retail workers (protecting their rights to refuse Sunday work)\n- Consumers (determining when they can shop)\n- Local councils (who can apply to create or change shopping districts)\n\n**Why it matters:**\nThis law balances business interests with worker protections and community standards. It prevents large retailers from dominating all hours while allowing small specialty shops to trade flexibly. The rules have been updated many times since 1977 to gradually extend trading hours, reflecting changing social attitudes to weekend and late-night shopping."}},"importantCases":[],"_links":{"self":"/api/acts/shop-trading-hours-act-1977","history":"/api/acts/shop-trading-hours-act-1977/history","analysis":"/api/acts/shop-trading-hours-act-1977/analysis","conflicts":"/api/acts/shop-trading-hours-act-1977/conflicts","importantCases":"/api/acts/shop-trading-hours-act-1977/important-cases","documents":"/api/acts/shop-trading-hours-act-1977/documents"}}