{"id":"shop-trading-reform-act-1996","name":"Shop Trading Reform Act 1996","slug":"shop-trading-reform-act-1996","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176204,"registerId":"vic-shop-trading-reform-act-1996-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Shop Trading Reform Act 1996","content":"Version No. 045\n\n**Shop Trading Reform Act 1996**\n\n**No. 38 of 1996**\n\nVersion incorporating amendments as at  \n6 April 2020\n\n**table of provisions**\n\n*Section Page*\n\nPart 1—Preliminary 1\n\n1 Purpose 1\n\n2 Commencement 1\n\n3 Definitions 1\n\n4 Exempt shops 4\n\nPart 2—Shop closing times 6\n\n5 Ordinary shop closing times 6\n\nPart 2A—Enforcement 8\n\n6A Appointment of inspectors 8\n\n6B Inspector's identity card 8\n\n6C Production of identity card 8\n\n6D Inspector may seek Court order 9\n\n6E Entry of premises open to the public 11\n\n6F Protection against self-incrimination 11\n\n6G Confidentiality 11\n\nPart 3—Miscellaneous 13\n\n7 Voiding of certain lease provisions 13\n\n8 Prosecutions under this Act 13\n\n8A Criminal liability of officers of bodies corporate—accessorial liability 15\n\n9 Restraining orders 16\n\n10 Supreme Court—limitation of jurisdiction 17\n\n11 Regulations 17\n\n12 Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013 18\n\nEndnotes 20\n\n1 General information 20\n\n2 Table of Amendments 22\n\n3 Amendments Not in Operation 25\n\n4 Explanatory details 26\n\n**Version No.** **045**\n\n**Shop Trading Reform Act 1996**\n\n**No. 38 of 1996**\n\nVersion incorporating amendments as at  \n6 April 2020\n\n**The Parliament of Victoria enacts as follows:**\n\nPart 1—Preliminary\n\n\t1 Purpose\n\nThe purpose of this Act is to provide for the management of shop trading in Victoria.\n\n\t2 Commencement\n\n(1) This Part comes into operation on the day on which this Act receives the Royal Assent.\n\n(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.\n\n(3) If a provision referred to in subsection (2) does not come into operation before 1 March 1997, it comes into operation on that day.\n\n\t3 Definitions\n\n(1) In this Act—\n\nS. 3(1) def. of *Council* amended by No. 9/2020 s. 390(Sch. 1 item 93).\n\n***Council*** has the same meaning as in the **Local Government Act 2020** but does not include the Council of the City of Melbourne;\n\nS. 3(1) def. of *exempt shop* substituted by No. 112/2003 s 3(a).\n\n***exempt shop*** means a shop referred to in section 4;\n\nS. 3(1) def. of *inspector* inserted by No. 112/2003 s. 3(c).\n\n***inspector*** means an inspector appointed under section 6A;\n\n***metropolitan municipal district*** has the same meaning as in the **Public Holidays Act 1993**;\n\nS. 3(1) def. of *municipal district* amended by No. 9/2020 s. 390(Sch. 1 item 93).\n\n***municipal district***, in relation to a Council, has the same meaning as in the **Local Government Act 2020**;\n\n***occupier***, in relation to a shop, includes—\n\n(a) a person entitled to occupy the shop; and\n\n(b) a person managing or controlling, or apparently managing or controlling, a business carried on in the shop; and\n\n(c) a person who is, or appears to be, the employer of a person or persons working in a business carried on in the shop;\n\n***officer***, in relation to a body corporate, means—\n\n(a) a director, secretary or executive officer of the body corporate; or\n\n(b) any person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act; or\n\n(c) a person concerned in the management of the body corporate; or\n\n(d) in relation to the commission by the body corporate of an offence relating to a shop, a person concerned in the management of the shop;\n\nS. 3(1) def. of *ordinary shop closing times* amended by Nos 1/2003 s. 5, 96/2003 s. 18, 3/2011 s. 3(a).\n\n***ordinary shop closing times*** means—\n\n(a) all times on Good Friday and Christmas Day;\n\n(b) between the hours of 12:01 am and 1:00 pm on ANZAC Day;\n\nS. 3(1) def. of *Secretary* inserted by No. 112/2003 s. 3(c), amended by Nos 3/2011 s. 3(b), 70/2013 s. 4(Sch. 2 item 46).\n\n***Secretary*** means the Secretary to the Department of State Development, Business and Innovation;\n\nS. 3(1) def. of *shop* substituted by No. 112/2003 s. 3(b), amended by No. 2/2008 s. 27(1).\n\n***shop*** means the whole or any part of a building, structure or place or any vehicle—\n\n(a) that is used wholly or predominantly for the retail sale of goods; and\n\n(b) in or at which goods are sold or exposed or offered for sale by retail on one or more occasions.\n\nS. 3(1) def. of *special local shop closing times* repealed by No. 2/2008 s. 27(2).\n\n* * * * *\n\nS. 3(2) repealed by No. 2/2008 s. 27(3).\n\n* * * * *\n\nS. 4 amended by Nos 44/2001 s. 3 (Sch. item 102), 5/2003 s. 3(1)(2), substituted by No. 112/2003 s. 4.\n\n\t4 Exempt shops\n\n(1) A shop is an exempt shop if the predominant business carried on in the shop is that of—\n\n(a) a chemist shop; or\n\n(b) a petrol shop; or\n\n(c) an eating-house, restaurant, cafe or any other shop that sells cooked or prepared meals that are ready to eat on the premises or to be consumed off the premises; or\n\n(d) a prescribed kind.\n\n(2) A shop is also an exempt shop at a particular time if—\n\n(a) the number of persons employed and working in a business carried on in the shop at that time does not exceed 20; and\n\n(b) at any time within the period of 7 days before that time, the number of persons employed by the occupier of the shop and working in any business carried on in shops of any kind in Victoria does not exceed 100.\n\n(3) The number of persons employed for the purposes of subsection (2)(b)—\n\n(a) if the occupier of the shop is a body corporate, is to include the persons—\n\n(i) employed in shops of any kind in Victoria by a body corporate that is, by reason of the Corporations Act, related to that body corporate; and\n\n(ii) working in any business carried on in those shops;\n\n(b) is to be calculated by dividing the total number of the hours worked by all persons employed and working in the business carried on in those shops during the relevant period by 38.\n\nPart 2—Shop closing times\n\n\t5 Ordinary shop closing times\n\n(1) All shops, except exempt shops, must be closed and kept closed during ordinary shop closing times.\n\n(2) The occupier of a shop, other than an exempt shop, must not fail to close the shop and keep it closed during ordinary shop closing times.\n\n1. 100 penalty units.\n\n\n(3) The occupier of a shop other than an exempt shop, or an employee of that occupier, must not publish a statement or indication that at any time during ordinary shop closing times—\n\n(a) the shop will be open for the sale of goods by retail; or\n\n(b) a person will be in the shop and will sell goods there and receive orders for goods by any means; or\n\n(c) the shop will be open for the inspection of goods in it or the delivery of previously sold or ordered goods.\n\n1. 100 penalty units.\n\n\nNote to s. 5 inserted by No. 13/2013 s. 39.\n\n**Note**\n\nSection 8A applies to an offence against subsection (2) or (3).\n\nS. 5A inserted by No. 1/2003 s. 6, repealed by No. 3/2011 s. 4.\n\n* * * * *\n\nS. 6  \nrepealed by No. 2/2008 s. 28.\n\n* * * * *\n\nPt 2A (Heading and ss 6A–6G) inserted by No. 112/2003 s. 5.\n\nPart 2A—Enforcement\n\nS. 6A inserted by No. 112/2003 s. 5, amended by No. 108/2004 s. 117(1) (Sch. 3 item 182.1).\n\n\t6A Appointment of inspectors\n\nThe Secretary may, by instrument, appoint as inspectors any employees employed under Part 3 of the **Public Administration Act 2004**.\n\nS. 6B inserted by No. 112/2003 s. 5 .\n\n\t6B Inspector's identity card\n\n(1) The Secretary must issue an identity card to each inspector.\n\n(2) An identity card must contain—\n\n(a) a photograph and the name or identifying number of the inspector to whom it is issued; and\n\nS. 6B(2)(b) substituted by No. 108/2004 s. 117(1) (Sch. 3 item 182.2).\n\n  (b) the name of the public service body established under the **Public Administration Act 2004** in which the inspector is employed.\n\nS. 6C inserted by No. 112/2003 s. 5 .\n\n\t6C Production of identity card\n\nAn inspector must produce his or her identity card for inspection—\n\n(a) before exercising a power under a Court order made under section 6D other than a requirement made by post; and\n\n(b) at any time during the exercise of a power under a Court order made under section 6D, if asked to do so.\n\n1. 10 penalty units.\n\n\nS. 6D inserted by No. 112/2003 s. 5 .\n\n\t6D Inspector may seek Court order\n\n(1) If an inspector believes, on reasonable grounds, that a person or persons may have contravened this Act, the inspector, with the written approval of the Secretary, may apply to the Magistrates' Court for an order requiring any person at a time and place specified by an inspector*—*\n\n(a) to answer orally or in writing any questions put by an inspector in relation to the alleged contravention;\n\n(b) to supply orally or in writing information required by an inspector in relation to the alleged contravention;\n\n(c) to produce to an inspector specified documents or documents of a specified class relating to the alleged contravention.\n\n(2) If the Magistrates' Court is satisfied on the basis of evidence presented by the inspector that there are reasonable grounds to believe that a person or persons may have contravened this Act, the Court may grant the order sought.\n\n(3) An order under this section must state a day, not later than 28 days after the making of the order, on which the order ceases to have effect.\n\n(4) If any documents are produced to an inspector under an order made under this section the inspector may—\n\n(a) inspect the documents or authorise a person to inspect the documents;\n\n(b) make copies of or take extracts from the documents;\n\n(c) seize the documents if the inspector considers the documents necessary for the purpose of obtaining evidence for the purpose of any proceedings against any person under this Act;\n\n(d) secure any seized documents against interference;\n\n(e) retain possession of the documents in accordance with this Part.\n\n(5) An inspector who executes an order under this section must as soon as practicable after that execution notify the Magistrates' Court in writing of—\n\n(a) the time and place of execution; and\n\n(b) the documents or classes of documents seized; and\n\n(c) if documents were seized under subsection (4)(c) in respect of a contravention other than a contravention for which the order was granted, the contravention in respect of which the documents were seized.\n\n(6) The Magistrates' Court may direct the inspector to bring before the Court a document to which subsection (5)(c) applies so that the matter may be dealt with according to law.\n\n(7) The Magistrates' Court may direct that a document brought before it under subsection (6) be returned to its owner, subject to any condition the Court thinks fit, if in the opinion of the Court it can be returned consistently with the interests of justice.\n\nS. 6E inserted by No. 112/2003 s. 5 .\n\n\t6E Entry of premises open to the public\n\nAn inspector may do either or both of the following—\n\n(a) enter and inspect any part of premises which are, at the time of the entry and inspection, open to the public;\n\n(b) purchase goods at the premises at such a time and at such a price at which they are available to the public to purchase.\n\nS. 6F inserted by No. 112/2003 s. 5 .\n\n\t6F Protection against self-incrimination\n\n(1) It is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do by or under this Part, if the giving of the information or the doing of that other thing would tend to incriminate the person.\n\n(2) Despite subsection (1), it is not a reasonable excuse for a natural person to refuse or fail to produce a document that the person is required to produce by or under this Part, if the production of the document would tend to incriminate the person.\n\nS. 6G inserted by No. 112/2003 s. 5 .\n\n\t6G Confidentiality\n\n(1) An inspector must not, except to the extent necessary to carry out the inspector's functions under this Part, give to any other person, whether directly or indirectly, any information acquired by the inspector in carrying out those functions.\n\n1. 60 penalty units.\n\n\n(2) Subsection (1) does not apply to the giving of information—\n\n(a) to a court or tribunal in the course of legal proceedings; or\n\n(b) pursuant to an order of a court or tribunal; or\n\n(c) to the extent reasonably required to enable the investigation or the enforcement of a law of this State or of any other State or Territory or of the Commonwealth; or\n\n(d) with the written authority of the Secretary; or\n\n(e) with the written authority of the person to whom the information relates.\n\nPart 3—Miscellaneous\n\n\t7 Voiding of certain lease provisions\n\nS. 7(1) amended by Nos 4/2003 s. 122(1), 112/2003 s. 6(a)–(c).\n\n(1) A provision of a lease or agreement relating to retail premises within the meaning of the **Retail Leases Act 2003** situated within a metropolitan municipal district (whether entered into before or after the commencement of this section) that purports to require the premises to be open between the hours of 5:00 pm and midnight on a Saturday or at any time on a Sunday or a public holiday where the premises are located is void.\n\nS. 7(2) amended by Nos 4/2003 s. 122(1), 112/2003 s. 6(a)–(c).\n\n(2) A provision of a lease or agreement relating to retail premises within the meaning of the **Retail Leases Act 2003** situated outside a metropolitan municipal district (whether entered into before or after the commencement of this section) that purports to require the premises to  be open between the hours of 1:00 pm and midnight on a Saturday or at any time on a Sunday or a public holiday where the premises are located is void.\n\nS. 7(3) amended by Nos 14/1998  \ns. 51, 4/2003 s. 122(2)  \n(a)–(c).\n\n(3) If a dispute arises between the parties to a retail premises lease to which the **Retail Leases Act 2003** applies as to a requirement by the landlord of a kind referred to in subsection (1) or (2), as the case requires, then Part 10 of that Act applies to the dispute as if it were a retail tenancy dispute within the meaning of that Part.\n\n\t8 Prosecutions under this Act\n\n(1) In a proceeding for an offence against this Act—\n\n(a) it is sufficient to allege that a shop is a shop for the purposes of this Act without further allegation;\n\n(b) it is sufficient to state the name of the ostensible occupier of any premises or the name or title by which the occupier is usually known;\n\nS. 8(1)(c) amended by No. 68/2009 s. 97(Sch. item 113).\n\n(c) the onus of proof that a person named in a charge is not an occupier of the premises is on the accused;\n\n(d) it is not a defence that the occupier of a shop was not in the State when the alleged offence was committed;\n\n(e) a shop is deemed not to have been closed at a time at which it is proved that—\n\n(i) goods were sold or offered or exposed for sale at the shop; or\n\n(ii) goods were available for inspection by persons within the shop; or\n\nS. 8(1)(e)(iii) repealed by No. 112/2003 s. 7(1)(a).\n\n* * * * *\n\n(iv) goods that had previously been sold or ordered were delivered or were available for delivery at the shop to the person who bought or ordered them or to some other person on behalf of that person; or\n\nS. 8(1)(e)(v) amended by No. 112/2003 s. 7(1)(b).\n\n(v) orders for goods were received by a person in attendance at the shop.\n\nS. 8(2) repealed by No. 13/2013 s. 37.\n\n* * * * *\n\n(3) If in a proceeding for an offence against this Act it is necessary to establish the intention of a body corporate, it is sufficient to show that an officer of the body corporate had that intention.\n\nS. 8A inserted by No. 13/2013 s. 38.\n\n\t8A Criminal liability of officers of bodies corporate—accessorial liability\n\n(1) If a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision if the officer—\n\n(a) authorised or permitted the commission of the offence by the body corporate; or\n\n(b) was knowingly concerned in any way (whether by act or omission) in the commission of the offence by the body corporate.\n\n(2) For the purposes of subsection (1), the following provisions are specified—\n\n(a) section 5(2);\n\n(b) section 5(3).\n\n(3) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear.\n\n(4) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision.\n\n(5) In this section—\n\n***body corporate*** has the same meaning as corporation has in section 57A of the Corporations Act;\n\n***officer*** in relation to a body corporate means—\n\n(a) a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or\n\n(b) a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate.\n\nS. 8A(6) substituted by No. 20/2015 s. 56(Sch. 1 item 10).\n\n(6) This section does not affect the operation of Subdivision (1) of Division 1 of Part II of the **Crimes Act 1958**.\n\n\t9 Restraining orders\n\nS. 9(1) amended by No. 2/2008 s. 29(a).\n\n(1) The County Court may grant an order restraining a person from engaging in conduct that constitutes or would constitute an offence against this Act if the Court is satisfied that the person has wilfully and repeatedly engaged in conduct of that kind.\n\n(2) An order may only be granted under subsection (1) on the application of—\n\n(a) in the case of conduct that constitutes or would constitute an offence against this Act—\n\nS. 9(2)(a)(i) substituted by No. 112/2003 s. 7(2).\n\n(i) the Secretary; or\n\nS. 9(2)(a)(ii) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 182.3).\n\n(ii) an employee within the meaning of the **Public Administration Act 2004** who is authorised in writing by the Minister to apply, either generally or in relation to the particular case; or\n\nS. 9(2)(b) repealed by No. 2/2008 s. 29(b).\n\n* * * * *\n\nS. 9(2)(c) amended by No. 2/2008 s. 29(c).\n\n(c) in any case, a person aggrieved by the conduct that constitutes or would constitute an offence against this Act.\n\n(3) The County Court may rescind or vary an order granted under subsection (1).\n\nS. 9(4) amended by No. 2/2008 s. 29(d).\n\n(4) The County Court may exercise its powers under this section in relation to a person whether or not proceedings have been brought against the person for an offence against this Act.\n\n\t10 Supreme Court—limitation of jurisdiction\n\nIt is the intention of section 7(3) to alter or vary section 85 of the **Constitution Act 1975**.\n\n\t11 Regulations\n\nS. 11(1) substituted by No. 2/2008 s. 30(1).\n\n(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\n(2) Regulations made under this Act—\n\n(a) may be made so as to require a matter affected by the regulations to be approved by or to the satisfaction of a specified person or a specified class of persons;\n\nS. 11(2)(b) substituted by No. 23/2002 s. 202, repealed by No. 2/2008 s. 30(2).\n\n* * * * *\n\n(c) may be made so as to confer a discretionary authority or impose a duty on a specified person or a specified class of persons.\n\nS. 11(3) inserted by No. 112/2003 s. 8.\n\n(3) The Minister may only recommend the making of regulations prescribing a kind of business for the purposes of section 4(1)(d) if the business is one of selling goods that, in the opinion of the Minister, are essential goods.\n\nS. 12  \nrepealed by No. 112/2003 s. 9, new s. 12 inserted by No. 13/2013 s. 40.\n\n\t12 Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013\n\n(1) For the avoidance of doubt, section 8A applies with respect to an offence against a provision specified in subsection (2) of that section that is alleged to have been committed by a body corporate on or after the commencement of section 38 of the **Statute Law Amendment (Directors' Liability) Act 2013**.\n\n(2) This section does not limit section 14 of the **Interpretation of Legislation Act 1984**.\n\nSs 13, 14 repealed by No. 112/2003 s. 9.\n\n* * * * *\n\nSch. (Heading) repealed by No. 43/2012 s. 3(Sch. item 49).\n\n* * * * *\n\nSch. 1 repealed by No. 112/2003 s. 10.\n\n* * * * *\n\nSch. 2 repealed by No. 2/2008 s. 31.\n\n* * * * *\n\n\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 12 September 1996*\n\n*Legislative Council: 16 October 1996*\n\nThe long title for the Bill for this Act was \"A Bill to provide for the management of shop trading in Victoria, to repeal the **Shop Trading Act** **1987** and the **Capital City (Shop Trading) Act 1992** and for other purposes.\"\n\n**Constitution Act 1975:**\n\n*Section 85(5) statement:*\n\n*Legislative Assembly: 12 September 1996*\n\n*Legislative Council: 16 October 1996*\n\n*Absolute majorities:*\n\n*Legislative Assembly: 15 October 1996*\n\n*Legislative Council: 29 October 1996 and 30 October 1996*\n\nThe **Shop Trading Reform Act 1996** was assented to on 6 November 1996 and came into operation as follows:\n\nSections 1–4 on 6 November 1996: section 2(1); rest of Act on 26 November 1996: Government Gazette 21 November 1996 page 2971.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates  amendments made to the **Shop Trading Reform Act 1996** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Retail Tenancies Reform Act 1998, No. 14/1998**\n\n| Assent Date: | 28.4.98 |\n| --- | --- |\n| Commencement Date: | S. 51 on 1.7.98: Government Gazette 18.6.98 p. 1511 |\n| Current State: | This information relates only to the provision/s amending the **Shop Trading Reform Act 1996** |\n\n\n**Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998**\n\n| Assent Date: | 26.5.98 |\n| --- | --- |\n| Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Shop Trading Reform Act 1996** |\n\n\n**Corporations (Consequential Amendments) Act 2001, No. 44/2001**\n\n| Assent Date: | 27.6.01 |\n| --- | --- |\n| Commencement Date: | S. 3(Sch. item 102) on 15.7.01: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Shop Trading Reform Act 1996** |\n\n\n**Electoral Act 2002, No. 23/2002**\n\n| Assent Date: | 12.6.02 |\n| --- | --- |\n| Commencement Date: | S. 202 on 1.9.02: Government Gazette 29.8.02 p. 2333 |\n| Current State: | This information relates only to the provision/s amending the **Shop Trading Reform Act 1996** |\n\n\n**Public Holidays and Shop Trading Reform Acts (Amendment) Act 2003, No. 1/2003**\n\n| Assent Date: | 2.4.03 |\n| --- | --- |\n| Commencement Date: | Ss 5, 6 on 3.4.03: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Shop Trading Reform Act 1996** |\n\n\n**Retail Leases Act 2003, No. 4/2003**\n\n| Assent Date: | 15.4.03 |\n| --- | --- |\n| Commencement Date: | S. 122 on 1.5.03: s. 2(5) |\n| Current State: | This information relates only to the provision/s amending the **Shop Trading Reform Act 1996** |\n\n\n**Shop Trading Reform (Essential Goods Amendment) Act 2003, No. 5/2003**\n\n| Assent Date: | 15.4.03 |\n| --- | --- |\n| Commencement Date: | S. 3 on 15.4.03: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Shop Trading Reform Act 1996** |\n\n\n**ANZAC Day (Amendment) Act 2003, No. 96/2003**\n\n| Assent Date: | 2.12.03 |\n| --- | --- |\n| Commencement Date: | S. 18 on 3.12.03: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Shop Trading Reform Act 1996** |\n\n\n**Shop Trading Reform (Simplification) Act 2003, No. 112/2003**\n\n| Assent Date: | 9.12.03 |\n| --- | --- |\n| Commencement Date: | 10.12.03: s. 2 |\n| Current State: | All of Act in operation |\n\n\n**Public Administration Act 2004, No. 108/2004**\n\n| Assent Date: | 21.12.04 |\n| --- | --- |\n| Commencement Date: | S. 117(1)(Sch. 3 item 182) on 5.4.05: Government Gazette 31.3.05 p. 602 |\n| Current State: | This information relates only to the provision/s amending the **Shop Trading Reform Act 1996** |\n\n\n**Fair Trading and Consumer Acts Further Amendment Act 2008, No. 2/2008**\n\n| Assent Date: | 11.2.08 |\n| --- | --- |\n| Commencement Date: | Ss 27–31 on 12.2.08: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Shop Trading Reform Act 1996** |\n\n\n**Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009**\n\n| Assent Date: | 24.11.09 |\n| --- | --- |\n| Commencement Date: | S. 97(Sch. item 113) on 1.1.10: Government Gazette 10.12.09 p. 3215 |\n| Current State: | This information relates only to the provision/s amending the **Shop Trading Reform Act 1996** |\n\n\n**Shop Trading Reform Amendment (Easter Sunday) Act 2011, No. 3/2011**\n\n| Assent Date: | 29.3.11 |\n| --- | --- |\n| Commencement Date: | Ss 3, 4 on 30.3.11: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Shop Trading Reform Act 1996** |\n\n\n**Statute Law Revision Act 2012, No. 43/2012**\n\n| Assent Date: | 27.6.12 |\n| --- | --- |\n| Commencement Date: | S. 3(Sch. item 49) on 28.6.12: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Shop Trading Reform Act 1996** |\n\n\n**Statute Law Amendment (Directors' Liability) Act 2013, No. 13/2013**\n\n| Assent Date: | 13.3.13 |\n| --- | --- |\n| Commencement Date: | Ss 37–40 on 14.3.13: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Shop Trading Reform Act 1996** |\n\n\n**Statute Law Revision Act 2013, No. 70/2013**\n\n| Assent Date: | 19.11.13 |\n| --- | --- |\n| Commencement Date: | S. 4(Sch. 2 item 46) on 1.12.13: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Shop Trading Reform Act 1996** |\n\n\n**Justice Legislation Amendment Act 2015, No. 20/2015**\n\n| Assent Date: | 16.6.15 |\n| --- | --- |\n| Commencement Date: | S. 56(Sch. 1 item 10) on 17.6.15: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Shop Trading Reform Act 1996** |\n\n\n**Local Government Act 2020, No. 9/2020**\n\n| Assent Date: | 24.3.20 |\n| --- | --- |\n| Commencement Date: | S. 390(Sch. 1 item 93) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Shop Trading Reform Act 1996** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Amendments Not in Operation\n\nThis version does not contain amendments that are not yet in operation.\n\n4 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient content was provided to assess whether the scope changed from the original intent. The document contains only structural metadata (title, version status, act number) with no substantive provisions to analyse."},"complexity_factors":["Insufficient legislative content was provided to assess true complexity — only metadata/version history was included","Shop trading legislation of this era typically involves moderate complexity around exemptions and definitions","Score reflects the limited information available rather than the Act's inherent complexity"],"plain_english_summary":"## Shop Trading Reform Act 1996 (Victoria)\n\nThis appears to be a Victorian law from 1996 that deals with **shop trading rules** — essentially when shops are allowed to be open for business. However, the document provided contains only the **metadata shell** of the legislation (title, version history, status indicators) without the actual substantive content of the Act.\n\n**What we can tell:**\n- It is Act number 38/1996, meaning it was the 38th Act passed in Victoria in 1996\n- It is currently **in force** (active law)\n- A consolidated version exists, meaning it has likely been amended since originally made\n\n**What this type of law typically covers:**\n- Which days and hours shops can trade (including Sundays and public holidays)\n- Which types of shops are exempt from trading restrictions\n- Penalties for shops that trade outside permitted hours\n- Who enforces the rules\n\n**Who it affects:** Retail shop owners, employees, and shoppers — particularly around holiday and weekend trading.\n\n⚠️ *Note: The full text of the Act was not provided, so a complete analysis of its specific provisions cannot be made.*"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1996 purpose of simply setting shop closing times. The original Act has been expanded to include: (1) a comprehensive enforcement regime with inspector powers, court orders, and document seizure (Part 2A added 2003); (2) corporate officer liability provisions making directors and managers personally liable for offences (section 8A added 2013); (3) complex small business exemption calculations; and (4) lease voiding provisions that intervene in private commercial contracts. The 2003 'Simplification' Act ironically added the enforcement machinery, suggesting the original scope was too narrow to be effective without regulatory teeth."},"complexity_factors":["Multiple cross-references to other Acts (Local Government Act 2020, Public Holidays Act 1993, Retail Leases Act 2003, Public Administration Act 2004, Corporations Act, Crimes Act 1958)","Complex calculation method for small business exemption (section 4(2)-(3)) requiring aggregation of related corporate entities and conversion of hours worked to full-time equivalents (38-hour divisor)","Geographic distinctions between metropolitan and non-metropolitan municipal districts with different lease voiding rules (section 7)","Nested definitions including 'occupier' which captures apparent managers and employers, not just legal tenants","Conditional enforcement powers requiring Secretary approval and Magistrates' Court orders (Part 2A)","Multiple amendment layers (Version 045) with historical provisions repealed and substituted, creating interpretive complexity regarding transitional matters"],"plain_english_summary":"**What this law does:**\n\nThis is a Victorian law that sets rules about when shops must close. It requires most shops to shut on certain public holidays and religious observances—specifically **Good Friday, Christmas Day, and the morning of ANZAC Day** (before 1:00 pm).\n\n**Who it affects:**\n\n*   **Shop owners and occupiers** (including managers and employers working in the shop) who must close their doors during these times or face fines.\n*   **Employees** who cannot advertise that the shop will be open during prohibited hours.\n*   **Landlords**—the law voids lease clauses that force tenants to open during restricted times (Saturday evenings and Sundays in Melbourne; Saturday afternoons and Sundays in regional areas).\n\n**Key exemptions:**\n\nNot all shops have to close. **Exempt shops** include:\n*   Pharmacies (chemists)\n*   Petrol stations\n*   Restaurants, cafes and takeaway food outlets\n*   Small businesses with 20 or fewer staff working at any given time, provided the total workforce across all shops owned by that business in Victoria doesn't exceed 100 people (calculated as full-time equivalents).\n\n**Enforcement:**\n\nGovernment inspectors can enter public premises, investigate suspected breaches, and apply to court for orders requiring people to answer questions or hand over documents. There are protections against self-incrimination (you don't have to give information that would incriminate you), though you must still produce documents if ordered. The law also allows the County Court to issue restraining orders against repeat offenders.\n\n**Why it matters:**\n\nThis law balances commercial activity with cultural and religious observances, ensuring workers get time off on significant days while allowing essential services and small businesses to keep operating. It also protects tenants from being forced by landlords to trade during restricted hours."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act's original aim—management of shop trading—is present throughout, but its operational scope has been expanded by later amendments that added a formal inspectorial enforcement regime and strengthened corporate officer liability, and that altered lease/retail tenancy interactions. Notable changes in the text include the insertion of Part 2A (inspectors and enforcement powers) by an amendment in 2003 (see Part 2A: sections 6A–6G, inserted by No. 112/2003 s.5), the voiding of certain lease provisions affecting retail leases (section 7 was amended by Nos 4/2003 and 112/2003 s.6), and the creation of criminal liability for officers of bodies corporate in 2013 (section 8A, inserted by No. 13/2013 s.38). These amendments broaden enforcement tools and accountability mechanisms beyond the Act's original trading-hours rules."},"complexity_factors":["Cross-references to multiple external Acts for definitions and procedure (Local Government Act 2020, Retail Leases Act 2003, Corporations Act, Public Administration Act 2004) (see section 3 and section 8A).","Layered exemption rules combining categorical exemptions and a size-based test that aggregates employees across related corporations and converts hours to full‑time equivalents (section 4(1)–(3)).","Enforcement regime requiring Secretary approval, appointment of inspectors, court applications for compulsory answers and document seizure, plus separate inspectorial powers for premises open to the public (sections 6A, 6D, 6E).","Criminal and evidentiary provisions that create officer-level liability and shift evidential burdens in prosecutions (sections 5 note, 8, 8A).","Civil relief mechanisms (voiding lease provisions and County Court restraining orders) that interact with retail leasing law and court processes (sections 7 and 9).","Regulatory delegation and ministerial recommendation constraints (regulations may prescribe businesses as essential goods only on Minister's recommendation) (section 11(3)).","Procedural protections and limits (confidentiality obligations, self-incrimination carve-outs, and court control over seized documents) that require careful operational handling (sections 6F, 6G, 6D(4)–(7))."],"plain_english_summary":"What this law does (mechanics first)\n\n- Sets mandatory shop closing rules: all \"shops\" that are not \"exempt shops\" must be closed during \"ordinary shop closing times\" (section 5(1)–(2)). \"Ordinary shop closing times\" are defined in the Act (see definition in section 3: Good Friday, Christmas Day and between 12:01 am and 1:00 pm on ANZAC Day).\n- Defines which businesses are exempt from those closing rules: chemist shops, petrol stations, places selling ready-to-eat meals, and any other business type prescribed by regulation; and it creates a size-based exemption for small employers (section 4(1)–(2)). Employee counts for exemption are aggregated across related corporations and converted into full‑time equivalents (section 4(3)).\n- Prohibits occupiers (and their employees) of non-exempt shops from publishing statements that the shop will be open, that someone will sell or take orders there, or that goods may be inspected or delivered during ordinary closing times (section 5(3)). Penalties apply to breaches (section 5; the provision notes 100 penalty units).\n- Empowers the Secretary to appoint inspectors, who receive identity cards and may be authorised to seek court orders to compel answers, documents and production, to inspect or seize documents, and to enter premises open to the public and purchase goods (sections 6A–6E). Inspectors must protect confidentiality and are subject to limits on disclosure (section 6G). There is a limited protection against self-incrimination for persons questioned, but compulsory production of documents is not excused on that ground (section 6F).\n- Voids lease or agreement clauses that purport to require retail premises to be open at specified weekend or public holiday hours (section 7).\n- Sets prosecutorial and evidential rules for offences under the Act, including that the onus is on an accused to show they are not the occupier named in a charge, and that the intention of a body corporate may be shown by the intention of an officer (section 8). It also makes officers of bodies corporate criminally liable if they authorised or were knowingly concerned in corporate contraventions of the opening/advertising provisions (section 8A).\n- Provides for restraining orders by the County Court, and for regulations and Ministerial recommendation rules about prescribing businesses for exemption (sections 9, 11(3)).\n\nWho this affects and who decides (practical lines of authority)\n\n- Who must comply: occupiers of shops that are not exempt, and employees who act on behalf of such occupiers (sections 3 definition of \"occupier\", 5(1)–(3)).\n- Who benefits from being able to trade at restricted times: businesses falling into the exempt categories or meeting the small-employer test (section 4).\n- Who enforces and decides: the Secretary appoints inspectors (6A); inspectors may apply to the Magistrates' Court for orders but need the Secretary's written approval before applying (6D(1)); the Magistrates' Court may issue and control orders and deal with seized documents (6D(2)–(7)); the County Court may grant restraining orders (9). The Governor in Council makes regulations; the Minister may recommend which businesses may be prescribed as exempt for essential goods (11(3)).\n\nCosts, incentives and trade-offs (source-grounded testing of the stated purpose)\n\n- Direct compliance costs and sanctions: non-exempt occupiers must keep premises closed at the stated times and may not advertise being open; contravention carries statutory penalties (section 5). Producing documents and answering court-ordered questions (section 6D) imposes time and record-keeping costs on businesses and individuals.\n- Concentrated vs diffuse effects: exemptions (section 4) concentrate the right to trade during restricted times in specific business classes (chemists, petrol, food-to-eat, prescribed businesses) and in small employers meeting employee thresholds; these categories gain revenue opportunities during times others cannot trade (section 4(1)–(2)). The Act requires aggregation of employees across related corporations for that small-employer test, which increases compliance complexity for groups of related companies (section 4(3)(a)).\n- Effects on contractual freedom: lease clauses that would force tenants to open at certain weekend or public holiday hours are void (section 7). That changes bargaining outcomes between landlords and tenants by removing a contractual enforcement tool.\n- Enforcement design and discretion: enforcement relies on appointed inspectors and court-ordered powers (6A, 6D). Inspectors need written Secretary approval before applying for court orders (6D(1)), and regulations may confer discretionary authorities (11). Those points concentrate operational discretion in the Secretary and courts.\n- Evidence, privacy and procedural trade-offs: inspectors may seize and retain documents under court orders and must notify the court of seizures (6D(4)–(5)). Inspectors are subject to confidentiality obligations but may disclose information for lawful investigations or with authorisation (6G). Natural persons may refuse to answer questions if answers would incriminate them, but they cannot rely on that to avoid producing documents ordered under this Part (6F).\n- Corporate governance and deterrence: officers of bodies corporate can be charged if they authorised or were knowingly concerned in corporate contraventions of the closing/advertising rules (8A). This creates a prosecution channel aimed at individuals within entities as well as at the corporate entity (8A(1)–(4)).\n\nImplementation risk and administrative burden\n\n- Enforcement requires court involvement to obtain compulsory answers and documents (6D), which may slow rapid investigation or require resource allocation to courts and the Secretary. Inspectors can only act under court orders for certain powers (6D), though they may enter premises open to the public without a court order for inspection and purchase goods (6E).\n- The Act cross-references and relies on other statutes for key definitions and procedures (for example, Local Government Act 2020 for \"Council\", Retail Leases Act 2003 for \"retail premises\", and Corporations Act for corporate definitions in section 8A). Those cross-references can complicate compliance because the operational meaning of terms depends on other laws (see definitions and section 8A).\n\nHow the measure affects private enterprise and choice (direct, source-based statements)\n\n- Restricts when most shops may trade (s5), which reduces the hours available for retail revenue generation for non-exempt shops.\n- Preserves trading opportunities for specified exempt categories and small employers, and allows regulations to add prescribed essential-goods sellers (s4(1), s4(2), s11(3)).\n- Limits landlords' ability to require tenants to open at particular times by voiding such lease clauses (s7), affecting commercial negotiations between landlords and tenants.\n- Limits speech by occupiers and employees regarding trading during restricted times (s5(3)).\n\nSummary of practical consequences (who pays, who decides, what changes behaviour)\n\n- Who pays: occupiers who trade or advertise trading during ordinary closing times face penalties (s5); corporate officers who authorise contraventions may face criminal charges (s8A).\n- Who decides: the Secretary appoints inspectors and must approve inspector applications to court (6A, 6D(1)); Magistrates' and County Courts issue orders and restraining orders (6D, 9); the Governor in Council makes regulations and the Minister recommends prescribed exemptions for essential goods (11, 11(3)).\n- Behavioural change: non-exempt occupiers must keep premises closed at stated times and must not advertise opening; exempt businesses and small employers can continue trading; landlords cannot bind tenants to open at certain restricted hours by lease clause (s5, s4, s7).\n\nSources cited are internal to the Act: sections 3, 4, 5, 6A–6G, 7, 8, 8A, 9 and 11."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/shop-trading-reform-act-1996","history":"/api/acts/shop-trading-reform-act-1996/history","analysis":"/api/acts/shop-trading-reform-act-1996/analysis","conflicts":"/api/acts/shop-trading-reform-act-1996/conflicts","importantCases":"/api/acts/shop-trading-reform-act-1996/important-cases","documents":"/api/acts/shop-trading-reform-act-1996/documents"}}