{"id":"qld:act-1990-034","name":"Trading (Allowable Hours) Act 1990","slug":"trading-allowable-hours-act-1990","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"34 of 1990","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104884,"registerId":"qld-act-1990-034-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Trading (Allowable Hours) Act 1990 .\ns 1 amd 1994 No. 23 s 4","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nSection 1 and this section commence on the day this Act is assented to for and on behalf of Her Majesty.\nExcept as provided by subsection (1) , the provisions of this Act, commence on a day appointed by proclamation.\ns 2 amd 1994 No. 24 s 3 sch\n(sec.2-ssec.1) Section 1 and this section commence on the day this Act is assented to for and on behalf of Her Majesty.\n(sec.2-ssec.2) Except as provided by subsection (1) , the provisions of this Act, commence on a day appointed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Objects of Act","content":"### sec.3 Objects of Act\n\nThe objects of this Act include—\nto decide the allowable trading hours of non-exempt shops and independent retail shops throughout Queensland;\nto require employees be given a holiday for, and to decide when certain places must close on, Anzac Day;\nto provide for closure of banks and insurance companies on bank holidays;\nto prohibit soliciting in any publication for business to be transacted outside allowable trading hours at any factory or shop;\nto facilitate trading in tourist areas.\ns 3 amd 1994 No. 23 s 5 ; 1995 No. 4 s 33 sch ; 2002 No. 3 s 5 ; 2017 No. 26 s 3\n- (a) to decide the allowable trading hours of non-exempt shops and independent retail shops throughout Queensland;\n- (b) to require employees be given a holiday for, and to decide when certain places must close on, Anzac Day;\n- (c) to provide for closure of banks and insurance companies on bank holidays;\n- (d) to prohibit soliciting in any publication for business to be transacted outside allowable trading hours at any factory or shop;\n- (e) to facilitate trading in tourist areas.","sortOrder":3},{"sectionNumber":"sec.1.4","sectionType":"section","heading":null,"content":"### Section sec.1.4\n\ns 1.4 prev s 1.4 om 21 February 1994 RA s 40\nnew s 1.4 ins 1994 No. 23 s 3 sch\nom 10 June 1994 RA s 39","sortOrder":4},{"sectionNumber":"sec.1.5","sectionType":"section","heading":null,"content":"### Section sec.1.5\n\ns 1.5 prev s 1.5 om 21 February 1994 RA s 40\nnew s 1.5 ins 1994 No. 23 s 3 sch\nexp 16 May 1994 (see s 1.5(2))","sortOrder":5},{"sectionNumber":"sec.1.6","sectionType":"section","heading":null,"content":"### Section sec.1.6\n\ns 1.6 om 1994 No. 23 s 3 sch","sortOrder":6},{"sectionNumber":"pt.2","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":7},{"sectionNumber":"sec.4","sectionType":"section","heading":"Definitions","content":"### sec.4 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.\ns 4 amd 2013 No. 61 s 106 ; 2022 No. 17 s 29 sch 1\nNote—prev s 4 contained definitions for this Act. Definitions are now located in schedule 1 (Dictionary). Annotations for definitions contained in prev s 4 are located in annotations for sch 1.","sortOrder":8},{"sectionNumber":"sec.5","sectionType":"section","heading":"Exempt shops","content":"### sec.5 Exempt shops\n\nAn exempt shop is—\na shop of a description mentioned in schedule 1AA used predominantly for selling goods by retail, or for supplying services, a reasonable person would expect to be sold or supplied in that shop; or\nan independent retail shop; or\na shop operating in an area to which a special event declaration applies.\nA class of shop may be declared for the purposes of schedule 1AA , item 23 by reference to—\nthe business conducted in shops of the class; or\nthe location of shops within any area or areas of the State defined in the relevant regulation; or\nsuch other criteria as the Governor in Council thinks fit.\nIn respect of the sale of goods wholesale in an exempt shop the provisions of this Act apply to the shop and a reference in this Act to an exempt shop does not include the shop.\ns 5 amd 1994 No. 23 s 7 ; 1994 No. 80 s 67 sch 1 ; 2017 No. 26 s 4 ; 2022 No. 17 s 7\n(sec.5-ssec.1) An exempt shop is— a shop of a description mentioned in schedule 1AA used predominantly for selling goods by retail, or for supplying services, a reasonable person would expect to be sold or supplied in that shop; or an independent retail shop; or a shop operating in an area to which a special event declaration applies.\n(sec.5-ssec.2) A class of shop may be declared for the purposes of schedule 1AA , item 23 by reference to— the business conducted in shops of the class; or the location of shops within any area or areas of the State defined in the relevant regulation; or such other criteria as the Governor in Council thinks fit.\n(sec.5-ssec.3) In respect of the sale of goods wholesale in an exempt shop the provisions of this Act apply to the shop and a reference in this Act to an exempt shop does not include the shop.\n- (a) a shop of a description mentioned in schedule 1AA used predominantly for selling goods by retail, or for supplying services, a reasonable person would expect to be sold or supplied in that shop; or\n- (b) an independent retail shop; or\n- (c) a shop operating in an area to which a special event declaration applies.\n- (a) the business conducted in shops of the class; or\n- (b) the location of shops within any area or areas of the State defined in the relevant regulation; or\n- (c) such other criteria as the Governor in Council thinks fit.","sortOrder":9},{"sectionNumber":"sec.6","sectionType":"section","heading":"Independent retail shops","content":"### sec.6 Independent retail shops\n\nSubject to subsections (2) and (3) , an independent retail shop is a shop where—\nthe business for which the shop is maintained is wholly owned by a person, or by persons in partnership, or by a proprietary company within the meaning of the Corporations Act , section 9 , that is not a related body corporate under the Corporations Act , section 50 ; and\nthe number of persons engaged at any one time in the shop (including an owner of the business) does not exceed 30; and\nthe number of persons at any one time engaged by the owner of the business (including an owner of the business) in that and any other shop or shops (exempt or non-exempt) in the State does not exceed 100; and\nthe business for which the shop is maintained is not conducted in a shop, or part thereof, used for the conduct of business of a non-exempt shop at a time when the non-exempt shop is required by or under this Act to be closed.\nA shop is not an independent retail shop if—\nit is an exempt shop mentioned in section 5 (1) (a) or (c) ;\nit is an office;\nthe business of the shop is, wholly or partly—\nthe selling of goods wholesale;\nthe selling of motor vehicles or caravans;\nit is a stall in a market.\nIf business is conducted in 2 or more areas within a building in such circumstances that it would be reasonable to believe that the business in each such area is part of 1 business conducted by any 1 person, or persons in partnership, none of such areas is an independent retail shop unless all areas together would constitute an independent retail shop as defined by subsection (1) if such belief were correct.\nEach of the following circumstances is evidence of the reasonableness of a belief such as is referred to in subsection (3) —\nthe absence of walls, or fixed partitions, from floor to ceiling, defining the limits of one area used for trade in relation to another area used for trade;\nthe availability of access from one area used for trade to another area used for trade, without the need to pass through common area;\nthe availability of access from one area used for trade to another area used for trade through common area, without the need to pass through a structurally defined exit or entrance;\nthe making of financial arrangements in relation to trade in any area at a location used for making such arrangements in relation to—\ntrade in that area; and\ntrade in any other area;\nthe use of a common accounting system in respect of 2 or more areas;\nthe use of any advertising device, or means of advertising, that does not indicate that business conducted in each of 2 or more areas is conducted by a different proprietor.\nFor the purpose of applying subsection (3) in a particular case—\nit is not necessary that any person has formed a belief, such as is referred to in that subsection;\nsubsection (4) is not to be construed as exhaustive of circumstances evidencing reasonableness of a belief, such as is referred to in subsection (3) , which could be formed.\ns 6 amd 1997 No. 1 s 495 sch 4 ; 2001 No. 45 s 29 sch 3 ; 2017 No. 26 s 5\n(sec.6-ssec.1) Subject to subsections (2) and (3) , an independent retail shop is a shop where— the business for which the shop is maintained is wholly owned by a person, or by persons in partnership, or by a proprietary company within the meaning of the Corporations Act , section 9 , that is not a related body corporate under the Corporations Act , section 50 ; and the number of persons engaged at any one time in the shop (including an owner of the business) does not exceed 30; and the number of persons at any one time engaged by the owner of the business (including an owner of the business) in that and any other shop or shops (exempt or non-exempt) in the State does not exceed 100; and the business for which the shop is maintained is not conducted in a shop, or part thereof, used for the conduct of business of a non-exempt shop at a time when the non-exempt shop is required by or under this Act to be closed.\n(sec.6-ssec.2) A shop is not an independent retail shop if— it is an exempt shop mentioned in section 5 (1) (a) or (c) ; it is an office; the business of the shop is, wholly or partly— the selling of goods wholesale; the selling of motor vehicles or caravans; it is a stall in a market.\n(sec.6-ssec.3) If business is conducted in 2 or more areas within a building in such circumstances that it would be reasonable to believe that the business in each such area is part of 1 business conducted by any 1 person, or persons in partnership, none of such areas is an independent retail shop unless all areas together would constitute an independent retail shop as defined by subsection (1) if such belief were correct.\n(sec.6-ssec.4) Each of the following circumstances is evidence of the reasonableness of a belief such as is referred to in subsection (3) — the absence of walls, or fixed partitions, from floor to ceiling, defining the limits of one area used for trade in relation to another area used for trade; the availability of access from one area used for trade to another area used for trade, without the need to pass through common area; the availability of access from one area used for trade to another area used for trade through common area, without the need to pass through a structurally defined exit or entrance; the making of financial arrangements in relation to trade in any area at a location used for making such arrangements in relation to— trade in that area; and trade in any other area; the use of a common accounting system in respect of 2 or more areas; the use of any advertising device, or means of advertising, that does not indicate that business conducted in each of 2 or more areas is conducted by a different proprietor.\n(sec.6-ssec.5) For the purpose of applying subsection (3) in a particular case— it is not necessary that any person has formed a belief, such as is referred to in that subsection; subsection (4) is not to be construed as exhaustive of circumstances evidencing reasonableness of a belief, such as is referred to in subsection (3) , which could be formed.\n- (a) the business for which the shop is maintained is wholly owned by a person, or by persons in partnership, or by a proprietary company within the meaning of the Corporations Act , section 9 , that is not a related body corporate under the Corporations Act , section 50 ; and\n- (b) the number of persons engaged at any one time in the shop (including an owner of the business) does not exceed 30; and\n- (c) the number of persons at any one time engaged by the owner of the business (including an owner of the business) in that and any other shop or shops (exempt or non-exempt) in the State does not exceed 100; and\n- (d) the business for which the shop is maintained is not conducted in a shop, or part thereof, used for the conduct of business of a non-exempt shop at a time when the non-exempt shop is required by or under this Act to be closed.\n- (a) it is an exempt shop mentioned in section 5 (1) (a) or (c) ;\n- (b) it is an office;\n- (c) the business of the shop is, wholly or partly— (i) the selling of goods wholesale; (ii) the selling of motor vehicles or caravans;\n- (i) the selling of goods wholesale;\n- (ii) the selling of motor vehicles or caravans;\n- (d) it is a stall in a market.\n- (i) the selling of goods wholesale;\n- (ii) the selling of motor vehicles or caravans;\n- (a) the absence of walls, or fixed partitions, from floor to ceiling, defining the limits of one area used for trade in relation to another area used for trade;\n- (b) the availability of access from one area used for trade to another area used for trade, without the need to pass through common area;\n- (c) the availability of access from one area used for trade to another area used for trade through common area, without the need to pass through a structurally defined exit or entrance;\n- (d) the making of financial arrangements in relation to trade in any area at a location used for making such arrangements in relation to— (i) trade in that area; and (ii) trade in any other area;\n- (i) trade in that area; and\n- (ii) trade in any other area;\n- (e) the use of a common accounting system in respect of 2 or more areas;\n- (f) the use of any advertising device, or means of advertising, that does not indicate that business conducted in each of 2 or more areas is conducted by a different proprietor.\n- (i) trade in that area; and\n- (ii) trade in any other area;\n- (a) it is not necessary that any person has formed a belief, such as is referred to in that subsection;\n- (b) subsection (4) is not to be construed as exhaustive of circumstances evidencing reasonableness of a belief, such as is referred to in subsection (3) , which could be formed.","sortOrder":10},{"sectionNumber":"sec.3.1","sectionType":"section","heading":null,"content":"### Section sec.3.1\n\ns 3.1 om 1994 No. 23 s 3 sch","sortOrder":11},{"sectionNumber":"pt.3","sectionType":"part","heading":"Administration","content":"# Administration","sortOrder":12},{"sectionNumber":"sec.7","sectionType":"section","heading":"Confidentiality","content":"### sec.7 Confidentiality\n\nAn industrial inspector or officer appointed for the purposes of this Act is not to disclose to any person information that the inspector or officer has acquired in exercise of powers or performance of duties under this Act or by virtue of holding any appointment unless—\nthe disclosure is for the purposes of this Act and in the proper performance of the duties of office; or\nthe disclosure is made with the Minister’s permission first obtained; or\nthe disclosure is in accordance with an order of a court for the purposes of proceedings before that or another court or before a tribunal constituted according to law.\n- (a) the disclosure is for the purposes of this Act and in the proper performance of the duties of office; or\n- (b) the disclosure is made with the Minister’s permission first obtained; or\n- (c) the disclosure is in accordance with an order of a court for the purposes of proceedings before that or another court or before a tribunal constituted according to law.","sortOrder":13},{"sectionNumber":"sec.8","sectionType":"section","heading":"Industrial inspector’s powers of investigation and enforcement","content":"### sec.8 Industrial inspector’s powers of investigation and enforcement\n\nAn industrial inspector is authorised—\nsubject to section 9 , to enter, inspect and examine at any time any place—\nused or intended to be used, or which the inspector reasonably suspects to be used or intended to be used, as a shop; or\nin which, or in respect of which, the inspector reasonably suspects that a person is contravening or failing to comply with any provision of this Act or of an industrial commission order;\nand therein to carry out such investigation as the inspector considers necessary for the purposes of this Act;\nto question with respect to matters relevant to this Act any person found in any place entered, or any person whom the inspector reasonably believes to be an occupier of such place, or to be or to have been an employee of such an occupier and to require such person to answer truthfully the questions put and to sign a declaration of the truth of the answers given;\nto make such investigations, inquiries and examinations as the inspector considers to be necessary to ascertain whether the provisions of this Act, or of an industrial commission order, are being complied with;\nat any time during the hours when business is, or may be, conducted in any place subject to an industrial commission order to require an occupier of the place to produce for the inspector’s examination all or any time sheets, pay sheets or other records relating to persons employed by the occupier, and to examine and to make copies of or extracts from time sheets, pay sheets or other records;\nto require a person whom the inspector reasonably suspects to have possession or control of records relating to—\nconferral of entitlements to occupy, or to conduct business in, any areas within a building;\nthe identity of the proprietors of businesses conducted in any areas within a building;\nfinancial arrangements suspected to exist between proprietors of businesses conducted in any areas within a building, or between such proprietors and—\nthe owner of the building;\nthe occupier of the whole building;\nthe person by whom such entitlements were conferred;\nto produce for the inspector’s examination such records, which the inspector is authorised to examine and make copies or extracts thereof as the inspector thinks fit;\nto require a person whom the inspector finds committing, or whom the inspector reasonably suspects to have committed, an offence against this Act, or whom the inspector is authorised to question, or whose name and address is, in the inspector’s opinion, reasonably required for the purposes of this Act, to state the person’s name and address and, if the inspector reasonably suspects the name or address stated to be false, to require evidence of the correctness thereof;\nto institute and conduct proceedings in the industrial court, industrial commission or an Industrial Magistrates Court for the purposes of this Act.\nThe authority conferred on an industrial inspector to question an employee of any person includes authority to question the employee out of the presence and hearing of the employer or of any supervisor, deputy, manager or superior officer, or any other employee with respect to any matter.\ns 8 amd 1994 No. 23 s 3 sch ; 2000 No. 5 s 373 sch 2\n(sec.8-ssec.1) An industrial inspector is authorised— subject to section 9 , to enter, inspect and examine at any time any place— used or intended to be used, or which the inspector reasonably suspects to be used or intended to be used, as a shop; or in which, or in respect of which, the inspector reasonably suspects that a person is contravening or failing to comply with any provision of this Act or of an industrial commission order; and therein to carry out such investigation as the inspector considers necessary for the purposes of this Act; to question with respect to matters relevant to this Act any person found in any place entered, or any person whom the inspector reasonably believes to be an occupier of such place, or to be or to have been an employee of such an occupier and to require such person to answer truthfully the questions put and to sign a declaration of the truth of the answers given; to make such investigations, inquiries and examinations as the inspector considers to be necessary to ascertain whether the provisions of this Act, or of an industrial commission order, are being complied with; at any time during the hours when business is, or may be, conducted in any place subject to an industrial commission order to require an occupier of the place to produce for the inspector’s examination all or any time sheets, pay sheets or other records relating to persons employed by the occupier, and to examine and to make copies of or extracts from time sheets, pay sheets or other records; to require a person whom the inspector reasonably suspects to have possession or control of records relating to— conferral of entitlements to occupy, or to conduct business in, any areas within a building; the identity of the proprietors of businesses conducted in any areas within a building; financial arrangements suspected to exist between proprietors of businesses conducted in any areas within a building, or between such proprietors and— the owner of the building; the occupier of the whole building; the person by whom such entitlements were conferred; to produce for the inspector’s examination such records, which the inspector is authorised to examine and make copies or extracts thereof as the inspector thinks fit; to require a person whom the inspector finds committing, or whom the inspector reasonably suspects to have committed, an offence against this Act, or whom the inspector is authorised to question, or whose name and address is, in the inspector’s opinion, reasonably required for the purposes of this Act, to state the person’s name and address and, if the inspector reasonably suspects the name or address stated to be false, to require evidence of the correctness thereof; to institute and conduct proceedings in the industrial court, industrial commission or an Industrial Magistrates Court for the purposes of this Act.\n(sec.8-ssec.2) The authority conferred on an industrial inspector to question an employee of any person includes authority to question the employee out of the presence and hearing of the employer or of any supervisor, deputy, manager or superior officer, or any other employee with respect to any matter.\n- (a) subject to section 9 , to enter, inspect and examine at any time any place— (i) used or intended to be used, or which the inspector reasonably suspects to be used or intended to be used, as a shop; or (ii) in which, or in respect of which, the inspector reasonably suspects that a person is contravening or failing to comply with any provision of this Act or of an industrial commission order; and therein to carry out such investigation as the inspector considers necessary for the purposes of this Act;\n- (i) used or intended to be used, or which the inspector reasonably suspects to be used or intended to be used, as a shop; or\n- (ii) in which, or in respect of which, the inspector reasonably suspects that a person is contravening or failing to comply with any provision of this Act or of an industrial commission order;\n- (c) to question with respect to matters relevant to this Act any person found in any place entered, or any person whom the inspector reasonably believes to be an occupier of such place, or to be or to have been an employee of such an occupier and to require such person to answer truthfully the questions put and to sign a declaration of the truth of the answers given;\n- (d) to make such investigations, inquiries and examinations as the inspector considers to be necessary to ascertain whether the provisions of this Act, or of an industrial commission order, are being complied with;\n- (e) at any time during the hours when business is, or may be, conducted in any place subject to an industrial commission order to require an occupier of the place to produce for the inspector’s examination all or any time sheets, pay sheets or other records relating to persons employed by the occupier, and to examine and to make copies of or extracts from time sheets, pay sheets or other records;\n- (f) to require a person whom the inspector reasonably suspects to have possession or control of records relating to— (i) conferral of entitlements to occupy, or to conduct business in, any areas within a building; (ii) the identity of the proprietors of businesses conducted in any areas within a building; (iii) financial arrangements suspected to exist between proprietors of businesses conducted in any areas within a building, or between such proprietors and— (A) the owner of the building; (B) the occupier of the whole building; (C) the person by whom such entitlements were conferred; to produce for the inspector’s examination such records, which the inspector is authorised to examine and make copies or extracts thereof as the inspector thinks fit;\n- (i) conferral of entitlements to occupy, or to conduct business in, any areas within a building;\n- (ii) the identity of the proprietors of businesses conducted in any areas within a building;\n- (iii) financial arrangements suspected to exist between proprietors of businesses conducted in any areas within a building, or between such proprietors and— (A) the owner of the building; (B) the occupier of the whole building; (C) the person by whom such entitlements were conferred;\n- (A) the owner of the building;\n- (B) the occupier of the whole building;\n- (C) the person by whom such entitlements were conferred;\n- (g) to require a person whom the inspector finds committing, or whom the inspector reasonably suspects to have committed, an offence against this Act, or whom the inspector is authorised to question, or whose name and address is, in the inspector’s opinion, reasonably required for the purposes of this Act, to state the person’s name and address and, if the inspector reasonably suspects the name or address stated to be false, to require evidence of the correctness thereof;\n- (h) to institute and conduct proceedings in the industrial court, industrial commission or an Industrial Magistrates Court for the purposes of this Act.\n- (i) used or intended to be used, or which the inspector reasonably suspects to be used or intended to be used, as a shop; or\n- (ii) in which, or in respect of which, the inspector reasonably suspects that a person is contravening or failing to comply with any provision of this Act or of an industrial commission order;\n- (i) conferral of entitlements to occupy, or to conduct business in, any areas within a building;\n- (ii) the identity of the proprietors of businesses conducted in any areas within a building;\n- (iii) financial arrangements suspected to exist between proprietors of businesses conducted in any areas within a building, or between such proprietors and— (A) the owner of the building; (B) the occupier of the whole building; (C) the person by whom such entitlements were conferred;\n- (A) the owner of the building;\n- (B) the occupier of the whole building;\n- (C) the person by whom such entitlements were conferred;\n- (A) the owner of the building;\n- (B) the occupier of the whole building;\n- (C) the person by whom such entitlements were conferred;","sortOrder":14},{"sectionNumber":"sec.9","sectionType":"section","heading":"Limitation on authority to enter","content":"### sec.9 Limitation on authority to enter\n\nThe authority conferred by section 8 on an industrial inspector to enter a place does not include authority to enter premises used as a private dwelling house unless—\nthe person apparently in charge of the premises consents to the inspector’s entry; or\nthe inspector has the prescribed warrant to enter the premises, which is in force, and, if requested to do so, produces the warrant for examination by the person apparently in charge of the premises.\nAny justice who is satisfied on the complaint in writing of an industrial inspector that the inspector reasonably believes premises to be such that, but for the absence of a warrant to enter, an industrial inspector is authorised by this Act to enter therein may issue a warrant directed to the inspector to enter the premises for the purpose of exercising authority conferred on an industrial inspector by this Act.\nA warrant issued under subsection (2) remains in force for a period of 1 month following the date of its issue, and is lawful authority—\nto the inspector to whom it is directed and anyone helping the inspector to enter the premises specified in the warrant; and\nto the inspector to whom it is directed to exercise in respect of the premises specified in the warrant the authorities conferred on an industrial inspector by this Act.\nIn this section—\nprivate dwelling house does not include—\nany part of premises that is not used exclusively for the purpose of private residence; or\nthe curtilage of any premises.\ns 9 amd 2000 No. 5 s 373 sch 2\n(sec.9-ssec.1) The authority conferred by section 8 on an industrial inspector to enter a place does not include authority to enter premises used as a private dwelling house unless— the person apparently in charge of the premises consents to the inspector’s entry; or the inspector has the prescribed warrant to enter the premises, which is in force, and, if requested to do so, produces the warrant for examination by the person apparently in charge of the premises.\n(sec.9-ssec.2) Any justice who is satisfied on the complaint in writing of an industrial inspector that the inspector reasonably believes premises to be such that, but for the absence of a warrant to enter, an industrial inspector is authorised by this Act to enter therein may issue a warrant directed to the inspector to enter the premises for the purpose of exercising authority conferred on an industrial inspector by this Act.\n(sec.9-ssec.3) A warrant issued under subsection (2) remains in force for a period of 1 month following the date of its issue, and is lawful authority— to the inspector to whom it is directed and anyone helping the inspector to enter the premises specified in the warrant; and to the inspector to whom it is directed to exercise in respect of the premises specified in the warrant the authorities conferred on an industrial inspector by this Act.\n(sec.9-ssec.4) In this section— private dwelling house does not include— any part of premises that is not used exclusively for the purpose of private residence; or the curtilage of any premises.\n- (a) the person apparently in charge of the premises consents to the inspector’s entry; or\n- (b) the inspector has the prescribed warrant to enter the premises, which is in force, and, if requested to do so, produces the warrant for examination by the person apparently in charge of the premises.\n- (a) to the inspector to whom it is directed and anyone helping the inspector to enter the premises specified in the warrant; and\n- (b) to the inspector to whom it is directed to exercise in respect of the premises specified in the warrant the authorities conferred on an industrial inspector by this Act.\n- (a) any part of premises that is not used exclusively for the purpose of private residence; or\n- (b) the curtilage of any premises.","sortOrder":15},{"sectionNumber":"sec.10","sectionType":"section","heading":"Duty of industrial inspector","content":"### sec.10 Duty of industrial inspector\n\nIt is the duty of every industrial inspector to secure compliance with the provisions of this Act or of any industrial commission order.\nAn industrial inspector, other than the chief industrial inspector, is to report to the chief industrial inspector any breach of a provision of this Act or of an industrial commission order that comes to the inspector’s knowledge.\ns 10 amd 1994 No. 23 s 3 sch\n(sec.10-ssec.1) It is the duty of every industrial inspector to secure compliance with the provisions of this Act or of any industrial commission order.\n(sec.10-ssec.2) An industrial inspector, other than the chief industrial inspector, is to report to the chief industrial inspector any breach of a provision of this Act or of an industrial commission order that comes to the inspector’s knowledge.","sortOrder":16},{"sectionNumber":"sec.11","sectionType":"section","heading":"Duty of occupier etc. to assist industrial inspector","content":"### sec.11 Duty of occupier etc. to assist industrial inspector\n\nA person who is an occupier of a factory, shop or place of public amusement, or is entitled to immediate possession thereof, and an agent or employee of any such person, is to furnish to an industrial inspector—\nsuch reasonable assistance;\nsuch information that is within the person’s, agent’s or employee’s capacity to furnish;\nas the inspector lawfully requires to assist the inspector in the exercise of the powers of an industrial inspector or the performance of the duties of an industrial inspector under this Act.\n- (a) such reasonable assistance;\n- (b) such information that is within the person’s, agent’s or employee’s capacity to furnish;","sortOrder":17},{"sectionNumber":"sec.12","sectionType":"section","heading":"Protection from self-incrimination","content":"### sec.12 Protection from self-incrimination\n\nNotwithstanding any other provision of this Act, a person is not required to answer a question put by an industrial inspector, or other person, for the purposes of this Act, if the answer would incriminate the person to whom the question is put in any offence.","sortOrder":18},{"sectionNumber":"sec.13","sectionType":"section","heading":"Protection from liability","content":"### sec.13 Protection from liability\n\nIn this section—\nofficial means—\nthe Minister; or\nan industrial inspector.\nAn official is not civilly liable for an act or omission done honestly and without negligence under this Act.\nIf subsection (2) prevents civil liability attaching to an official, the liability attaches to the State instead.\ns 13 sub 1994 No. 23 s 3 sch\n(sec.13-ssec.1) In this section— official means— the Minister; or an industrial inspector.\n(sec.13-ssec.2) An official is not civilly liable for an act or omission done honestly and without negligence under this Act.\n(sec.13-ssec.3) If subsection (2) prevents civil liability attaching to an official, the liability attaches to the State instead.\n- (a) the Minister; or\n- (b) an industrial inspector.","sortOrder":19},{"sectionNumber":"sec.14","sectionType":"section","heading":null,"content":"### Section sec.14\n\ns 14 om 1995 No. 57 s 4 sch 1","sortOrder":20},{"sectionNumber":"sec.3.10","sectionType":"section","heading":null,"content":"### Section sec.3.10\n\ns 3.10 om 1994 No. 23 s 3 sch","sortOrder":21},{"sectionNumber":"sec.3.11","sectionType":"section","heading":null,"content":"### Section sec.3.11\n\ns 3.11 om 1994 No. 23 s 3 sch","sortOrder":22},{"sectionNumber":"sec.15","sectionType":"section","heading":null,"content":"### Section sec.15\n\ns 15 sub 1994 No. 23 s 8\nom 1997 No. 1 s 495 sch 4","sortOrder":23},{"sectionNumber":"pt.4","sectionType":"part","heading":"Trading hours in shops","content":"# Trading hours in shops","sortOrder":24},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Application of part","content":"## Application of part","sortOrder":25},{"sectionNumber":"sec.16","sectionType":"section","heading":"Cases where this part not applicable","content":"### sec.16 Cases where this part not applicable\n\nThe provisions of this part do not apply in respect of a place that is a shop only because it is an office and a reference in this part to employment in or in connection with the business of a shop does not include reference to employment in an office although the office premises may be part of the shop premises.\nThe provisions of this part do not apply so as to prohibit or restrict the selling by auction in a shop on a day, other than a Sunday or public holiday, at any time after closing time on that day fixed by or under this Act in relation to a shop of the description of that shop, of wool or tobacco leaf by reference to catalogues after inspection of the wool or tobacco leaf.\ns 16 amd 1994 No. 23 s 3 sch ; 1997 No. 1 s 495 sch 4\n(sec.16-ssec.1) The provisions of this part do not apply in respect of a place that is a shop only because it is an office and a reference in this part to employment in or in connection with the business of a shop does not include reference to employment in an office although the office premises may be part of the shop premises.\n(sec.16-ssec.2) The provisions of this part do not apply so as to prohibit or restrict the selling by auction in a shop on a day, other than a Sunday or public holiday, at any time after closing time on that day fixed by or under this Act in relation to a shop of the description of that shop, of wool or tobacco leaf by reference to catalogues after inspection of the wool or tobacco leaf.","sortOrder":26},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Non-exempt shops","content":"## Non-exempt shops","sortOrder":27},{"sectionNumber":"sec.16A","sectionType":"section","heading":"Definitions for division","content":"### sec.16A Definitions for division\n\nIn this division—\n2017 trading hours order means the order titled ‘Trading Hours—Non-exempt Shops Trading by Retail—State’ made by the industrial commission under section 21 on 27 November 1992, as it was in effect immediately before the commencement of the Trading (Allowable Hours) Amendment Act 2017 .\nThe 2017 trading hours order was repealed on the commencement of the Trading (Allowable Hours) Amendment Act 2017 —see section 57 .\nThe 2017 trading hours order can be viewed on the QIRC website—see section 46A .\nclosed day means any of the following days—\nGood Friday;\nAnzac Day (25 April);\nLabour Day (the first Monday in May);\nChristmas Day (25 December).\nhardware shop means a shop the business of which is, wholly or partly, the supply of—\nconstruction materials, tools, fittings and other appropriate products and equipment to—\nbuilders, associated tradespeople, contractors or sub-contractors engaged in the building industry; or\nthe general public; or\nsimilar products appropriate for home improvement purposes to the general public.\nsouth-east Queensland area ...\ns 16A def south-east Queensland area om 2022 No. 17 s 8\ntourist area ...\ns 16A def tourist area om 2022 No. 17 s 8\ns 16A ins 2017 No. 26 s 7\n- 1 The 2017 trading hours order was repealed on the commencement of the Trading (Allowable Hours) Amendment Act 2017 —see section 57 .\n- 2 The 2017 trading hours order can be viewed on the QIRC website—see section 46A .\n- (a) Good Friday;\n- (b) Anzac Day (25 April);\n- (c) Labour Day (the first Monday in May);\n- (d) Christmas Day (25 December).\n- (a) construction materials, tools, fittings and other appropriate products and equipment to— (i) builders, associated tradespeople, contractors or sub-contractors engaged in the building industry; or (ii) the general public; or\n- (i) builders, associated tradespeople, contractors or sub-contractors engaged in the building industry; or\n- (ii) the general public; or\n- (b) similar products appropriate for home improvement purposes to the general public.\n- (i) builders, associated tradespeople, contractors or sub-contractors engaged in the building industry; or\n- (ii) the general public; or","sortOrder":28},{"sectionNumber":"sec.16AA","sectionType":"section","heading":"References to particular areas","content":"### sec.16AA References to particular areas\n\nThis section applies to a reference in this division to any of the following areas—\nArea of New Farm of Inner City of Brisbane;\nGold Coast Coastal Tourist Area;\nHamilton North Shore Area;\nMossman and Port Douglas Tourist Area;\nSouth-East Queensland Area;\nThe Cairns CBD Area;\nThe Great Barrier Reef Wonderland Tourist Complex;\nTownsville Tourist Area.\nAlso, this section applies to a reference in schedule 1AB to an area.\nThe reference is a reference to the area within the meaning of the 2017 trading hours order.\nHowever, to the extent the area is the subject of a trading area order that is inconsistent with the 2017 trading hours order—\nthe trading area order prevails; and\nthe reference to the area must, to the extent the context permits, be interpreted consistently with the trading area order.\ns 16AA ins 2022 No. 17 s 9\n(sec.16AA-ssec.1) This section applies to a reference in this division to any of the following areas— Area of New Farm of Inner City of Brisbane; Gold Coast Coastal Tourist Area; Hamilton North Shore Area; Mossman and Port Douglas Tourist Area; South-East Queensland Area; The Cairns CBD Area; The Great Barrier Reef Wonderland Tourist Complex; Townsville Tourist Area.\n(sec.16AA-ssec.2) Also, this section applies to a reference in schedule 1AB to an area.\n(sec.16AA-ssec.3) The reference is a reference to the area within the meaning of the 2017 trading hours order.\n(sec.16AA-ssec.4) However, to the extent the area is the subject of a trading area order that is inconsistent with the 2017 trading hours order— the trading area order prevails; and the reference to the area must, to the extent the context permits, be interpreted consistently with the trading area order.\n- (a) Area of New Farm of Inner City of Brisbane;\n- (b) Gold Coast Coastal Tourist Area;\n- (c) Hamilton North Shore Area;\n- (d) Mossman and Port Douglas Tourist Area;\n- (e) South-East Queensland Area;\n- (f) The Cairns CBD Area;\n- (g) The Great Barrier Reef Wonderland Tourist Complex;\n- (h) Townsville Tourist Area.\n- (a) the trading area order prevails; and\n- (b) the reference to the area must, to the extent the context permits, be interpreted consistently with the trading area order.","sortOrder":29},{"sectionNumber":"sec.16B","sectionType":"section","heading":"Shops to be closed other than during permitted trading hours","content":"### sec.16B Shops to be closed other than during permitted trading hours\n\nA non-exempt shop must be closed on a particular day other than during the shop’s core trading hours under subdivision 2 for the day or, if relevant, the extended trading hours under subdivision 3 .\nThe occupier of a non-exempt shop must ensure subsection (1) is complied with for the shop.\nMaximum penalty—40 penalty units.\ns 16B ins 2017 No. 26 s 7\namd 2022 No. 17 s 10\n(sec.16B-ssec.1) A non-exempt shop must be closed on a particular day other than during the shop’s core trading hours under subdivision 2 for the day or, if relevant, the extended trading hours under subdivision 3 .\n(sec.16B-ssec.2) The occupier of a non-exempt shop must ensure subsection (1) is complied with for the shop. Maximum penalty—40 penalty units.","sortOrder":30},{"sectionNumber":"sec.16C","sectionType":"section","heading":"Application of subdivision","content":"### sec.16C Application of subdivision\n\nThis subdivision applies subject to subdivision 3 , to the extent subdivision 3 provides for an earlier opening time, or a later closing time, on a particular day for a non-exempt shop.\nHowever, if subdivision 3 applies to a non-exempt shop, the shop’s closing time for 24 December is the closing time provided for under subdivision 3 .\ns 16C ins 2017 No. 26 s 7\n(sec.16C-ssec.1) This subdivision applies subject to subdivision 3 , to the extent subdivision 3 provides for an earlier opening time, or a later closing time, on a particular day for a non-exempt shop.\n(sec.16C-ssec.2) However, if subdivision 3 applies to a non-exempt shop, the shop’s closing time for 24 December is the closing time provided for under subdivision 3 .","sortOrder":31},{"sectionNumber":"sec.16D","sectionType":"section","heading":"Shops other than hardware shops and shops selling motor vehicles or caravans","content":"### sec.16D Shops other than hardware shops and shops selling motor vehicles or caravans\n\nThis section applies to a non-exempt shop, other than—\na hardware shop; and\na shop engaged in selling motor vehicles or caravans.\nThe shop’s core trading hours are—\nDay\nOpening time\nClosing time\nDescription of trading areas\nIn type 1 trading areas\nMonday to Friday\n6a.m.\n10p.m.\nArea of New Farm of Inner City of Brisbane\nGold Coast Coastal Tourist Area\nHamilton North Shore Area\nMossman and Port Douglas Tourist Area\nSee, however, section 65 .\nThe Cairns CBD Area\nThe Great Barrier Reef Wonderland Tourist Complex\nthe Pacific Fair Shopping Centre located at Broadbeach Waters on the corner of Hooker Boulevard and Sunshine Boulevard\nany other area declared in a trading area order to be a type 1 trading area\nSaturday\n7a.m.\n10p.m.\nSunday and public holidays, other than closed days\n7a.m.\n9p.m.\nIn type 2 trading areas\nMonday to Friday\n7a.m.\n9p.m.\nthe South-East Queensland Area, other than a part of the area that is a type 1 trading area\nany other area declared in a trading area order to be a type 2 trading area\nSaturday\n7a.m.\n9p.m.\nSunday and public holidays, other than closed days\n9a.m.\n6p.m.\nIn type 3 trading areas\nMonday to Friday\nif the shop is in the Townsville Tourist Area— 7a.m.\notherwise\n—8a.m.\n9p.m.\nan area mentioned in schedule 1AB\nany other area declared in a trading area order to be a type 3 trading area\nSaturday\n8a.m.\n6p.m.\nSunday and public holidays, other than closed days\n9a.m.\n6p.m.\nIn type 4 trading areas\nMonday to Friday\n8a.m.\n9p.m.\nany other area that is not a type 1, 2 or 3 trading area\nSaturday\n8a.m.\n6p.m.\nSunday\nn/a\nn/a\nPublic holidays, other than closed days\n9a.m.\n6p.m.\nIn this section—\nn/a means the shop is not permitted to open.\nSee also section 16AA in relation to the meaning of references to particular areas in this section and schedule 1AB .\ns 16D ins 2017 No. 26 s 7\namd 2018 No. 1 s 149 ; 2022 No. 17 s 11\n(sec.16D-ssec.1) This section applies to a non-exempt shop, other than— a hardware shop; and a shop engaged in selling motor vehicles or caravans.\n(sec.16D-ssec.2) The shop’s core trading hours are— Day Opening time Closing time Description of trading areas In type 1 trading areas Monday to Friday 6a.m. 10p.m. Area of New Farm of Inner City of Brisbane Gold Coast Coastal Tourist Area Hamilton North Shore Area Mossman and Port Douglas Tourist Area See, however, section 65 . The Cairns CBD Area The Great Barrier Reef Wonderland Tourist Complex the Pacific Fair Shopping Centre located at Broadbeach Waters on the corner of Hooker Boulevard and Sunshine Boulevard any other area declared in a trading area order to be a type 1 trading area Saturday 7a.m. 10p.m. Sunday and public holidays, other than closed days 7a.m. 9p.m. In type 2 trading areas Monday to Friday 7a.m. 9p.m. the South-East Queensland Area, other than a part of the area that is a type 1 trading area any other area declared in a trading area order to be a type 2 trading area Saturday 7a.m. 9p.m. Sunday and public holidays, other than closed days 9a.m. 6p.m. In type 3 trading areas Monday to Friday if the shop is in the Townsville Tourist Area— 7a.m. otherwise\n—8a.m. 9p.m. an area mentioned in schedule 1AB any other area declared in a trading area order to be a type 3 trading area Saturday 8a.m. 6p.m. Sunday and public holidays, other than closed days 9a.m. 6p.m. In type 4 trading areas Monday to Friday 8a.m. 9p.m. any other area that is not a type 1, 2 or 3 trading area Saturday 8a.m. 6p.m. Sunday n/a n/a Public holidays, other than closed days 9a.m. 6p.m.\n(sec.16D-ssec.3) In this section— n/a means the shop is not permitted to open. See also section 16AA in relation to the meaning of references to particular areas in this section and schedule 1AB .\n- (a) a hardware shop; and\n- (b) a shop engaged in selling motor vehicles or caravans.","sortOrder":32},{"sectionNumber":"sec.16E","sectionType":"section","heading":"Hardware shops","content":"### sec.16E Hardware shops\n\nThis section applies to a non-exempt shop that is a hardware shop.\nThe shop’s core trading hours are—\nDay\nOpening time\nClosing time\nDescription of trading areas\nIn type 1 trading areas\nMonday to Friday\n6a.m.\n10p.m.\na type 1 trading area mentioned in section 16D\nSaturday\n6a.m.\n10p.m.\nSunday and public holidays, other than closed days\n6a.m.\n9p.m.\nIn type 2 trading areas\nMonday to Friday\n6a.m.\n9p.m.\na type 2 trading area mentioned in section 16D\nSaturday\n6a.m.\n9p.m.\nSunday and public holidays, other than closed days\n6a.m.\n6p.m.\nIn types 3 and 4 trading areas\nMonday to Friday\n6a.m.\n9p.m.\na type 3 or 4 trading area mentioned in section 16D\nSaturday\n6a.m.\n6p.m.\nSunday and public holidays, other than closed days\n6a.m.\n6p.m.\ns 16E ins 2017 No. 26 s 7\namd 2022 No. 17 s 12\n(sec.16E-ssec.1) This section applies to a non-exempt shop that is a hardware shop.\n(sec.16E-ssec.2) The shop’s core trading hours are— Day Opening time Closing time Description of trading areas In type 1 trading areas Monday to Friday 6a.m. 10p.m. a type 1 trading area mentioned in section 16D Saturday 6a.m. 10p.m. Sunday and public holidays, other than closed days 6a.m. 9p.m. In type 2 trading areas Monday to Friday 6a.m. 9p.m. a type 2 trading area mentioned in section 16D Saturday 6a.m. 9p.m. Sunday and public holidays, other than closed days 6a.m. 6p.m. In types 3 and 4 trading areas Monday to Friday 6a.m. 9p.m. a type 3 or 4 trading area mentioned in section 16D Saturday 6a.m. 6p.m. Sunday and public holidays, other than closed days 6a.m. 6p.m.","sortOrder":33},{"sectionNumber":"sec.16EA","sectionType":"section","heading":"Shops selling motor vehicles or caravans","content":"### sec.16EA Shops selling motor vehicles or caravans\n\nThis section applies to a non-exempt shop engaged in selling motor vehicles or caravans.\nThe shop’s core trading hours are—\nDay\nOpening time\nClosing time\nIf the shop sells motor vehicles but not caravans\nMonday to Friday\n8a.m.\n9p.m.\nSaturday\n8a.m.\nif the shop is in a prescribed area—6p.m.\notherwise—5p.m.\nSunday\nn/a\nn/a\nPublic holidays, other than closed days\nif the shop is in a prescribed area—8a.m.\notherwise—n/a\nif the shop is in a prescribed area—6p.m.\notherwise—n/a\nIf the shop sells both caravans and motor vehicles\nMonday to Friday\n8a.m.\n9p.m.\nSaturday\n8a.m.\n5p.m.\nSunday and public holidays, other than closed days\nn/a\nn/a\nIf the shop sells caravans but not motor vehicles\nMonday to Friday\n8a.m.\n9p.m.\nSaturday\n8a.m.\n6p.m.\nSunday and public holidays, other than closed days\nn/a\nn/a\nIn this section—\nn/a means the shop is not permitted to open.\nprescribed area means any of the following areas within the meaning of the repealed car yards order—\nThe Gold Coast Area;\nRedcliffe Peninsula;\nCity of Brisbane Area;\nCity of Logan Area;\nTown of Beenleigh Area;\nNear North Coast Area;\nShire of Pine Rivers Area;\nRedland Shire Area;\nCity of Ipswich.\nrepealed car yards order means the order titled ‘Trading Hours—Non-exempt Shops Selling Motor Vehicles—State’ made by the industrial commission under section 21 on 8 December 1989, as it was in effect immediately before the commencement of the Trading (Allowable Hours) Amendment Act 2017 .\nThe repealed car yards order was repealed on the commencement of the Trading (Allowable Hours) Amendment Act 2017 —see section 57 .\nThe repealed car yards order can be viewed on the QIRC website—see section 46A .\ns 16EA ins 2017 No. 26 s 7\n(sec.16EA-ssec.1) This section applies to a non-exempt shop engaged in selling motor vehicles or caravans.\n(sec.16EA-ssec.2) The shop’s core trading hours are— Day Opening time Closing time If the shop sells motor vehicles but not caravans Monday to Friday 8a.m. 9p.m. Saturday 8a.m. if the shop is in a prescribed area—6p.m. otherwise—5p.m. Sunday n/a n/a Public holidays, other than closed days if the shop is in a prescribed area—8a.m. otherwise—n/a if the shop is in a prescribed area—6p.m. otherwise—n/a If the shop sells both caravans and motor vehicles Monday to Friday 8a.m. 9p.m. Saturday 8a.m. 5p.m. Sunday and public holidays, other than closed days n/a n/a If the shop sells caravans but not motor vehicles Monday to Friday 8a.m. 9p.m. Saturday 8a.m. 6p.m. Sunday and public holidays, other than closed days n/a n/a\n(sec.16EA-ssec.3) In this section— n/a means the shop is not permitted to open. prescribed area means any of the following areas within the meaning of the repealed car yards order— The Gold Coast Area; Redcliffe Peninsula; City of Brisbane Area; City of Logan Area; Town of Beenleigh Area; Near North Coast Area; Shire of Pine Rivers Area; Redland Shire Area; City of Ipswich. repealed car yards order means the order titled ‘Trading Hours—Non-exempt Shops Selling Motor Vehicles—State’ made by the industrial commission under section 21 on 8 December 1989, as it was in effect immediately before the commencement of the Trading (Allowable Hours) Amendment Act 2017 . The repealed car yards order was repealed on the commencement of the Trading (Allowable Hours) Amendment Act 2017 —see section 57 . The repealed car yards order can be viewed on the QIRC website—see section 46A .\n- (a) The Gold Coast Area;\n- (b) Redcliffe Peninsula;\n- (c) City of Brisbane Area;\n- (d) City of Logan Area;\n- (e) Town of Beenleigh Area;\n- (f) Near North Coast Area;\n- (g) Shire of Pine Rivers Area;\n- (h) Redland Shire Area;\n- (i) City of Ipswich.\n- 1 The repealed car yards order was repealed on the commencement of the Trading (Allowable Hours) Amendment Act 2017 —see section 57 .\n- 2 The repealed car yards order can be viewed on the QIRC website—see section 46A .","sortOrder":34},{"sectionNumber":"sec.16EB","sectionType":"section","heading":"Application of subdivision","content":"### sec.16EB Application of subdivision\n\nThis subdivision does not apply to a non-exempt shop engaged in selling motor vehicles or caravans.\ns 16EB ins 2017 No. 26 s 7","sortOrder":35},{"sectionNumber":"sec.16F","sectionType":"section","heading":"Christmas trading hours—general","content":"### sec.16F Christmas trading hours—general\n\nThe extended trading hours for a non-exempt shop for Christmas are—\nDay\nOpening time\nClosing time\nthe 3 Sundays before 18 December\n8a.m.\n6p.m.\n18 to 23 December\nthe shop’s opening time under subdivision 2\nmidnight\n24 December\nthe shop’s opening time under subdivision 2\n6p.m.\nThis section does not apply to a non-exempt shop for a particular day if section 16G applies to the shop for that day.\nIf a non-exempt shop is not permitted to trade on a Sunday, a reference in subsection (1) to the shop’s opening time under subdivision 2 is, if the day in question is a Sunday, taken to be a reference to 9a.m.\ns 16F ins 2017 No. 26 s 7\n(sec.16F-ssec.1) The extended trading hours for a non-exempt shop for Christmas are— Day Opening time Closing time the 3 Sundays before 18 December 8a.m. 6p.m. 18 to 23 December the shop’s opening time under subdivision 2 midnight 24 December the shop’s opening time under subdivision 2 6p.m.\n(sec.16F-ssec.2) This section does not apply to a non-exempt shop for a particular day if section 16G applies to the shop for that day.\n(sec.16F-ssec.3) If a non-exempt shop is not permitted to trade on a Sunday, a reference in subsection (1) to the shop’s opening time under subdivision 2 is, if the day in question is a Sunday, taken to be a reference to 9a.m.","sortOrder":36},{"sectionNumber":"sec.16G","sectionType":"section","heading":"24-hour Christmas trading for particular shops","content":"### sec.16G 24-hour Christmas trading for particular shops\n\nThis section applies to a shop in—\nthe Westfield Chermside shopping complex; or\nthe Westfield Garden City shopping complex.\nThe shop’s extended trading hours for 23 and 24 December are—\nDay\nOpening time\nClosing time\n23 December\n8a.m.\nmidnight\n24 December\n12a.m.\n6p.m\nIn this section—\nWestfield Chermside shopping complex means the shopping complex located on the corner of Gympie Road and Hamilton Road, Chermside, Brisbane.\nWestfield Garden City shopping complex means the shopping complex located on the corner of Logan Road and Kessels Road, Upper Mount Gravatt, Brisbane.\ns 16G ins 2017 No. 26 s 7\n(sec.16G-ssec.1) This section applies to a shop in— the Westfield Chermside shopping complex; or the Westfield Garden City shopping complex.\n(sec.16G-ssec.2) The shop’s extended trading hours for 23 and 24 December are— Day Opening time Closing time 23 December 8a.m. midnight 24 December 12a.m. 6p.m\n(sec.16G-ssec.3) In this section— Westfield Chermside shopping complex means the shopping complex located on the corner of Gympie Road and Hamilton Road, Chermside, Brisbane. Westfield Garden City shopping complex means the shopping complex located on the corner of Logan Road and Kessels Road, Upper Mount Gravatt, Brisbane.\n- (a) the Westfield Chermside shopping complex; or\n- (b) the Westfield Garden City shopping complex.","sortOrder":37},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Independent retail shops","content":"## Independent retail shops","sortOrder":38},{"sectionNumber":"sec.17","sectionType":"section","heading":"Closure of independent retail shops","content":"### sec.17 Closure of independent retail shops\n\nThere is no prescribed opening time or prescribed closing time in relation to an independent retail shop except as prescribed by subsection (2) .\nThe occupier of an independent retail shop, other than one used predominantly for the sale of food or groceries or both, is to cause the shop to be closed—\nthroughout the whole of 25 December in each year (Christmas Day) and Good Friday;\non 25 April in each year (Anzac Day) until 1p.m.\nIf, under the Holidays Act 1983 , a day is to be observed as a public holiday in substitution for a day mentioned in subsection (2) , the substitution of the day as a public holiday does not apply for the purposes of this section.\ns 17 amd 1994 No. 23 s 9 ; 1997 No. 1 s 495 sch 4\n(sec.17-ssec.1) There is no prescribed opening time or prescribed closing time in relation to an independent retail shop except as prescribed by subsection (2) .\n(sec.17-ssec.2) The occupier of an independent retail shop, other than one used predominantly for the sale of food or groceries or both, is to cause the shop to be closed— throughout the whole of 25 December in each year (Christmas Day) and Good Friday; on 25 April in each year (Anzac Day) until 1p.m.\n(sec.17-ssec.3) If, under the Holidays Act 1983 , a day is to be observed as a public holiday in substitution for a day mentioned in subsection (2) , the substitution of the day as a public holiday does not apply for the purposes of this section.\n- (a) throughout the whole of 25 December in each year (Christmas Day) and Good Friday;\n- (c) on 25 April in each year (Anzac Day) until 1p.m.","sortOrder":39},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":40},{"sectionNumber":"sec.18","sectionType":"section","heading":null,"content":"### Section sec.18\n\ns 18 sub 1994 No. 23 s 10\nom 1997 No. 1 s 495 sch 4","sortOrder":41},{"sectionNumber":"sec.19","sectionType":"section","heading":"Closure of non-exempt shops not to confer advantage","content":"### sec.19 Closure of non-exempt shops not to confer advantage\n\nA person must not—\nhawk goods; or\nexhibit or expose samples for the sale of goods by retail, take an order for the sale of goods by retail, or sell goods by retail; or\nsell goods by auction;\nat a locality on a day or during hours when a non-exempt shop in which the goods are sold at the locality would be required under this Act to be closed.\nThis section does not apply to—\nthe conduct of a bazaar or fair, or the sale of work, for a religious, charitable, educational or other purpose from which no private profit is to be derived; or\nthe normal conduct of business of an exempt shop.\ns 19 sub 1994 No. 23 s 11\namd 2017 No. 26 s 10\n(sec.19-ssec.1) A person must not— hawk goods; or exhibit or expose samples for the sale of goods by retail, take an order for the sale of goods by retail, or sell goods by retail; or sell goods by auction; at a locality on a day or during hours when a non-exempt shop in which the goods are sold at the locality would be required under this Act to be closed.\n(sec.19-ssec.2) This section does not apply to— the conduct of a bazaar or fair, or the sale of work, for a religious, charitable, educational or other purpose from which no private profit is to be derived; or the normal conduct of business of an exempt shop.\n- (a) hawk goods; or\n- (b) exhibit or expose samples for the sale of goods by retail, take an order for the sale of goods by retail, or sell goods by retail; or\n- (c) sell goods by auction;\n- (a) the conduct of a bazaar or fair, or the sale of work, for a religious, charitable, educational or other purpose from which no private profit is to be derived; or\n- (b) the normal conduct of business of an exempt shop.","sortOrder":42},{"sectionNumber":"sec.20","sectionType":"section","heading":"Closure on bank holidays","content":"### sec.20 Closure on bank holidays\n\nThe occupier of a banking or insurance office must close the office on the bank holidays prescribed under the Holidays Act 1983 .\nSection 98 of the Bills of Exchange Act 1909 (Cwlth) regulates the times within which certain dealings with a bill of exchange, cheque or promissory note may be conducted (e.g. payment and presentment).\nUnder section 98 , if a dealing mentioned in the section falls due on Christmas Day, Good Friday, a Sunday, or a day prescribed by either Commonwealth or State legislation to be a bank holiday, the dealing may be conducted on the next business day.\nSection 5 of the Holidays Act 1983 declares every Saturday a bank holiday in Queensland.\nThe effect of section 20 of this Act is to allow a bank to open for business on most Saturdays but, because Saturday remains a bank holiday, a bank is able to choose whether or not it will conduct the dealings mentioned in section 98 of the Bills of Exchange Act 1909 (Cwlth) on a Saturday.\nIf any banking office or insurance office is not closed on a bank holiday prescribed by the Holidays Act 1983 , any person who authorised, directed or, except as an employee required by the person’s employer to do so, otherwise aided the failure to close is taken to have committed an offence against this Act and is liable to the prescribed penalty.\nSubsections (1) and (2) do not apply to—\na bank in relation to a Saturday unless the Saturday—\nis a public holiday; or\nfalls on 1 January, 26 January, 25 December or 26 December, regardless of whether another day has been substituted as a public holiday for the public holiday that ordinarily falls on the particular day; or\na bank operating at an annual agricultural, horticultural or industrial show if a bank holiday occurs during the show.\nIf a bank holiday is declared for a particular district, subsection (1) only applies to a banking or insurance office in the district on the bank holiday.\ns 20 amd 1995 No. 4 s 33 sch\n(sec.20-ssec.1) The occupier of a banking or insurance office must close the office on the bank holidays prescribed under the Holidays Act 1983 . Section 98 of the Bills of Exchange Act 1909 (Cwlth) regulates the times within which certain dealings with a bill of exchange, cheque or promissory note may be conducted (e.g. payment and presentment). Under section 98 , if a dealing mentioned in the section falls due on Christmas Day, Good Friday, a Sunday, or a day prescribed by either Commonwealth or State legislation to be a bank holiday, the dealing may be conducted on the next business day. Section 5 of the Holidays Act 1983 declares every Saturday a bank holiday in Queensland. The effect of section 20 of this Act is to allow a bank to open for business on most Saturdays but, because Saturday remains a bank holiday, a bank is able to choose whether or not it will conduct the dealings mentioned in section 98 of the Bills of Exchange Act 1909 (Cwlth) on a Saturday.\n(sec.20-ssec.2) If any banking office or insurance office is not closed on a bank holiday prescribed by the Holidays Act 1983 , any person who authorised, directed or, except as an employee required by the person’s employer to do so, otherwise aided the failure to close is taken to have committed an offence against this Act and is liable to the prescribed penalty.\n(sec.20-ssec.3) Subsections (1) and (2) do not apply to— a bank in relation to a Saturday unless the Saturday— is a public holiday; or falls on 1 January, 26 January, 25 December or 26 December, regardless of whether another day has been substituted as a public holiday for the public holiday that ordinarily falls on the particular day; or a bank operating at an annual agricultural, horticultural or industrial show if a bank holiday occurs during the show.\n(sec.20-ssec.4) If a bank holiday is declared for a particular district, subsection (1) only applies to a banking or insurance office in the district on the bank holiday.\n- 1 Section 98 of the Bills of Exchange Act 1909 (Cwlth) regulates the times within which certain dealings with a bill of exchange, cheque or promissory note may be conducted (e.g. payment and presentment).\n- 2 Under section 98 , if a dealing mentioned in the section falls due on Christmas Day, Good Friday, a Sunday, or a day prescribed by either Commonwealth or State legislation to be a bank holiday, the dealing may be conducted on the next business day.\n- 3 Section 5 of the Holidays Act 1983 declares every Saturday a bank holiday in Queensland.\n- 4 The effect of section 20 of this Act is to allow a bank to open for business on most Saturdays but, because Saturday remains a bank holiday, a bank is able to choose whether or not it will conduct the dealings mentioned in section 98 of the Bills of Exchange Act 1909 (Cwlth) on a Saturday.\n- (a) a bank in relation to a Saturday unless the Saturday— (i) is a public holiday; or (ii) falls on 1 January, 26 January, 25 December or 26 December, regardless of whether another day has been substituted as a public holiday for the public holiday that ordinarily falls on the particular day; or\n- (i) is a public holiday; or\n- (ii) falls on 1 January, 26 January, 25 December or 26 December, regardless of whether another day has been substituted as a public holiday for the public holiday that ordinarily falls on the particular day; or\n- (b) a bank operating at an annual agricultural, horticultural or industrial show if a bank holiday occurs during the show.\n- (i) is a public holiday; or\n- (ii) falls on 1 January, 26 January, 25 December or 26 December, regardless of whether another day has been substituted as a public holiday for the public holiday that ordinarily falls on the particular day; or","sortOrder":43},{"sectionNumber":"sec.20A","sectionType":"section","heading":"Allowable trading hours for Retail Shop Leases Act 1994","content":"### sec.20A Allowable trading hours for Retail Shop Leases Act 1994\n\nFor the south-east Queensland area, the permissible trading hours on a Sunday or public holiday are not allowable trading hours for the definition core trading hours in the Retail Shop Leases Act 1994 , section 51 .\nIn this section—\nsouth-east Queensland area means the south-east Queensland area within the meaning of section 16A , as it was in force immediately before the commencement of the Trading (Allowable Hours) and Other Legislation Amendment Act 2022 .\ns 20A ins 2017 No. 26 s 11\namd 2022 No. 17 s 13\n(sec.20A-ssec.1) For the south-east Queensland area, the permissible trading hours on a Sunday or public holiday are not allowable trading hours for the definition core trading hours in the Retail Shop Leases Act 1994 , section 51 .\n(sec.20A-ssec.2) In this section— south-east Queensland area means the south-east Queensland area within the meaning of section 16A , as it was in force immediately before the commencement of the Trading (Allowable Hours) and Other Legislation Amendment Act 2022 .","sortOrder":44},{"sectionNumber":"pt.5","sectionType":"part","heading":"Orders and declarations by commission","content":"# Orders and declarations by commission","sortOrder":45},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Making trading area orders","content":"## Making trading area orders","sortOrder":46},{"sectionNumber":"sec.21","sectionType":"section","heading":"Industrial commission may make trading area order","content":"### sec.21 Industrial commission may make trading area order\n\nThe industrial commission may make an order (a trading area order )—\nto declare that an area mentioned in section 16AA (1) or (2) is a type 1 or 2 trading area; or\nto change the external boundaries of a trading area that is an area mentioned in section 16AA (1) or (2) ; or\nto declare that an area not mentioned in section 16AA (1) or (2) is a type 1, 2 or 3 trading area.\nan order declaring the town of Kingaroy, identified by reference to its external boundaries, is a type 2 trading area\nHowever, the industrial commission must not make a trading area order if the effect of the order would be to reduce the core trading hours for a day, under section 16D or 16E , of a non-exempt shop situated in the area the subject of the order.\nIf the area the subject of a trading area order is an area not mentioned in section 16AA (1) or (2) , the trading area order must identify the area by reference to its external boundaries.\nA trading area order has effect for the purpose of—\nsection 16D ; and\nto the extent the context permits— section 16E .\ns 21 sub 1994 No. 23 s 12\namd 1997 No. 1 s 495 sch 4 ; 1999 No. 83 s 3 ; 2011 No. 44 s 26 ; 2013 No. 61 s 108 ; 2017 No. 26 s 13\nsub 2022 No. 17 s 16\n(sec.21-ssec.1) The industrial commission may make an order (a trading area order )— to declare that an area mentioned in section 16AA (1) or (2) is a type 1 or 2 trading area; or to change the external boundaries of a trading area that is an area mentioned in section 16AA (1) or (2) ; or to declare that an area not mentioned in section 16AA (1) or (2) is a type 1, 2 or 3 trading area. an order declaring the town of Kingaroy, identified by reference to its external boundaries, is a type 2 trading area\n(sec.21-ssec.2) However, the industrial commission must not make a trading area order if the effect of the order would be to reduce the core trading hours for a day, under section 16D or 16E , of a non-exempt shop situated in the area the subject of the order.\n(sec.21-ssec.3) If the area the subject of a trading area order is an area not mentioned in section 16AA (1) or (2) , the trading area order must identify the area by reference to its external boundaries.\n(sec.21-ssec.4) A trading area order has effect for the purpose of— section 16D ; and to the extent the context permits— section 16E .\n- (a) to declare that an area mentioned in section 16AA (1) or (2) is a type 1 or 2 trading area; or\n- (b) to change the external boundaries of a trading area that is an area mentioned in section 16AA (1) or (2) ; or\n- (c) to declare that an area not mentioned in section 16AA (1) or (2) is a type 1, 2 or 3 trading area. Example for paragraph (c) — an order declaring the town of Kingaroy, identified by reference to its external boundaries, is a type 2 trading area\n- (a) section 16D ; and\n- (b) to the extent the context permits— section 16E .","sortOrder":47},{"sectionNumber":"sec.22","sectionType":"section","heading":"Criteria for making trading area order","content":"### sec.22 Criteria for making trading area order\n\nBefore making a trading area order, the industrial commission must have regard to the following matters—\nthe location and external boundaries of the area the subject of the order;\nthe needs of industry in the area, including the tourist industry;\nthe effect of the order on the core trading hours of non-exempt shops in the area;\nthe needs of the population of the area, including the rate of population growth;\nthe likely impact of the order on employees and employment;\nthe interests of business and consumers;\nthe public interest;\nthe view of a local government that—\nis an applicant for the order; or\nhas been granted leave to appear and be heard under section 23 (5) ;\nany other matter the commission considers relevant to the making of the order.\ns 22 prev s 22 amd 1994 No. 23 s 3 sch\nsub 2013 No. 61 s 109\nom 2017 No. 26 s 14\npres s 22 ins 2022 No. 17 s 17\n- (a) the location and external boundaries of the area the subject of the order;\n- (b) the needs of industry in the area, including the tourist industry;\n- (c) the effect of the order on the core trading hours of non-exempt shops in the area;\n- (d) the needs of the population of the area, including the rate of population growth;\n- (e) the likely impact of the order on employees and employment;\n- (f) the interests of business and consumers;\n- (g) the public interest;\n- (h) the view of a local government that— (i) is an applicant for the order; or (ii) has been granted leave to appear and be heard under section 23 (5) ;\n- (i) is an applicant for the order; or\n- (ii) has been granted leave to appear and be heard under section 23 (5) ;\n- (i) any other matter the commission considers relevant to the making of the order.\n- (i) is an applicant for the order; or\n- (ii) has been granted leave to appear and be heard under section 23 (5) ;","sortOrder":48},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Powers and procedures for trading area orders","content":"## Powers and procedures for trading area orders","sortOrder":49},{"sectionNumber":"sec.23","sectionType":"section","heading":"Powers and procedures for making trading area order","content":"### sec.23 Powers and procedures for making trading area order\n\nThe industrial commission may make an order under section 21 —\nof its own motion; or\non an application made by or for an industrial organisation, another organisation or a local government.\nThe industrial commission must fix a day, time and place for a meeting of the commission to consider making a trading area order.\nThe industrial commission must give written notice of the meeting to the industrial organisations, other organisations and local governments the commission considers appropriate.\nA copy of the notice must be published on the QIRC website and in any other way the industrial commission considers appropriate.\nThe notice must state a time before which any industrial organisation, another organisation or a local government that claims to be concerned in the making of the order may apply to the industrial registrar for leave to appear and be heard on the matter.\nThe industrial registrar must grant an application for leave made in accordance with the notice under subsection (5) if the registrar is satisfied the applicant is, or is likely to be, concerned in the making of the order.\nOtherwise, the industrial registrar must refuse to grant the application for leave.\ns 23 amd 1994 No. 23 s 3 sch ; 2009 No. 38 s 52 ; 2013 No. 61 s 110 ; 2017 No. 26 s 15 ; 2022 No. 17 s 19\n(sec.23-ssec.1) The industrial commission may make an order under section 21 — of its own motion; or on an application made by or for an industrial organisation, another organisation or a local government.\n(sec.23-ssec.2) The industrial commission must fix a day, time and place for a meeting of the commission to consider making a trading area order.\n(sec.23-ssec.3) The industrial commission must give written notice of the meeting to the industrial organisations, other organisations and local governments the commission considers appropriate.\n(sec.23-ssec.4) A copy of the notice must be published on the QIRC website and in any other way the industrial commission considers appropriate.\n(sec.23-ssec.5) The notice must state a time before which any industrial organisation, another organisation or a local government that claims to be concerned in the making of the order may apply to the industrial registrar for leave to appear and be heard on the matter.\n(sec.23-ssec.6) The industrial registrar must grant an application for leave made in accordance with the notice under subsection (5) if the registrar is satisfied the applicant is, or is likely to be, concerned in the making of the order.\n(sec.23-ssec.7) Otherwise, the industrial registrar must refuse to grant the application for leave.\n- (a) of its own motion; or\n- (b) on an application made by or for an industrial organisation, another organisation or a local government.","sortOrder":50},{"sectionNumber":"sec.23A","sectionType":"section","heading":"Reference to full bench","content":"### sec.23A Reference to full bench\n\nThis section applies to the matter of a trading area order.\nThe president may refer the matter to the full bench of the industrial commission.\nThe referral may be made—\nat any stage of the proceedings for the matter, including before the hearing of the matter starts; and\non the terms the president considers appropriate.\nThe full bench may hear and decide the matter referred to it and make the decision it considers appropriate.\nThis section does not limit the Industrial Relations Act 2016 , section 486 .\ns 23A ins 2013 No. 61 s 111\namd 2015 No. 13 s 37BD ; 2016 No. 63 s 1157 sch 6 ; 2017 No. 26 s 16 ; 2022 No. 17 s 29 sch 1\n(sec.23A-ssec.1) This section applies to the matter of a trading area order.\n(sec.23A-ssec.2) The president may refer the matter to the full bench of the industrial commission.\n(sec.23A-ssec.3) The referral may be made— at any stage of the proceedings for the matter, including before the hearing of the matter starts; and on the terms the president considers appropriate.\n(sec.23A-ssec.4) The full bench may hear and decide the matter referred to it and make the decision it considers appropriate.\n(sec.23A-ssec.5) This section does not limit the Industrial Relations Act 2016 , section 486 .\n- (a) at any stage of the proceedings for the matter, including before the hearing of the matter starts; and\n- (b) on the terms the president considers appropriate.","sortOrder":51},{"sectionNumber":"sec.24","sectionType":"section","heading":"Industrial commission hearings","content":"### sec.24 Industrial commission hearings\n\nWhen dealing with an application for a trading area order, the industrial commission must act as quickly, and with as little formality and technicality, as is consistent with a fair and proper hearing of the issues.\ns 24 ins 1994 No. 23 s 13\namd 2017 No. 26 s 17 ; 2022 No. 17 s 29 sch 1","sortOrder":52},{"sectionNumber":"sec.25","sectionType":"section","heading":"Leave may be granted by industrial commission","content":"### sec.25 Leave may be granted by industrial commission\n\nWhere the industrial registrar refuses an application for leave under section 23 the applicant may, within 7 days after being notified by the registrar of the refusal, require the registrar to refer the matter of the application to the industrial commission and the registrar is to make the reference.\nUpon such a reference the industrial commission may grant or refuse the application.\nThe industrial commission may at any time grant to any industrial organisation, another organisation or a local government leave to appear and be heard on the matter of the making of a trading area order, if it is satisfied that there is good reason for granting the leave, notwithstanding that an application for such leave has not been duly made under section 23 to the industrial registrar.\ns 25 amd 2013 No. 61 s 112 ; 2017 No. 26 s 18 ; 2022 No. 17 s 29 sch 1\n(sec.25-ssec.1) Where the industrial registrar refuses an application for leave under section 23 the applicant may, within 7 days after being notified by the registrar of the refusal, require the registrar to refer the matter of the application to the industrial commission and the registrar is to make the reference.\n(sec.25-ssec.2) Upon such a reference the industrial commission may grant or refuse the application.\n(sec.25-ssec.3) The industrial commission may at any time grant to any industrial organisation, another organisation or a local government leave to appear and be heard on the matter of the making of a trading area order, if it is satisfied that there is good reason for granting the leave, notwithstanding that an application for such leave has not been duly made under section 23 to the industrial registrar.","sortOrder":53},{"sectionNumber":"sec.26","sectionType":"section","heading":null,"content":"### Section sec.26\n\ns 26 amd 1994 No. 23 s 14 ; 1997 No. 1 s 495 sch 4 ; 2002 No. 3 s 6; 2017 No. 26 s 19\nom 2022 No. 17 s 20","sortOrder":54},{"sectionNumber":"sec.27","sectionType":"section","heading":"Summary dismissal of application","content":"### sec.27 Summary dismissal of application\n\nIf the industrial commission is of opinion that—\na decision has previously been made upon an application similar to that before it, and there is insufficient reason to warrant reconsideration of the matter; and\nhaving regard to the interests of the industrial organisations, other organisations or local governments immediately concerned, and of the community as a whole, further proceedings are not necessary or desirable;\nthe industrial commission may dismiss, or refrain from further hearing or determining, an application made for a trading area order.\ns 27 amd 2013 No. 61 s 113\namd 2017 No. 26 s 20 ; 2022 No. 17 s 29 sch 1\n- (a) a decision has previously been made upon an application similar to that before it, and there is insufficient reason to warrant reconsideration of the matter; and\n- (b) having regard to the interests of the industrial organisations, other organisations or local governments immediately concerned, and of the community as a whole, further proceedings are not necessary or desirable;","sortOrder":55},{"sectionNumber":"sec.28","sectionType":"section","heading":"Occupier to comply with order relating to premises","content":"### sec.28 Occupier to comply with order relating to premises\n\ns 28 om 2017 No. 26 s 21","sortOrder":56},{"sectionNumber":"sec.29","sectionType":"section","heading":"Compliance with conditions of special exhibitions order","content":"### sec.29 Compliance with conditions of special exhibitions order\n\ns 29 amd 1994 No. 23 s 3 sch\nsub 2013 No. 61 s 114\nom 2017 No. 26 s 21","sortOrder":57},{"sectionNumber":"sec.31","sectionType":"section","heading":"Cancellation of obsolete orders","content":"### sec.31 Cancellation of obsolete orders\n\nIf after such inquiry as the industrial registrar considers sufficient the registrar is of opinion that an industrial commission order is obsolete the registrar may publish on the QIRC website notification of an intention to declare the order identified in the notification to be obsolete.\nAny industrial organisation, another organisation or a local government may, within the time, and in the manner prescribed, lodge with the industrial registrar notice of objection to the proposed declaration.\nThe industrial registrar is to refer each such objection to the industrial commission, which is to hear and determine the question at issue.\nIf no objection to a proposed declaration is duly lodged as prescribed, or all objections so lodged are dismissed, the industrial registrar, by notification published on the QIRC website, may declare the order identified in the notification of intention referred to in subsection (1) to be obsolete, whereupon the order is no longer of any force or effect.\ns 31 amd 1994 No. 23 s 3 sch; 2009 No. 38 s 52 ; 2017 No. 26 s 23\n(sec.31-ssec.1) If after such inquiry as the industrial registrar considers sufficient the registrar is of opinion that an industrial commission order is obsolete the registrar may publish on the QIRC website notification of an intention to declare the order identified in the notification to be obsolete.\n(sec.31-ssec.2) Any industrial organisation, another organisation or a local government may, within the time, and in the manner prescribed, lodge with the industrial registrar notice of objection to the proposed declaration.\n(sec.31-ssec.3) The industrial registrar is to refer each such objection to the industrial commission, which is to hear and determine the question at issue.\n(sec.31-ssec.4) If no objection to a proposed declaration is duly lodged as prescribed, or all objections so lodged are dismissed, the industrial registrar, by notification published on the QIRC website, may declare the order identified in the notification of intention referred to in subsection (1) to be obsolete, whereupon the order is no longer of any force or effect.","sortOrder":58},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Special event declarations","content":"## Special event declarations","sortOrder":59},{"sectionNumber":"sec.31A","sectionType":"section","heading":"Industrial commission may make declaration of special event","content":"### sec.31A Industrial commission may make declaration of special event\n\nOn an application by a chief executive, local government, organisation or any other person, the industrial commission may declare an event to be a special event.\nA declaration for subsection (1) (a special event declaration ) must state the following matters—\ndetails of the event the subject of the declaration;\nthe period for which the declaration applies;\nthe area to which the declaration applies;\nthat section 36BA applies in relation to an employee of particular shops in the area to which the declaration applies.\nA shop in the area to which the declaration applies is an exempt shop.\nA special event declaration must be published on the QIRC website.\ns 31A ins 2022 No. 17 s 21\n(sec.31A-ssec.1) On an application by a chief executive, local government, organisation or any other person, the industrial commission may declare an event to be a special event.\n(sec.31A-ssec.2) A declaration for subsection (1) (a special event declaration ) must state the following matters— details of the event the subject of the declaration; the period for which the declaration applies; the area to which the declaration applies; that section 36BA applies in relation to an employee of particular shops in the area to which the declaration applies. A shop in the area to which the declaration applies is an exempt shop.\n(sec.31A-ssec.3) A special event declaration must be published on the QIRC website.\n- (a) details of the event the subject of the declaration;\n- (b) the period for which the declaration applies;\n- (c) the area to which the declaration applies;\n- (d) that section 36BA applies in relation to an employee of particular shops in the area to which the declaration applies.","sortOrder":60},{"sectionNumber":"sec.31B","sectionType":"section","heading":"Deciding application for special event declaration","content":"### sec.31B Deciding application for special event declaration\n\nIn deciding whether to declare an event to be a special event, the industrial commission must consider—\nwhether the event is a unique or infrequent event of local, State or national significance; and\nthe 2032 Olympic and Paralympic Games\nthe Weipa Fishing Classic event\nthe cultural, religious or sporting significance of the event; and\nthe significance of the event to the economy and the tourism industry; and\nwhether there is a need for a non-exempt shop, or a class of non-exempt shops, to trade for hours greater than the core trading hours for the shop or class of shops under this Act for the period of the event.\nIn considering the matters mentioned in subsection (1) , the industrial commission must also have regard to the following—\nthe size of a place where the event will be held;\nwhether the event will be held at multiple places;\nthe predicted attendance numbers;\nany expected media coverage;\nany contribution the event may make to Queensland’s national or international reputation;\na submission made by—\na local government for an area where the special event declaration is likely to have an impact; or\nan industrial organisation in relation to the likely impact of the special event declaration on employees.\ns 31B ins 2022 No. 17 s 21\n(sec.31B-ssec.1) In deciding whether to declare an event to be a special event, the industrial commission must consider— whether the event is a unique or infrequent event of local, State or national significance; and the 2032 Olympic and Paralympic Games the Weipa Fishing Classic event the cultural, religious or sporting significance of the event; and the significance of the event to the economy and the tourism industry; and whether there is a need for a non-exempt shop, or a class of non-exempt shops, to trade for hours greater than the core trading hours for the shop or class of shops under this Act for the period of the event.\n(sec.31B-ssec.2) In considering the matters mentioned in subsection (1) , the industrial commission must also have regard to the following— the size of a place where the event will be held; whether the event will be held at multiple places; the predicted attendance numbers; any expected media coverage; any contribution the event may make to Queensland’s national or international reputation; a submission made by— a local government for an area where the special event declaration is likely to have an impact; or an industrial organisation in relation to the likely impact of the special event declaration on employees.\n- (a) whether the event is a unique or infrequent event of local, State or national significance; and Examples— • the 2032 Olympic and Paralympic Games • the Weipa Fishing Classic event\n- • the 2032 Olympic and Paralympic Games\n- • the Weipa Fishing Classic event\n- (b) the cultural, religious or sporting significance of the event; and\n- (c) the significance of the event to the economy and the tourism industry; and\n- (d) whether there is a need for a non-exempt shop, or a class of non-exempt shops, to trade for hours greater than the core trading hours for the shop or class of shops under this Act for the period of the event.\n- • the 2032 Olympic and Paralympic Games\n- • the Weipa Fishing Classic event\n- (a) the size of a place where the event will be held;\n- (b) whether the event will be held at multiple places;\n- (c) the predicted attendance numbers;\n- (d) any expected media coverage;\n- (e) any contribution the event may make to Queensland’s national or international reputation;\n- (f) a submission made by— (i) a local government for an area where the special event declaration is likely to have an impact; or (ii) an industrial organisation in relation to the likely impact of the special event declaration on employees.\n- (i) a local government for an area where the special event declaration is likely to have an impact; or\n- (ii) an industrial organisation in relation to the likely impact of the special event declaration on employees.\n- (i) a local government for an area where the special event declaration is likely to have an impact; or\n- (ii) an industrial organisation in relation to the likely impact of the special event declaration on employees.","sortOrder":61},{"sectionNumber":"pt.5A","sectionType":"part","heading":"Trading hours for south-east Queensland area","content":"# Trading hours for south-east Queensland area","sortOrder":62},{"sectionNumber":"sec.31A-oc.2","sectionType":"section","heading":"Industrial commission decision of no effect","content":"### sec.31A-oc.2 Industrial commission decision of no effect\n\ns 31A ins 2002 No. 3 s 7\nom 2017 No. 26 s 24","sortOrder":63},{"sectionNumber":"sec.31B-oc.2","sectionType":"section","heading":"Industrial commission order amended","content":"### sec.31B-oc.2 Industrial commission order amended\n\ns 31B ins 2002 No. 3 s 8\namd 2005 No. 11 s 57 ; 2011 No. 44 s 27 ; 2017 No. 5 s 30\nom 2017 No. 26 s 24","sortOrder":64},{"sectionNumber":"sec.31BA","sectionType":"section","heading":"Amendment of other orders—trading on Easter Sunday in south-east Queensland area","content":"### sec.31BA Amendment of other orders—trading on Easter Sunday in south-east Queensland area\n\ns 31BA ins 2017 No. 5 s 31\nom 2017 No. 26 s 24","sortOrder":65},{"sectionNumber":"pt.5B","sectionType":"part","heading":"Particular public holiday in 2014","content":"# Particular public holiday in 2014","sortOrder":66},{"sectionNumber":"sec.31C","sectionType":"section","heading":null,"content":"### Section sec.31C\n\ns 31C ins 2013 No. 56 s 113\nom 2017 No. 26 s 24","sortOrder":67},{"sectionNumber":"sec.5.11","sectionType":"section","heading":null,"content":"### Section sec.5.11\n\ns 5.11 om 1994 No. 23 s 14","sortOrder":68},{"sectionNumber":"sec.5.12","sectionType":"section","heading":null,"content":"### Section sec.5.12\n\ns 5.12 om 1994 No. 23 s 14","sortOrder":69},{"sectionNumber":"sec.5.13","sectionType":"section","heading":null,"content":"### Section sec.5.13\n\ns 5.13 om 1994 No. 24 s 15","sortOrder":70},{"sectionNumber":"pt.6","sectionType":"part","heading":"Anzac Day provisions","content":"# Anzac Day provisions","sortOrder":71},{"sectionNumber":"sec.32","sectionType":"section","heading":"Meaning of Anzac Day","content":"### sec.32 Meaning of Anzac Day\n\nIn this part—\nAnzac Day means 25 April in each year, which day is required by the Anzac Day Act 1995 to be observed throughout Queensland as a holiday.","sortOrder":72},{"sectionNumber":"sec.33","sectionType":"section","heading":"Anzac Day a holiday for all employees","content":"### sec.33 Anzac Day a holiday for all employees\n\nAn employee in a factory or shop must be given a holiday for the whole of Anzac Day.\nHowever, subsection (1) does not apply to employment—\nin a factory or shop of a person employed solely in guarding the factory or shop; or\nat a licensed venue under the Racing Act 2002 where a race meeting under that Act is held; or\nat an office or agency of a holder of a race wagering licence under the Wagering Act 1998 ; or\non licensed premises under the Liquor Act 1992 or the Wine Industry Act 1994 ; or\nin or on a place of public amusement, that is lawfully used for public amusement or entertainment, of a person employed solely for the purpose of the use; or\nin an exempt shop; or\nin an office where—\nthe usual activities conducted include renting or leasing accommodation; and\nthe only activities being conducted are renting or leasing accommodation and related activities; or\nin a factory or shop in employment solely for 1 or more of the following activities—\nprinting, publishing or distributing newspapers;\nmanufacturing, distributing or supplying electricity, gas or water;\na necessarily continuous process of manufacturing or mining;\nessential services;\nmilk supply;\nbread manufacturing;\npreparing food in restaurants, cafes, pastry-cook and hot takeaway food kitchens;\nan activity prescribed by regulation.\ns 33 sub 1995 No. 4 s 33 sch\namd 1994 No. 80 s 67 sch 1 ; 1995 No. 57 s 4 sch 1 ; 2002 No. 9 s 36 ; 2002 No. 58 s 398 (1) sch 2 ; 2016 No. 12 s 389 s ch 2 pt 2 ; 2017 No. 26 s 25\n(sec.33-ssec.1) An employee in a factory or shop must be given a holiday for the whole of Anzac Day.\n(sec.33-ssec.2) However, subsection (1) does not apply to employment— in a factory or shop of a person employed solely in guarding the factory or shop; or at a licensed venue under the Racing Act 2002 where a race meeting under that Act is held; or at an office or agency of a holder of a race wagering licence under the Wagering Act 1998 ; or on licensed premises under the Liquor Act 1992 or the Wine Industry Act 1994 ; or in or on a place of public amusement, that is lawfully used for public amusement or entertainment, of a person employed solely for the purpose of the use; or in an exempt shop; or in an office where— the usual activities conducted include renting or leasing accommodation; and the only activities being conducted are renting or leasing accommodation and related activities; or in a factory or shop in employment solely for 1 or more of the following activities— printing, publishing or distributing newspapers; manufacturing, distributing or supplying electricity, gas or water; a necessarily continuous process of manufacturing or mining; essential services; milk supply; bread manufacturing; preparing food in restaurants, cafes, pastry-cook and hot takeaway food kitchens; an activity prescribed by regulation.\n- (a) in a factory or shop of a person employed solely in guarding the factory or shop; or\n- (b) at a licensed venue under the Racing Act 2002 where a race meeting under that Act is held; or\n- (c) at an office or agency of a holder of a race wagering licence under the Wagering Act 1998 ; or\n- (d) on licensed premises under the Liquor Act 1992 or the Wine Industry Act 1994 ; or\n- (e) in or on a place of public amusement, that is lawfully used for public amusement or entertainment, of a person employed solely for the purpose of the use; or\n- (f) in an exempt shop; or\n- (g) in an office where— (i) the usual activities conducted include renting or leasing accommodation; and (ii) the only activities being conducted are renting or leasing accommodation and related activities; or\n- (i) the usual activities conducted include renting or leasing accommodation; and\n- (ii) the only activities being conducted are renting or leasing accommodation and related activities; or\n- (h) in a factory or shop in employment solely for 1 or more of the following activities— (i) printing, publishing or distributing newspapers; (ii) manufacturing, distributing or supplying electricity, gas or water; (iii) a necessarily continuous process of manufacturing or mining; (iv) essential services; (v) milk supply; (vi) bread manufacturing; (vii) preparing food in restaurants, cafes, pastry-cook and hot takeaway food kitchens; (viii) an activity prescribed by regulation.\n- (i) printing, publishing or distributing newspapers;\n- (ii) manufacturing, distributing or supplying electricity, gas or water;\n- (iii) a necessarily continuous process of manufacturing or mining;\n- (iv) essential services;\n- (v) milk supply;\n- (vi) bread manufacturing;\n- (vii) preparing food in restaurants, cafes, pastry-cook and hot takeaway food kitchens;\n- (viii) an activity prescribed by regulation.\n- (i) the usual activities conducted include renting or leasing accommodation; and\n- (ii) the only activities being conducted are renting or leasing accommodation and related activities; or\n- (i) printing, publishing or distributing newspapers;\n- (ii) manufacturing, distributing or supplying electricity, gas or water;\n- (iii) a necessarily continuous process of manufacturing or mining;\n- (iv) essential services;\n- (v) milk supply;\n- (vi) bread manufacturing;\n- (vii) preparing food in restaurants, cafes, pastry-cook and hot takeaway food kitchens;\n- (viii) an activity prescribed by regulation.","sortOrder":73},{"sectionNumber":"sec.34","sectionType":"section","heading":"Real estate sales prohibited","content":"### sec.34 Real estate sales prohibited\n\nA person must not conduct the business of selling real estate on Anzac Day.\nMaximum penalty—40 penalty units.\ns 34 ins 1994 No. 23 s 16","sortOrder":74},{"sectionNumber":"sec.35","sectionType":"section","heading":"Closure of places of public amusement","content":"### sec.35 Closure of places of public amusement\n\nThe occupier of a place of public amusement is to cause the place to be closed on Anzac Day until 1.30p.m., except if the Minister has given permission in writing to the occupier to keep the place open on that day before that time.\nIt is an implied condition of a licence granted by a local government in relation to a place of public amusement that the holder of the licence must not contravene the provisions of subsection (1) .\nA breach of such implied condition is a matter to be taken into account in the exercise of an authority under law to cancel or suspend the licence for a breach of a condition thereof.\n(sec.35-ssec.1) The occupier of a place of public amusement is to cause the place to be closed on Anzac Day until 1.30p.m., except if the Minister has given permission in writing to the occupier to keep the place open on that day before that time.\n(sec.35-ssec.2) It is an implied condition of a licence granted by a local government in relation to a place of public amusement that the holder of the licence must not contravene the provisions of subsection (1) .\n(sec.35-ssec.3) A breach of such implied condition is a matter to be taken into account in the exercise of an authority under law to cancel or suspend the licence for a breach of a condition thereof.","sortOrder":75},{"sectionNumber":"sec.36","sectionType":"section","heading":"Closure of other places","content":"### sec.36 Closure of other places\n\nFactories and shops must be closed for the whole of Anzac Day.\nSubsection (1) does not apply to a place mentioned in section 33 (2) (b) to (h) .\ns 36 amd 1994 No. 23 s 3 sch\nsub 1995 No. 4 s 33 sch\namd 2017 No. 26 s 26\n(sec.36-ssec.1) Factories and shops must be closed for the whole of Anzac Day.\n(sec.36-ssec.2) Subsection (1) does not apply to a place mentioned in section 33 (2) (b) to (h) .","sortOrder":76},{"sectionNumber":"pt.7","sectionType":"part","heading":"Offences and proceedings","content":"# Offences and proceedings","sortOrder":77},{"sectionNumber":"sec.36A","sectionType":"section","heading":"Protection for employees—extended hours under Trading (Allowable Hours) Amendment Act 2002","content":"### sec.36A Protection for employees—extended hours under Trading (Allowable Hours) Amendment Act 2002\n\nAn employer must not require a current employee to work during extended hours unless the employee agrees, in writing, to work during extended hours.\nMaximum penalty—\nfor a first offence—16 penalty units; or\nfor a second or subsequent offence—20 penalty units.\nIn this section—\nagree means agree for a stated period or for an indefinite period.\ncurrent employee means an employee who is employed in a non-exempt shop immediately before 1 August 2002, other than in a non-exempt shop for which the permissible trading hours immediately before 1 August 2002 include trading hours on a Sunday or public holiday, other than a closed day.\nemployer means an employer of an employee employed in a non-exempt shop.\nextended hours means the permissible trading hours on a Sunday or public holiday, other than a closed day.\nnon-exempt shop means a non-exempt shop in the south-east Queensland area.\npermissible trading hours means the permissible trading hours under—\nwhile the trading hours order was in effect—the order; or\nfrom the commencement of the Trading (Allowable Hours) Amendment Act 2017 — section 16B .\nsouth-east Queensland area has the meaning given by section 31B as it was in force on 1 August 2002.\ntrading hours order has the meaning given by section 31B as in force from time to time before its repeal.\ns 36A ins 2002 No. 3 s 9\namd 2016 No. 63 s 1157 sch 6 ; 2017 No. 5 s 32 ; 2017 No. 26 s 27 ; 2022 No. 17 s 22\n(sec.36A-ssec.1) An employer must not require a current employee to work during extended hours unless the employee agrees, in writing, to work during extended hours. Maximum penalty— for a first offence—16 penalty units; or for a second or subsequent offence—20 penalty units.\n(sec.36A-ssec.2) In this section— agree means agree for a stated period or for an indefinite period. current employee means an employee who is employed in a non-exempt shop immediately before 1 August 2002, other than in a non-exempt shop for which the permissible trading hours immediately before 1 August 2002 include trading hours on a Sunday or public holiday, other than a closed day. employer means an employer of an employee employed in a non-exempt shop. extended hours means the permissible trading hours on a Sunday or public holiday, other than a closed day. non-exempt shop means a non-exempt shop in the south-east Queensland area. permissible trading hours means the permissible trading hours under— while the trading hours order was in effect—the order; or from the commencement of the Trading (Allowable Hours) Amendment Act 2017 — section 16B . south-east Queensland area has the meaning given by section 31B as it was in force on 1 August 2002. trading hours order has the meaning given by section 31B as in force from time to time before its repeal.\n- (a) for a first offence—16 penalty units; or\n- (b) for a second or subsequent offence—20 penalty units.\n- (a) while the trading hours order was in effect—the order; or\n- (b) from the commencement of the Trading (Allowable Hours) Amendment Act 2017 — section 16B .","sortOrder":78},{"sectionNumber":"sec.36AA","sectionType":"section","heading":"Protection for employees— Liquor and Other Legislation Amendment Act 2017","content":"### sec.36AA Protection for employees— Liquor and Other Legislation Amendment Act 2017\n\nAn employer must not require an employee to work during extended hours unless the employee has freely elected to work during extended hours.\nMaximum penalty—\nfor a first offence—16 penalty units; or\nfor a second or later offence—20 penalty units.\nFor subsection (1) , an employee has not freely elected to work during extended hours—\nif the employee elects to work during extended hours because the employee has been coerced, harassed, threatened or intimidated by or for the employer; or\nonly because the employee is rostered, or required under an industrial instrument, to work during those hours.\nIn this section—\nelect means agree in writing for a stated or indefinite period.\nemployer means an employer of an employee in a non-exempt shop in the south-east Queensland area.\nextended hours means the permitted trading hours under this Act on Easter Sunday for a non-exempt shop in the south-east Queensland area.\nsouth-east Queensland area means the south-east Queensland area within the meaning of section 16A , as it was in force immediately before the commencement of the Trading (Allowable Hours) and Other Legislation Amendment Act 2022 .\ns 36AA ins 2017 No. 5 s 33\namd 2017 No. 26 s 27A ; 2022 No. 17 s 23\n(sec.36AA-ssec.1) An employer must not require an employee to work during extended hours unless the employee has freely elected to work during extended hours. Maximum penalty— for a first offence—16 penalty units; or for a second or later offence—20 penalty units.\n(sec.36AA-ssec.2) For subsection (1) , an employee has not freely elected to work during extended hours— if the employee elects to work during extended hours because the employee has been coerced, harassed, threatened or intimidated by or for the employer; or only because the employee is rostered, or required under an industrial instrument, to work during those hours.\n(sec.36AA-ssec.3) In this section— elect means agree in writing for a stated or indefinite period. employer means an employer of an employee in a non-exempt shop in the south-east Queensland area. extended hours means the permitted trading hours under this Act on Easter Sunday for a non-exempt shop in the south-east Queensland area. south-east Queensland area means the south-east Queensland area within the meaning of section 16A , as it was in force immediately before the commencement of the Trading (Allowable Hours) and Other Legislation Amendment Act 2022 .\n- (a) for a first offence—16 penalty units; or\n- (b) for a second or later offence—20 penalty units.\n- (a) if the employee elects to work during extended hours because the employee has been coerced, harassed, threatened or intimidated by or for the employer; or\n- (b) only because the employee is rostered, or required under an industrial instrument, to work during those hours.","sortOrder":79},{"sectionNumber":"sec.36B","sectionType":"section","heading":"Protection for employees—extended hours under Trading (Allowable Hours) Amendment Act 2017","content":"### sec.36B Protection for employees—extended hours under Trading (Allowable Hours) Amendment Act 2017\n\nAn employer must not require an employee to work during extended hours unless the employee has freely elected to work during extended hours.\nMaximum penalty—\nfor a first offence—16 penalty units; or\nfor a second or later offence—20 penalty units.\nFor subsection (1) , an employee has not freely elected to work during extended hours—\nif the employee elects to work during extended hours because the employee has been coerced, harassed, threatened or intimidated by or for the employer; or\nonly because the employee is rostered, or required under an industrial instrument, to work during those hours.\nIn this section—\nelect means agree in writing for a stated or indefinite period.\nemployer means an employer of an employee in a non-exempt shop.\nextended hours means the permitted trading hours under this Act for a non-exempt shop on any day (other than a closed day), but only to the extent the hours are greater than the shop’s permitted trading hours immediately before the commencement.\ns 36B ins 2017 No. 26 s 28\namd 2022 No. 17 s 24\n(sec.36B-ssec.1) An employer must not require an employee to work during extended hours unless the employee has freely elected to work during extended hours. Maximum penalty— for a first offence—16 penalty units; or for a second or later offence—20 penalty units.\n(sec.36B-ssec.2) For subsection (1) , an employee has not freely elected to work during extended hours— if the employee elects to work during extended hours because the employee has been coerced, harassed, threatened or intimidated by or for the employer; or only because the employee is rostered, or required under an industrial instrument, to work during those hours.\n(sec.36B-ssec.3) In this section— elect means agree in writing for a stated or indefinite period. employer means an employer of an employee in a non-exempt shop. extended hours means the permitted trading hours under this Act for a non-exempt shop on any day (other than a closed day), but only to the extent the hours are greater than the shop’s permitted trading hours immediately before the commencement.\n- (a) for a first offence—16 penalty units; or\n- (b) for a second or later offence—20 penalty units.\n- (a) if the employee elects to work during extended hours because the employee has been coerced, harassed, threatened or intimidated by or for the employer; or\n- (b) only because the employee is rostered, or required under an industrial instrument, to work during those hours.","sortOrder":80},{"sectionNumber":"sec.36BA","sectionType":"section","heading":"Protection for employees—other extended hours","content":"### sec.36BA Protection for employees—other extended hours\n\nThis section applies if—\nthe core trading hours under this Act for a non-exempt shop are increased because—\nan amendment of this Act commences; or\na trading area order takes effect; or\na shop becomes an exempt shop because a special event declaration takes effect.\nAn employer of an employee employed in the shop must not require the employee to work during extended hours unless the employee has freely elected to work during extended hours.\nMaximum penalty—\nfor a first offence—16 penalty units; or\nfor a second or later offence—20 penalty units.\nFor subsection (2) , an employee has not freely elected to work during extended hours—\nif the employee elects to work during extended hours because the employee has been coerced, harassed, threatened or intimidated by or for the employer; or\nonly because the employee is rostered, or required under an industrial instrument, to work during those hours.\nIn this section—\nallowable trading hours means the shop’s core trading hours under part 4 , division 2 , subdivision 2 and, if relevant, the shop’s extended trading hours under part 4 , division 2 , subdivision 3 .\nelect means agree in writing for a stated or indefinite period.\nextended hours means—\nfor a non-exempt shop mentioned in subsection (1) (a) —the core trading hours under this Act for the shop on any day (other than a closed day), but only to the extent the hours are greater than the shop’s core trading hours immediately before—\nthe commencement of the amendment mentioned in subsection (1) (a) (i) ; or\nthe trading area order mentioned in subsection (1) (a) (ii) taking effect; or\nfor a shop mentioned in subsection (1) (b) —the trading hours for the shop during the period of the special event stated in the special event declaration, but only to the extent the hours are greater than what the shop’s allowable trading hours would be if the declaration had not taken effect.\ns 36BA ins 2022 No. 17 s 25\n(sec.36BA-ssec.1) This section applies if— the core trading hours under this Act for a non-exempt shop are increased because— an amendment of this Act commences; or a trading area order takes effect; or a shop becomes an exempt shop because a special event declaration takes effect.\n(sec.36BA-ssec.2) An employer of an employee employed in the shop must not require the employee to work during extended hours unless the employee has freely elected to work during extended hours. Maximum penalty— for a first offence—16 penalty units; or for a second or later offence—20 penalty units.\n(sec.36BA-ssec.3) For subsection (2) , an employee has not freely elected to work during extended hours— if the employee elects to work during extended hours because the employee has been coerced, harassed, threatened or intimidated by or for the employer; or only because the employee is rostered, or required under an industrial instrument, to work during those hours.\n(sec.36BA-ssec.4) In this section— allowable trading hours means the shop’s core trading hours under part 4 , division 2 , subdivision 2 and, if relevant, the shop’s extended trading hours under part 4 , division 2 , subdivision 3 . elect means agree in writing for a stated or indefinite period. extended hours means— for a non-exempt shop mentioned in subsection (1) (a) —the core trading hours under this Act for the shop on any day (other than a closed day), but only to the extent the hours are greater than the shop’s core trading hours immediately before— the commencement of the amendment mentioned in subsection (1) (a) (i) ; or the trading area order mentioned in subsection (1) (a) (ii) taking effect; or for a shop mentioned in subsection (1) (b) —the trading hours for the shop during the period of the special event stated in the special event declaration, but only to the extent the hours are greater than what the shop’s allowable trading hours would be if the declaration had not taken effect.\n- (a) the core trading hours under this Act for a non-exempt shop are increased because— (i) an amendment of this Act commences; or (ii) a trading area order takes effect; or\n- (i) an amendment of this Act commences; or\n- (ii) a trading area order takes effect; or\n- (b) a shop becomes an exempt shop because a special event declaration takes effect.\n- (i) an amendment of this Act commences; or\n- (ii) a trading area order takes effect; or\n- (a) for a first offence—16 penalty units; or\n- (b) for a second or later offence—20 penalty units.\n- (a) if the employee elects to work during extended hours because the employee has been coerced, harassed, threatened or intimidated by or for the employer; or\n- (b) only because the employee is rostered, or required under an industrial instrument, to work during those hours.\n- (a) for a non-exempt shop mentioned in subsection (1) (a) —the core trading hours under this Act for the shop on any day (other than a closed day), but only to the extent the hours are greater than the shop’s core trading hours immediately before— (i) the commencement of the amendment mentioned in subsection (1) (a) (i) ; or (ii) the trading area order mentioned in subsection (1) (a) (ii) taking effect; or\n- (i) the commencement of the amendment mentioned in subsection (1) (a) (i) ; or\n- (ii) the trading area order mentioned in subsection (1) (a) (ii) taking effect; or\n- (b) for a shop mentioned in subsection (1) (b) —the trading hours for the shop during the period of the special event stated in the special event declaration, but only to the extent the hours are greater than what the shop’s allowable trading hours would be if the declaration had not taken effect.\n- (i) the commencement of the amendment mentioned in subsection (1) (a) (i) ; or\n- (ii) the trading area order mentioned in subsection (1) (a) (ii) taking effect; or","sortOrder":81},{"sectionNumber":"sec.36C","sectionType":"section","heading":"Injunction to enforce observance of trading hours","content":"### sec.36C Injunction to enforce observance of trading hours\n\nUpon application made to it—\nby an industrial inspector; or\nby or on behalf of any industrial organisation, another organisation or a local government aggrieved;\nthe industrial commission may make such orders in the nature of mandatory or restrictive injunctions, or otherwise, as it thinks fit—\nto enforce compliance with the trading hours provided for under part 4 , division 2 ; or\nto restrain a breach or the continuance of a breach of the trading hours provided for under part 4 , division 2 .\nThe form of notice to a person in relation to an application for an order under subsection (1) , and the mode of service of such notice, is in the discretion of the industrial commission, which may order substituted service, by advertisement or otherwise, as it thinks fit.\ns 36C (prev s 30) amd 2017 No. 26 s 22(1)–(3)\nreloc and renum 2017 No. 26 s 22(4)\namd 2022 No. 17 s 29 sch 1\n(sec.36C-ssec.1) Upon application made to it— by an industrial inspector; or by or on behalf of any industrial organisation, another organisation or a local government aggrieved; the industrial commission may make such orders in the nature of mandatory or restrictive injunctions, or otherwise, as it thinks fit— to enforce compliance with the trading hours provided for under part 4 , division 2 ; or to restrain a breach or the continuance of a breach of the trading hours provided for under part 4 , division 2 .\n(sec.36C-ssec.2) The form of notice to a person in relation to an application for an order under subsection (1) , and the mode of service of such notice, is in the discretion of the industrial commission, which may order substituted service, by advertisement or otherwise, as it thinks fit.\n- (a) by an industrial inspector; or\n- (b) by or on behalf of any industrial organisation, another organisation or a local government aggrieved;\n- (c) to enforce compliance with the trading hours provided for under part 4 , division 2 ; or\n- (d) to restrain a breach or the continuance of a breach of the trading hours provided for under part 4 , division 2 .","sortOrder":82},{"sectionNumber":"sec.37","sectionType":"section","heading":"Soliciting business to be transacted outside trading hours","content":"### sec.37 Soliciting business to be transacted outside trading hours\n\nIf there is published a statement that is calculated, or apparently calculated, to promote business conducted in a factory or shop, which statement states, suggests or implies that, at a time when the factory or shop is required by a provision of this Act or by an industrial commission order to be closed—\nthe factory or shop will be open to the public for any purpose of trade or inspection of goods; or\ngoods will be sold, or offered or exposed for sale, in the factory or shop; or\na person will be in attendance at the factory or shop, or at any other place, for receipt of—\norders for goods;\nrequests for demonstration of goods, or delivery of goods on approval;\nthe following persons thereby commit an offence against this Act—\na person who publishes the statement, or causes or permits the statement to be published;\nthe occupier of the factory or shop, the business of which is calculated, or apparently calculated, to be promoted by publication of the statement.\nThe occupier of a factory is not to be taken to have committed an offence defined in subsection (1) only because goods manufactured wholly or partially at the factory are mentioned by a trade or other name in the statement.\nA statement is taken to have been published if it is communicated to any person by action, or by way of the spoken or written word, or by way of pictorial or other visual representation.\nA person is not to be prosecuted for publishing, or causing to be published, a statement referred to in subsection (1) unless—\nthe person had been warned by an industrial inspector that publication of the statement, or of one substantially similar, is, or would be, an offence against this Act; and\nthe person published, or caused or permitted to be published, the statement after receipt of the warning; and\nthe Minister’s consent to the prosecution is first obtained.\nSubsection (4) does not apply where the person to be prosecuted is the occupier of the factory or shop, the business of which is calculated, or apparently calculated, to be promoted by publication of the statement in question.\ns 37 amd 1994 No. 23 s 3 sch\n(sec.37-ssec.1) If there is published a statement that is calculated, or apparently calculated, to promote business conducted in a factory or shop, which statement states, suggests or implies that, at a time when the factory or shop is required by a provision of this Act or by an industrial commission order to be closed— the factory or shop will be open to the public for any purpose of trade or inspection of goods; or goods will be sold, or offered or exposed for sale, in the factory or shop; or a person will be in attendance at the factory or shop, or at any other place, for receipt of— orders for goods; requests for demonstration of goods, or delivery of goods on approval; the following persons thereby commit an offence against this Act— a person who publishes the statement, or causes or permits the statement to be published; the occupier of the factory or shop, the business of which is calculated, or apparently calculated, to be promoted by publication of the statement.\n(sec.37-ssec.2) The occupier of a factory is not to be taken to have committed an offence defined in subsection (1) only because goods manufactured wholly or partially at the factory are mentioned by a trade or other name in the statement.\n(sec.37-ssec.3) A statement is taken to have been published if it is communicated to any person by action, or by way of the spoken or written word, or by way of pictorial or other visual representation.\n(sec.37-ssec.4) A person is not to be prosecuted for publishing, or causing to be published, a statement referred to in subsection (1) unless— the person had been warned by an industrial inspector that publication of the statement, or of one substantially similar, is, or would be, an offence against this Act; and the person published, or caused or permitted to be published, the statement after receipt of the warning; and the Minister’s consent to the prosecution is first obtained.\n(sec.37-ssec.5) Subsection (4) does not apply where the person to be prosecuted is the occupier of the factory or shop, the business of which is calculated, or apparently calculated, to be promoted by publication of the statement in question.\n- (a) the factory or shop will be open to the public for any purpose of trade or inspection of goods; or\n- (b) goods will be sold, or offered or exposed for sale, in the factory or shop; or\n- (c) a person will be in attendance at the factory or shop, or at any other place, for receipt of— (i) orders for goods; (ii) requests for demonstration of goods, or delivery of goods on approval;\n- (i) orders for goods;\n- (ii) requests for demonstration of goods, or delivery of goods on approval;\n- (i) orders for goods;\n- (ii) requests for demonstration of goods, or delivery of goods on approval;\n- (d) a person who publishes the statement, or causes or permits the statement to be published;\n- (e) the occupier of the factory or shop, the business of which is calculated, or apparently calculated, to be promoted by publication of the statement.\n- (a) the person had been warned by an industrial inspector that publication of the statement, or of one substantially similar, is, or would be, an offence against this Act; and\n- (b) the person published, or caused or permitted to be published, the statement after receipt of the warning; and\n- (c) the Minister’s consent to the prosecution is first obtained.","sortOrder":83},{"sectionNumber":"sec.38","sectionType":"section","heading":"Certain persons not to be employed as watchpersons","content":"### sec.38 Certain persons not to be employed as watchpersons\n\nA person who is an occupier of a shop is not to employ, as a watchperson therein, a person who is also employed as a salesperson or clerk in, or in connection with—\nthe business of that shop; or\nthe business of any other shop of which the firstmentioned person is also an occupier.\n- (a) the business of that shop; or\n- (b) the business of any other shop of which the firstmentioned person is also an occupier.","sortOrder":84},{"sectionNumber":"sec.39","sectionType":"section","heading":"Obstruction of industrial inspector","content":"### sec.39 Obstruction of industrial inspector\n\nA person is not—\nto assault, resist, impede, delay or otherwise obstruct or attempt to obstruct an inspector in exercise of powers or performance of duties under this Act;\nto fail to answer any question put to the person by an inspector for the purposes of this Act, or give a false or misleading answer to any such question;\nto fail to sign a declaration that the person is required by or under this Act, or by an inspector for the purposes of this Act, to sign;\nto fail to comply in all respects with a lawful request, requisition or direction of an inspector;\nwhen required by or under this Act to furnish—\nassistance to an inspector; or\ninformation to an inspector—\nto fail to furnish the assistance or information; or\nto furnish information that the person knows to be false or misleading, or does not believe to be true;\nto fail—\nto produce to an inspector any permit, certificate or authority had, or claimed to be had, by the person under or for the purposes of this Act, when required by the inspector to produce the same;\nto produce to an inspector any time sheet, pay sheet or other records required by law to be kept or had by the person, when required by the inspector to produce the same;\nto produce to an inspector records referred to in section 8 (1) (f) in the possession or control of the person, when required by the inspector to produce the same;\nto allow an inspector to whom anything has been produced to examine the thing and to make copies of, or take extracts from the thing, any part thereof or any entries therein;\nto prevent, or attempt to prevent, directly or indirectly, any person from appearing before, or being questioned by, an inspector;\nto use threatening, abusive or insulting language to an inspector, or to any employee, in respect of any inspection, examination or questioning;\nto impersonate an inspector.\n- (a) to assault, resist, impede, delay or otherwise obstruct or attempt to obstruct an inspector in exercise of powers or performance of duties under this Act;\n- (b) to fail to answer any question put to the person by an inspector for the purposes of this Act, or give a false or misleading answer to any such question;\n- (c) to fail to sign a declaration that the person is required by or under this Act, or by an inspector for the purposes of this Act, to sign;\n- (d) to fail to comply in all respects with a lawful request, requisition or direction of an inspector;\n- (e) when required by or under this Act to furnish— (i) assistance to an inspector; or (ii) information to an inspector— (A) to fail to furnish the assistance or information; or (B) to furnish information that the person knows to be false or misleading, or does not believe to be true;\n- (i) assistance to an inspector; or\n- (ii) information to an inspector— (A) to fail to furnish the assistance or information; or (B) to furnish information that the person knows to be false or misleading, or does not believe to be true;\n- (A) to fail to furnish the assistance or information; or\n- (B) to furnish information that the person knows to be false or misleading, or does not believe to be true;\n- (f) to fail— (i) to produce to an inspector any permit, certificate or authority had, or claimed to be had, by the person under or for the purposes of this Act, when required by the inspector to produce the same; (ii) to produce to an inspector any time sheet, pay sheet or other records required by law to be kept or had by the person, when required by the inspector to produce the same; (iii) to produce to an inspector records referred to in section 8 (1) (f) in the possession or control of the person, when required by the inspector to produce the same; (iv) to allow an inspector to whom anything has been produced to examine the thing and to make copies of, or take extracts from the thing, any part thereof or any entries therein;\n- (i) to produce to an inspector any permit, certificate or authority had, or claimed to be had, by the person under or for the purposes of this Act, when required by the inspector to produce the same;\n- (ii) to produce to an inspector any time sheet, pay sheet or other records required by law to be kept or had by the person, when required by the inspector to produce the same;\n- (iii) to produce to an inspector records referred to in section 8 (1) (f) in the possession or control of the person, when required by the inspector to produce the same;\n- (iv) to allow an inspector to whom anything has been produced to examine the thing and to make copies of, or take extracts from the thing, any part thereof or any entries therein;\n- (g) to prevent, or attempt to prevent, directly or indirectly, any person from appearing before, or being questioned by, an inspector;\n- (h) to use threatening, abusive or insulting language to an inspector, or to any employee, in respect of any inspection, examination or questioning;\n- (i) to impersonate an inspector.\n- (i) assistance to an inspector; or\n- (ii) information to an inspector— (A) to fail to furnish the assistance or information; or (B) to furnish information that the person knows to be false or misleading, or does not believe to be true;\n- (A) to fail to furnish the assistance or information; or\n- (B) to furnish information that the person knows to be false or misleading, or does not believe to be true;\n- (A) to fail to furnish the assistance or information; or\n- (B) to furnish information that the person knows to be false or misleading, or does not believe to be true;\n- (i) to produce to an inspector any permit, certificate or authority had, or claimed to be had, by the person under or for the purposes of this Act, when required by the inspector to produce the same;\n- (ii) to produce to an inspector any time sheet, pay sheet or other records required by law to be kept or had by the person, when required by the inspector to produce the same;\n- (iii) to produce to an inspector records referred to in section 8 (1) (f) in the possession or control of the person, when required by the inspector to produce the same;\n- (iv) to allow an inspector to whom anything has been produced to examine the thing and to make copies of, or take extracts from the thing, any part thereof or any entries therein;","sortOrder":85},{"sectionNumber":"sec.40","sectionType":"section","heading":"Forgery etc.","content":"### sec.40 Forgery etc.\n\nA person is not—\nto counterfeit, forge or fraudulently alter any permit, notice or other document that the Minister or chief industrial inspector is authorised to grant or issue under this Act;\nto use, or attempt to use, any such permit, notice or other document knowing it to be counterfeit, forged or fraudulently altered;\nto grant, issue, use or attempt to use any such permit, notice or other document knowing it to be false in a material particular;\nto make an entry in any time sheet or pay sheet or in other records, knowing the entry to be false.\n- (a) to counterfeit, forge or fraudulently alter any permit, notice or other document that the Minister or chief industrial inspector is authorised to grant or issue under this Act;\n- (b) to use, or attempt to use, any such permit, notice or other document knowing it to be counterfeit, forged or fraudulently altered;\n- (c) to grant, issue, use or attempt to use any such permit, notice or other document knowing it to be false in a material particular;\n- (d) to make an entry in any time sheet or pay sheet or in other records, knowing the entry to be false.","sortOrder":86},{"sectionNumber":"sec.41","sectionType":"section","heading":"General offence","content":"### sec.41 General offence\n\nA person who contravenes or fails to comply with—\na provision of this Act;\na term of an industrial commission order, including an order by way of injunction;\na term of a permit issued under this Act;\ncommits an offence against this Act.\ns 41 amd 1994 No. 23 s 3 sch\n- (a) a provision of this Act;\n- (b) a term of an industrial commission order, including an order by way of injunction;\n- (c) a term of a permit issued under this Act;","sortOrder":87},{"sectionNumber":"sec.42","sectionType":"section","heading":"Quantum of pecuniary penalty","content":"### sec.42 Quantum of pecuniary penalty\n\nA person guilty of an offence against this Act is liable—\nif the person is a body corporate—to a penalty of 200 penalty units;\nif the person is an individual—to a penalty of 40 penalty units.\n- (a) if the person is a body corporate—to a penalty of 200 penalty units;\n- (b) if the person is an individual—to a penalty of 40 penalty units.","sortOrder":88},{"sectionNumber":"sec.43","sectionType":"section","heading":"Manner of proceedings under Act","content":"### sec.43 Manner of proceedings under Act\n\nA prosecution in respect of an offence against this Act that consists in a contravention or failure to comply with a term of an industrial commission order by way of injunction is to be taken in the industrial court.\nA person aggrieved by a decision of the industrial court upon such a prosecution may appeal against the decision to the Court of Appeal.\nExcept as prescribed by subsection (1) , a prosecution in respect of an offence against this Act is to be taken in a summary way in a court constituted by an industrial magistrate.\nThe provisions of the Industrial Relations Act 2016 , and of the rules of court having force and effect under that Act, that govern—\nproceedings in the industrial court, the industrial commission or an Industrial Magistrates Court;\nrepresentation of parties in such proceedings;\nthe powers of the industrial court, industrial commission or an Industrial Magistrates Court in relation to such proceedings;\nappeals from decisions of the industrial commission or an Industrial Magistrates Court;\nentitlement of the Crown and the Minister to intervene in proceedings before the industrial court, the industrial commission, an Industrial Magistrates Court or the industrial registrar;\napply, as far as may be (with any necessary adaptations), and subject to the provisions of this Act, in relation to the exercise of jurisdiction under this Act, and proceedings taken for that purpose, and decisions made therein.\nJurisdiction is conferred on the industrial court, the industrial commission, and every industrial magistrate to hear and determine all proceedings duly brought before the court, commission or magistrate under this Act.\ns 43 amd 1994 No. 23 s 3 sch ; 1999 No. 33 s 747 sch 3 ; 2016 No. 63 s 1157 sch 6\n(sec.43-ssec.1) A prosecution in respect of an offence against this Act that consists in a contravention or failure to comply with a term of an industrial commission order by way of injunction is to be taken in the industrial court.\n(sec.43-ssec.2) A person aggrieved by a decision of the industrial court upon such a prosecution may appeal against the decision to the Court of Appeal.\n(sec.43-ssec.3) Except as prescribed by subsection (1) , a prosecution in respect of an offence against this Act is to be taken in a summary way in a court constituted by an industrial magistrate.\n(sec.43-ssec.4) The provisions of the Industrial Relations Act 2016 , and of the rules of court having force and effect under that Act, that govern— proceedings in the industrial court, the industrial commission or an Industrial Magistrates Court; representation of parties in such proceedings; the powers of the industrial court, industrial commission or an Industrial Magistrates Court in relation to such proceedings; appeals from decisions of the industrial commission or an Industrial Magistrates Court; entitlement of the Crown and the Minister to intervene in proceedings before the industrial court, the industrial commission, an Industrial Magistrates Court or the industrial registrar; apply, as far as may be (with any necessary adaptations), and subject to the provisions of this Act, in relation to the exercise of jurisdiction under this Act, and proceedings taken for that purpose, and decisions made therein.\n(sec.43-ssec.5) Jurisdiction is conferred on the industrial court, the industrial commission, and every industrial magistrate to hear and determine all proceedings duly brought before the court, commission or magistrate under this Act.\n- (a) proceedings in the industrial court, the industrial commission or an Industrial Magistrates Court;\n- (b) representation of parties in such proceedings;\n- (c) the powers of the industrial court, industrial commission or an Industrial Magistrates Court in relation to such proceedings;\n- (d) appeals from decisions of the industrial commission or an Industrial Magistrates Court;\n- (e) entitlement of the Crown and the Minister to intervene in proceedings before the industrial court, the industrial commission, an Industrial Magistrates Court or the industrial registrar;","sortOrder":89},{"sectionNumber":"sec.44","sectionType":"section","heading":"Parties to offences","content":"### sec.44 Parties to offences\n\nThis section applies and is to be given effect—\nwithout prejudice to the application of the Criminal Code , section 7 ; and\nnotwithstanding the provisions of the Criminal Code , section 23 .\nWhere an offence against this Act is committed in relation to a factory or shop or place of public amusement, of which there is more than 1 occupier (as defined by this Act), each such occupier is liable to be punished for the offence.\nthe members of the governing body of the body corporate, by whatever name called;\npersons who manage or participate in the management or control of the body corporate’s business in the State.\nNotwithstanding the provisions of subsection (2) , a person is not liable to be punished for an offence for which the person would otherwise be liable to be punished if it is shown that the person committed the contravention or failure to comply as an employee acting under the express direction of the person’s employer.\ns 44 amd 2013 No. 51 s 204\n(sec.44-ssec.1) This section applies and is to be given effect— without prejudice to the application of the Criminal Code , section 7 ; and notwithstanding the provisions of the Criminal Code , section 23 .\n(sec.44-ssec.2) Where an offence against this Act is committed in relation to a factory or shop or place of public amusement, of which there is more than 1 occupier (as defined by this Act), each such occupier is liable to be punished for the offence. the members of the governing body of the body corporate, by whatever name called; persons who manage or participate in the management or control of the body corporate’s business in the State.\n(sec.44-ssec.3) Notwithstanding the provisions of subsection (2) , a person is not liable to be punished for an offence for which the person would otherwise be liable to be punished if it is shown that the person committed the contravention or failure to comply as an employee acting under the express direction of the person’s employer.\n- (a) without prejudice to the application of the Criminal Code , section 7 ; and\n- (b) notwithstanding the provisions of the Criminal Code , section 23 .\n- (a) the members of the governing body of the body corporate, by whatever name called;\n- (b) persons who manage or participate in the management or control of the body corporate’s business in the State.","sortOrder":90},{"sectionNumber":"sec.45","sectionType":"section","heading":"Liability for offence committed by employee","content":"### sec.45 Liability for offence committed by employee\n\nThis section applies and is to be given effect, notwithstanding the Criminal Code , section 23 .\nWhere an offence against this Act is committed by a person acting therein as an agent or employee of another, the principal or employer of that person is taken to have committed the offence and may be charged with the offence, in addition to the person who actually committed the offence.\nIt is immaterial that the offence was committed without the authority of, or contrary to the instructions of, the principal or employer.\nIt is a defence to a charge of an offence made pursuant to subsection (2) that the defendant had no knowledge of the commission of the offence and could not, by the exercise of reasonable diligence, have prevented commission of the offence by the defendant’s agent or employee.\n(sec.45-ssec.1) This section applies and is to be given effect, notwithstanding the Criminal Code , section 23 .\n(sec.45-ssec.2) Where an offence against this Act is committed by a person acting therein as an agent or employee of another, the principal or employer of that person is taken to have committed the offence and may be charged with the offence, in addition to the person who actually committed the offence.\n(sec.45-ssec.3) It is immaterial that the offence was committed without the authority of, or contrary to the instructions of, the principal or employer.\n(sec.45-ssec.4) It is a defence to a charge of an offence made pursuant to subsection (2) that the defendant had no knowledge of the commission of the offence and could not, by the exercise of reasonable diligence, have prevented commission of the offence by the defendant’s agent or employee.","sortOrder":91},{"sectionNumber":"sec.46","sectionType":"section","heading":"Evidentiary provisions","content":"### sec.46 Evidentiary provisions\n\nIn proceedings under or for the purposes of this Act (whether for an offence or not)—\nthe allegation or averment in a complaint that the defendant therein was, at the time of commission of an offence, occupier of the factory or shop or place of public amusement in question is sufficient proof of the matter alleged or averred until the contrary is proved;\nthe due appointment as industrial inspector of any person claiming to be, or stated to be, an industrial inspector is to be presumed in the absence of evidence to the contrary;\nthe authority of an industrial inspector to take a proceeding, or do any action, is to be presumed in the absence of evidence to the contrary;\na signature purporting to be that of the Minister or an industrial inspector is to be taken as the signature of that person in the absence of evidence to the contrary;\na document purporting to be a duplicate or copy of a notice or permit given or issued under this Act, upon its production in the proceedings, is admissible therein as evidence and, in the absence of evidence to the contrary, conclusive evidence of the original thereof;\nthe limits of any district or part of the State, or of any road or other place, and the situation of premises in or outside a particular district or part of the State are, or is, to be presumed in the absence of evidence to the contrary;\na document, or a copy of a document, purporting to be an extract from the QIRC website purporting to contain notification of a decision, declaration or order of the industrial court or industrial commission is admissible as evidence of the lawful making of the decision or order, and as conclusive evidence of the matters contained in the notification;\na certificate purporting to be that of the chief industrial inspector that an article or class of article specified therein is such that a reasonable person would expect the article, or an article of that class, to be sold in a shop of a description specified therein is evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein.\ns 46 amd 2009 No. 38 s 53 ; 2017 No. 26 s 29\n- (a) the allegation or averment in a complaint that the defendant therein was, at the time of commission of an offence, occupier of the factory or shop or place of public amusement in question is sufficient proof of the matter alleged or averred until the contrary is proved;\n- (b) the due appointment as industrial inspector of any person claiming to be, or stated to be, an industrial inspector is to be presumed in the absence of evidence to the contrary;\n- (c) the authority of an industrial inspector to take a proceeding, or do any action, is to be presumed in the absence of evidence to the contrary;\n- (d) a signature purporting to be that of the Minister or an industrial inspector is to be taken as the signature of that person in the absence of evidence to the contrary;\n- (e) a document purporting to be a duplicate or copy of a notice or permit given or issued under this Act, upon its production in the proceedings, is admissible therein as evidence and, in the absence of evidence to the contrary, conclusive evidence of the original thereof;\n- (f) the limits of any district or part of the State, or of any road or other place, and the situation of premises in or outside a particular district or part of the State are, or is, to be presumed in the absence of evidence to the contrary;\n- (g) a document, or a copy of a document, purporting to be an extract from the QIRC website purporting to contain notification of a decision, declaration or order of the industrial court or industrial commission is admissible as evidence of the lawful making of the decision or order, and as conclusive evidence of the matters contained in the notification;\n- (h) a certificate purporting to be that of the chief industrial inspector that an article or class of article specified therein is such that a reasonable person would expect the article, or an article of that class, to be sold in a shop of a description specified therein is evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein.","sortOrder":92},{"sectionNumber":"pt.7A","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":93},{"sectionNumber":"sec.46A","sectionType":"section","heading":"Publication of particular repealed orders","content":"### sec.46A Publication of particular repealed orders\n\nThe industrial registrar must ensure the following orders are published on the QIRC website—\nthe 2017 trading hours order;\nthe repealed car yards order within the meaning of section 16EA .\ns 46A ins 2017 No. 26 s 30\n- (a) the 2017 trading hours order;\n- (b) the repealed car yards order within the meaning of section 16EA .","sortOrder":94},{"sectionNumber":"sec.46B","sectionType":"section","heading":null,"content":"### Section sec.46B\n\ns 46B ins 2017 No. 26 s 30\nom 2022 No. 17 s 29 sch 1","sortOrder":95},{"sectionNumber":"sec.47","sectionType":"section","heading":"Regulations","content":"### sec.47 Regulations\n\nThe Governor in Council may make regulations under this Act, including regulations imposing fees.\ns 47 ins 1994 No. 23 s 3 sch","sortOrder":96},{"sectionNumber":"pt.8","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":97},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Transitional provision for Act No. 23 of 1994","content":"## Transitional provision for Act No. 23 of 1994","sortOrder":98},{"sectionNumber":"sec.48","sectionType":"section","heading":"Extension of trading hours does not affect pay rates","content":"### sec.48 Extension of trading hours does not affect pay rates\n\nThe extension of the trading hours of a non-exempt shop because of—\nthe enactment of the Trading (Allowable Hours) Amendment Act 1994 ; or\nan industrial commission order;\nis not intended to imply that the extended hours are to be the hours for which ordinary rates of pay are to be paid under an award.\ns 48 ins 1994 No. 23 s 17\n- (a) the enactment of the Trading (Allowable Hours) Amendment Act 1994 ; or\n- (b) an industrial commission order;","sortOrder":99},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Transitional provision for Electrical Safety and Other Legislation Amendment Act 2009","content":"## Transitional provision for Electrical Safety and Other Legislation Amendment Act 2009","sortOrder":100},{"sectionNumber":"sec.49","sectionType":"section","heading":"Notifications published in industrial gazette","content":"### sec.49 Notifications published in industrial gazette\n\nThis section applies if, before the commencement, a notification was published in the industrial gazette as required or permitted by a provision of this Act ( relevant provision ) as in force before the commencement.\nDespite the amendment of the relevant provision by the Electrical Safety and Other Legislation Amendment Act 2009 , after the commencement—\nthe notification continues to have been published for the relevant provision; and\nsection 46 , as in force immediately before the commencement, continues to apply to a copy of, or a document purporting to be an extract from, the industrial gazette.\nIn this section—\ncommencement means the commencement of this section.\nindustrial gazette means the Queensland Government Industrial Gazette.\ns 49 orig s 49 ins 1994 No. 23 s 17\nexp 16 August 1994 (see s 49(4))\nprev s 49 ins 1998 No. 45 s 3\nexp 31 December 1998 (see s 53)\nins 1999 No. 83 s 4\nexp 2 January 2000 (see s 54)\nins 2004 No. 45 s 138\nexp 31 March 2005 (see s 53)\npres s 49 ins 2009 No. 38 s 55\n(sec.49-ssec.1) This section applies if, before the commencement, a notification was published in the industrial gazette as required or permitted by a provision of this Act ( relevant provision ) as in force before the commencement.\n(sec.49-ssec.2) Despite the amendment of the relevant provision by the Electrical Safety and Other Legislation Amendment Act 2009 , after the commencement— the notification continues to have been published for the relevant provision; and section 46 , as in force immediately before the commencement, continues to apply to a copy of, or a document purporting to be an extract from, the industrial gazette.\n(sec.49-ssec.3) In this section— commencement means the commencement of this section. industrial gazette means the Queensland Government Industrial Gazette.\n- (a) the notification continues to have been published for the relevant provision; and\n- (b) section 46 , as in force immediately before the commencement, continues to apply to a copy of, or a document purporting to be an extract from, the industrial gazette.","sortOrder":101},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Transitional provisions for Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013","content":"## Transitional provisions for Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013","sortOrder":102},{"sectionNumber":"sec.50","sectionType":"section","heading":"Definitions for div 3","content":"### sec.50 Definitions for div 3\n\nIn this division—\ncommencement means the commencement of this section.\ncommissioner see the Industrial Relations Act 1999 , section 256(1)(b).\nnew , for a provision of this Act, means the provision as in force from the commencement.\nprevious , for a provision of this Act, means the provision as in force immediately before the commencement.\ns 50 orig s 50 ins 1998 No. 45 s 3\nexp 31 December 1998 (see s 53)\nprev s 50 ins 1999 No. 83 s 4\nexp 2 January 2000 (see s 54)\nins 2004 No. 45 s 138\nexp 31 March 2005 (see s 53)\npres s 50 ins 2013 No. 61 s 115","sortOrder":103},{"sectionNumber":"sec.51","sectionType":"section","heading":"Proceedings started before commencement","content":"### sec.51 Proceedings started before commencement\n\nThis section applies to the matter of an order under previous section 21 or 22(1) if, before the commencement, a proceeding for the matter had been started but not decided or otherwise ended.\nThe full bench of the industrial commission must hear and decide, or continue to hear and decide, the matter under this Act as in force immediately before the commencement.\nHowever, if immediately before the commencement the hearing of the matter had not started—\nthe vice-president may reallocate the matter to an industrial commission constituted by a commissioner sitting alone; and\nthe industrial commission must hear and decide the matter under this Act as in force immediately before the commencement.\ns 51 orig s 51 ins 1998 No. 45 s 3\nexp 31 December 1998 (see s 53)\nprev s 51 ins 1999 No. 83 s 4\nexp 2 January 2000 (see s 54)\nins 2004 No. 45 s 138\nexp 31 March 2005 (see s 53)\npres s 51 ins 2013 No. 61 s 115\n(sec.51-ssec.1) This section applies to the matter of an order under previous section 21 or 22(1) if, before the commencement, a proceeding for the matter had been started but not decided or otherwise ended.\n(sec.51-ssec.2) The full bench of the industrial commission must hear and decide, or continue to hear and decide, the matter under this Act as in force immediately before the commencement.\n(sec.51-ssec.3) However, if immediately before the commencement the hearing of the matter had not started— the vice-president may reallocate the matter to an industrial commission constituted by a commissioner sitting alone; and the industrial commission must hear and decide the matter under this Act as in force immediately before the commencement.\n- (a) the vice-president may reallocate the matter to an industrial commission constituted by a commissioner sitting alone; and\n- (b) the industrial commission must hear and decide the matter under this Act as in force immediately before the commencement.","sortOrder":104},{"sectionNumber":"sec.52","sectionType":"section","heading":"Special exhibition orders","content":"### sec.52 Special exhibition orders\n\nThis section applies to an order made under previous section 22 by the industrial commission constituted by the full bench or a commissioner sitting alone.\nFrom the commencement, the order is taken to be an order of the industrial commission made under new section 22.\ns 52 orig s 52 ins 1998 No. 45 s 3\nexp 31 December 1998 (see s 53)\nprev s 52 ins 1999 No. 83 s 4\nexp 2 January 2000 (see s 54)\nins 2004 No. 45 s 138\nexp 31 March 2005 (see s 53)\npres s 52 ins 2013 No. 61 s 115\n(sec.52-ssec.1) This section applies to an order made under previous section 22 by the industrial commission constituted by the full bench or a commissioner sitting alone.\n(sec.52-ssec.2) From the commencement, the order is taken to be an order of the industrial commission made under new section 22.","sortOrder":105},{"sectionNumber":"pt.8-div.4","sectionType":"division","heading":"Transitional provision for Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2015","content":"## Transitional provision for Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2015","sortOrder":106},{"sectionNumber":"sec.53","sectionType":"section","heading":"Referral by vice-president","content":"### sec.53 Referral by vice-president\n\nThis section applies to a referral by the vice-president under section 23A in relation to a matter that immediately before the commencement had not been decided by the full bench.\nThe referral continues to have effect, and the full bench may hear and decide the matter referred to it, after the commencement as if the referral had been made by the president.\ns 53 orig s 53 ins 1998 No. 45 s 3\nexp 31 December 1998 (see s 53)\nprev s 53 ins 1999 No. 83 s 4\nexp 2 January 2000 (see s 54)\nprev s 53 ins 2004 No. 45 s 138\nexp 31 March 2005 (see s 53)\npres s 53 ins 2015 No. 13 s 37BE\n(sec.53-ssec.1) This section applies to a referral by the vice-president under section 23A in relation to a matter that immediately before the commencement had not been decided by the full bench.\n(sec.53-ssec.2) The referral continues to have effect, and the full bench may hear and decide the matter referred to it, after the commencement as if the referral had been made by the president.","sortOrder":107},{"sectionNumber":"pt.8-div.5","sectionType":"division","heading":"Transitional provision for Liquor and Other Legislation Amendment Act 2017","content":"## Transitional provision for Liquor and Other Legislation Amendment Act 2017","sortOrder":108},{"sectionNumber":"sec.54","sectionType":"section","heading":"Application of amended s 31B—Easter Sunday","content":"### sec.54 Application of amended s 31B—Easter Sunday\n\nSection 31B(2), as it applies on the commencement, has effect despite any provision of the trading hours order in force immediately before the commencement.\nThe Liquor and Other Legislation Amendment Act 2017 , section 30 amended section 31B of this Act to provide that Easter Sunday is not a closed day for the south-east Queensland area.\ns 54 prev s 54 ins 1999 No. 83 s 4\nexp 2 January 2000 (see s 54)\npres s 54 ins 2017 No. 5 s 34","sortOrder":109},{"sectionNumber":"pt.8-div.6","sectionType":"division","heading":"Transitional provisions for Trading (Allowable Hours) Amendment Act 2017","content":"## Transitional provisions for Trading (Allowable Hours) Amendment Act 2017","sortOrder":110},{"sectionNumber":"sec.55","sectionType":"section","heading":"Definitions for division","content":"### sec.55 Definitions for division\n\nIn this division—\namendment Act means the Trading (Allowable Hours) Amendment Act 2017 .\nformer , in relation to a provision of this Act, means the provision as in force before its amendment or repeal by the amendment Act.\nintroduction means the introduction into the Legislative Assembly of the Bill for the amendment Act.\nmoratorium period means the period starting on the introduction and ending 5 years after the day of the commencement.\nprescribed s 16D shop means a non-exempt shop—\nto which section 16D applies; and\nthat is not permitted under that section to open on Sunday and public holidays.\ns 55 ins 2017 No. 26 s 31\n- (a) to which section 16D applies; and\n- (b) that is not permitted under that section to open on Sunday and public holidays.","sortOrder":111},{"sectionNumber":"sec.56","sectionType":"section","heading":"Shops in Mossman and Port Douglas Tourist Area","content":"### sec.56 Shops in Mossman and Port Douglas Tourist Area\n\nThis section applies to a shop in the Mossman and Port Douglas Tourist Area.\nFor the period starting on the commencement and ending 5 years after the day of the commencement—\nif the shop is a non-exempt shop—the shop is taken to be an exempt shop; or\nif the shop is an independent retail shop—section 17 does not apply to the shop.\nThis section applies despite any other provision of this Act.\nIn this section—\nMossman and Port Douglas Tourist Area has the meaning given by the 2017 trading hours order.\ns 56 ins 2017 No. 26 s 31\n(sec.56-ssec.1) This section applies to a shop in the Mossman and Port Douglas Tourist Area.\n(sec.56-ssec.2) For the period starting on the commencement and ending 5 years after the day of the commencement— if the shop is a non-exempt shop—the shop is taken to be an exempt shop; or if the shop is an independent retail shop—section 17 does not apply to the shop.\n(sec.56-ssec.3) This section applies despite any other provision of this Act.\n(sec.56-ssec.4) In this section— Mossman and Port Douglas Tourist Area has the meaning given by the 2017 trading hours order.\n- (a) if the shop is a non-exempt shop—the shop is taken to be an exempt shop; or\n- (b) if the shop is an independent retail shop—section 17 does not apply to the shop.","sortOrder":112},{"sectionNumber":"sec.57","sectionType":"section","heading":"Repeal of existing orders","content":"### sec.57 Repeal of existing orders\n\nOn the commencement, the following orders are repealed—\nan order made by the industrial commission under former section 21 or 22 that was in effect immediately before the commencement;\nan order made by the industrial commission before the commencement under former section 21 or 22 that, immediately before the commencement, had not yet taken effect.\ns 57 ins 2017 No. 26 s 31\n- (a) an order made by the industrial commission under former section 21 or 22 that was in effect immediately before the commencement;\n- (b) an order made by the industrial commission before the commencement under former section 21 or 22 that, immediately before the commencement, had not yet taken effect.","sortOrder":113},{"sectionNumber":"sec.59","sectionType":"section","heading":"Moratorium on trading hours orders and restriction on making applications","content":"### sec.59 Moratorium on trading hours orders and restriction on making applications\n\nDuring the moratorium period—\nthe industrial commission must not make an order under section 21, other than an order made on an application dealt with under section 60(2); and\nan industrial organisation, another organisation or a local government must not make an application for an order under section 21.\nAn application for an order under section 21 made or purportedly made during the moratorium period is of no effect.\ns 59 ins 2017 No. 26 s 31\n(sec.59-ssec.1) During the moratorium period— the industrial commission must not make an order under section 21, other than an order made on an application dealt with under section 60(2); and an industrial organisation, another organisation or a local government must not make an application for an order under section 21.\n(sec.59-ssec.2) An application for an order under section 21 made or purportedly made during the moratorium period is of no effect.\n- (a) the industrial commission must not make an order under section 21, other than an order made on an application dealt with under section 60(2); and\n- (b) an industrial organisation, another organisation or a local government must not make an application for an order under section 21.","sortOrder":114},{"sectionNumber":"sec.60","sectionType":"section","heading":"Existing applications for orders under former s 21","content":"### sec.60 Existing applications for orders under former s 21\n\nThis section applies to an application for an order under former section 21 that was made, but not decided, before the introduction.\nIf the application relates only to prescribed s 16D shops, the industrial commission may, if it considers it appropriate and with the consent of the applicant, deal with the application as if it were an application for an order under section 21 prescribing the following trading hours for the shops for Sundays and public holidays (other than closed days)—\nopening time—9a.m.;\nclosing time—6p.m.\nIf the industrial commission does not deal with the application under subsection (2), the industrial commission must dismiss the application.\nSubsection (3) applies despite part 5.\ns 60 ins 2017 No. 26 s 31\n(sec.60-ssec.1) This section applies to an application for an order under former section 21 that was made, but not decided, before the introduction.\n(sec.60-ssec.2) If the application relates only to prescribed s 16D shops, the industrial commission may, if it considers it appropriate and with the consent of the applicant, deal with the application as if it were an application for an order under section 21 prescribing the following trading hours for the shops for Sundays and public holidays (other than closed days)— opening time—9a.m.; closing time—6p.m.\n(sec.60-ssec.3) If the industrial commission does not deal with the application under subsection (2), the industrial commission must dismiss the application.\n(sec.60-ssec.4) Subsection (3) applies despite part 5.\n- (a) opening time—9a.m.;\n- (b) closing time—6p.m.","sortOrder":115},{"sectionNumber":"sec.61","sectionType":"section","heading":"Existing appeals against decisions on applications for orders under former s 21","content":"### sec.61 Existing appeals against decisions on applications for orders under former s 21\n\nThis section applies to an appeal—\nagainst a decision made, before the commencement, by the industrial commission on an application for an order under former section 21; and\nthat was started, but not decided by the industrial court, before the commencement.\nIf the decision was to make an order under former section 21, the proceeding for the appeal ends on the commencement.\nAn order made under former section 21 before the commencement was repealed on the commencement—see section 57.\nSubsections (4) and (5) apply if—\nthe decision was to refuse to make an order under former section 21; and\non the commencement, all of the shops to which the order would have applied if it had been made are prescribed s 16D shops; and\nthe industrial court decides to allow the appeal, set aside the decision of the industrial commission and substitute another decision.\nThe only decision that may be substituted by the industrial court is a decision to make an order under section 21 prescribing the following trading hours for the shops for Sundays and public holidays (other than closed days)—\nopening time—9a.m.;\nclosing time—6p.m.\nSubsection (4)—\napplies despite—\nthe Industrial Relations Act 2016 , section 558(1)(b); or\nif the repealed Industrial Relations Act 1999 continues to apply to the appeal proceeding— section 341 (3) (b) of that Act; and\nSee the Industrial Relations Act 2016 , section 1023 for the continued application of the repealed Act in relation to particular proceedings.\ndoes not otherwise limit the industrial court’s power to dismiss or allow the appeal.\nThe appeal proceeding ends on the commencement if—\nthe decision mentioned in subsection (1) was to refuse to make an order under former section 21; and\non the commencement, any of the shops to which the order would have applied if it had been made are not prescribed s 16D shops.\ns 61 ins 2017 No. 26 s 31\n(sec.61-ssec.1) This section applies to an appeal— against a decision made, before the commencement, by the industrial commission on an application for an order under former section 21; and that was started, but not decided by the industrial court, before the commencement.\n(sec.61-ssec.2) If the decision was to make an order under former section 21, the proceeding for the appeal ends on the commencement. An order made under former section 21 before the commencement was repealed on the commencement—see section 57.\n(sec.61-ssec.3) Subsections (4) and (5) apply if— the decision was to refuse to make an order under former section 21; and on the commencement, all of the shops to which the order would have applied if it had been made are prescribed s 16D shops; and the industrial court decides to allow the appeal, set aside the decision of the industrial commission and substitute another decision.\n(sec.61-ssec.4) The only decision that may be substituted by the industrial court is a decision to make an order under section 21 prescribing the following trading hours for the shops for Sundays and public holidays (other than closed days)— opening time—9a.m.; closing time—6p.m.\n(sec.61-ssec.5) Subsection (4)— applies despite— the Industrial Relations Act 2016 , section 558(1)(b); or if the repealed Industrial Relations Act 1999 continues to apply to the appeal proceeding— section 341 (3) (b) of that Act; and See the Industrial Relations Act 2016 , section 1023 for the continued application of the repealed Act in relation to particular proceedings. does not otherwise limit the industrial court’s power to dismiss or allow the appeal.\n(sec.61-ssec.6) The appeal proceeding ends on the commencement if— the decision mentioned in subsection (1) was to refuse to make an order under former section 21; and on the commencement, any of the shops to which the order would have applied if it had been made are not prescribed s 16D shops.\n- (a) against a decision made, before the commencement, by the industrial commission on an application for an order under former section 21; and\n- (b) that was started, but not decided by the industrial court, before the commencement.\n- (a) the decision was to refuse to make an order under former section 21; and\n- (b) on the commencement, all of the shops to which the order would have applied if it had been made are prescribed s 16D shops; and\n- (c) the industrial court decides to allow the appeal, set aside the decision of the industrial commission and substitute another decision.\n- (a) opening time—9a.m.;\n- (b) closing time—6p.m.\n- (a) applies despite— (i) the Industrial Relations Act 2016 , section 558(1)(b); or (ii) if the repealed Industrial Relations Act 1999 continues to apply to the appeal proceeding— section 341 (3) (b) of that Act; and Note— See the Industrial Relations Act 2016 , section 1023 for the continued application of the repealed Act in relation to particular proceedings.\n- (i) the Industrial Relations Act 2016 , section 558(1)(b); or\n- (ii) if the repealed Industrial Relations Act 1999 continues to apply to the appeal proceeding— section 341 (3) (b) of that Act; and\n- (b) does not otherwise limit the industrial court’s power to dismiss or allow the appeal.\n- (i) the Industrial Relations Act 2016 , section 558(1)(b); or\n- (ii) if the repealed Industrial Relations Act 1999 continues to apply to the appeal proceeding— section 341 (3) (b) of that Act; and\n- (a) the decision mentioned in subsection (1) was to refuse to make an order under former section 21; and\n- (b) on the commencement, any of the shops to which the order would have applied if it had been made are not prescribed s 16D shops.","sortOrder":116},{"sectionNumber":"sec.62","sectionType":"section","heading":"Restriction on starting appeal if decision made before commencement","content":"### sec.62 Restriction on starting appeal if decision made before commencement\n\nFrom the commencement, a person can not start an appeal against any of the following decisions made by the industrial commission before the commencement—\na decision to make an order under former section 21;\na decision to refuse to make an order under former section 21, other than an order that, if it had been made, would have prescribed the following trading hours for prescribed s 16D shops for Sundays and public holidays (other than closed days)—\nopening time—9a.m.;\nclosing time—6p.m.\ns 62 ins 2017 No. 26 s 31\n- (a) a decision to make an order under former section 21;\n- (b) a decision to refuse to make an order under former section 21, other than an order that, if it had been made, would have prescribed the following trading hours for prescribed s 16D shops for Sundays and public holidays (other than closed days)— (i) opening time—9a.m.; (ii) closing time—6p.m.\n- (i) opening time—9a.m.;\n- (ii) closing time—6p.m.\n- (i) opening time—9a.m.;\n- (ii) closing time—6p.m.","sortOrder":117},{"sectionNumber":"sec.62A","sectionType":"section","heading":"Particular orders required to be approved by regulation","content":"### sec.62A Particular orders required to be approved by regulation\n\nThis section applies to an order made under section 21 during the moratorium period in accordance with this division.\nan order made by the commission on an application mentioned in section 60(2)\nThe order does not take effect until it is approved by regulation.\nThe order takes effect—\non the day the regulation is notified; or\nif the regulation states a later day—the later day.\nThis section applies despite section 21.\ns 62A ins 2017 No. 26 s 31\n(sec.62A-ssec.1) This section applies to an order made under section 21 during the moratorium period in accordance with this division. an order made by the commission on an application mentioned in section 60(2)\n(sec.62A-ssec.2) The order does not take effect until it is approved by regulation.\n(sec.62A-ssec.3) The order takes effect— on the day the regulation is notified; or if the regulation states a later day—the later day.\n(sec.62A-ssec.4) This section applies despite section 21.\n- (a) on the day the regulation is notified; or\n- (b) if the regulation states a later day—the later day.","sortOrder":118},{"sectionNumber":"sec.63","sectionType":"section","heading":"Applications and appeals relating to orders under former s 22","content":"### sec.63 Applications and appeals relating to orders under former s 22\n\nOn the commencement—\na section 22 application that was not decided before the commencement is taken to have been withdrawn; and\nan appeal that was started, but not decided, before the commencement against a decision of the industrial commission on a section 22 application ends.\nFrom the commencement, a person cannot start an appeal against a decision of the industrial commission on a section 22 application.\nIn this section—\nsection 22 application means an application made before the commencement for an order under former section 22.\ns 63 ins 2017 No. 26 s 31\n(sec.63-ssec.1) On the commencement— a section 22 application that was not decided before the commencement is taken to have been withdrawn; and an appeal that was started, but not decided, before the commencement against a decision of the industrial commission on a section 22 application ends.\n(sec.63-ssec.2) From the commencement, a person cannot start an appeal against a decision of the industrial commission on a section 22 application.\n(sec.63-ssec.3) In this section— section 22 application means an application made before the commencement for an order under former section 22.\n- (a) a section 22 application that was not decided before the commencement is taken to have been withdrawn; and\n- (b) an appeal that was started, but not decided, before the commencement against a decision of the industrial commission on a section 22 application ends.","sortOrder":119},{"sectionNumber":"pt.8-div.7","sectionType":"division","heading":"Transitional provisions for Trading (Allowable Hours) and Other Legislation Amendment Act 2022","content":"## Transitional provisions for Trading (Allowable Hours) and Other Legislation Amendment Act 2022","sortOrder":120},{"sectionNumber":"sec.64","sectionType":"section","heading":"Definitions for division","content":"### sec.64 Definitions for division\n\nIn this division—\namended Act means this Act as amended by the amending Act.\namending Act means the Trading (Allowable Hours) and Other Legislation Amendment Act 2022 .\nformer , for a provision of this Act, means the provision as in force from time to time before the commencement.\nmoratorium period means the period starting on the commencement and ending on 31 August 2023.\nnew , for a provision of this Act, means the provision as in force from the commencement.\ns 64 ins 2022 No. 17 s 26","sortOrder":121},{"sectionNumber":"sec.65","sectionType":"section","heading":"Shops in Mossman and Port Douglas Tourist Area","content":"### sec.65 Shops in Mossman and Port Douglas Tourist Area\n\nThis section applies to a shop in the Mossman and Port Douglas Tourist Area.\nFor the moratorium period—\nif the shop is a non-exempt shop—the shop is taken to be an exempt shop; or\nif the shop is an independent retail shop—section 17 does not apply to the shop.\nThis section applies despite any other provision of this Act.\nIn this section—\nMossman and Port Douglas Tourist Area has the meaning given by the 2017 trading hours order.\ns 65 ins 2022 No. 17 s 26\n(sec.65-ssec.1) This section applies to a shop in the Mossman and Port Douglas Tourist Area.\n(sec.65-ssec.2) For the moratorium period— if the shop is a non-exempt shop—the shop is taken to be an exempt shop; or if the shop is an independent retail shop—section 17 does not apply to the shop.\n(sec.65-ssec.3) This section applies despite any other provision of this Act.\n(sec.65-ssec.4) In this section— Mossman and Port Douglas Tourist Area has the meaning given by the 2017 trading hours order.\n- (a) if the shop is a non-exempt shop—the shop is taken to be an exempt shop; or\n- (b) if the shop is an independent retail shop—section 17 does not apply to the shop.","sortOrder":122},{"sectionNumber":"sec.66","sectionType":"section","heading":"Moratorium on trading area orders and restriction on making applications","content":"### sec.66 Moratorium on trading area orders and restriction on making applications\n\nDuring the moratorium period—\nthe industrial commission must not make a trading area order; and\nan industrial organisation, another organisation or a local government must not make an application for a trading area order.\nAn application for a trading area order made or purportedly made during the moratorium period is of no effect.\ns 66 ins 2022 No. 17 s 26\n(sec.66-ssec.1) During the moratorium period— the industrial commission must not make a trading area order; and an industrial organisation, another organisation or a local government must not make an application for a trading area order.\n(sec.66-ssec.2) An application for a trading area order made or purportedly made during the moratorium period is of no effect.\n- (a) the industrial commission must not make a trading area order; and\n- (b) an industrial organisation, another organisation or a local government must not make an application for a trading area order.","sortOrder":123},{"sectionNumber":"sec.67","sectionType":"section","heading":"Existing declarations of events","content":"### sec.67 Existing declarations of events\n\nThis section applies if—\nbefore the commencement, a declaration of an event was made by the industrial commission under former section 5(1)(c); and\nimmediately before the commencement, the period of the event—\nhad not started; or\nhad started but not ended.\nIf subsection (1)(b)(i) applies, from the commencement the declaration is taken to be a special event declaration under the amended Act.\nIf subsection (1)(b)(ii) applies, this Act as in force immediately before the commencement continues to apply, as if the amending Act had not been enacted, in relation to the declaration.\ns 67 ins 2022 No. 17 s 26\n(sec.67-ssec.1) This section applies if— before the commencement, a declaration of an event was made by the industrial commission under former section 5(1)(c); and immediately before the commencement, the period of the event— had not started; or had started but not ended.\n(sec.67-ssec.2) If subsection (1)(b)(i) applies, from the commencement the declaration is taken to be a special event declaration under the amended Act.\n(sec.67-ssec.3) If subsection (1)(b)(ii) applies, this Act as in force immediately before the commencement continues to apply, as if the amending Act had not been enacted, in relation to the declaration.\n- (a) before the commencement, a declaration of an event was made by the industrial commission under former section 5(1)(c); and\n- (b) immediately before the commencement, the period of the event— (i) had not started; or (ii) had started but not ended.\n- (i) had not started; or\n- (ii) had started but not ended.\n- (i) had not started; or\n- (ii) had started but not ended.","sortOrder":124},{"sectionNumber":"sec.68","sectionType":"section","heading":"Existing application for declaration of event not heard before commencement","content":"### sec.68 Existing application for declaration of event not heard before commencement\n\nThis section applies if—\nan application for a declaration under former section 5(1)(c) was made, but not decided, before the commencement; and\nthe industrial commission had not started to hear the application before the commencement.\nNew part 5, division 3 applies in relation to the application as if it were an application for a special event declaration.\ns 68 ins 2022 No. 17 s 26\n(sec.68-ssec.1) This section applies if— an application for a declaration under former section 5(1)(c) was made, but not decided, before the commencement; and the industrial commission had not started to hear the application before the commencement.\n(sec.68-ssec.2) New part 5, division 3 applies in relation to the application as if it were an application for a special event declaration.\n- (a) an application for a declaration under former section 5(1)(c) was made, but not decided, before the commencement; and\n- (b) the industrial commission had not started to hear the application before the commencement.","sortOrder":125},{"sectionNumber":"sec.69","sectionType":"section","heading":"Existing application for event declaration heard but not decided before commencement","content":"### sec.69 Existing application for event declaration heard but not decided before commencement\n\nThis section applies if—\nan application for a declaration under former section 5(1)(c) was made, but not decided, before the commencement; and\nsection 68 does not apply in relation to the application.\nFormer section 5 continues to apply, as if the amending Act had not been enacted, for hearing and deciding the application.\nIf the industrial commission makes the declaration the subject of the application, the declaration is taken to be a special event declaration for the amended Act.\ns 69 ins 2022 No. 17 s 26\n(sec.69-ssec.1) This section applies if— an application for a declaration under former section 5(1)(c) was made, but not decided, before the commencement; and section 68 does not apply in relation to the application.\n(sec.69-ssec.2) Former section 5 continues to apply, as if the amending Act had not been enacted, for hearing and deciding the application.\n(sec.69-ssec.3) If the industrial commission makes the declaration the subject of the application, the declaration is taken to be a special event declaration for the amended Act.\n- (a) an application for a declaration under former section 5(1)(c) was made, but not decided, before the commencement; and\n- (b) section 68 does not apply in relation to the application.","sortOrder":126},{"sectionNumber":"pt.9","sectionType":"part","heading":null,"content":"","sortOrder":127}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has meaningfully expanded in scope from its 1990 origins. Originally focused on setting standard trading hours for shops statewide, it has grown to include a tiered geographic trading area system, special event declarations (including specific references to the 2032 Olympics and local festivals like the Weipa Fishing Classic), employee protections for Sunday/public holiday work introduced in 2002, bespoke rules for specific named shopping centres (Westfield Chermside, Westfield Garden City, Pacific Fair), and interaction with retail lease legislation. The removal of some provisions (such as the industrial commission's former power to set hours by order, now replaced by legislated tables) represents a centralisation of control back into statute, while the special events framework represents a new flexible expansion of the original scope."},"complexity_factors":["Multiple tiered trading area categories (Type 1–4) with different rules for each, requiring cross-referencing between sections and schedules","Extensive list of exemptions and exceptions — 'exempt shops', 'independent retail shops', and special categories like hardware shops and car yards all have different rules","The law has been heavily amended multiple times (1994, 1995, 1997, 2002, 2013, 2017, 2022), leaving references to repealed orders and transitional provisions that still have ongoing legal effect","Geographic complexity — specific named shopping centres, tourist areas, and suburbs are given bespoke rules","Interaction with multiple other Acts (Holidays Act 1983, Industrial Relations Act 2016, Retail Shop Leases Act 1994, Bills of Exchange Act 1909 (Cwlth), various liquor and racing laws)","Definitions are spread across the main Act body, a dictionary schedule, and inline within sections, making navigation difficult","Employee protections for 'current employees' reference a historical date (1 August 2002) and reference repealed orders that must still be consulted","The industrial commission (tribunal) has broad discretion to make 'trading area orders' changing hours, creating uncertainty about what hours actually apply in a given area at any time"],"plain_english_summary":"## What is this law about?\n\nThis is a Queensland law that controls **when shops, banks, and other businesses can be open** across the state. Think of it as the rulebook for trading hours in Queensland.\n\n## Who does it affect?\n\n**Shop owners and businesses** — Most shops must stick to set opening and closing times that vary depending on where they are in Queensland. Bigger retailers (called \"non-exempt shops\") face strict rules; smaller independent shops have more freedom.\n\n**Employees** — Workers in shops and factories are entitled to a full day off on Anzac Day. Employers cannot force existing employees to work on Sundays or public holidays without written consent.\n\n**Banks and insurance companies** — Must close on official bank holidays (though most Saturdays are now fine to operate).\n\n**Shoppers and the public** — Your ability to shop on certain days and times depends on where in Queensland you live.\n\n## Key rules at a glance\n\n- **Trading areas are tiered**: Queensland is divided into Type 1, 2, 3, and 4 trading areas, each with different allowable hours. Tourist areas (like the Gold Coast) generally get longer hours.\n- **Closed days**: Good Friday, Anzac Day (25 April), Labour Day, and Christmas Day — most shops must stay shut.\n- **Christmas extended hours**: Shops can stay open until midnight in the lead-up to Christmas (18–23 December).\n- **Anzac Day**: Almost everything must be closed all day; places of public amusement (cinemas, entertainment venues) must close until 1:30pm; real estate businesses cannot operate at all.\n- **Independent small shops** (fewer than 30 staff on site, 100 total across the state, independently owned) largely set their own hours — except they must close Christmas Day, Good Friday, and on Anzac Day until 1pm.\n- **Special events**: The industrial commission (a workplace tribunal) can declare events like the 2032 Olympics as \"special events,\" allowing shops in the affected area to trade outside normal hours.\n- **Advertising ban**: You cannot advertise in publications to attract business at times when a shop would be legally required to be closed.\n\n## Enforcement\n\nIndustrial inspectors (government workplace officers) can enter and inspect shops, question staff and owners, and take records to check compliance. They cannot enter private homes without consent or a warrant. Breaches can result in fines (up to 40 penalty units per offence)."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s practical scope has been altered by subsequent amendments and inserted provisions. The statute retains its core function of setting allowable trading hours and protecting certain holidays (s.3, s.16D–16EA) but adds mechanisms that expand when and where trading may occur (special-event declarations in s.31A; temporary exemptions for particular tourist areas in s.56 and s.65), grants the industrial commission powers to re-classify and redraw trading-area boundaries (s.21–23), and introduces moratoria and transitional rules limiting new area orders for specified periods (s.55–66, s.59, s.66). The amendments also formalise worker-protection safeguards tied to any increases in hours (s.36A–36BA). These changes modify the Act from a uniform statewide schedule toward a framework with place-based exceptions, time-limited transitional regimes and administrative discretion vested in the industrial commission."},"complexity_factors":["Multiple overlapping shop categories (exempt shops, independent retail shops, hardware shops, motor vehicle/caravan shops) with different hour schedules (s.5, s.6, s.16D–16EA).","Geographic differentiation via trading-area classifications and orders requiring boundary definitions and administrative processes (s.21–23, s.16AA).","Several layers of temporal transition rules and moratoria tied to different amendment Acts and commencement dates (s.55–66, s.56, s.59, s.66).","Wide enforcement powers for inspectors combined with evidentiary presumptions and limited privacy protections (s.8, s.9, s.46).","Employee-protection rules that activate only in particular circumstances (historic employees, south-east Queensland area, extended hours resulting from orders or amendments) and require written agreement/election (s.36A, s.36AA, s.36B, s.36BA).","Interaction between statutory orders, industrial commission discretion and publication obligations (s.21, s.22, s.23, s.46A), creating information-dependency for compliance.","Numerous specific exceptions (Anzac Day rules, bank holidays, exclusions for particular activities) increasing rule complexity (s.17, s.20, s.33–36).","Penalties and joint-liability provisions creating legal risk for multiple actors (s.42, s.44–45)."],"plain_english_summary":"Summary\n\n- What this law does, mechanically:\n  - Sets when different types of shops in Queensland may open and must close (core and extended trading hours) and makes it an offence for a non-exempt shop to be open outside its permitted hours (see s.16B, s.16D–16EA).\n  - Creates categories of shops (exempt shops, independent retail shops, hardware shops, car yards) and different default hour rules for each category and for specified geographic \"trading areas\" (see s.5, s.6, s.16A, s.16D–16EA).\n  - Gives the industrial commission power to declare, change or classify trading areas (a \"trading area order\") and to declare special events that can change shop exemptions or hours (see s.21, s.23, s.31A).\n  - Provides for temporary transitional arrangements and moratoria on new trading-area applications or orders for set periods after amendments (see s.55–66 and s.59, s.66). Some repealed historical orders must be published on the QIRC website for reference (see s.46A, s.57).\n  - Requires employers to obtain written agreement or a free election from employees before requiring them to work additional or extended hours created by amendments, trading-area orders or special-event declarations, and sets penalties for breaches (see s.36A, s.36AA, s.36B, s.36BA).\n  - Establishes enforcement powers (industrial inspectors may enter and inspect shops, seize or copy records, question people, and institute proceedings) and limits on those powers (warrants to enter private dwellings) (see s.8, s.9). It also sets offences and penalties for contraventions, false records, obstructing inspectors and soliciting trade outside allowable hours (see s.37, s.39, s.40, s.42).\n\n- Who decides and who pays (practical allocation of roles and costs):\n  - The Industrial Commission (QIRC) decides trading-area classifications and special-event declarations that alter which shops are exempt and what hours apply (s.21, s.31A). The Commission must consider specified criteria when making orders, including local industry, tourism, population, employment and business/consumer interests (s.22).\n  - Industrial inspectors enforce the Act, exercise investigatory powers and may bring prosecutions (s.8, s.36C). Inspectors (and the Minister) benefit from confidentiality and limited liability protections when acting honestly and without negligence (s.7, s.13).\n  - Shop occupiers and employers bear direct compliance costs and legal risk: they must ensure shops are closed outside permitted hours (maximum penalty recorded in s.16B and the general penalty scheme in s.42), keep and produce records on request (s.8, s.39), and obtain written employee consent for extended hours (s.36A–36BA). Employees may decline extended hours unless they have freely elected in writing to work them (s.36B, s.36BA).\n\n- Why it matters (official purpose-claims and a mechanistic test against costs and incentives):\n  - The Act states objectives including deciding allowable hours statewide, protecting Anzac Day observance, closing banks on bank holidays, prohibiting solicitations for trade outside allowable hours, and facilitating trading in tourist areas (s.3). Those are claims about purpose; the Act implements them by giving the Commission power to define areas, declare special events, and specify hours (s.21, s.31A), and by prescribing closures and holiday protections (s.17, s.33–36).\n  - Costs and incentives the text creates:\n    - Compliance burden on businesses: occupiers must track differing hours by shop category and trading area, comply with closure rules, keep time/pay records and respond to inspectors' information and production requests (s.16B, s.5, s.6, s.8, s.39). Failure risks fines (s.42) and injunctions (s.36C).\n    - Employee bargaining and labour costs: the Act requires written employee agreement or free election before extended hours can be imposed (s.36A–36BA). That creates negotiation and recordkeeping obligations for employers and protects an employee’s choice to refuse extended hours except where previously agreed.\n    - Administrative and decision-making discretion: the industrial commission has broad discretion to classify trading areas, change boundaries, and declare special events (s.21, s.22, s.31A). The Act prescribes factors the Commission must regard to (s.22, s.31B), but the Commission still selects outcomes and is responsible for hearings and notices (s.23–25). Publication requirements (e.g. QIRC website, s.31A, s.46A) shift information costs to affected parties who must monitor those sources.\n    - Enforcement risk and privacy trade-offs: inspectors may enter suspected shops and compel production of payroll, tenancy/occupancy and financial-arrangement records (s.8). Entry to private dwellings is restricted to consent or a warrant (s.9). The Act places evidentiary presumptions in favour of inspector/registrar records (s.46), which reduces evidentiary friction for enforcement but raises the cost to defendants of rebutting official records.\n\n- Effects on private enterprise, competition and consumer choice (mechanical, not normative):\n  - Expanded trading hours or exemptions (for tourist areas or special events) directly benefit shops that operate during those times (s.31A, s.56, s.65). Those shops gain access to additional revenue hours; competitors outside exempt areas or of different shop categories remain subject to closure rules (s.5, s.16D–16EA).\n  - The prohibition on hawking or selling at localities when a non-exempt shop serving that locality must be closed (s.19) channels demand toward permitted exempt shops or to permitted activities (e.g. charitable bazaars, s.19(2)).\n  - The Commission’s power to create or change trading areas (s.21) creates a process by which geography-based differences in trading rules can arise. The process includes notice, opportunities to apply for leave to be heard, and criteria to be considered (s.22–25), which produces administrative hurdles and potential for stakeholders to lobby or apply (the statute contemplates applications by industrial organisations, other organisations or local governments—s.23).\n\n- Concentrated benefits, diffuse costs and implementation risks visible in the text:\n  - Concentrated benefits: shops within an exempt or reclassified trading area (including tourist areas or special-event zones) can trade longer (s.5, s.16D–16EA, s.31A). Those benefits accrue to identifiable businesses.\n  - Diffuse costs: the administrative and enforcement costs (inspector activity, compliance monitoring, record-keeping) and potential impacts on employees (longer hours unless they opt out) are spread across many employers, employees and regulators (s.8, s.36A–36BA, s.13).\n  - Implementation risks: the framework relies on the industrial commission to make area orders and special-event declarations and on publication on the QIRC website for notice (s.21, s.31A, s.46A). If publication or notice processes are imperfect, affected parties may miss changes and face penalties (s.16B, s.42). The Act includes transitional provisions and moratoria when amendments are introduced (s.55–66), which manage change but also create temporary legal regimes to be navigated by businesses and applicants.\n\n- Concrete trade-offs and opportunity costs the Act sets up (as expressed in the provisions):\n  - The Act increases trading flexibility in specified places and times (tourist areas, special events) while preserving legal limits and worker protections (s.31A, s.36BA). The trade-off is more administrative complexity: shop classification, employee consents and recordkeeping (s.5, s.6, s.36B).\n  - The Commission’s ability to vary trading-area boundaries and hours (s.21) allows policy responsiveness to local conditions at the cost of regulatory uncertainty for businesses until an order is made and published (s.23, s.46A).\n\nKey practical points (plain):\n- If you run or occupy a shop, first check whether it is an exempt shop or an independent retail shop (s.5, s.6). That determines whether the core trading-hour rules in part 4 apply to you (s.16D–16EA).\n- If you are a shop occupier, ensure you are closed outside your allowable hours and keep records. Inspectors may enter and you face fines or injunctions for breaches (s.16B, s.8, s.36C, s.42).\n- If your business will face new extended hours because of a legislative amendment, trading-area order, or special-event declaration, you cannot require employees to work those extra hours unless they have freely elected or agreed in writing (s.36A–36BA).\n- The industrial commission makes and changes trading-area orders; proposals and objections go through the processes described in s.21–25. Some orders made before certain amendments have been repealed but must remain available on the QIRC website for reference (s.46A, s.57).\n\nPrimary sections cited: s.3 (objects), s.5–6 (shop types), s.16B, s.16D–16EA (trading hours), s.21–25 (trading area orders process), s.31A–31B (special event declarations), s.36A–36BA (employee protections), s.8–9 (inspectors), s.19 (restriction on hawking), s.37 (soliciting prohibition), s.42 (penalties), s.46, s.46A (publication and evidentiary rules), s.55–66 (transitional/moratorium provisions)."},"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"},"kimi_summary":{"_metrics":{"completionTokens":668},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1990 scope. Initially focused on basic trading hours and Anzac Day observance, it now includes: special event declarations (added 2022), detailed employee protection provisions for extended hours (added 2002, 2017, 2022), complex transitional arrangements for multiple amendment acts, specific rules for motor vehicle and caravan sales, and integration with retail tenancy legislation. The 2017 and 2022 amendments particularly broadened scope by codifying previously order-based trading hours into legislation and adding the special events framework."},"complexity_factors":["Multiple overlapping definitions of 'shop' types (exempt, non-exempt, independent retail, hardware, motor vehicle/caravan shops) with cross-references to schedules","Four-tier geographic trading area system (types 1-4) with different hours for each, plus special rules for Christmas and specific shopping centres","Extensive transitional provisions spanning multiple amendment acts (1994, 2002, 2013, 2015, 2017, 2022) with moratoriums and saved applications","Nested employee protection provisions (sections 36A, 36AA, 36B, 36BA) with subtly different triggers and conditions","Special event declaration process with 11 specific criteria and interaction with repealed orders","Multiple references to external documents (2017 trading hours order, repealed car yards order) that must be consulted for full meaning","Complex enforcement framework involving industrial inspectors, the Industrial Commission, Industrial Magistrates Courts, and the Court of Appeal"],"plain_english_summary":"This Queensland law sets the rules for when shops can open and close across the state. It divides shops into two main categories: **exempt shops** (which can trade more freely, including small independent retailers and certain specialty stores) and **non-exempt shops** (larger retail chains that face stricter hours).\n\n**Key things the law does:**\n\n- **Sets core trading hours** for non-exempt shops based on four geographic \"trading area types\" — tourist areas and city centres get longer hours, while regional areas have shorter hours\n- **Protects workers** by requiring written agreement before employers can make staff work extended hours (Sundays, public holidays, or longer days)\n- **Mandates Anzac Day closures** — most shops must close entirely on 25 April, and employees get the day off (with exceptions for essential services like hospitals, utilities, and hospitality)\n- **Requires bank and insurance office closures** on bank holidays\n- **Bans advertising** that encourages shopping outside legal trading hours\n- **Creates a process** for the Industrial Commission to declare special \"trading area orders\" or \"special event declarations\" (like the 2032 Olympics) that temporarily change trading rules\n\n**Who it affects:** Retail business owners, employees, industrial inspectors who enforce the rules, and local governments who can apply for extended trading hours for their areas.\n\n**Why it matters:** It balances consumer convenience against worker protections and attempts to preserve \"weekend time\" for families, while allowing flexibility for tourist areas and special events."}},"importantCases":[],"_links":{"self":"/api/acts/trading-allowable-hours-act-1990","history":"/api/acts/trading-allowable-hours-act-1990/history","analysis":"/api/acts/trading-allowable-hours-act-1990/analysis","conflicts":"/api/acts/trading-allowable-hours-act-1990/conflicts","importantCases":"/api/acts/trading-allowable-hours-act-1990/important-cases","documents":"/api/acts/trading-allowable-hours-act-1990/documents"}}