5AShops, &c., not to open on Anzac Day

5A Shops, &c., not to open on Anzac Day

[Section 5A Inserted by No. 21 of 2018, s. 6, Applied:15 Oct 2018]

(1)  A person must not cause or allow a shop to be kept open on Anzac Day before 12.30 p.m.

Penalty:  Fine not exceeding 200 penalty units.

(2)  For the purposes of subsection (1) , a shop is kept open if –

(a) the shop is not locked, or otherwise closed, against admission to the public; or

(b) any person in the shop is engaged in the sale of goods, canvassing for orders or delivering goods to customers.

(3)  Despite subsection (2) , if a shop has a common entrance with a factory or warehouse, the shop is not taken to be kept open if that entrance is closed but not locked.

(4)  Notwithstanding subsection (1) , a shop may be kept open before 12.30 p.m. on Anzac Day if the shop –

(a) is a shop, or belongs to a class or group of shops, that the Minister, by notice in accordance with subsections (5) and (6) , has declared may be kept open before 12.30 p.m. on Anzac Day; or

(b) is a pharmacy; or

(c) is a newsagency; or

(d) is not part of a shopping centre, plaza or mall and the number of persons engaged at the shop as employees or otherwise in the conduct of the business of the shop on any day in the immediately preceding March did not exceed 10; or

(e) is a shop –

(i) at which an auction is conducted by a real estate agent, or a general auctioneer, within the meaning of the Property Agents and Land Transactions Act 2016 ; and

(ii) which is used principally for the conduct of such an auction; or

(f) is specified in a liquor licence or liquor permit granted under the Liquor Licensing Act 1990 and is a shop at which liquor is the only or principal class of goods sold; or