5BPerson not to be required to work in certain circumstances

5B Person not to be required to work in certain circumstances

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

(1)  This section applies to a shop specified in section 5A(4) which is not a shop to which section 5 of the Shop Trading Hours Act 1984 applies.

(2)  A person, whether an employer or not, must not require a person to work before 12.30 p.m. on Anzac Day as an employee in a shop to which this section applies unless the employee agrees, in writing, to that work on that day.

Penalty:  Fine not exceeding 200 penalty units.

(3)  If a body corporate contravenes this section –

(a) each person who is a director of the body corporate or who is concerned in the management of the body corporate is taken to have contravened this section if the person knowingly authorised or permitted the contravention; and

(b) a person may be proceeded against and convicted under this section in accordance with paragraph (a) whether or not the body corporate has been proceeded against or convicted under this section.

(4)  In any proceedings, for an offence against this section, against the occupier of a shop, it is sufficient in the complaint in respect of the offence to allege that a building, a part of a building, or place, or other premises is a shop and to state the name of its ostensible occupier or the style or title under which the occupier is usually known or carries on business, and the complaint may from time to time be amended as to the name of the actual occupier.

(5)  In this section –

occupier, in relation to a shop, has the same meaning as in the Shop Trading Hours Act 1984 .