The law requires shops to remain closed on specified restricted trading days, creates a narrow Schedule‑1 exemption class, and establishes an exception process where the Secretary may grant limited, publicised exemptions only in "exceptional circumstances." Banks and financial institutions face a separate close‑day approval regime.
It conditions trading on staffing who "freely elected to work," empowers inspectors and penalties for breaches, voids lease terms forcing opening on restricted days, and centralises administrative discretion and compliance costs with applicants and the Secretary.
This Act (Retail Trading Act 2008) sets a statutory regime for shop and certain financial institution opening hours on specified days, creates criminal offences for trading and advertising contrary to those provisions, establishes a framework for exemptions and approvals, and provides enforcement mechanisms. Mechanically, it:
Declares particular days as restricted trading days on which shops must be kept closed (Good Friday, Easter Sunday, Anzac Day, Christmas Day and Boxing Day) (s 4). The closure obligation is subject only to exemptions provided in Part 3 (s 4(2)).
Creates an offence for occupiers who trade on a restricted trading day, with a maximum penalty of 100 penalty units, and provides an aggravated-offence regime where staff did not “freely elect to work” (s 5). It also makes it an offence to publish express or implied statements that a shop will be open when the shop must be closed (s 6).
Lists categories of businesses that are automatically exempt from the closure requirement where that business is the shop’s predominant business (Schedule 1; s 7). It provides for a detailed small-shop exemption subject to ownership, staffing and related-entity restrictions (s 8).
Gives the Secretary of the Department of Customer Service a discretionary power to grant exemptions on application, with public exhibition and consultation requirements, time limits and a maximum 3-year duration for an exemption (ss 10-11, 11A, 11B). Exemptions are subject to conditions including that staff on restricted trading days must have “freely elected to work” (s 13).
Creates a separate Part for banks and some financial institutions (Part 3A). It declares bank close days (public holidays, weekends, Bank Holiday etc) and generally prohibits banks from conducting retail banking business on bank close days, subject to an approvals regime administered by the Secretary and staffing and other conditions (ss 14A-14K). The Act also extends certain bank-holiday restrictions to other financial institutions on Bank Holiday (s 14D).
Current sections
Direct links to the current provisions in Retail Trading Act 2008.
Departmental website means the Internet website used for the time being by the Department of Customer Service to provide public access to information for the purposes of this Act.
(b) a person managing or controlling, or apparently managing or controlling, a business carried on in the shop, and
(c) a person who is, or appears to be, the employer of a person or persons working in a business carried on in the shop.
premises means any land, structure (fixed or movable), vessel or other vehicle.
restricted trading day means Good Friday, Easter Sunday, Anzac Day, Christmas Day or Boxing Day.
Secretary means the Secretary of the Department of Customer Service.
shop means premises—
(a) that are used wholly or predominantly for the retail sale of goods, and
(b) in or at which goods are sold or exposed or offered for sale by retail on one or more occasions.
Note—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) Notes included in this Act do not form part of this Act.
s 3: Am 2009 No 70, Sch 1 [2]; 2010 No 114, Sch 1 [3]; 2017 No 63, Sch 4.41 [1] [2]; 2022 No 59, Sch 3.62; 2024 No 55, Sch 1[1].
3A
Meaning of “freely elected to work”
3A Meaning of “freely elected to work”
3A Meaning of “freely elected to work”
For the purposes of this Act, a person has not freely elected to work on a day—
(a) if the person works on the day because the person has been coerced, harassed, threatened or intimidated by or on behalf of the occupier of the shop or on behalf of the bank, or
(b) merely because the person is rostered, or required by the terms of an industrial instrument, to work on that day.
s 3A: Ins 2015 No 55, Sch 1 [1].
Part 2
Restricted shop trading days
Part 2 Restricted shop trading days
Part 2 Restricted shop trading days
pt 2, hdg: Am 2010 No 114, Sch 1 [4].
4
Shops to be closed on restricted trading days
4 Shops to be closed on restricted trading days
4 Shops to be closed on restricted trading days
(1) All shops must be kept closed at the following times—
(a) at all times on Good Friday,
(b) at all times on Easter Sunday,
(c) at all times on Anzac Day,
(d) at all times on Christmas Day,
(e) at all times on Boxing Day.
(2) This section is subject to any exemption of a shop from the requirements of this Act under Part 3.
(3) (Repealed)
s 4: Am 2010 No 114, Sch 1 [5]; 2015 No 55, Sch 1 [2]; 2024 No 55, Sch 1[2].
5
Offence of trading on restricted trading day
5 Offence of trading on restricted trading day
5 Offence of trading on restricted trading day
(1) An occupier of a shop must keep the shop closed on a restricted trading day in accordance with section 4.
Maximum penalty—100 penalty units.
(2) It is a defence to a prosecution for an offence under this section if a shop is kept open at a time that is 30 minutes or less after the commencement of a restricted trading day for the purposes of serving a customer—
(a) who was in the shop before the commencement of that day, and
(b) to whom goods had been sold or offered for sale in the shop before that commencement.
(3) A person commits an offence against this subsection if the person commits an offence under subsection (1) in circumstances of aggravation.
Maximum penalty—100 penalty units for each person who did not freely elect to work on the restricted trading day.
(4) In subsection (3), circumstances of aggravation means circumstances in which the shop was staffed by any person who did not freely elect to work on the restricted trading day concerned.
(5) If on the trial of a person charged with an offence against subsection (3) the trier of fact is not satisfied that the offence is proven but is satisfied that the person has committed an offence against subsection (1), the trier of fact may acquit the person of the offence charged and find the person guilty of an offence against subsection (1), and the person is liable to punishment accordingly.
s 5: Am 2015 No 55, Sch 1 [3].
6
Advertising of trading on restricted trading day
6 Advertising of trading on restricted trading day
6 Advertising of trading on restricted trading day
A person must not publish, or cause to be published, (by any means) an express or implied statement that, at any time at which a shop is required to be kept closed under this Act, the shop will be open for business.
Maximum penalty—50 penalty units.
6A
Relationship to Liquor Act 2007
6A Relationship to Liquor Act 2007
6A Relationship to Liquor Act 2007
(1) For the avoidance of doubt, nothing in the Liquor Act 2007, or in a packaged liquor licence under that Act, operates to exempt any licensed premises from a requirement under this Act to be kept closed.
(2) In this section—
licensed premises means premises to which a packaged liquor licence under the Liquor Act 2007 relates.
s 6A: Ins 2010 No 114, Sch 1 [6].
Part 3
Exemptions for shop trading
Part 3 Exemptions for shop trading
Part 3 Exemptions for shop trading
pt 3, hdg: Am 2010 No 114, Sch 1 [7].
Division 1
General exemptions
Division 1 General exemptions
Division 1 General exemptions
7
Businesses of certain kinds exempt from trading restrictions
7 Businesses of certain kinds exempt from trading restrictions
7 Businesses of certain kinds exempt from trading restrictions
(1) A shop is exempted from a requirement under this Act to be kept closed if its predominant business is a business of a kind specified in Schedule 1.
(2) An exemption under subsection (1) is subject to the condition that, on a restricted trading day, the exempted shop is staffed only by persons who have freely elected to work on that day.
(3) This section has effect despite any other Act or law.
(4) (Repealed)
s 7: Am 2010 No 114, Sch 1 [8]; 2015 No 55, Sch 1 [4] [5].
8
Small shops exemption
8 Small shops exemption
8 Small shops exemption
(1) A shop is exempted from a requirement under this Act to be kept closed at a particular time if it complies with the requirements of this section.
(2) The occupier or occupiers of the shop must be—
(a) natural persons not exceeding 2 in number (whether or not carrying on the business of the shop in partnership) or 1 corporation, and
(b) the owner or owners of the business of the shop and entitled to the profits of that business.
(3) The number of persons engaged in the shop as employees or otherwise in the conduct of the business of the shop on any day (either at the same time or at different times) is not to exceed 4.
(4) The number of persons permitted to be engaged in a small shop as referred to in subsection (3) does not include—
(a) the occupier or occupiers or, if the occupier is a corporation, not more than 2 natural persons who are shareholders of the corporation, or
(b) any person so engaged in an emergency during the absence from the shop for part of a day of a person who is so engaged in the shop on that day, or
(c) any person so engaged outside the normal working hours of any person so engaged on a full-time basis.
(5) An occupier of the shop must not be acting as the employee of or acting directly or indirectly as the agent of another person in the conduct of the business of the shop.
(6) A shop does not comply with the requirements of this section if a direct or indirect interest in the business of the shop is held by—
(a) a corporation that is engaged in a business of another shop or a hairdresser, or
(b) a director of a corporation that is engaged in a business of another shop or a hairdresser, or
(c) any other person who is engaged, as an employee or otherwise, in a business of another shop or a hairdresser, or
(d) any corporation (whether or not engaged in a business) that for the purposes of section 50 of the Corporations Act 2001 of the Commonwealth is to be taken to be related to a corporation referred to in paragraph (a) or (b).
(7) A reference in any other Act, award or instrument to a small shop as defined in this Act is to be read as a reference to a shop that meets the requirements of this section.
(8) In this section—
shareholder, in relation to a corporation, means a person having a relevant interest in a share in that corporation for the purposes of Part 6C.1 of the Corporations Act 2001 of the Commonwealth.
8A
Shop not required to be closed on Boxing Day if staff freely elect to work
8A Shop not required to be closed on Boxing Day if staff freely elect to work
8A Shop not required to be closed on Boxing Day if staff freely elect to work
(1) A shop is not required to be kept closed on Boxing Day if the shop is staffed only by persons who have freely elected to work on that day.
(2) This section has effect despite any other provision of this Act and any other Act or law.
s 8A: Ins 2015 No 55, Sch 1 [6].
8B
8B
8B (Repealed)
9
Certain licensed premises exempt
9 Certain licensed premises exempt
9 Certain licensed premises exempt
This Act does not apply to premises in respect of which a hotel licence or small bar licence is in force, by reason only of the sale or exposing or offering for sale, in or on those premises, of liquor as defined by the Liquor Act 2007 or of meals or refreshments.
s 9: Am 2013 No 5, Sch 2.2.
Division 2
Exemptions by Secretary
Division 2 Exemptions by Secretary
Division 2 Exemptions by Secretary
10
Secretary may exempt shops from trading restrictions
10 Secretary may exempt shops from trading restrictions
10 Secretary may exempt shops from trading restrictions
(1) The Secretary may by order, on application by the occupier of a shop, exempt the shop from a requirement under this Act to be kept closed.
(2) The Secretary must not grant an exemption for a shop unless the Secretary is satisfied that it is in the exceptional circumstances of the case in the public interest to do so, having regard to the following matters—
(a) the nature of the shop and the kinds of goods sold by the shop,
(b) the need for the shop to be kept open on the day or days concerned,
(c) the likely effect of the proposed exemption on the local economy, tourism and small businesses and other businesses in the area,
(d) the likely effect of the proposed exemption on employees of, or persons working in, the shop.
(3) An application for an exemption under this Division may not be made in respect of a shop that is not in existence when the application is made.
(4) An exemption may—
(a) apply in respect of one or more specified restricted trading days or all restricted trading days, or
(b) apply in respect of specified times on a restricted trading day.
(5) An exemption has effect for the period, not exceeding 3 years, specified by the Secretary in the order.
(6) The period of the exemption may not be extended by an amendment to the order.
(7) An exemption may be subject to conditions.
s 10: Subst 2009 No 70, Sch 1 [3].
11
Applications for exemptions
11 Applications for exemptions
11 Applications for exemptions
(1) An application for an exemption by the Secretary is to be—
(a) made in the manner and the form approved by the Secretary, and
(b) made not later than 28 days before the first day for which the exemption is sought, and
(c) accompanied by the application fee, if any, prescribed by the regulations.
(2) An application may be made in respect of more than one shop.
(3) An applicant must, if required to do so, provide the Secretary with such additional information and documents in relation to an application as the Secretary may request.
(4) Before determining an application, the Secretary must—
(a) cause the application to be publicly exhibited for a period of at least 14 days, and
(b) seek public comment on the application during the public exhibition period, and
(c) have regard to any public comment received during that period.
s 11: Subst 2009 No 70, Sch 1 [3]. Am 2020 No 25, Sch 4.1[1] [2].
11A
Publication of orders and reasons for decisions
11A Publication of orders and reasons for decisions
11A Publication of orders and reasons for decisions
(1) The Secretary must publish on the Departmental website an order granting an exemption and the reasons for any decision made by the Secretary to grant or not to grant an exemption.
(2) An order and reasons must be published as soon as practicable after the relevant decision is made.
ss 11A–11C: Ins 2009 No 70, Sch 1 [3].
11B
Deemed refusal of application
11B Deemed refusal of application
11B Deemed refusal of application
If the Secretary has not determined an application for an exemption before the end of the period of 40 days after the application was made to the Secretary (or such longer period as the Secretary determines with the consent in writing of the applicant), the Secretary is taken, for the purposes of section 12, to have made a decision to refuse to grant the exemption.
ss 11A–11C: Ins 2009 No 70, Sch 1 [3].
11C
Application of Division to applications for amendment or revocation of exemption orders
11C Application of Division to applications for amendment or revocation of exemption orders
11C Application of Division to applications for amendment or revocation of exemption orders
(1) An occupier of a shop that is subject to an exemption under this Division may apply for the amendment or revocation of the exemption order.
(2) This Division applies to any such application in the same way as it applies to an application for an exemption.
ss 11A–11C: Ins 2009 No 70, Sch 1 [3].
12
Administrative reviews by Civil and Administrative Tribunal
12 Administrative reviews by Civil and Administrative Tribunal
12 Administrative reviews by Civil and Administrative Tribunal
(1) Any person who has applied for an exemption and is aggrieved by any of the following decisions may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision—
(a) a determination of the Secretary to refuse to grant or to amend or revoke an exemption,
(b) a determination of the Secretary as to the conditions subject to which, or the period for which, an exemption is granted.
(2) Any other person who considers himself or herself to have a sufficient interest in an application for an exemption under this Division may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of any such decision.
(3) The Civil and Administrative Tribunal is not required to conduct an administrative review of a decision on the application of a person referred to in subsection (2) if it is not satisfied that the person has a sufficient interest in the application for exemption.
(4) A representative of an industrial organisation of which persons employed or engaged in shops are entitled or eligible to become members may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of any of the following decisions—
(a) a determination of the Secretary to grant or to amend an exemption,
(b) a determination of the Secretary as to the conditions subject to which, or the period for which, an exemption is granted.
s 12: Am 2009 No 70, Sch 1 [4] [5]; 2010 No 114, Sch 1 [9] [10]; 2013 No 95, Sch 2.132 [1] [2].
13
Staffing on restricted trading days
13 Staffing on restricted trading days
13 Staffing on restricted trading days
(1) Any exemption granted by the Secretary under this Part is subject to the condition that, on a restricted trading day, the exempted shop is staffed only by persons who have freely elected to work on that day.
(2) (Repealed)
(3) This section has effect despite any other law.
s 13: Am 2010 No 114, Sch 1 [11]; 2015 No 55, Sch 1 [7] [8].
14
Offence—failure to comply with exemption condition
14 Offence—failure to comply with exemption condition
14 Offence—failure to comply with exemption condition
An occupier of a shop must not fail to comply with a condition of an exemption imposed under this Division.
Maximum penalty—50 penalty units.
Part 3A
Bank trading days
Part 3A Bank trading days
Part 3A Bank trading days
pt 3A: Ins 2010 No 114, Sch 1 [12].
14A
Definitions
14A Definitions
14A Definitions
(1) In this Part—
bank means an authorised deposit-taking institution (within the meaning of the Banking Act 1959 of the Commonwealth) that is authorised under that Act to use in its name—
(a) the word “bank”, or
(b) any other word or expression (whether or not in English) that is of like import to the word “bank”.
financial institution means a body (other than a bank) that is a body regulated by the Australian Prudential Regulation Authority pursuant to section 3 (2) (a)–(e) of the Australian Prudential Regulation Authority Act 1998 of the Commonwealth.
(2) The regulations can exclude an authorised deposit-taking institution from the definition of bank for the purposes of this Part.
s 14A: Ins 2010 No 114, Sch 1 [12].
14B
Bank close days
14B Bank close days
14B Bank close days
(1) The following days are bank close days for the purposes of this Part—
(b) Good Friday, Easter Sunday, Anzac Day, Christmas Day and Boxing Day (whether or not they are public holidays in a particular year),
(c) Saturdays and Sundays,
(d) the first Monday in August (Bank Holiday).
(2) A day that is a public holiday only in a part of the State is a bank close day only for banks in that part of the State.
(3) Each bank close day is declared to be a bank holiday or bank half-holiday (as appropriate) for the purposes of the Bills of Exchange Act 1909 of the Commonwealth.
s 14B: Ins 2010 No 114, Sch 1 [12].
14C
Banks not to be open for retail banking business on bank close days
14C Banks not to be open for retail banking business on bank close days
14C Banks not to be open for retail banking business on bank close days
(1) A bank must not be open for retail banking business on a bank close day.
Maximum penalty—100 penalty units.
(2) The retail banking business of a bank is banking business (within the meaning of the Banking Act 1959 of the Commonwealth) that is conducted with customers in person at the bank or a branch of the bank.
(2A) A person commits an offence against this subsection if the person commits an offence under subsection (1) in circumstances of aggravation.
Maximum penalty—100 penalty units for each person who did not freely elect to work on the bank close day.
(2B) In subsection (2A), circumstances of aggravation means circumstances in which the bank was staffed by any person who did not freely elect to work on the bank close day concerned.
(2C) If on the trial of a person charged with an offence against subsection (2A) the trier of fact is not satisfied that the offence is proven but is satisfied that the person has committed an offence against subsection (1), the trier of fact may acquit the person of the offence charged and find the person guilty of an offence against subsection (1), and the person is liable to punishment accordingly.
(3) This section does not prevent a bank (or one or more of its branches) from opening in accordance with an approval granted under this Part.
(4) A bank must not fail to comply with a condition of an approval granted under this Part.
Maximum penalty—50 penalty units.
s 14C: Ins 2010 No 114, Sch 1 [12]. Am 2015 No 55, Sch 1 [9].
14CA
Banks may be open on certain bank close days if staff freely elect to work
14CA Banks may be open on certain bank close days if staff freely elect to work
14CA Banks may be open on certain bank close days if staff freely elect to work
Despite section 14C, a bank may be open for retail banking business on Bank Holiday or a public holiday (other than a public holiday referred to in section 14E (1)), if the bank is staffed only by persons who have freely elected to work on that day.
s 14CA: Ins 2015 No 55, Sch 1 [10].
14D
Extension of Bank Holiday to other financial institutions
14D Extension of Bank Holiday to other financial institutions
14D Extension of Bank Holiday to other financial institutions
(1) A financial institution must not be open for retail business on Bank Holiday.
Maximum penalty—100 penalty units.
(2) The retail business of a financial institution is business of the financial institution that is conducted with customers in person at the financial institution or a branch of the financial institution.
(3) This section does not prevent a financial institution (or one or more of its branches) from opening on Bank Holiday if—
(a) the financial institution (or the branch) is staffed only by persons who have freely elected to work on that day, or
(b) an industrial instrument provides for employees employed in the retail business of the financial institution to receive a substituted day off in lieu of Bank Holiday for working on Bank Holiday, or
(c) the financial institution has no more than 5 employees.
(4), (5) (Repealed)
s 14D: Ins 2010 No 114, Sch 1 [12]. Am 2015 No 55, Sch 1 [11] [12].
14E
Restrictions on granting approval for banks to open
14E Restrictions on granting approval for banks to open
14E Restrictions on granting approval for banks to open
(1) Approval cannot be granted under this Part for a bank to open on Good Friday, on Easter Sunday, on Anzac Day or on Christmas Day.
(2) An approval for a bank to open on a Saturday or Sunday does not constitute approval for the bank to open on a day that is a bank close day for a reason other than being a Saturday or Sunday.
s 14E: Ins 2015 No 55, Sch 1 [10]. Am 2015 No 55, Sch 1 [13]; 2024 No 55, Sch 1[3].
14F
Staffing on bank close days
14F Staffing on bank close days
14F Staffing on bank close days
(1) Any approval granted by the Secretary under this Part is subject to the condition that, on a bank close day, the bank authorised to open in accordance with the approval is staffed only by persons who have freely elected to work on that day.
(2) (Repealed)
(3) This section has effect despite any other law.
(4) The condition imposed by this section cannot be varied by the Secretary under this Part.
s 14F: Ins 2010 No 114, Sch 1 [12]. Am 2015 No 55, Sch 1 [14] [15].
14G
Application for approval to open bank on bank close day
14G Application for approval to open bank on bank close day
14G Application for approval to open bank on bank close day
(1) A bank may apply to the Secretary for approval to open the bank, or one or more branches of the bank, on a bank close day.
(2) An application is to be in writing in a form determined by the Secretary and be accompanied by any fee prescribed by the regulations.
(3) The Secretary may require the applicant to provide such further information as the Secretary considers relevant to the determination of the application. The Secretary may refuse to grant the approval if the applicant fails to provide the further information required.
(4) The Secretary may consult with the banking industry, and prepare guidelines, about the type of information that may be required in connection with an application for approval under this Part.
ss 14G–14K: Ins 2010 No 114, Sch 1 [12].
14H
Matters to be considered in determining application for approval
14H Matters to be considered in determining application for approval
14H Matters to be considered in determining application for approval
(1) In determining an application for an approval, the Secretary is to consider whether granting the approval would be in the interests of the public, taking into account the likely effect of granting the approval on particular sections of the public, including—
(a) customers of the bank concerned in any particular area (whether or not an area the subject of the application), and
(b) persons employed or engaged (whether or not by the bank) to perform services for the bank.
(2) This section does not limit the matters that the Secretary may consider in determining an application for approval.
ss 14G–14K: Ins 2010 No 114, Sch 1 [12].
14I
Determination of application
14I Determination of application
14I Determination of application
(1) If the Secretary grants an approval, the Secretary must issue the applicant with a written approval that sets out any conditions to which the approval is subject. An approval may be granted unconditionally or subject to conditions.
(2) If the Secretary refuses to grant an approval, the Secretary must give notice of the refusal in writing to the applicant setting out the reasons for the refusal.
(3) If the Secretary has not determined an application for approval within 40 days after the application was made to the Secretary (or such longer period as the Secretary determines with the consent in writing of the applicant), the Secretary is taken to have made a decision to refuse to grant the approval.
ss 14G–14K: Ins 2010 No 114, Sch 1 [12].
14J
Duration of approval
14J Duration of approval
14J Duration of approval
Except during any period of suspension, an approval under this Part remains in force for the period specified in the approval (unless sooner cancelled) or, if no period is so specified, until the approval is cancelled.
ss 14G–14K: Ins 2010 No 114, Sch 1 [12].
14K
Variation, suspension or cancellation of approval
14K Variation, suspension or cancellation of approval
14K Variation, suspension or cancellation of approval
(1) The Secretary may vary the conditions of, or suspend or cancel, an approval under this Part as provided by this section.
(2) The Secretary may suspend or cancel an approval only if—
(a) the bank that holds the approval has contravened a condition of the approval, or
(b) the Secretary considers that it is no longer in the interests of the public for the approval to remain in force, or
(c) the bank has requested the suspension or cancellation.
(3) The Secretary may vary the conditions of, or suspend or cancel, an approval only if the Secretary has—
(a) given the bank concerned written reasons for the Secretary’s intention to vary the conditions of, or suspend or cancel, the approval and an opportunity to make submissions, and
(b) considered any submissions duly made by the bank within a period required by the Secretary.
(4) Subsection (3) does not apply to a variation of a condition of, or the suspension or cancellation of, an approval at the request of the bank that holds the approval.
(5) A variation of the conditions of, or a suspension or cancellation of, an approval—
(a) must be made by notice in writing served on the bank that holds the approval, and
(b) takes effect when the notice is served or at a later time specified in the notice.
(6) Before determining to take action under this section in relation to an approval, the Secretary may (but need not) determine that the approval will be subject to a period of review. The Secretary is to give written notice of such a determination to the bank concerned and is to include in the notice written reasons for the determination.
ss 14G–14K: Ins 2010 No 114, Sch 1 [12].
14L
Administrative reviews of decisions by Civil and Administrative Tribunal
14L Administrative reviews of decisions by Civil and Administrative Tribunal
14L Administrative reviews of decisions by Civil and Administrative Tribunal
(1) A bank that is the applicant for or the holder of an approval under this Part may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of any of the following decisions under this Part—
(a) a decision of the Secretary to refuse to grant the approval,
(b) a decision of the Secretary to impose conditions on the approval,
(c) a decision of the Secretary to vary the conditions of the approval,
(d) a decision of the Secretary to suspend or cancel the approval.
(2) A representative of an industrial organisation of which persons employed or engaged to perform services for a bank are entitled or eligible to belong may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of any of the following decisions under this Part—
(a) a decision of the Secretary to grant an approval under this Part to the bank (whether with or without conditions),
(b) a decision of the Secretary to vary the conditions of an approval granted to the bank under this Part.
s 14L: Ins 2010 No 114, Sch 1 [12]. Am 2013 No 95, Sch 2.132 [3].
Part 4
Enforcement
Part 4 Enforcement
Part 4 Enforcement
15
Powers of inspectors
15 Powers of inspectors
15 Powers of inspectors
(1) This Act is taken to be industrial relations legislation for the purposes of Part 4 of Chapter 7 of the Industrial Relations Act 1996.
Note—
The effect of this provision is to confer on inspectors powers under that Part to inspect premises and require the production of records. It is an offence to hinder or obstruct, or fail to comply with a requirement by, an inspector under that Part.
(2) An inspector may, for the purpose of investigating a possible contravention of this Act or the regulations, require an occupier of a shop to produce for the inspector’s examination, at such time and place as the inspector may specify, specified records indicating hours worked by employees in the shop, business receipts and other information concerning the operation of the shop at particular times.
(2A) An inspector may, for the purpose of investigating a possible contravention of this Act or the regulations, require a bank or a financial institution within the meaning of Part 3A to produce for the inspector’s examination, at such time and place as the inspector may specify, specified records indicating hours worked by employees in the bank or financial institution, business receipts and other information concerning the operation of the bank or financial institution at particular times.
(3) A requirement duly made under this section by an inspector is taken to be a requirement made under Part 4 of Chapter 7 of the Industrial Relations Act 1996.
s 15: Am 2009 No 70, Sch 1 [6]; 2010 No 114, Sch 1 [13].
16
Nature of proceedings for offences
16 Nature of proceedings for offences
16 Nature of proceedings for offences
(1) Proceedings for an offence under this Act or the regulations may be dealt with—
(a) summarily before a Local Court, or
(b) summarily before the Supreme Court in its summary jurisdiction.
(2) If proceedings are brought in a Local Court, the maximum monetary penalty that the Local Court may impose for the offence is 100 penalty units, despite any higher maximum monetary penalty provided in respect of the offence.
s 16: Subst 2015 No 55, Sch 1 [16].
17
Authority to prosecute
17 Authority to prosecute
17 Authority to prosecute
(1) Proceedings for an offence against this Act or the regulations may be instituted only—
(a) by the Minister or by a person with the written consent of the Minister, or
(b) by an inspector, or
(c) by a person, or a person of a class, prescribed by the regulations.
(2) In any such proceedings, a consent to institute the proceedings, purporting to have been signed by a person authorised to give a consent under this section is evidence of that consent without proof of the signature or authority of the person.
(3) Any such proceedings instituted by a member of staff of a Division of the Government Service may be prosecuted on his or her behalf by any member of staff of that Division.
18
Evidence that shop is not closed
18 Evidence that shop is not closed
18 Evidence that shop is not closed
In any proceedings for an offence against this Act, a shop is taken not to have been closed at a time at which it is proved that—
(a) goods were sold or offered or exposed for sale at the shop, or
(b) goods were available for inspection by persons within the shop, or
(c) goods that had previously been sold or ordered were delivered or were available for delivery at the shop to the person who bought or ordered them or to some other person on behalf of that person, or
(d) orders for goods were received by a person in attendance at the shop, or
(e) goods were received, or unpacked or otherwise prepared, at the shop for sale at the shop, or
(f) stocktaking was carried out at the shop in respect of goods offered or exposed for sale at the shop.
s 18: Am 2010 No 114, Sch 1 [14].
19
Evidence as to exemptions
19 Evidence as to exemptions
19 Evidence as to exemptions
(1) In any proceedings for an offence against this Act, a certificate signed by the Secretary and that certifies that, on a specified date or during a specified period—
(a) a shop was or was not exempted from a specified requirement under this Act, or
(b) that a specified exemption under this Act was or was not subject to a specified condition,
is admissible and is evidence of the matters so certified.
(2) In any proceedings for an offence against this Act, a certificate signed by the Secretary and that certifies that, on a specified date or during a specified period—
(a) a bank or a financial institution under Part 3A was or was not the holder of an approval under Part 3A, or
(b) a specified approval under Part 3A was or was not subject to a specified condition,
is admissible and is evidence of the matters so certified.
s 19: Am 2010 No 114, Sch 1 [15].
Part 5
Miscellaneous
Part 5 Miscellaneous
Part 5 Miscellaneous
20
Delegation
20 Delegation
20 Delegation
The Secretary may delegate the exercise of any function of the Secretary under this Act (other than this power of delegation) to—
(a) any member of staff of the Department of Customer Service, or
(b) any person, or any class of persons, authorised for the purposes of this section by the regulations.
s 20: Am 2009 No 70, Sch 1 [7]; 2017 No 63, Sch 4.41 [1]; 2022 No 59, Sch 3.62.
21
Service of documents
21 Service of documents
21 Service of documents
(1) A document that is authorised or required by this Act or the regulations to be served on any person may be served by—
(a) in the case of a natural person—
(i) delivering it to the person personally, or
(ii) sending it by post to the address specified by the person for the giving or service of documents or, if no such address is specified, the residential or business address of the person last known to the person giving or serving the document, or
(iii) sending it to an email address specified by the person for the service of documents of that kind, or
(iv) any other method authorised by the regulations for the service of documents of that kind, or
(b) in the case of a body corporate—
(i) leaving it with a person apparently of or above the age of 16 years at, or by sending it by post to, the head office, a registered office or a principal office of the body corporate or to an address specified by the body corporate for the giving or service of documents, or
(ii) sending it to an email address specified by the body corporate for the service of documents of that kind, or
(iii) any other method authorised by the regulations for the service of documents of that kind.
(2) Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be served on a person in any other manner.
s 21: Am 2017 No 25, Sch 1.31 [1] [2].
22
Regulations
22 Regulations
22 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) Without limiting subsection (1), regulations may be made for or with respect to the publication or advertising of applications for exemptions under this Act or of information relating to any such applications or exemptions.
(3) The regulations may create offences punishable by a penalty not exceeding 50 penalty units.
22A
Provisions relating to shops in leased premises
22A Provisions relating to shops in leased premises
22A Provisions relating to shops in leased premises
(1) A provision of a lease is void to the extent that it requires the occupier of a shop to keep the shop open at any time on a restricted trading day.
(2) This section has effect whether or not the shop is the subject of an exemption under this Act.
(3) In this section—
lease includes an agreement or arrangement between the occupier of a shop and the owner of the premises in which the shop is located or, if the occupier is a sub-lessee of those premises, between the occupier and the lessee of those premises.
(4) An owner or lessor of premises, or a person acting for an owner or lessor of premises, must not require an occupier of a shop located in the premises that is the subject of a lease to keep the shop open at any time on a restricted trading day.
Maximum penalty—200 penalty units.
s 22A: Ins 2009 No 70, Sch 1 [8]. Am 2015 No 55, Sch 1 [17].
22B
Compensation not payable
22B Compensation not payable
22B Compensation not payable
(1) Compensation is not payable by or on behalf of the State arising directly or indirectly from any of the following matters occurring before or after the commencement of this section—
(b) the exercise by any person of a function under Part 2 or 3 of this Act or a failure to exercise any such function,
(c) any statement or conduct relating to the regulation of shop opening hours or restricted trading days.
(2) In this section—
compensation includes damages or any other form of monetary compensation.
conduct includes any act or omission, whether unconscionable, misleading, deceptive or otherwise.
statement includes a representation of any kind—
(a) whether made verbally or in writing, and
(b) whether negligent, false or misleading or otherwise.
the State means the Crown within the meaning of the Crown Proceedings Act 1988, and includes an officer, employee or agent of the Crown and an inspector.
this Act includes the regulations and any order made under this Act.
s 22B: Ins 2010 No 114, Sch 1 [16].
23
Savings, transitional and other provisions
23 Savings, transitional and other provisions
23 Savings, transitional and other provisions
Schedule 2 has effect.
24
24
24–27 (Repealed)
Schedule 1
Exempt shops
Schedule 1 Exempt shops
Schedule 1 Exempt shops
(Section 7)
Bazaars, fairs or markets if the bazaars, fairs or markets are conducted for charitable or public fundraising purposes
Book shops
Cake and pastry shops
Chemists shops
Cooked provision shops
Florists shops
Fruit and vegetable shops
Newsagencies
Nurseries
Pet shops
Recorded music, video or DVD shops
Restaurants, cafes or kiosks
Seafood shops
Shops ancillary to venues for playing sport or physical recreation
Souvenir shops
Take-away food and drink shops
Tobacconists shops
Vehicle shops, vehicle service centres or petrol stations
sch 1: Am 2011 No 27, Sch 2.46.
Schedule 2
Savings, transitional and other provisions
Schedule 2 Savings, transitional and other provisions
Schedule 2 Savings, transitional and other provisions
(Section 23)
sch 2: Am 2009 No 70, Sch 1 [9]–[11]; 2010 No 114, Sch 1 [17] [18]; 2017 No 45, sec 3 (3); 2020 No 25, Sch 4.1[3]; 2024 No 55, Sch 1[4].
Part 6
Provision consequent on Retail Trading Amendment (Anzac Day Trading Hours) Act 2024
Part 6 Provision consequent on Retail Trading Amendment (Anzac Day Trading Hours) Act 2024
sch 3: Rep 2008 No 114, Sch 4. Ins 2015 No 55, Sch 1 [19]. Rep 2017 No 45, sec 3 (2).
sch 4: Ins 2015 No 55, Sch 1 [19]. Rep 2017 No 45, sec 3 (2).
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act is the Retail Trading Act 2008.
s 1: Am 2010 No 114, Sch 1 [2].
2 Commencement
2 Commencement
2 Commencement
This Act commences on 1 July 2008.
3 Definitions
3 Definitions
3 Definitions
(1) In this Act—
bank—see section 14A.
Departmental website means the Internet website used for the time being by the Department of Customer Service to provide public access to information for the purposes of this Act.
exercise a function includes perform a duty.
function includes a power, authority or duty.
inspector means an inspector within the meaning of the Industrial Relations Act 1996.
occupier of a shop includes—
(a) a person entitled to occupy the shop, and
(b) a person managing or controlling, or apparently managing or controlling, a business carried on in the shop, and
(c) a person who is, or appears to be, the employer of a person or persons working in a business carried on in the shop.
premises means any land, structure (fixed or movable), vessel or other vehicle.
restricted trading day means Good Friday, Easter Sunday, Anzac Day, Christmas Day or Boxing Day.
Secretary means the Secretary of the Department of Customer Service.
shop means premises—
(a) that are used wholly or predominantly for the retail sale of goods, and
(b) in or at which goods are sold or exposed or offered for sale by retail on one or more occasions.
Note—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) Notes included in this Act do not form part of this Act.
s 3: Am 2009 No 70, Sch 1 [2]; 2010 No 114, Sch 1 [3]; 2017 No 63, Sch 4.41 [1] [2]; 2022 No 59, Sch 3.62; 2024 No 55, Sch 1[1].
Confers inspection and record-production powers via inspectors (s 15), specifies the nature of proceedings and prosecuting authorities (ss 16-17), and sets out evidentiary presumptions, including admissible Secretary certificates (ss 18-19).
Contains miscellaneous procedural and subordinate law provisions on delegation (s 20), service of documents including by email (s 21), regulations (s 22), treatment of lease provisions that require shops to open (s 22A), and a statutory bar on compensation claims against the State arising from the Act (s 22B).
The Act operationalises closure obligations through both broad prohibitions and multiple exemption and approval pathways, attaches staffing conditions to exemptions and approvals, and centralises discretionary decision-making in the Secretary with statutory transparency and review steps (ss 10-12, 11A, 14I, 14L).
Main concepts
Key statutory terms and organising concepts are defined and repeated through the Act, shaping who decides, who pays, and what behaviour changes.
Shop and occupier. A shop is defined as premises used wholly or predominantly for retail sale of goods and where goods are sold, exposed or offered for sale (s 3). “Occupier of a shop” is a wide practical concept that includes persons entitled to occupy, persons managing or apparently managing the business, and persons who are or appear to be employers of those working in the shop (s 3). Those definitions connect legal duties (for example the duty to keep closed and offences) to whoever has control or apparent control at the premises (s 5, s 14).
Restricted trading day and bank close day. Restricted trading day is a statutory list: Good Friday, Easter Sunday, Anzac Day, Christmas Day and Boxing Day (s 3). Bank close days are broader and include public holidays (per the Public Holidays Act 2010), weekends, the first Monday in August (Bank Holiday) and the listed religious/commemorative days whether or not they are public holidays (s 14B).
Freely elected to work. The Act conditions many exemptions and approvals on staff having “freely elected to work” (s 3A). The definition excludes work resulting from coercion, harassment, threats or intimidation and also excludes mere rostered or industrial-instrument-mandated work (s 3A). This definition is binding for exemption and approval conditions (s 13, s 14F).
Exemptions and approvals. There are automatic exemptions for specified business types in Schedule 1 (s 7) and a separate small-shop exemption with detailed ownership and staffing limits (s 8). Beyond those, the Secretary may grant exemptions for shops (ss 10-11) and approvals for banks to open on bank close days (Part 3A, ss 14G-14K). Exemptions are time-limited (maximum 3 years) and may carry conditions (s 10(5)-(7)).
Staffing and conditions. Any exemption or approval under the Act is subject to the staffing condition that persons staffing the shop or bank on the restricted day or bank close day must have “freely elected to work” (s 13 for shops, s 14F for banks). The Secretary cannot vary that staffing condition under Part 3A (s 14F(4)).
Enforcement architecture. Inspectors are given powers to require production of records concerning hours worked and receipts for investigating contraventions (s 15). Proceedings for offences are summary matters, with Local Court monetary caps (s 16). Prosecutions may be instituted by the Minister or with the Minister’s written consent, by an inspector, or by prescribed persons (s 17). Evidence provisions assist prosecutions (ss 18-19).
Interaction with other laws. The Act explicitly interacts with the Liquor Act 2007 (s 6A; licensed premises not thereby exempted), the Industrial Relations Act 1996 (inspection powers and industrial-organisation definitions, s 15; s 12), Corporations Act (definition of shareholder for small shop rules, s 8), Public Holidays Act 2010 (bank close days, s 14B) and Bills of Exchange Act declaration (s 14B(3)). The Act also voids lease clauses requiring opening on restricted days (s 22A).
These concepts form the legal scaffolding that connects the opening-hour prohibitions to administrative processes, enforcement mechanics and industrial relations considerations.
Who it affects
The Act allocates legal obligations and procedural rights across identifiable groups. The following parties are directly affected:
Occupiers of shops. The primary regulated person is the occupier of a shop. The definition of occupier reaches owners, managers, apparent controllers and persons who appear to be employers of workers in the shop (s 3). Occupiers face the principal duties to keep shops closed on restricted trading days (s 4, s 5), to comply with conditions of exemptions (s 14), and to ensure they do not advertise trading on closed days (s 6). Occupiers also face penalties for breach (ss 5, 14).
Employees and workers. The staffing condition,exempted shops must be staffed only by persons who have freely elected to work on that day,directly affects employees, contractors and others who perform work in shops or banks on restricted days (s 13; s 14F). The Act’s definition of “freely elected to work” excludes rostered work or work required by an industrial instrument, making statutory status of an employee’s consent a potential legal issue (s 3A).
Shop owners and landlords. Owners or lessors who attempt to contractually require occupiers to open on restricted trading days face a statutory prohibition: such lease provisions are void to that extent and a maximum 200 penalty units applies to owners or person acting for them who require opening (s 22A(1), (4)). This affects landlords, shopping-centre managers and lessor agents.
Banks and financial institutions. Part 3A treats banks (authorised deposit-taking institutions that may use “bank” in their name) and certain financial institutions regulated by APRA. Banks are generally prohibited from conducting retail banking business on bank close days, albeit subject to an approvals system; banks must also observe staffing conditions (ss 14A-14C, 14F, 14G-14K). Financial institutions face Bank Holiday restrictions under s 14D, with limited exceptions.
Secretary and Department of Customer Service. The Secretary holds significant decision-making power: granting and imposing conditions on exemptions and approvals, requiring public exhibition and reasons publication (ss 10-11, 11A, 14I, 14K). The Secretary can delegate many functions (s 20).
Inspectors. Inspectors under the Industrial Relations Act are given powers to investigate and compel production of records relevant to potential contraventions in both shop and bank contexts (s 15). They may institute proceedings (s 17).
The public, customers and businesses in the local economy. The Secretary’s statutory decision-making criteria require consideration of effects on customers, local economy, tourism, small businesses and employees (s 10(2)(c)-(d); s 14H(1)). Those are not rights holders with direct duties but are statutorily canvassed as relevant interests.
Industrial organisations. Industrial organisations representing shop or bank employees have standing to seek administrative review in respect of certain Secretary decisions (s 12(4); s 14L(2)). The Act therefore creates a routable avenue for organised labour to challenge exemptions and approvals.
Who ultimately “pays” in an economic sense will depend on the distributional effects of enforced closures and permitted openings: occupiers face fines and compliance costs; employees face limits or conditional access to work on restricted days; landlords cannot compel opening; banks must navigate approval processes. At the administrative level, the Department and Secretary bear the cost and discretion burden of processing applications, publishing orders and managing reviews.
Key duties and rights
This section maps statutory duties and the principal statutory rights or procedural entitlements created by the Act.
Key duties
Duty to keep shops closed on restricted trading days. All shops must be kept closed on the days specified as restricted trading days (s 4). The primary criminal duty falls on the occupier (s 5(1)).
Duty not to advertise trading on restricted days. Publishing an express or implied statement that a shop will be open at a time when it is required to be closed is an offence (s 6).
Duty to comply with exemption conditions. If an exemption is granted under Division 2 of Part 3, the occupier must comply with conditions attached; contravention attracts a penalty (s 14).
Duty to ensure staff have freely elected to work. Any exemption or approval is subject to the condition that staff on the restricted day must have freely elected to work on that day (s 13; s 14F).
For banks: duty not to open for retail banking on bank close days except as authorised by an approval (s 14C). Banks must also comply with approval conditions and must not fail to comply (s 14C(4)).
Duty to produce records. Inspectors may require production of records showing hours worked, receipts and other operational information for investigative purposes (s 15(2), (2A)).
Key procedural rights and entitlements
Right to seek exemption by application. An occupier can apply to the Secretary for an exemption under Part 3; the Secretary must not grant an exemption unless satisfied that exceptional circumstances make it in the public interest to do so, considering listed matters (s 10(1)-(2)).
Application process protections. Applicants must apply in a form determined by the Secretary, submit at least 28 days before the first day sought (s 11(1)(b)), pay any prescribed fee (s 11(1)(c)), and supply additional information if requested (s 11(3)). The Secretary must publicly exhibit the application for at least 14 days and seek public comment before determining (s 11(4)).
Publication and transparency. The Secretary must publish orders granting exemptions and reasons for decisions on the Departmental website as soon as practicable (s 11A). For banks, approvals must be issued in writing with conditions and reasons provided on refusals (s 14I).
Time limits and deemed refusals. If the Secretary does not determine an application within 40 days (or longer with written consent), the application is deemed refused for the purposes of review (s 11B; s 14I(3)).
Administrative review rights. Applicants aggrieved by a Secretary decision may apply to the Civil and Administrative Tribunal under the Administrative Decisions Review Act 1997 for review of refusals, conditions and periods of exemption (s 12(1)). Representatives of industrial organisations may also apply in specified circumstances (s 12(4); s 14L for banks).
Rights for banks to apply for approvals. Banks may apply for approval to open on bank close days, must comply with form and fee requirements and may be required to provide further information; the Secretary may consult the banking industry and prepare guidance (s 14G). Where approvals are granted, the applicant receives a written decision with conditions (s 14I(1)-(2)).
Other procedural features that affect rights/duties
Delegation. The Secretary may delegate functions to departmental staff or persons authorised by regulations (s 20).
Service. Statutory service of documents is permitted by delivery, post and specified email methods; regulations may add further methods (s 21).
Prosecution authority. Proceedings may be instituted only by the Minister or by a person with the Minister’s written consent, by an inspector, or by prescribed persons (s 17(1)). This narrows who may commence criminal enforcement.
Evidentiary aids. Secretary-signed certificates as to exemption status and approval status are admissible as evidence (s 19). The Act also sets out proofs that suffice to show a shop was not closed (s 18).
Taken together, the Act imposes affirmative operational duties on occupiers and banks, provides an administrative process to apply for exceptions, and places procedural constraints and evidentiary mechanisms that shape enforcement and defence.
Penalties and enforcement
The Act combines criminal penalties, inspector powers and administrative remedies. Enforcement mechanics, limits and evidentiary rules are given statutory form.
Penalties
Trading on restricted trading days. An occupier who fails to keep a shop closed commits an offence with a maximum penalty of 100 penalty units (s 5(1)). If the offence is committed in circumstances where the shop was staffed by any person who did not freely elect to work, each such person attracts a maximum penalty of 100 penalty units under the aggravated provision (s 5(3)-(4)).
Advertising. Publishing an express or implied statement that a shop will be open when it must be closed attracts a maximum penalty of 50 penalty units (s 6).
Failure to comply with exemption conditions. Occupiers who fail to comply with conditions of exemptions under Division 2 commit an offence with a maximum 50 penalty units (s 14).
Banks and financial institutions. A bank that is open for retail banking business on a bank close day commits an offence with a maximum 100 penalty units (s 14C(1)). Aggravated offences mirror the shop provisions where staff did not freely elect to work (s 14C(2A)-(2C)). A bank must also not fail to comply with conditions of an approval, with a maximum 50 penalty units (s 14C(4)).
Leases and lessors. An owner or lessor (or person acting for them) who requires an occupier to keep a shop open on a restricted trading day faces a maximum 200 penalty units (s 22A(4)).
Enforcement process and limits
Inspectors’ powers. The Act is taken to be industrial relations legislation for the purposes of Part 4 of Chapter 7 of the Industrial Relations Act 1996, which confers inspection powers to inspect premises and require production of records, and makes it an offence to hinder or obstruct inspectors (s 15(1)). The Act also separately authorises inspectors to require production of records indicating hours worked, business receipts and other operational information for shops, banks and financial institutions (s 15(2)-(2A)). A requirement made under s 15 is taken to be a requirement under Part 4 of Chapter 7 of the Industrial Relations Act (s 15(3)).
Prosecution authority. Proceedings for offences may be instituted only by the Minister or by a person with the Minister’s written consent, by an inspector, or by a person or class prescribed by regulation (s 17(1)). This statutory limitation shapes who can bring criminal charges under the Act.
Nature of proceedings and monetary caps. Proceedings may be dealt with summarily in the Local Court or summarily before the Supreme Court in its summary jurisdiction (s 16(1)). If heard in a Local Court, the maximum monetary penalty that the Local Court may impose is capped at 100 penalty units irrespective of any higher maximum in the Act (s 16(2)).
Evidentiary presumptions and certificates. The Act prescribes circumstances that, if proved, establish that a shop was not closed, such as goods being sold or goods being available for inspection, deliveries, receiving orders, unpacking stock, or stocktaking (s 18). Certificates signed by the Secretary certifying exemption or approval status are admissible evidence of the matters certified (s 19).
Administrative review. Decisions of the Secretary to grant, refuse, amend, impose conditions on, vary or cancel exemptions or approvals are susceptible to administrative review in the Civil and Administrative Tribunal under the Administrative Decisions Review Act 1997. Applicants and persons with sufficient interest, and representative industrial organisations, have specified rights to apply (ss 12, 14L).
Enforcement in practice is therefore a mix of inspector-led investigations with record-compulsion powers, public-prosecution constraints (Ministerial consent or inspector initiation), summary jurisdiction proceedings with monetary caps in Local Courts, and administrative-review rights allowing affected parties to challenge Secretary decisions.
How it interacts with other laws
The Act is explicitly cross-referenced to several other statutes and integrates with other legal regimes. The interplays specified in the Act define practical responsibilities and procedural cross-overs.
Industrial Relations Act 1996. The Act is treated as industrial relations legislation for the purposes of Part 4 of Chapter 7 of the Industrial Relations Act 1996, thereby importing inspection, entry and record-compulsion powers and associated offences in that Part (s 15(1)-(3)). References to “inspector” use the Industrial Relations Act meaning (s 3).
Administrative Decisions Review Act 1997. The Act channels review of Secretary decisions to the Civil and Administrative Tribunal under the Administrative Decisions Review Act 1997. This applies both to shop exemptions (s 12) and bank approvals (s 14L). The Act sets out who may seek review, including applicants, persons with sufficient interest and representative industrial organisations (ss 12(1)-(4), 14L).
Liquor Act 2007. The Act states expressly that nothing in the Liquor Act 2007 or a packaged liquor licence operates to exempt licensed premises from closure duties under this Act (s 6A). In other words, liquor licensing under the Liquor Act does not displace the Retail Trading Act closure obligations.
Public Holidays Act 2010. Bank close days include public holidays within the meaning of the Public Holidays Act 2010 (s 14B(1)(a)). The effect is to fold public-holiday status into the bank-close-day concept.
Bills of Exchange Act 1909. Each bank close day is declared to be a bank holiday or bank half-holiday for the purposes of the Bills of Exchange Act 1909 (s 14B(3)). The Act therefore has a statutory effect on banking-day rules relevant to negotiable instruments.
Corporations Act 2001. The small-shop exemption cross-references the Corporations Act concept of “relevant interest” for the definition of shareholder (s 8(8)), and the small-shop exclusions reach corporations and directors of corporations engaged in another shop business (s 8(6)).
Crown Proceedings Act 1988 and State compensation law. The Act includes a state-wide bar on compensation claims against the Crown or officers arising from the enactment or operation of the Act, exercise or non-exercise of functions under Parts 2 or 3, or statements or conduct relating to regulation of opening hours (s 22B). The Act defines “compensation” broadly to include damages and other monetary compensation (s 22B(2)).
Leases and contractual law. Section 22A voids lease provisions that require an occupier to keep a shop open on a restricted trading day, and makes it an offence for owners/lessors to require occupiers to open (s 22A(1), (4)). This directly limits contracting freedom for lease terms in this narrow respect.
Other Acts and instruments. The Act contemplates regulations and guidance (s 22) and notes the Interpretation Act 1987 applies to interpretation matters (s 3 note). Transitional provisions in Schedule 2 govern effects of earlier exemptions and approvals under now-repealed legislation, including the Shops and Industries Act 1962 and former bank acts (Schedule 2, cl 2-3, Part 4).
The Act therefore does not operate in isolation. It imports enforcement powers from industrial relations law, interfaces with administrative-review procedures, limits the reach of liquor licensing in this context, affects lease enforceability, and carries effect for bills of exchange. Those cross-references matter for compliance, evidentiary strategy and administrative review.
Amendment history
The statute text supplied contains explicit legislative amendment annotations. The chief amendments and insertions recorded in the source are:
Original commencement. The Act commenced on 1 July 2008 (s 2).
2009 amendments. Several provisions were amended or inserted by the Shop Trading Amendment Act 2009 (2009 No 70). Notable items: amendments to s 3 (definitions) and the inclusion of Division 2 procedures (ss 10-12, 11A-11C, 11B-11C references in footnotes) (s 3 annotation; ss 11A-11C ins 2009 No 70, Sch 1 [3]; s 12 amended 2009 No 70, Sch 1 [4]-[5]; Schedule 2 was amended to provide transitional arrangements related to the 2009 amending Act (Sch 2)).
2010 amendments. The Shop Trading Amendment Act 2010 (2010 No 114) made substantive changes and added Part 3A (bank trading days) (ins 2010 No 114, Sch 1 [12]). It also amended s 1, s 3 annotations, s 4, s 7, and introduced s 6A concerning the Liquor Act (s 6A ins 2010 No 114, Sch 1 [6]). The Act also substituted parts of the Act and made transitional provisions (Schedule 2 and Part 4 of Schedule).
2011 and 2013 amendments. Schedule 1 (exempt shops) was amended in 2011 (Am 2011 No 27, Sch 2.46). In 2013, s 9 was amended regarding licensed premises (s 9 Am 2013 No 5, Sch 2.2) and s 14L was amended in 2013 (Am 2013 No 95, Sch 2.132 [3]).
2015 amendments. Significant changes were made in 2015 (2015 No 55). A new definition of “freely elected to work” was inserted (s 3A ins 2015 No 55, Sch 1 [1]). The Act added the Boxing Day staffing provision allowing shops to open if staffed only by those who freely elect to work (s 8A ins 2015 No 55, Sch 1 [6]). Section 13 and related staffing provisions and aggravated penalties were changed (s 13 amended 2015 No 55, Sch 1 [7], [8]; s 5 amended 2015 No 55, Sch 1 [3]). Section 14CA permitting banks to open on certain bank close days if staff freely elect to work was ins 2015 No 55, Sch 1 [10]. Amendments also affected enforcement (s 16 substituted 2015 No 55, Sch 1 [16]) and s 22A penalties (s 22A ins 2009 No 70, amended 2015 No 55, Sch 1 [17]).
2017 amendments. Amendments to definitions and delegation provisions are recorded (s 3 annotations include 2017 No 63, Sch 4.41; s 20 amended 2017 No 63, Sch 4.41 [1]). Some repeals followed in 2017 (various repealed sections noted).
2020 and 2022 changes. Section 8B was inserted in 2020 and later repealed in 2022 (s 8B ins 2020 No 1, Sch 2.19. Rep 2022 No 59, Sch 2.39). Section 11 was amended in 2020 to modify application procedures (s 11 Am 2020 No 25, Sch 4.1[1][2]). In 2022 there are amendment annotations to s 3 (2022 No 59, Sch 3.62) and other places.
2024 amendment. The Retail Trading Amendment (Anzac Day Trading Hours) Act 2024 (2024 No 55) amended several provisions including changes annotated in s 3 and s 4 and added transitional adjustments in Schedule 2 Part 6 (s 3 annotations; s 4 amended 2024 No 55, Sch 1 [2]; Part 6 and its Schedule 3 references).
The Act’s footnotes and annotations in the supplied text identify specific enactments and schedules that have added, substituted or repealed provisions. The source lists the amending Acts and schedules alongside the affected sections; practitioners should read the section annotations when researching a particular provision to see the chronology identified in the text (for example the insertion of Part 3A by the 2010 amending Act, ins 2010 No 114, Sch 1 [12], and the insertion of s 3A by 2015 No 55, Sch 1 [1]).
Litigation history
The source text contains no judicial decisions or specific case references arising under the Act. The Act, however, establishes routes for administrative and judicial challenge which, in practice, are the likely loci of litigation:
Administrative review in the Civil and Administrative Tribunal. The Act expressly provides for applications to the Civil and Administrative Tribunal under the Administrative Decisions Review Act 1997 against Secretary decisions to refuse, grant with conditions, or vary or cancel exemptions and approvals (s 12 for shops; s 14L for banks). Representative industrial organisations have a statutory right in defined circumstances to seek review of Secretary decisions (s 12(4); s 14L(2)).
Summary criminal prosecutions. The Act frames trading and advertising contraventions as summary offences triable in Local Court or in the Supreme Court in its summary jurisdiction (s 16). Section 17 limits who may institute prosecutions. The Act also contains evidentiary rules intended to simplify proof; for instance, the circumstances in which a shop is taken not to have been closed (s 18) and the admissibility of Secretary certificates of exemption or approval status (s 19).
No cases named. The statute and its schedules, as supplied, do not name any judicial decisions or litigation examples. Therefore the supplied text does not provide any precedential material or reported litigation history to cite.
For practitioners this absence in the text means that the Act’s provisions on administrative review and summary prosecution are the primary mechanisms for legal contest. The statutory right to apply for review to the Civil and Administrative Tribunal (ss 12, 14L) is the clear route to challenge the Secretary’s exercise of discretion under Parts 3 and 3A, while prosecutions under Part 4 supply the enforcement path against alleged contraventions.
Gotchas
The Act contains several non-obvious operational traps, drafting limits and procedural features that commonly produce compliance and litigation risk. These “gotchas” are grounded in the text and should inform client advice.
“Freely elected to work” is narrowly defined. The staffing condition attached to exemptions and approvals (s 13, s 14F) hinges on the statutory definition in s 3A. A person has not “freely elected” to work if they worked because of coercion, harassment, threats or intimidation, but also if their attendance results merely because they are rostered or required by the terms of an industrial instrument to work. That second limb may surprise employers who assume rostered duties equal voluntary consent.
Staffing condition is mandatory and non-variablе under Part 3A. The staffing condition that staff must have freely elected to work cannot be varied by the Secretary for bank approvals (s 14F(4)). For shop exemptions the staffing condition is prescribed and applies despite any other law (s 13(3)). This constrains administrative flexibility.
Lease clauses requiring opening are void, with a high penalty. Any lease provision that requires an occupier to keep a shop open on a restricted trading day is void to that extent (s 22A(1)). Further, lessors or their agents who require an occupier to open risk a 200 penalty unit fine (s 22A(4)). Landlords cannot enforce such obligations by contract terms.
Public exhibition and time limits can truncate planning. Applications to the Secretary for exemptions must be made not later than 28 days before the first day sought (s 11(1)(b)), publicly exhibited for at least 14 days and may be taken to be refused if not determined within 40 days (s 11(4); s 11B). Applicants must build in these procedural windows.
Deemed refusals and review windows. The 40-day deemed-refusal rule for both shop exemptions and bank approvals (s 11B; s 14I(3)) can affect timetabling. Applicants who consent to longer decision periods must do so in writing; otherwise administrative silence becomes a refusal for review purposes.
Advertising prohibition has wider reach than literal opening. Section 6 bans publishing an express or implied statement that the shop will be open when it is required to be closed. That covers signage, social media, website notices and promotional material; the Act does not limit medium and includes “by any means” (s 6).
Evidence presumptions favour the prosecution. Section 18 lists operational acts that, if proved, establish that a shop was not closed; these include goods being sold, delivered, unpacked, stocktaking, orders received and goods being available for inspection. In practice these evidentiary cues can convert operational activity into prima facie proof of trading.
Certificates from the Secretary are admissible evidence. Section 19 allows Secretary-signed certificates as evidence of exemption or approval status and conditions. Defendants must plan to contest or pre-empt such documentary evidence.
Who may prosecute is limited. Proceedings can be initiated only by the Minister or with the Minister’s written consent, by an inspector, or by a prescribed person (s 17(1)). Private private-party prosecutions are therefore curtailed unless regulations prescribe otherwise.
Compensation is statutorily barred against the State for operation of the Act. Section 22B precludes compensation claims arising directly or indirectly from the enactment or operation of the Act, including statements or conduct relating to regulation of opening hours, and defines “compensation” broadly to include damages.
Bank approvals cannot cover certain days. Approvals for banks to open may not be granted for Good Friday, Easter Sunday, Anzac Day or Christmas Day (s 14E(1)). Applicants must note these hard exclusions; Saturdays and Sundays require a separate approval and do not extend to other types of bank close days (s 14E(2)).
Small-shop test is detailed and reaches related corporate interests. The small-shop exemption requires natural persons (not exceeding two) or one corporation who are owners and entitled to the profits, with no more than four persons engaged in the shop though certain persons are excluded from the count (s 8(2)-(4)). The exemption fails if direct or indirect interests are held by corporations or persons engaged in other shops or hairdressers, or related corporations per the Corporations Act (s 8(6)). The combination of ownership, employment and related-entity exclusions can disqualify many modern retail structures.
Spotting these items in advance reduces operational and legal risk. Practitioners should advise clients to audit employment arrangements, lease clauses, advertising practices and administrative timelines against the exact statutory text.
How to comply
A practical compliance checklist for occupiers, banks and advisers, grounded in the Act and organised by common regulatory steps.
For shop occupiers
Determine restricted-day status and applicability. Check whether a day is a restricted trading day under s 3 and s 4. If the shop fits a Schedule 1 category and the predominant business is of that kind, the shop may be automatically exempt (s 7, Sch 1). Determine small-shop status under s 8 if relevant.
Audit ownership, staffing and corporate links. For small-shop exemption ensure owners are natural persons not exceeding two or one corporation, owners are entitled to the profits, employee counts comply with s 8(3)-(4) and no disqualifying related interests exist under s 8(6).
Review lease terms. Ensure the lease does not contain a clause requiring opening on restricted trading days. Any such clause is void to that extent and the lessor is prohibited from requiring opening (s 22A). If present, seek formal guidance or negotiated amendment.
Advertising controls. Do not publish (by any means) statements implying the shop will be open when the shop must be closed (s 6). Remove or delay advertising, website notices, or automated booking messages that imply opening on a restricted day.
Apply for exemption where needed. If not covered by Schedule 1 or small-shop rules, prepare an application to the Secretary under s 10: use the Secretary’s approved form, lodge at least 28 days before the first day sought, pay any prescribed fee, and be prepared to provide further information (s 11(1)-(3)). Build in time for public exhibition and possible public comment (s 11(4)).
Prepare staffing evidence and consent records. If the exemption will rely on staff who “freely elected to work,” maintain written evidence of each worker’s voluntary, coercion-free election consistent with s 3A. Be mindful that rostered or instrument-required attendance is not “freely elected” (s 3A).
Document and be ready for inspection. Keep records of hours worked, receipts and operational details that inspectors may request under s 15(2). Establish internal record-keeping procedures to respond quickly to production notices.
Plan for publication and conditions. If an exemption is granted, note conditions and publication obligations (s 11A). Ensure compliance with any imposed conditions and maintain proof of compliance to defend against s 14 offences.
For banks and financial institutions
Identify bank or financial institution status. Confirm whether the entity is a bank (authorised deposit-taking institution authorised to use the word “bank”) or a financial institution as defined (s 14A).
Note bank close days and hard exclusions. Bank close days include public holidays, specific listed days, weekends and Bank Holiday (s 14B). Approvals cannot be granted for Good Friday, Easter Sunday, Anzac Day or Christmas Day (s 14E(1)).
Apply for approval for retail banking on bank close days. Use the Secretary’s form and pay any prescribed fee (s 14G(2)). Provide any further information requested; failure to do so can be grounds for refusal (s 14G(3)). Expect consultation and possible guidelines from the Secretary (s 14G(4)).
Staffing and consent. If relying on staff working on a bank close day, ensure such staff have “freely elected to work” per s 3A. Alternatively, reliance on an industrial instrument providing substituted days off or the financial institution having no more than five employees satisfies s 14D(3) exceptions.
Record-keeping and inspection readiness. Banks and financial institutions are subject to inspector production requirements for hours worked and receipts under s 15(2A).
Administrative remedies. If refused or given conditions, note entitlement to written reasons (s 14I(2)), the 40-day deemed-refusal rule (s 14I(3)), and statutory review rights in the Civil and Administrative Tribunal (s 14L).
For owners and lessors
Do not require occupiers to open on restricted trading days by lease or direction. Such requirements are void and may attract up to 200 penalty units (s 22A).
For all applicants and advisers
Time applications and consent windows. Lodge exemption or approval applications not later than 28 days before the first day requested and allow for a 40-day decision window. If decision timelines are likely to exceed 40 days, obtain written consent to an extension (s 11(1)(b); s 11B; s 14I(3)).
Maintain contemporaneous documentation of staff consent, rosters and communications. Given the statutory definition of freely elected to work, written records demonstrating voluntary consent (distinct from normal rosters or industrial-instrument obligations) will be a primary defensive record.
Manage publicity proactively. Remove any advertising suggesting opening on a restricted day until the legal position is certain. Section 6 applies to express or implied statements and to any means of publication.
Prepare for inspections and prosecutions. Maintain sales, receipt and staffing records at the shop or branch for production to inspectors and for potential use in prosecution or defence under ss 15 and 18-19.
Engage early with the Secretary for substantial or novel proposals. The Secretary may consult with industry and prepare guidance about the information required for applications (s 14G(4)). Early engagement can reduce the risk of refusal for incomplete applications.
Following these steps grounded in the statutory provisions reduces exposure to criminal sanctions, administrative refusals and lease disputes. When advising, ensure all forms, timings and prescribed fees are checked against regulations and the Secretary’s current published guidance and forms (s 22; s 11A).
For the purposes of this Act, a person has not freely elected to work on a day—
(a) if the person works on the day because the person has been coerced, harassed, threatened or intimidated by or on behalf of the occupier of the shop or on behalf of the bank, or
(b) merely because the person is rostered, or required by the terms of an industrial instrument, to work on that day.
s 3A: Ins 2015 No 55, Sch 1 [1].
Part 2 Restricted shop trading days
Part 2 Restricted shop trading days
Part 2 Restricted shop trading days
pt 2, hdg: Am 2010 No 114, Sch 1 [4].
4 Shops to be closed on restricted trading days
4 Shops to be closed on restricted trading days
4 Shops to be closed on restricted trading days
(1) All shops must be kept closed at the following times—
(a) at all times on Good Friday,
(b) at all times on Easter Sunday,
(c) at all times on Anzac Day,
(d) at all times on Christmas Day,
(e) at all times on Boxing Day.
(2) This section is subject to any exemption of a shop from the requirements of this Act under Part 3.
(3) (Repealed)
s 4: Am 2010 No 114, Sch 1 [5]; 2015 No 55, Sch 1 [2]; 2024 No 55, Sch 1[2].
5 Offence of trading on restricted trading day
5 Offence of trading on restricted trading day
5 Offence of trading on restricted trading day
(1) An occupier of a shop must keep the shop closed on a restricted trading day in accordance with section 4.
Maximum penalty—100 penalty units.
(2) It is a defence to a prosecution for an offence under this section if a shop is kept open at a time that is 30 minutes or less after the commencement of a restricted trading day for the purposes of serving a customer—
(a) who was in the shop before the commencement of that day, and
(b) to whom goods had been sold or offered for sale in the shop before that commencement.
(3) A person commits an offence against this subsection if the person commits an offence under subsection (1) in circumstances of aggravation.
Maximum penalty—100 penalty units for each person who did not freely elect to work on the restricted trading day.
(4) In subsection (3), circumstances of aggravation means circumstances in which the shop was staffed by any person who did not freely elect to work on the restricted trading day concerned.
(5) If on the trial of a person charged with an offence against subsection (3) the trier of fact is not satisfied that the offence is proven but is satisfied that the person has committed an offence against subsection (1), the trier of fact may acquit the person of the offence charged and find the person guilty of an offence against subsection (1), and the person is liable to punishment accordingly.
s 5: Am 2015 No 55, Sch 1 [3].
6 Advertising of trading on restricted trading day
6 Advertising of trading on restricted trading day
6 Advertising of trading on restricted trading day
A person must not publish, or cause to be published, (by any means) an express or implied statement that, at any time at which a shop is required to be kept closed under this Act, the shop will be open for business.
Maximum penalty—50 penalty units.
6A Relationship to Liquor Act 2007
6A Relationship to Liquor Act 2007
6A Relationship to Liquor Act 2007
(1) For the avoidance of doubt, nothing in the Liquor Act 2007, or in a packaged liquor licence under that Act, operates to exempt any licensed premises from a requirement under this Act to be kept closed.
(2) In this section—
licensed premises means premises to which a packaged liquor licence under the Liquor Act 2007 relates.
s 6A: Ins 2010 No 114, Sch 1 [6].
Part 3 Exemptions for shop trading
Part 3 Exemptions for shop trading
Part 3 Exemptions for shop trading
pt 3, hdg: Am 2010 No 114, Sch 1 [7].
Division 1 General exemptions
Division 1 General exemptions
Division 1 General exemptions
7 Businesses of certain kinds exempt from trading restrictions
7 Businesses of certain kinds exempt from trading restrictions
7 Businesses of certain kinds exempt from trading restrictions
(1) A shop is exempted from a requirement under this Act to be kept closed if its predominant business is a business of a kind specified in Schedule 1.
(2) An exemption under subsection (1) is subject to the condition that, on a restricted trading day, the exempted shop is staffed only by persons who have freely elected to work on that day.
(3) This section has effect despite any other Act or law.
(4) (Repealed)
s 7: Am 2010 No 114, Sch 1 [8]; 2015 No 55, Sch 1 [4] [5].
8 Small shops exemption
8 Small shops exemption
8 Small shops exemption
(1) A shop is exempted from a requirement under this Act to be kept closed at a particular time if it complies with the requirements of this section.
(2) The occupier or occupiers of the shop must be—
(a) natural persons not exceeding 2 in number (whether or not carrying on the business of the shop in partnership) or 1 corporation, and
(b) the owner or owners of the business of the shop and entitled to the profits of that business.
(3) The number of persons engaged in the shop as employees or otherwise in the conduct of the business of the shop on any day (either at the same time or at different times) is not to exceed 4.
(4) The number of persons permitted to be engaged in a small shop as referred to in subsection (3) does not include—
(a) the occupier or occupiers or, if the occupier is a corporation, not more than 2 natural persons who are shareholders of the corporation, or
(b) any person so engaged in an emergency during the absence from the shop for part of a day of a person who is so engaged in the shop on that day, or
(c) any person so engaged outside the normal working hours of any person so engaged on a full-time basis.
(5) An occupier of the shop must not be acting as the employee of or acting directly or indirectly as the agent of another person in the conduct of the business of the shop.
(6) A shop does not comply with the requirements of this section if a direct or indirect interest in the business of the shop is held by—
(a) a corporation that is engaged in a business of another shop or a hairdresser, or
(b) a director of a corporation that is engaged in a business of another shop or a hairdresser, or
(c) any other person who is engaged, as an employee or otherwise, in a business of another shop or a hairdresser, or
(d) any corporation (whether or not engaged in a business) that for the purposes of section 50 of the Corporations Act 2001 of the Commonwealth is to be taken to be related to a corporation referred to in paragraph (a) or (b).
(7) A reference in any other Act, award or instrument to a small shop as defined in this Act is to be read as a reference to a shop that meets the requirements of this section.
(8) In this section—
shareholder, in relation to a corporation, means a person having a relevant interest in a share in that corporation for the purposes of Part 6C.1 of the Corporations Act 2001 of the Commonwealth.
8A Shop not required to be closed on Boxing Day if staff freely elect to work
8A Shop not required to be closed on Boxing Day if staff freely elect to work
8A Shop not required to be closed on Boxing Day if staff freely elect to work
(1) A shop is not required to be kept closed on Boxing Day if the shop is staffed only by persons who have freely elected to work on that day.
(2) This section has effect despite any other provision of this Act and any other Act or law.
s 8A: Ins 2015 No 55, Sch 1 [6].
8B
8B (Repealed)
8B
s 8B: Ins 2020 No 1, Sch 2.19. Rep 2022 No 59, Sch 2.39.
9 Certain licensed premises exempt
9 Certain licensed premises exempt
9 Certain licensed premises exempt
This Act does not apply to premises in respect of which a hotel licence or small bar licence is in force, by reason only of the sale or exposing or offering for sale, in or on those premises, of liquor as defined by the Liquor Act 2007 or of meals or refreshments.
s 9: Am 2013 No 5, Sch 2.2.
Division 2 Exemptions by Secretary
Division 2 Exemptions by Secretary
Division 2 Exemptions by Secretary
10 Secretary may exempt shops from trading restrictions
10 Secretary may exempt shops from trading restrictions
10 Secretary may exempt shops from trading restrictions
(1) The Secretary may by order, on application by the occupier of a shop, exempt the shop from a requirement under this Act to be kept closed.
(2) The Secretary must not grant an exemption for a shop unless the Secretary is satisfied that it is in the exceptional circumstances of the case in the public interest to do so, having regard to the following matters—
(a) the nature of the shop and the kinds of goods sold by the shop,
(b) the need for the shop to be kept open on the day or days concerned,
(c) the likely effect of the proposed exemption on the local economy, tourism and small businesses and other businesses in the area,
(d) the likely effect of the proposed exemption on employees of, or persons working in, the shop.
(3) An application for an exemption under this Division may not be made in respect of a shop that is not in existence when the application is made.
(4) An exemption may—
(a) apply in respect of one or more specified restricted trading days or all restricted trading days, or
(b) apply in respect of specified times on a restricted trading day.
(5) An exemption has effect for the period, not exceeding 3 years, specified by the Secretary in the order.
(6) The period of the exemption may not be extended by an amendment to the order.
(7) An exemption may be subject to conditions.
s 10: Subst 2009 No 70, Sch 1 [3].
11 Applications for exemptions
11 Applications for exemptions
11 Applications for exemptions
(1) An application for an exemption by the Secretary is to be—
(a) made in the manner and the form approved by the Secretary, and
(b) made not later than 28 days before the first day for which the exemption is sought, and
(c) accompanied by the application fee, if any, prescribed by the regulations.
(2) An application may be made in respect of more than one shop.
(3) An applicant must, if required to do so, provide the Secretary with such additional information and documents in relation to an application as the Secretary may request.
(4) Before determining an application, the Secretary must—
(a) cause the application to be publicly exhibited for a period of at least 14 days, and
(b) seek public comment on the application during the public exhibition period, and
(c) have regard to any public comment received during that period.
s 11: Subst 2009 No 70, Sch 1 [3]. Am 2020 No 25, Sch 4.1[1] [2].
11A Publication of orders and reasons for decisions
11A Publication of orders and reasons for decisions
11A Publication of orders and reasons for decisions
(1) The Secretary must publish on the Departmental website an order granting an exemption and the reasons for any decision made by the Secretary to grant or not to grant an exemption.
(2) An order and reasons must be published as soon as practicable after the relevant decision is made.
ss 11A–11C: Ins 2009 No 70, Sch 1 [3].
11B Deemed refusal of application
11B Deemed refusal of application
11B Deemed refusal of application
If the Secretary has not determined an application for an exemption before the end of the period of 40 days after the application was made to the Secretary (or such longer period as the Secretary determines with the consent in writing of the applicant), the Secretary is taken, for the purposes of section 12, to have made a decision to refuse to grant the exemption.
ss 11A–11C: Ins 2009 No 70, Sch 1 [3].
11C Application of Division to applications for amendment or revocation of exemption orders
11C Application of Division to applications for amendment or revocation of exemption orders
11C Application of Division to applications for amendment or revocation of exemption orders
(1) An occupier of a shop that is subject to an exemption under this Division may apply for the amendment or revocation of the exemption order.
(2) This Division applies to any such application in the same way as it applies to an application for an exemption.
ss 11A–11C: Ins 2009 No 70, Sch 1 [3].
12 Administrative reviews by Civil and Administrative Tribunal
12 Administrative reviews by Civil and Administrative Tribunal
12 Administrative reviews by Civil and Administrative Tribunal
(1) Any person who has applied for an exemption and is aggrieved by any of the following decisions may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decis
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