5Offence 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].