Retail Trading Hours Act 1987 (Western Australia)

This Act prescribes categories of retail shops, fixes default trading hours for each category, and allocates powers to the Minister and the chief executive officer to vary those hours and to issue permits and certificates that change or remove restrictions. It distinguishes four classes of retail premises: general retail shops, small retail shops, special retail shops and filling stations (s 10(1)-(5)). Default closing and opening times are set for general retail shops (s 12(1), (3)), motor vehicle shops (s 12B), and special retail shops (s 12D). Small retail shops and filling stations may be open at any time (s 12C; s 14). The Minister may vary trading hours by order, subject to specified limits and exceptions (s 12E). The chief executive officer (CEO) administers the certificate and permit regime: certifying small or special retail shops (s 11); issuing permits for opening or for selling specified goods or services outside default hours (s 15); and investigating compliance and prosecuting offences, subject to consent rules (s 27; s 37).

Mechanically, the Act operates through three principal instruments. First, statutory categorisation of shops sets the baseline rules that attach to each category (s 10). Second, administrative certificates and permits, issued and cancelled by the CEO, move individual premises between categories or authorise departures from the baseline (s 11; s 15). Third, Ministerial orders vary classes, areas or days to change the baseline trading regime across multiple premises (s 12E). Inspectors and authorised persons have inspection and information‑gathering powers to check compliance (ss 7-9; 27; 28-30). Penalties for contraventions are set out in substantively fixed amounts, escalating for repeat offences and including minimum penalties for persistent conduct (s 25; s 15(4); s 26; s 30; s 32; s 33).

CrestWestern Australia

Retail Trading Hours Act 1987

Western Australia

Retail Trading Hours Act 1987

Contents

Part I — Preliminary

Short title 2
Commencement 2
Terms used 2
Application 4
Application of Interpretation Act 1984 to orders 5

Part II — Administration

Officers 7
Inspectors 7
Inspector’s certificate 7
Inspector subject to chief executive officer 7

Part III — Retail trading hours

Categories of retail shops 8
Certifying shops as small retail shops or special retail shops 12
Trading hours for some general retail shops 14

12B. Trading hours for motor vehicle shops 15

12C. No restriction on trading hours for small retail shops 15

12D. Trading hours for special retail shops 15

12E. Variation of trading hours 16

No restriction on trading hours for filling stations 17

14A. Goods that can be sold at filling stations 17

Permits 18
Covenants relating to opening of retail shops 20

Part IV — Miscellaneous

Covenants contrary to this Act negated 21
Auctions of domestic furniture at dwelling house 21
When retail shop deemed not to be closed 21
Offences as to operating retail shops 21
Advertisements of retail shopping hours, restrictions on 22
Chief executive officer’s powers 23

27A. Delegation 24

Access to places, books etc. 24
Inspector or authorised person may require information 24
Obstructing etc. inspector, authorised person etc. 25
Protection of person questioned 26
Unauthorised disclosure of information 26
Offences as to dishonesty or damage 27
Records etc. for this Act, availability of 27
Records etc. for this Act to be in English 28
Prosecutions of offences need chief executive officer’s consent 28
Protection of officers, members and others 28
Evidentiary provisions 28
Regulations 30
Review of Act 30
Savings 31

Notes

Compilation table 32

Other notes 34

Defined terms

Western Australia

Retail Trading Hours Act 1987

An Act relating to the hours of trading for retail shops and for other and incidental purposes.

Part I — Preliminary

1. Short title

This Act may be cited as the Retail Trading Hours Act 1987.

2. Commencement

The provision of this Act shall come into operation on such day or days as is or are, respectively, fixed by proclamation.

3. Terms used

(1) In this Act unless the context otherwise requires —

agreement includes any agreement containing provisions, whether express or implied, under or by virtue of which —

(a) a person authorises, permits or requires a person operating a retail shop to use, in connection with the retail sale of goods or services at the retail shop, a mark identifying, commonly associated with or controlled by that first‑mentioned person; or

(b) a person grants a right to, or otherwise authorises or permits, a person operating a retail shop to possess, occupy or use the retail shop in connection with the sale of any goods or the provision of any services; or

(c) a person is entitled or required to supply goods or provide services to the person operating a retail shop for retail sale by the person operating the retail shop; or

(d) a person operating a retail shop agrees with another person to acquire goods or services from another person (whether a party to the agreement or not) for retail sale by the person operating the retail shop;

authorised person means a person authorised in writing by the chief executive officer;

chief executive officer means the chief executive officer of the department principally assisting the Minister in the administration of this Act;

filling station means a retail shop referred to in section 10(5);

fuel means fuel for operating a motor vehicle;

inspector means a person designated as an inspector under section 7;

motor vehicle has the meaning given to that term in the Road Traffic (Administration) Act 2008 section 4;

motor vehicle shop means a general retail shop or portion of a general retail shop, as the case may be —

(a) in, on or from which motor vehicles are sold by way of retail sale; or

(b) in, on or from which spare parts for motor vehicles are sold by way of retail sale in conjunction with the sale of motor vehicles;

operate means, in relation to a retail shop, conducting or carrying on the business of a retail shop and includes causing, employing or engaging another person to carry on or conduct that business;

place includes a building, stall, tent, vehicle, boat or vessel;

prescribed services means any one or more of the following services —

(a) hairdressing;

(b) pawnbroking or dealing in second*‑*hand goods under the Pawnbrokers and Second‑hand Dealers Act 1994;

(d) such other services as may be prescribed;

retail sale means a sale of goods or services that is not for the purposes of their re‑sale;

retail shop means any place at, in, on or from which —

(a) goods are sold by way of retail sale; or

(b) goods are displayed, kept or sold for retail sale; or

sell includes barter, supply for profit, offer for sale, expose for sale, send forward or deliver for sale, cause or suffer or permit to be sold and disposal or offer for disposal of goods under credit sale agreement or hire purchase agreement.

(1a) A place that is otherwise a retail shop does not cease to be a retail shop by reason only that meals or refreshments or both are also sold at that place.

(2) For the purposes of this Act a place at which —

(a) orders are received or obtained for the retail sale of goods or services; or

(b) goods are held or stored for the purposes of retail sale,

is a retail shop notwithstanding that the goods or services are supplied, or, the orders are received or obtained, at another place.

(3) Notwithstanding anything in this Act, a place at which meals or refreshments are sold or served only to persons who are employed or engaged at that place is not a retail shop for the purposes of this Act.

(4) For the purposes of this Act the metropolitan area means the part of the State within the area described in the regulations.

[Section 3 amended: No. 1 of 1991 s. 4 and 14; No. 88 of 1994 s. 100; No. 47 of 2006 s. 4; No. 8 of 2012 s. 169; No. 23 of 2014 s. 91.]

4. Application

(1) This Act applies only to the part of the State south of the 26th parallel of South Latitude.

(2A) Despite subsection (1), this Act does not apply to Rottnest Island.

(2) This Act does not apply to a place that is used for or in connection with —

(a) a show held by an incorporated agricultural or horticultural society;

(b) a bazaar or fair the proceeds of which are intended for religious, charitable or public purposes.

(3) This Act does not apply to a place that is —

(a) a restaurant or a cafe; or

(b) a take‑away‑food shop; or

(d) a retail shop located in a public passenger transport terminal or station where public passenger transport services are running; or

(e) a retail shop located in a short‑term market.

(4A) For the purposes of subsection (3)(e) a retail shop is located in a short‑term market if —

(a) it is one of a group of retail shops that are placed at a particular location on a particular day and removed from that location before midnight on that day; and

(b) some or all of the retail shops in the group are operated by different persons; and

(4) Nothing in this Act affects the sale or supply of liquor at licensed premises under the Liquor Control Act 1988.

[Section 4 amended: No. 73 of 2006 s. 115; No. 35 of 2016 s. 4; No. 19 of 2021 s. 234(2).]

5. Application of Interpretation Act 1984 to orders

(1) An order made by the Minister under this Act is subsidiary legislation as defined in the Interpretation Act 1984 section 5.

(2) The Interpretation Act 1984 section 42 applies to an order made under section 10(3b) as if the order were a regulation.

[Section 5 inserted: No. 47 of 2006 s. 5; amended: No. 35 of 2016 s. 5.]

Part II — Administration

6. Officers

There shall be appointed under and subject to Part 3 of the Public Sector Management Act 1994 such officers and other persons as are necessary for the administration of this Act.

[Section 6 amended: No. 32 of 1994 s. 3(2).]

7. Inspectors

The chief executive officer may designate any person referred to in section 6 as an inspector.

[Section 7 amended: No. 1 of 1991 s. 14.]

8. Inspector’s certificate

The chief executive officer shall furnish an inspector with a certificate signed by the chief executive officer certifying that that person has been designated an inspector.

[Section 8 amended: No. 1 of 1991 s. 14.]

9. Inspector subject to chief executive officer

In carrying out the functions conferred on an inspector by this Act the inspector shall give effect to any direction given by the chief executive officer.

[Section 9 amended: No. 1 of 1991 s. 14.]

Part III — Retail trading hours

10. Categories of retail shops

(1) For the purposes of this Act retail shops are assigned different categories as follows —

(a) general retail shops; and

(b) small retail shops; and

(d) filling stations.

(2) Subject to this Act, any retail shop that is not a small retail shop, a special retail shop or a filling station shall be regarded as a general retail shop.

(3) Subject to this Act, a retail shop shall be regarded as a small retail shop if —

(a) neither motor vehicles, nor goods or services prescribed for the purposes of this paragraph, are sold or provided at the retail shop; and

(b) the retail shop is owned by one eligible person or not more than 6 eligible persons trading in partnership or by a body corporate with not more than 6 shareholders all of whom are eligible persons; and

(ba) the retail shop is operated for the benefit of the eligible persons referred to in paragraph (b); and

(bb) the eligible persons referred to in paragraph (b) are personally and actively engaged in the retail shop; and

(bc) not more than 25 persons (inclusive of the eligible persons who own and operate the retail shop but excluding any person who is employed at the retail shop as an apprentice under a training contract registered under the Vocational Education and Training Act 1996 Part 7 Division 2) work in the retail shop at any one and the same time; and

(bd) the retail shop is owned and operated in accordance with the directions given under subsection (3b); and

(be) no owner of the retail shop is related, in the opinion of the chief executive officer, to an owner of another retail shop that is in such close proximity to the first‑mentioned retail shop that, in the opinion of the chief executive officer, those retail shops are to be regarded as occupying the same location; and

(c) the chief executive officer has issued a certificate in relation to the retail shop certifying that it is a small retail shop in terms of this subsection, and that certificate has not been cancelled.

(3a) A person is not an eligible person for the purposes of subsection (3) unless —

(a) in relation to a case where the person is the only person in question the person —

(i) is a natural person; and

(ii) does not own or operate, either alone or together with any other person, more than 4 retail shops except as a shareholder in a listed corporation as defined in the Commonwealth Corporations Act 2001 section 9;

(b) in relation to a case where the person in question is one of a group of persons, the person —

(i) is a person to whom the provisions of paragraph (a)(i) and (ii) apply; and

(ii) does not own or operate another retail shop together with a person who is outside that group of persons; and

(iii) does not himself or herself own or operate a retail shop alone if 3 or more other persons in the group each own or operate a retail shop that is not owned or operated together with the other persons in the group; and

(iv) does not himself or herself own or operate a retail shop alone if another person in the group owns or operates 3 or more retail shops that are not owned or operated together with the other persons in the group.

(3aa) The matters that the chief executive officer may have regard to when determining whether an owner of a retail shop is related to an owner of another retail shop for the purposes of subsection (3)(be) include —

(a) whether one owner is —

(i) the spouse or de facto partner of the other owner; or

(ii) a child of the other owner or of the spouse or de facto partner of the other owner; or

(iii) a parent of the other owner or of the spouse or de facto partner of the other owner; or

(iv) a brother or sister of the other owner or of the spouse or de facto partner of the other owner;

and

(b) whether one owner is a related body corporate in relation to the other owner; and

(i) an officer of the corporation; or

(ii) a majority shareholder in the corporation;

and

(d) whether one owner is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the other owner in relation to the operation of the first‑mentioned owner’s retail shop; and

(e) whether one owner is —

(i) an employee or partner of the other owner; or

(ii) an agent, banker, solicitor, accountant, auditor or other person acting in any capacity for or on behalf of the other owner;

and

(f) whether one owner is —

(i) a trustee for the other owner; or

(ii) a trustee of a trust of which the other owner is a discretionary or other beneficiary.

(3ab) In subsection (3aa) —

corporation has the meaning given to that term in the Commonwealth Corporations Act 2001 section 57A;

officer has the meaning given to that term in the Commonwealth Corporations Act 2001 section 9;

related body corporate has the meaning given to that term in the Commonwealth Corporations Act 2001 section 9.

(3ac) A person who operates a small retail shop is required to notify the chief executive officer within 14 days after —

(a) a person becomes or ceases to be an owner of the retail shop; and

(b) if the owner of the retail shop is a body corporate — a person becomes or ceases to be a shareholder of the body corporate.

(3b) The Minister may by order give directions for the purposes of subsection (3) and any such order may include directions with respect to —

(a) the persons who shall be, and, the persons who shall not be, regarded as owners for the purposes of subsection (3); and

(b) the persons for whose benefit a small retail shop may be owned and operated; and

(c) the extent to which any person other than a person who owns or operates a small retail shop may benefit from the operation of the small retail shop; and

(d) the extent to which the natural persons who operate the retail shop shall be personally and actively engaged in the operations of the retail shop; and

(e) such other matters (including a requirement that any statement made for the purposes of this section be verified by statutory declaration) as the Minister considers necessary,

and effect shall be given to any such order.

[(3c) deleted]

(3d) A person who is aggrieved by a decision of the chief executive officer refusing the issue of a certificate under subsection (3)(c) may appeal to the Minister whose decision is final.

(4) Subject to this Act, a retail shop shall be regarded as a special retail shop if —

(a) a certificate is issued by the chief executive officer in relation to the retail shop specifying it to be a special retail shop within one of the categories of special retail shops prescribed for the purposes of this paragraph; and

(b) only the goods or services or both that are prescribed in relation to a special retail shop of that category are sold or provided at the retail shop.

(5) A retail shop shall be regarded as a filling station if the whole or part of the business of the retail shop constitutes the sale of fuel and for the purposes of this Part any pump or contrivance in a filling station for supplying fuel is deemed to be included in the filling station.

[Section 10 amended: No. 1 of 1991 s. 6 and 14; No. 47 of 2006 s. 6; No. 44 of 2008 s. 60; No. 40 of 2011 s. 4; No. 23 of 2014 s. 92.]

11. Certifying shops as small retail shops or special retail shops

(1) A person who desires to operate a small retail shop or a special retail shop at any place shall apply to the chief executive officer for a certificate in relation to that place in accordance with the regulations.

(2) If the chief executive officer is satisfied in relation to an application under subsection (1) that there is no reason for the refusal of the application the chief executive officer shall issue a certificate in terms of the application.

(3) The chief executive officer shall not issue a certificate certifying a filling station to be a small retail shop or a special retail shop.

(4) The chief executive officer may cancel a certificate certifying a retail shop to be a small retail shop or a special retail shop if the chief executive officer is satisfied —

(a) in relation to a small retail shop —

(i) that any motor vehicle is, or any goods or service prescribed for the purposes of section 10(3)(a) are, sold or provided at that retail shop; or

(ii) that the retail shop is not owned or operated in terms of section 10(3) and (3b); or

(iii) that notification has not been given as required by section 10(3ac);

(b) in relation to a special retail shop —

(i) that any goods or service other than goods or service prescribed as goods or a service in relation to a special retail shop of that category, are sold or is provided at that retail shop; or

(ii) that the special retail shop is operated during the hours it is required to be closed under this Act.

(5) Where under subsection (4) the chief executive officer cancels a certificate certifying a retail shop to be a small retail shop or a special retail shop the retail shop shall be deemed to be a general retail shop for the purposes of this Act.

(6) The cancellation of a certificate under this section does not prevent a person from being prosecuted for an offence against this Act.

[Section 11 amended: No. 1 of 1991 s. 7 and 14; No. 47 of 2006 s. 7.]

12. Trading hours for some general retail shops

(1) Subject to this Act and any order made under section 12E(1) that affects the trading hours of the general retail shop, a general retail shop that is not in the metropolitan area shall be closed —

(a) on Monday, Tuesday, Wednesday and Friday in each week until 8 a.m. and from and after 6 p.m.; and

(b) on Thursday in each week, until 8 a.m. and from and after 9 p.m.; and

(d) on Sunday in each week; and

(e) on each public holiday and public half‑holiday.

(2) Subsection (1) does not apply to a motor vehicle shop.

(3) Subject to this Act and any order made under section 12E(1) that affects the trading hours of a general retail shop, a general retail shop in the metropolitan area shall be closed —

(a) on Monday, Tuesday, Wednesday, Thursday and Friday in each week, until 8 a.m. and from and after 9 p.m.; and

(b) on Saturday in each week, until 8 a.m. and from and after 5 p.m.; and

(d) on each public holiday and public half‑holiday.

(4) Subsection (3) does not apply to a motor vehicle shop.

[Section 12 amended: No. 1 of 1991 s. 8; No. 47 of 2006 s. 8; No. 22 of 2010 s. 4; No. 38 of 2010 s. 4; No. 13 of 2012 s. 4; No. 35 of 2016 s. 6.]

[12A. Deleted: No. 35 of 2016 s. 7.]

12B. Trading hours for motor vehicle shops

Subject to this Act and any order made under section 12E(1) that affects the trading hours of the motor vehicle shop, a motor vehicle shop is required to be closed —

(a) on Monday, Tuesday, Thursday and Friday in each week — until 8 a.m. and from and after 6 p.m.; and

(b) on Wednesday in each week — until 8 a.m. and from and after 9 p.m.; and

(d) on Sunday in each week; and

(e) on each public holiday and public half‑holiday.

[Section 12B inserted: No. 47 of 2006 s. 9.]

12C. No restriction on trading hours for small retail shops

A small retail shop may be open at any time.

[Section 12C inserted: No. 47 of 2006 s. 9.]

12D. Trading hours for special retail shops

Subject to this Act and any order made under section 12E(1) that affects the trading hours of the special retail shop, a special retail shop is required to be closed on every day of the year until 6 a.m. and from and after 11.30 p.m..

[Section 12D inserted: No. 47 of 2006 s. 9.]

12E. Variation of trading hours

(1) The Minister may by order vary the trading hours of retail shops by —

(a) requiring retail shops to be closed at a time or times when the shops would otherwise not be required to be closed under section 12(1) or (3), 12B or 12D; or

(b) authorising retail shops to be open at a time or times when the shops would otherwise be required to be closed under any of those provisions.

(2) Without limiting the effect of subsection (3A), but despite any other provision of this section, an order can vary the trading hours of general retail shops in the metropolitan area only in relation to a day that is —

(a) within the period of 28 days ending on 1 January; or

(b) a public holiday or public half‑holiday outside that period.

(3A) An order cannot authorise general retail shops in the metropolitan area to be open on Anzac Day (25 April), Christmas Day (25 December) or Good Friday.

(3) An order varying the trading hours of general retail shops may apply to —

(a) all general retail shops; or

(b) general retail shops of a specified class; or

(d) a specified general retail shop.

(4) An order varying the trading hours of motor vehicle shops may apply to —

(a) all motor vehicle shops; or

(b) motor vehicle shops of a specified class; or

(d) a specified motor vehicle shop.

(5) An order varying the trading hours of special retail shops may apply to —

(a) all special retail shops; or

(b) special retail shops of a specified class; or

(d) a specified special retail shop.

(6) An order varying the trading hours of retail shops may apply to —

(a) all retail shops; or

(b) any specified portion of retail shops,

in which one or more classes of specified goods or services, or goods and services, are sold or provided.

(7) An order varying the trading hours of retail shops may apply to —

(a) any or every day in each week; or

(b) a specified day or specified days.

(8) In this section —

order means an order made under subsection (1);

specified, in relation to an order, means specified in the order.

[Section 12E inserted: No. 47 of 2006 s. 9; amended: No. 38 of 2010 s. 5; No. 13 of 2012 s. 6.]

[13. Deleted: No. 47 of 2006 s. 10.]

14. No restriction on trading hours for filling stations

A filling station may be open at any time.

[Section 14 inserted: No. 47 of 2006 s. 11.]

14A. Goods that can be sold at filling stations

(1) A person who operates a filling station is not, at any time outside the trading hours referred to in section 12(1) if the filling station is not in the metropolitan area or section 12(3) if the filling station is in the metropolitan area, to sell or allow to be sold at the filling station any thing that is not —

(a) fuel or an accessory; or

(b) one of the goods prescribed for the purposes of this paragraph.

[(c), (d) deleted]

(2) In this section —

accessory means —

(a) lubricant in any form, tyre, tube, battery, part or accessory; or

(b) any other thing, other than fuel, required to equip or operate a motor vehicle.

[Section 14A inserted: No. 47 of 2006 s. 11; amended: No. 38 of 2010 s. 6; No. 35 of 2016 s. 8.]

[14B, 14C. Deleted: No. 35 of 2016 s. 9.]

15. Permits

(1) Despite the provisions of this Part —

(a) a person who operates a retail shop; or

(b) a body consisting of, or representing, persons who operate a class of retail shops or retail shops in a part of the State; or

(c) a local government, at the request of a person referred to in paragraph (a) or a body referred to in paragraph (b) in respect of a retail shop or retail shops, as the case requires, in the local government’s district,

may apply to the chief executive officer for a permit —

(d) to open the retail shop operated by the person or the retail shops operated by the persons who are members of, or represented by, the body, as the case requires, at times when the shop or shops would otherwise be required to be closed by section 12, 12B or 12D or by order under section 12A or 12E; or

(e) to sell goods, or to allow goods to be sold, or to provide services despite those goods or services —

(i) in the case of small retail shops — being goods referred to in, or goods or services prescribed for the purposes of, section 10(3)(a); or

(ii) in the case of special retail shops — not being goods or services prescribed for the purposes of section 10(4)(b); or

(iii) in the case of filling stations — not being goods referred to in section 14A(1)(a) or prescribed for the purposes of section 14A(1)(b).

(2) Where an application is made under subsection (1) and the chief executive officer is satisfied in relation to the shop or class of shops referred to in the application that it is desirable or necessary in the interests of the public that the shop or class of shops should be open or should be permitted to sell goods or provide services that are of the kind referred to in the application by reason of an event or any circumstances that is or are in the opinion of the chief executive officer relevant the chief executive officer may issue a permit in terms of the application or in such terms as the chief executive officer thinks fit authorising the applicant or applicants to open the shop or shops referred to in the application during such hours or periods as are specified in the permit or to sell such goods or provide such services as are specified in the permit or both.

(2a) The chief executive officer may issue a permit under subsection (2) to open a retail shop or retail shops only if satisfied that, by reason of the event or circumstances referred to in that subsection, it is not appropriate, or it is not practicable, for an order to be made under section 12A or 12E to vary the trading hours of that shop or those shops.

(3) The chief executive officer may impose terms and conditions on a permit issued under subsection (2) including conditions as to the closing of retail shops specified in the permit.

(4) A person who contravenes any term or condition imposed under subsection (3) commits an offence.

Penalty: $5 000.

[Section 15 amended: No. 1 of 1991 s. 14; No. 47 of 2006 s. 12 and 17; No. 35 of 2016 s. 10.]

16. Covenants relating to opening of retail shops

Notwithstanding any rule of law or construction to the contrary, where an agreement, between any person and a person operating a retail shop contains a term or covenant providing for the opening of the shop, whether at specified hours or specified times or not, the person operating the retail shop is not in breach of that term or covenant by reason only of failing to open the retail shop between the hours authorised by this Act.

[Section 16 amended: No. 1 of 1991 s. 11.]

[17-21. Deleted: No. 23 of 2014 s. 93.]

Part IV — Miscellaneous

22. Covenants contrary to this Act negated

Notwithstanding a covenant to the contrary, a person who operates a shop is not prevented from doing and is not liable for doing such acts as are necessary to comply with the provisions of this Act.

23. Auctions of domestic furniture at dwelling house

Notwithstanding anything in this Act, this Act does not apply to a bona fide auction of used household furniture, tools of trade, agricultural machinery or vehicles at a dwelling house or a farm that have been used for or in connection with or for the purposes of that dwelling house or farm as the case requires.

24. When retail shop deemed not to be closed

For the purposes of this Act, a retail shop is deemed not to be closed if —

(a) it is not locked or otherwise effectively secured to the complete exclusion of the public; or

(b) the person operating the retail shop or any associated person is engaged therein in obtaining orders by any means of communication relating to the sale of any goods or the provision of any services.

25. Offences as to operating retail shops

(1) A person shall not in a retail shop —

(a) during a time when the shop or portion of the shop is required to be closed under this Act sell any goods or provide any services; or

(b) during a time when only a limited class of goods may be sold or only a limited class of services may be provided under this Act sell any goods or provide any services other than the goods or services so limited.

(2) A person commits an offence if the person operates a retail shop that is certified to be a small retail shop under section 10(3)(c) and is not owned and operated in accordance with section 10(3)(a), (b), (ba), (bb), (bc), (bd) and (be).

(3) A person who contravenes subsection (1) or commits an offence under subsection (2) is liable to a penalty as follows —

For a first offence, $5 000;

For a second offence, $6 000;

For a third offence, $8 000,

but in the case of a fourth or subsequent offence committed within a period of 2 years since the date of the last conviction under this Act where it is shown that the accused has engaged in a course of conduct in contravention of this Act, to a penalty of not less than $25 000.

[Section 25 amended: No. 47 of 2006 s. 13 and 17; No. 35 of 2016 s. 11.]

26. Advertisements of retail shopping hours, restrictions on

(1) A person who operates a retail shop shall not himself or by his agent publish or cause to be published any statement which implies or suggests —

(a) that at a time when a retail shop is required by this Act to be closed —

(i) the retail shop will be open to the admission of the public for any purpose of trade or inspection; or

(ii) any goods or services will be sold, offered for sale or provided in the retail shop; or

(iii) any person will be in attendance at the retail shop for the receipt by any means of orders for goods or services, or requests for the demonstration of goods or services or the delivery of goods whether on approval or not;

(b) that, at any time during which the retail shop is permitted or required by this Act to be open only for a specified purpose or purposes, or for the sale only of specified goods or provision only of specified services, or subject to a condition, the shop will be open for another purpose, or the sale of other goods or the provision of other services or contrary to any such condition.

Penalty: $5 000.

(2) In subsection (1) publish includes —

(a) insert in any newspaper or publication in the State; and

(b) publicly exhibit —

(i) in, on, over, or under any building, vehicle, or place of whatsoever kind, whether on land or water; or

(ii) in the air in the view of persons being or passing in or on any street or public place;

and

(d) broadcast by wireless transmission or by television; and

(e) make verbally.

[Section 26 amended: No. 47 of 2006 s. 17.]

27. Chief executive officer’s powers

(1) The chief executive officer may, by notice in writing require any person within such period as is specified in the notice, to furnish such information as the chief executive officer requires for the purpose of inquiring into or ascertaining whether that person is complying with the provisions of this Act or any permit or certificate issued under this Act or as to the terms of any partnership or memorandum of association or articles of a body corporate and may require that person to produce all books and other papers whatsoever in that person’s custody or under that person’s control relating thereto within the time specified in the notice.

(2) A person who fails to comply with a request by the chief executive officer made under subsection (1) commits an offence.

Penalty: $5 000.

[Section 27 amended: No. 1 of 1991 s. 14; No. 47 of 2006 s. 17.]

27A. Delegation

The chief executive officer may, either generally or as otherwise provided by instrument of delegation, by writing signed by the chief executive officer, delegate to a person any of the functions of the chief executive officer under this Act, other than this power of delegation.

[Section 27A inserted: No. 1 of 1991 s. 13.]

28. Access to places, books etc.

The chief executive officer, an inspector or an authorised person shall have full and free access at any reasonable time to all buildings, places, books and other papers for any of the purposes of this Act and for any such purpose may take extracts from or copies of any such books or papers.

[Section 28 amended: No. 1 of 1991 s. 14; No. 47 of 2006 s. 16(1).]

29. Inspector or authorised person may require information

(1) An inspector or authorised person may question any person whom the inspector or authorised person has reasonable cause to believe may be able to assist him with his inquiries under this Act.

(2) An inspector or authorised person may require any person who he finds committing or who he reasonably suspects has committed an offence against this Act or whom the inspector or authorised person is authorised to question under this Act, or whose name and address is in the opinion of the inspector or authorised person, reasonably required for the purpose of carrying out his duties under this Act, to state his name and address, and, if he has reasonable ground for suspecting that the name or address as stated is false, require evidence of the correctness thereof.

[Section 29 amended: No. 1 of 1991 s. 14; No. 47 of 2006 s. 16(2) and (3).]

30. Obstructing etc. inspector, authorised person etc.

A person shall not —

(a) assault, resist or impede, delay or in any way obstruct an inspector or an authorised person in the exercise of his powers or in the discharge of his duties under this Act; or

(b) fail, without lawful excuse, to answer any question put to him in pursuance of this Act by an inspector or authorised person or a person acting as interpreter for an inspector or authorised person or give a false or misleading answer to any such question, or refuse to sign any declaration that he is required by or under this Act to sign; or

(c) fail to comply in any respect with the lawful request, requirement, direction or order of an inspector or authorised person; or

(d) when required by or under this Act to furnish any assistance or to furnish any information to an inspector or authorised person, fail to furnish that assistance or information or furnish false or misleading information; or

(e) fail, when so required by an inspector or authorised person, to produce any permit, certificate or authority held or had by him, or any book, notice, record, list or other document of whatsoever kind required by any Act to be held or kept by him, or required by this Act to be produced to an inspector, or fail to allow the inspector or authorised person upon him so producing the same, to make copies of or take extracts from it or of any part thereof or of any entries therein; or

(f) directly or indirectly prevent any person from appearing before or being questioned by an inspector or authorised person in accordance with this Act, or attempt to do so; or

(g) use any threat or any abusive or insulting language to any inspector or authorised person or any employee with respect to any inspection, examination or interrogation made by an inspector or authorised person; or

(h) impersonate an inspector.

Penalty: $5 000.

[Section 30 amended: No. 47 of 2006 s. 17.]

31. Protection of person questioned

A person shall not be required, under section 28 or 29, to answer any question or give any information tending to incriminate him, and before any person is questioned by an inspector or authorised person pursuant to this section the inspector shall advise the person accordingly.

32. Unauthorised disclosure of information

A person who discloses or makes use of any information that has been furnished to him or obtained by him under this Act, or in connection with the execution of this Act, commits an offence unless that information is disclosed or used —

(a) with the consent of the person carrying on or operating any business to which that information relates; or

(b) for the purpose of giving effect to the objects of this Act.

Penalty: $5 000.

[Section 32 amended: No. 47 of 2006 s. 17.]

33. Offences as to dishonesty or damage

(1) A person shall not —

(a) forge, counterfeit or utter or wrongfully make use of, any certificate or permit for the purposes of this Act; or

(b) wilfully make or sign a false statement or declaration or return required under this Act; or

(2) A person who wilfully destroys, damages, defaces or pulls down any notice, certificate, permit, licence or other document posted or exhibited in any shop pursuant to this Act is guilty of an offence.

(3) A person who contravenes subsection (1) or (2) commits an offence.

Penalty: $5 000.

[Section 33 amended: No. 47 of 2006 s. 17.]

[34. Deleted: No. 9 of 2023 s. 132.]

35. Records etc. for this Act, availability of

All records, books, forms, or other documents required to be kept under this Act by an occupier may be printed by the Government Printer, and may be obtained from the Government Printer or an inspector at a fee to be prescribed.

36. Records etc. for this Act to be in English

All records, books or other documents authorised or required to be kept under this Act and all notices required to be exhibited under this Act shall be in legible writing in the English language.

37. Prosecutions of offences need chief executive officer’s consent

Proceedings for an offence against this Act shall not be commenced without the consent in writing of the chief executive officer.

[Section 37 amended: No. 1 of 1991 s. 14.]

38. Protection of officers, members and others

No liability attaches to the chief executive officer, any inspector, authorised person or officer of the Department for any act or omission that occurred in good faith and in exercise or purported exercise or in discharge or purported discharge of his or its functions under this Act.

[Section 38 amended: No. 1 of 1991 s. 14; No. 23 of 2014 s. 94.]

39. Evidentiary provisions

In any prosecution for offences against this Act —

(a) it is not necessary to prove the appointment of an inspector or authorised person or his authority to do any act, to issue any order, to give any direction or notice, to make any request or to take any proceedings, but nothing in this paragraph prevents the right of the accused to prove the extent of that authority; and

(b) a signature purporting to be that of the Minister, the chief executive officer or any inspector or authorised person shall be taken to be the signature of the person whose signature it purports to be until the contrary is proved; and

(c) a statement signed by the chief executive officer that a certificate or permit, of the description mentioned in the statement has or had not been issued pursuant to this Act to a person in respect of any premises specified in the statement, and, in the case of a certificate or permit that has been so issued, as to the date of issue of, and the particulars contained in, the certificate or permit, is evidence of the matters specified in the statement; and

(d) the allegation in or averment in any charge that any building, premises or other place is, or was at the time stated therein, a retail shop, is evidence thereof; and

(e) evidence of a person being found in any shop is proof that the person was employed therein unless the contrary is proved; and

(f) it shall not be necessary to prove the limits of any area, part of an area, radius or zone prescribed by or under this Act, but this paragraph does not prevent the right of the accused to prove the facts relating thereto; and

(g) a statement signed by the chief executive officer stating the class to which any retail shop specified in the certificate belongs, or stating that a class of articles as so specified are usually sold in a specified class of business, is proof of the matters so specified until the contrary is proved; and

(h) any work done in a retail shop shall be deemed to have been done, or any person employed therein shall be deemed to have been employed, with the knowledge and by the authority of the person operating the retail shop unless the contrary is proved.

[Section 39 amended: No. 1 of 1991 s. 14; No. 84 of 2004 s. 80 and 82.]

40. Regulations

(1) The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for giving effect to the purposes of this Act.

(2) Without limiting the generality of this subsection, the regulations may —

(a) prescribe the forms and documents that are required to be given under this Act or kept for the purposes of this Act;

(b) prescribe requirements relating to the giving, furnishing and keeping of information and forms under this Act;

(c) provide for and regulate applications for and the granting of permits, certificates or other authorities under this Act;

(d) prescribe fees payable under this Act;

(e) prescribe penalties not exceeding $2 000 for an offence against any regulations under this Act and provide in the case of a continuing offence for a penalty not exceeding $500 for every day during which the offence continues.

[Section 40 amended: No. 47 of 2006 s. 17.]

41. Review of Act

(1) The Minister is to carry out a review of the operation and effectiveness of this Act as soon as is practicable after the expiry of 3 years from the commencement of the Retail Shops and Fair Trading Legislation Amendment Act 2006 section 14.

(2) The Minister is to prepare a report based on the review and, as soon as is practicable after the report is prepared, is to cause a copy of the report to be laid before each House of Parliament.

[Section 41 inserted: No. 47 of 2006 s. 14.]

42. Savings

(1) Notwithstanding anything in section 10(3) or 10(4) where a retail shop was immediately before the commencement day an exempted shop for the purposes of the Factories and Shops Act 1963 1 the person operating the retail shop is entitled to be issued with a permit under section 15 of this Act to sell at that retail shop goods that were prescribed to be exempted goods under the regulations made under that Act and in force immediately before the commencement day and to remain open as though section 12 of this Act had not come into operation.

(2) In subsection (1) —

commencement day means the day on which this Act comes into operation.

[Section 42 amended: No. 73 of 1994 s. 4.]

[43. Deleted: No. 47 of 2006 s. 15.]

dline

Notes

This is a compilation of the Retail Trading Hours Act 1987 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.

Compilation table

Short title	Number and year	Assent	Commencement
Retail Trading Hours Act 1987	123 of 1987	31 Dec 1987	s. 1 and 2: 31 Dec 1987; Act other than s. 1 and 2: 1 Sep 1988 (see s. 2 and Gazette 12 Aug 1988 p. 2695)
Retail Trading Hours Amendment Act 1991	1 of 1991	17 May 1991	s. 1 and 2: 17 May 1991; Act other than s. 1, 2 and 12: 2 Aug 1991 (see s. 2 and Gazette 2 Aug 1991 p. 3991); s. 12: 1 Nov 1991 (see s. 2 and Gazette 1 Nov 1991 p. 5588)
Acts Amendment (Public Sector Management) Act 1994 s. 3(2)	32 of 1994	29 Jun 1994	1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948)
Statutes (Repeals and Minor Amendments) Act 1994 s. 4	73 of 1994	9 Dec 1994	9 Dec 1994 (see s. 2)
Pawnbrokers and Second‑hand Dealers Act 1994 s. 100	88 of 1994	5 Jan 1995	1 Apr 1996 (see s. 2 and Gazette 29 Mar 1996 p. 1495)
Local Government (Consequential Amendments) Act 1996 s. 4	14 of 1996	28 Jun 1996	1 Jul 1996 (see s. 2)
*Reprint of the Retail Trading Hours Act 1987* as at 18 Jan 2002** (includes amendments listed above)
Retail Trading Hours Amendment (Referendums) Act 2004	78 of 2004	8 Dec 2004	8 Dec 2004 (see s. 2)
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 80 and 82	84 of 2004	16 Dec 2004	2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette 7 Jan 2005 p. 53))
Retail Shops and Fair Trading Legislation Amendment Act 2006 Pt. 2 2	47 of 2006	4 Oct 2006	11 May 2007 (see s. 2 and Gazette 11 May 2007 p. 2017)
Liquor and Gaming Legislation Amendment Act 2006 s. 115	73 of 2006	13 Dec 2006	7 May 2007 (see s. 2(2) and Gazette 1 May 2007 p. 1893)
*Reprint 2: The Retail Trading Hours Act 1987* as at 16 Nov 2007** (includes amendments listed above)
Training Legislation Amendment and Repeal Act 2008 s. 60	44 of 2008	10 Dec 2008	10 Jun 2009 (see s. 2(2))
Acts Amendment (Bankruptcy) Act 2009 s. 75	18 of 2009	16 Sep 2009	17 Sep 2009 (see s. 2(b))
Retail Trading Hours Amendment (Joondalup Special Trading Precinct) Act 2010	22 of 2010	7 Jul 2010	s. 1 and 2: 7 Jul 2010 (see s. 2(a)); Act other than s. 1 and 2: 8 Jul 2010 (see s. 2(b))
Retail Trading Hours Amendment (Armadale Special Trading Precinct) Act 2010	36 of 2010	22 Sep 2010	s. 1 and 2: 22 Sep 2010 (see s. 2(a)); Act other than s. 1 and 2: 23 Sep 2010 (see s. 2(b))
Retail Trading Hours Amendment (Midland Special Trading Precinct) Act 2010	37 of 2010	22 Sep 2010	s. 1 and 2: 22 Sep 2010 (see s. 2(a)); Act other than s. 1 and 2: 23 Sep 2010 (see s. 2(b))
Retail Trading Hours Amendment Act 2010	38 of 2010	1 Oct 2010	s. 1 and 2: 1 Oct 2010 (see s. 2(a)); Act other than s. 1 and 2: 1 Nov 2010 (see s. 2(b) and Gazette 22 Oct 2010 p. 5207)
Public Sector Reform Act 2010 s. 89	39 of 2010	1 Oct 2010	1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563)
*Reprint 3: The Retail Trading Hours Act 1987* as at 4 Feb 2011** (includes amendments listed above)
Retail Trading Hours Amendment Act 2011	40 of 2011	4 Oct 2011	s. 1 and 2: 4 Oct 2011 (see s. 2(a)); Act other than s. 1 and 2: 5 Oct 2011 (see s. 2(b))
Road Traffic Legislation Amendment Act 2012 Pt. 4 Div. 45	8 of 2012	21 May 2012	27 Apr 2015 (see s. 2(d) and Gazette 17 Apr 2015 p. 1371)
Retail Trading Hours Amendment Act 2012	13 of 2012	3 Jul 2012	s. 1 and 2: 3 Jul 2012 (see s. 2(a)); s. 3-6: 26 Aug 2012 (see s. 2(b) and Gazette 17 Aug 2012 p. 3899)
Consumer Protection Legislation Amendment Act 2014 Pt. 13 Div. 1	23 of 2014	9 Oct 2014	19 Nov 2014 (see s. 2(b) and Gazette 18 Nov 2014 p. 4315)
*Reprint 4: The Retail Trading Hours Act 1987* as at 7 Aug 2015** (includes amendments listed above)
Retail Trading Hours Amendment Act 2016 Pt. 2	35 of 2016	16 Nov 2016	14 Dec 2016 (see s. 2(b) and Gazette 13 Dec 2016 p. 5619)
Veterinary Practice Act 2021 s. 234	19 of 2021	27 Oct 2021	18 Jun 2022 (see s. 2(b) and SL 2022/81 cl. 2)
Directors’ Liability Reform Act 2023 Pt. 3 Div. 53	9 of 2023	4 Apr 2023	5 Apr 2023 (see s. 2(j))

Other notes

1 Repealed by the Industrial Relations Legislation Amendment and Repeal Act 1995.

2 The Retail Shops and Fair Trading Legislation Amendment Act 2006 s. 18 reads as follows:

Validation

An order made, or purporting to have been made, under the Retail Trading Hours Act 1987 section 5, 10, 12, 13 or 14 that had effect, or purported to have effect, immediately before the commencement of this section —

(a) is taken to have been validly made under that section of that Act;

(b) continues, on and after that commencement, to have effect and the force of law; and

(c) in relation to an order made under section 5, 12, 13 or 14 of that Act that continues to have effect and the force of law under paragraph (b) — may be amended or revoked as if it had been made under section 12E of that Act as amended by this Act.

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

accessory 14A(2)

agreement 3(1)

authorised person 3(1)

chief executive officer 3(1)

commencement day 42(2)

corporation 10(3ab)

filling station 3(1)

fuel 3(1)

inspector 3(1)

motor vehicle 3(1)

motor vehicle shop 3(1)

officer 10(3ab)

operate 3(1)

order 12E(8)

place 3(1)

prescribed services 3(1)

publish 26(2)

related body corporate 10(3ab)

retail sale 3(1)

retail shop 3(1)

sell 3(1)

specified 12E(8)

Western Australia

Retail Trading Hours Act 1987

Western Australia

Retail Trading Hours Act 1987

Contents

Part I — Preliminary

Short title 2
Commencement 2
Terms used 2
Application 4
Application of Interpretation Act 1984 to orders 5

Part II — Administration

Officers 7
Inspectors 7
Inspector’s certificate 7
Inspector subject to chief executive officer 7

Part III — Retail trading hours

Categories of retail shops 8
Certifying shops as small retail shops or special retail shops 12
Trading hours for some general retail shops 14

12B. Trading hours for motor vehicle shops 15

12C. No restriction on trading hours for small retail shops 15

12D. Trading hours for special retail shops 15

12E. Variation of trading hours 16

No restriction on trading hours for filling stations 17

14A. Goods that can be sold at filling stations 17

Permits 18
Covenants relating to opening of retail shops 20

Part IV — Miscellaneous

Covenants contrary to this Act negated 21
Auctions of domestic furniture at dwelling house 21
When retail shop deemed not to be closed 21
Offences as to operating retail shops 21
Advertisements of retail shopping hours, restrictions on 22
Chief executive officer’s powers 23

27A. Delegation 24

Access to places, books etc. 24
Inspector or authorised person may require information 24

Categories of retail shops. The Act’s starting point is classification. Section 10(1) divides retail premises into four categories: general retail shops, small retail shops, special retail shops and filling stations. A retail shop means any place where goods are sold or displayed for retail sale or where prescribed services are provided by way of retail sale (s 3(1)). General retail shops are the residual category (s 10(2)). Small and special retail shops require CEO certification to attract their respective regimes (s 10(3), (4); s 11).

Small retail shop test. The Act provides a detailed multi‑factor test for small retail shop status (s 10(3)). The statutory test includes what may not be sold or provided (no motor vehicles or prescribed goods or services, s 10(3)(a)), ownership and ownership‑structure limits (owned by one eligible person, or up to six eligible persons in partnership, or a body corporate with not more than six shareholders who are eligible persons, s 10(3)(b); eligible person defined at s 10(3a)), active engagement by natural persons (s 10(3)(ba), (bb)), a maximum of 25 persons working in the shop at any one time (s 10(3)(bc)), compliance with directions under s 10(3b) (s 10(3)(bd)), and a proximity/related owner prohibition (s 10(3)(be)). The CEO issues a certificate where satisfied the applicant meets these conditions (s 11(1)-(3)), and may cancel a certificate if the conditions cease to be met (s 11(4)-(5)).

Special retail shop test. Special retail shops are those certificated by the CEO to be in a prescribed category of special retail shops and limited to selling only the goods or services prescribed for that category (s 10(4); s 11(1)-(4)). The special retail shop category then attracts a fixed trading window (s 12D).

Default trading hours and exceptions. Default trading hours are set for general retail shops (distinct rules for metropolitan and non‑metropolitan areas, s 12(1), (3)), for motor vehicle shops (s 12B) and for special retail shops (s 12D). A small retail shop may be open at any time (s 12C); a filling station may be open at any time (s 14) although the sale of non‑fuel goods at filling stations outside usual trading hours is constrained by s 14A(1).

Ministerial orders and CEO permits. The Minister may vary trading hours by order across classes, areas, specified days or specific shops (s 12E). Orders are capable of both tightening and loosening hours and can be made in relation to goods or services classes (s 12E(1), (3)-(7)). However, an order cannot authorise general retail shops in metropolitan areas to open on Anzac Day, Christmas Day or Good Friday (s 12E(3A)), and orders affecting metropolitan general retail shops on days outside specified periods are subject to timing constraints (s 12E(2)). The CEO issues permits for opening shops or for selling specified goods or services outside default hours where the CEO is satisfied the permit is desirable or necessary in the public interest because of an event or circumstances, and only if an order would not be appropriate or practicable (s 15(1)-(3); s 15(2a)).

Administrative control and enforcement. The CEO is empowered to require information and production of documents (s 27), to designate inspectors (s 7), and to delegate (s 27A). Inspectors and authorised persons have wide access and questioning powers (ss 28-29) and may enforce production and copying of documents (s 28). Prosecutions require the written consent of the CEO (s 37). The Act contains prohibitions on obstructing inspectors, on misleading answers, on unauthorised disclosure of material obtained under the Act, and prescribes fixed monetary penalties for various contraventions (ss 30-33).

Contractual interaction. The Act nullifies covenants that would prevent compliance with the statute (s 22), and provides that a shop operator is not in breach of an agreement requiring opening if they fail to open because of the Act (s 16). These provisions put statutory compliance ahead of contractual obligations involving opening hours.

Subsidiary law and evidentiary presumptions. Orders made by the Minister are subsidiary legislation and certain orders are treated as regulations (s 5). The Act contains evidentiary presumptions favourable to enforcement,for example, that a person found in a shop was employed there unless the contrary is proved, and that a certificate signed by the CEO stating class membership is evidence unless disproved (s 39).

Geographic and subject matter limits. The Act applies only to parts of Western Australia south of the 26th parallel and expressly excludes Rottnest Island (s 4(1)-(2A)). It also excludes certain premises and activities from the definition of retail shop, such as restaurants and short‑term markets (s 4(3)-(4A)). The Act also expressly preserves liquor licensing law and its operation for sale of liquor at licensed premises (s 4(4)).

Shop operators and owners. Primary economic actors affected by the Act are persons who operate retail shops in the applicable parts of WA. The definition of retail shop is broad, covering places where goods are sold, displayed, stored for retail sale, or where prescribed services are supplied (s 3(1); s 3(2)). Operators who want to rely on the small or special retail shop exemptions must obtain CEO certification and comply with ownership, staffing and operational rules (s 10(3); s 11). Operators who breach trading hours or permit terms face fixed monetary penalties and escalating sanctions for repeated offending (s 25).

Corporations and ownership structures. The small retail shop test places direct limits on corporate ownership footprints. An eligible person is typically a natural person who does not own or operate more than four retail shops except as a shareholder in a listed corporation (s 10(3a)(a)(ii)). A body corporate can be the owner of a small retail shop only if it has not more than six shareholders who are eligible persons (s 10(3)(b)). The Act therefore affects decisions on legal form, shareholder counts, and the distribution of ownership among family or related entities; the CEO may consider relatedness and control in deciding proximity restrictions (s 10(3aa)).

Employees and labour. The Act constrains shop opening times for many general retail shops, which directly affects employee rostering and overtime. Small retail shops are limited to having no more than 25 persons working at the same time, which affects hiring and shift‑planning (s 10(3)(bc)). The Act deems shop employees present to be employed by the operator unless the contrary is proved, which has evidentiary importance in prosecutions (s 39(e)).

Local government and representative bodies. Local governments or representative bodies may apply to the CEO for permits on behalf of operators in their district (s 15(1)(c)). Local governments therefore have a formal role as applicants under the permit pathway, though decision‑making remains with the CEO.

Competitors and landlords. Agreements affecting opening hours, franchise relationships or supplier agreements are affected by the Act because operators are not liable for failure to comply with contractual opening provisions when statutory limits apply (s 16). Landlords or franchisors who contractually require particular trading hours are directly constrained; however the Act also allows certain covenants to be negated for statutory compliance (s 22).

Consumers. Consumers face variable access to retail services depending on shop classification and any orders or permits in force. Small retail shops and filling stations may be open any time (ss 12C, 14), while general retail shops have defined closed periods (s 12). Ministerial orders may temporarily expand or contract access in defined areas, classes or days (s 12E).

Regulators and inspectors. The CEO, inspectors and authorised persons are the administrative and enforcement actors. The CEO issues and cancels certificates and permits, investigates compliance, requires production of documents, and must consent to prosecutions (ss 11; 15; 27; 37). Inspectors are designated under s 7 and provided with certificates of designation (s 8), and must act under CEO direction (s 9).

Service providers around exclusions. The Act excludes restaurants, cafes and take‑away food shops from its scope (s 4(3)(a)-(b)). Operators and suppliers who position themselves as restaurants or as short‑term market participants can operate outside the Act’s hour restrictions provided they meet the statutory exclusions (s 4(3)-(4A)).

Third parties with access to information. The Act requires certain records to be in English and permits inspection of books and papers, but prohibits unauthorised disclosure of information obtained under the Act except with consent or for the object of the Act (ss 28; 36; 32). Persons handling or receiving data under the Act should be mindful of the s 32 confidentiality obligation.

Who pays. Financially, compliance and non‑compliance costs fall on shop operators and those acting to procure exceptions. Operators pay any fees prescribed by regulation for certificates, permits or printed forms (s 35; s 40(2)(d)), and pay statutory penalties for contraventions (s 25; s 26; s 30; s 32; s 33). Government expenditures are directed to administration, inspection and the costs of making orders, but those are not quantified in the Act.

Duties to observe trading hours and product‑sale restrictions. Operators must not, during a time when the shop is required to be closed, sell goods or provide services (s 25(1)(a)). Where the Act limits sale to a specified class of goods or services, operators must stick to the permitted class (s 25(1)(b)). Filling stations may be open at any time, but outside the default general retail hours they may only sell fuel, accessories and prescribed goods (s 14; s 14A(1)).

Certification and notification duties. A person who wants small or special retail shop status must apply to the CEO in accordance with regulations (s 11(1)). Operators of shops that are certified as small retail shops must notify the CEO within 14 days of changes in ownership or company shareholders (s 10(3ac)). The CEO may cancel certificates where shops no longer meet statutory conditions (s 11(4)).

Permit conditions. Applicants may seek permits to open outside normal hours or to sell non‑permitted goods (s 15(1)). The CEO may impose terms and conditions on permits, including closing conditions (s 15(3)). Contravening permit terms is a discrete offence with a $5 000 penalty (s 15(4)).

Information and cooperation obligations. The CEO may require persons to furnish information and produce books and papers for compliance inquiries (s 27(1)). Failure to comply with a CEO notice is an offence with a $5 000 penalty (s 27(2)). Inspectors and authorised persons may question persons who may assist with inquiries and may require name and address (s 29). It is an offence to obstruct, delay or refuse to answer questions, or to give false or misleading answers to an inspector (s 30).

Advertising restrictions. An operator must not publish statements implying that a shop will be open when the Act requires closure, or suggest availability of goods or services outside permitted purposes (s 26(1)). The definition of publish is broad and includes oral, written, broadcast and public exhibition (s 26(2)). Contravention carries a $5 000 penalty (s 26(1)).

Confidentiality and authorised use of information. Persons who obtain information under the Act must not disclose or use it except with the subject’s consent or for giving effect to the objects of the Act (s 32). The penalty for unauthorised disclosure is $5 000.

Rights to operate under different regimes. Small retail shops and filling stations enjoy the right to trade at any time (s 12C; s 14). Holders of valid permits have the right to trade or sell specified goods in accordance with permit terms (s 15(2)-(3)). Certificates and permits confer rights but are conditional and revocable (s 11(4)-(5); s 15(3)).

Procedural rights and limits. The Act gives a right of appeal only in a narrow context. A person aggrieved by refusal of a certificate under s 10(3)(c) may appeal to the Minister, whose decision is final (s 10(3d)). There is no statutory provision in the Act for merits review or internal review of permit refusals; the CEO’s issuance and cancellation powers are administrative and subject only to the Act’s stated procedures.

Prosecution safeguards. A person cannot be compelled to answer questions that would tend to incriminate them, and must be advised of that right before questioning (s 31). Prosecutions cannot proceed without the CEO’s written consent (s 37), centralising both screening and the decision to prosecute.

Evidentiary presumptions and burdens. The Act includes evidentiary provisions that assist enforcement, such as deeming a person found in a shop to have been employed there unless the contrary is proved, and treating CEO statements about certificate issuance as evidence unless disproved (s 39(d)-(e), (c)). These presumptions shift proof burdens in practice.

Regulatory discretion and delegation. The CEO may delegate functions under the Act other than the power of delegation itself (s 27A). Inspectors act under the CEO’s directions (s 9). Ministerial orders can apply selectively by class, area or specified shops (s 12E(3)-(5)), and an order is subsidiary legislation for interpretive purposes (s 5).

Contractual non‑enforcement. The Act expressly relieves operators from liability for failing to open contrary to the Act, even if an agreement requires opening, and negates covenants that would prevent compliance (s 16; s 22). This protects operators from private enforceability of covenants that contradict statutory legal hours.

Monetary penalties and escalation. The Act fixes monetary penalties for a range of contraventions. The baseline penalty for contravening the trading hours prohibition is $5 000 for a first offence, $6 000 for a second, and $8 000 for a third offence; a fourth or subsequent offence within two years, where the accused has engaged in a course of conduct in contravention, attracts a penalty of not less than $25 000 (s 25(3)). Separate maximum penalties of $5 000 are prescribed for permit condition breaches (s 15(4)), for advertising contraventions (s 26), for obstructing inspectors (s 30), for unauthorised disclosure (s 32), and for certain dishonest acts such as forging certificates (s 33). Regulations may prescribe lesser penalties up to $2 000 for regulatory breaches (s 40(2)(e)).

Investigative powers. The CEO may require persons to furnish information and produce books and papers for compliance inquiries (s 27(1)). Inspectors and authorised persons have full access at reasonable times to buildings, places, books and papers for Act purposes and may take copies or extracts (s 28). They may question persons believed able to assist (s 29), and may require names and addresses. Inspectors must be given written certificates of designation (s 8), and inspectors act under the CEO’s directions (s 9).

Obstruction and false information offences. The Act criminalises obstructing, resisting or impeding inspectors, failing to answer inspector questions without lawful excuse, providing false or misleading answers, refusing to produce permits or documents on request, using threats against inspectors, and impersonating an inspector (s 30). The penalty for these offences is $5 000 (s 30).

Confidentiality and misuse of information. Unauthorised disclosure or use of information obtained under the Act is an offence punishable by $5 000, unless disclosed with the consent of the business owner or for the purpose of giving effect to the objects of the Act (s 32).

Prosecution control and evidentiary aids. Prosecutions require the CEO’s written consent (s 37), which concentrates prosecutorial discretion in the administrative arm of the regulator. The Act contains evidentiary presumptions to facilitate proof of breaches, such as treating a CEO’s statement about certificate issuance as evidence unless the contrary is proved, and not requiring proof of appointment of inspectors in prosecutions (s 39(a), (c)).

Permit enforcement and conditions. The CEO may impose permit terms and conditions (s 15(3)), and non‑compliance with permit conditions is a stand‑alone offence (s 15(4)). Permits may be issued only where the CEO is satisfied that an order would not be appropriate or practicable (s 15(2a)), which subjects permits to a threshold inquiry about orders.

Cancellation consequences. Certificates certifying small or special retail shops may be cancelled where statutory conditions cease to be met (s 11(4)), and cancellation causes the shop to be treated as a general retail shop for Act purposes (s 11(5)). Cancellation does not prevent prosecution for prior breaches (s 11(6)).

Appeals and finality. There is a narrow appeal right against refusal to issue a small shop certificate, to the Minister whose decision is final (s 10(3d)). Otherwise the Act does not create explicit internal merits review or judicial review safeguards; however normal judicial review channels remain available outside the statute but are not created by the Act itself.

Regulatory instruments and offences. The Minister’s orders are subsidiary legislation (s 5(1)), and certain orders are treated as regulations for interpretation (s 5(2)). Regulations may prescribe forms, fees and penalties up to $2 000 for breaches of regulations (s 40). The Act thus creates a mix of primary law penalties in statute and secondary‑law penalties in regulation.

Protections for officers. The Act protects officers, inspectors and authorised persons from liability where acts or omissions occurred in good faith in exercise or purported exercise of functions under the Act (s 38). This limits risk to enforcement officers carrying out duties.

Interpretation Act. Orders made under the Act are subsidiary legislation under the Interpretation Act 1984 (s 5(1)). Additionally, orders made under s 10(3b) are to be treated as if they were regulations for the purposes of the Interpretation Act (s 5(2)). This status affects how orders are challenged, published and interpreted.

Liquor Control Act. The Act expressly preserves the sale or supply of liquor at licensed premises under the Liquor Control Act 1988, stating that nothing in this Act affects those licensed sales (s 4(4)). In practice this means the Act’s trading hours restrictions do not displace liquor licensing regulation for licensed premises.

Cross‑references to other statutes for definitions. The Act imports the meaning of motor vehicle from the Road Traffic (Administration) Act 2008 s 4 (definition used in s 3(1) and applied to motor vehicle shop in s 10(1) and s 12B). It also links to the Pawnbrokers and Second‑hand Dealers Act 1994 in prescribing certain services as prescribed services (s 3(1) and defined list). The Act relies on the Corporations Act 2001 for defined terms such as corporation, officer and related body corporate in the relatedness provisions relevant to small shop certification (s 10(3ab)).

Savings and historical exemptions. Section 42 preserves rights for shops that immediately before commencement were exempted shops under the repealed Factories and Shops Act 1963, by entitling operators to permits under s 15 to continue selling previously exempted goods and to remain open as though s 12 had not come into operation (s 42(1)). The compilation table documents amendments over time and includes a validating provision carried by the 2006 amendment that treats certain earlier orders as validly made and allows their amendment or revocation under the reformed s 12E (see compilation note 2).

Delegation and public sector law. The Act provides for appointment of officers under the Public Sector Management Act 1994 (s 6) and allows the CEO to delegate most functions under the Act (s 27A). This links the Act’s administrative apparatus to general public sector frameworks for employment, delegation and administrative governance.

Regulatory overlap with local government. Local governments may apply for permits on behalf of shop operators within their district (s 15(1)(c)), creating a locus for local councils in trades permitting. However the CEO retains the decision power to issue the permit and to impose conditions (s 15(2)-(3)).

Confidentiality and privacy. The Act sets out confidentiality obligations (s 32) that could intersect with privacy laws and other statutory information disclosure obligations, particularly where information obtained under the Act might otherwise be required to be disclosed under another Act. The Act allows disclosure with the business owner’s consent or for the purpose of the Act itself (s 32).

Evidentiary interplay. The Act’s evidentiary presumptions (s 39) will interact with criminal procedure rules and evidentiary law in prosecutions. Notably, the Act relieves the prosecution from proving appointment of inspectors and treats signatures and CEO statements as prima facie evidence (s 39(a)-(c)). These provisions are procedural aids specific to enforcement under the Act.

Regulations under the Act. The Governor may make regulations prescribing all matters required or convenient to give effect to the Act, including forms, application processes, fees and penalties for regulation breaches (s 40). Those regulations will interact with other regulatory regimes and may establish fees, forms and processes that businesses must follow.

No displacement of other employment or industrial law. The Act does not itself create employment standards, minimum entitlements or bargaining regimes; it regulates hours of operation. Employers must still satisfy workplace law obligations separate from the Act when rostering staff to operate outside usual trading windows; those obligations are outside the Act but would be relevant for compliance costs.

The compilation table in the Act records multiple amendments and reprints. Key amendment points and years recorded in the compilation table and in section annotations are:

1991: Retail Trading Hours Amendment Act 1991 made early substantive changes, including adding inspector provisions and administrative details (see annotations to sections 3, 6-11, 27A, 39).
1994 and 1996: Minor amendments and consequential amendments from other Acts amended cross‑references and definitions (see annotations to s 3 and compilation table).
2004: The Retail Trading Hours Amendment (Referendums) Act 2004 and related Criminal Procedure amendments appear in the compilation table; specific insertion of evidentiary streamlining is annotated in s 39.
2006: The Retail Shops and Fair Trading Legislation Amendment Act 2006 introduced a prominent set of reforms, including the orders power now located in s 12E, validation of prior orders (compilation note 2), and expansion of permit and CEO powers. Multiple sections were inserted or restructured in 2006, including s 12E, s 14A, s 15 reworking, s 27 amendments and s 41 review provision.
2008-2012: Amendments in 2008 and 2010-2012 include reprints and specific amendments for special trading precincts (Joondalup, Armadale, Midland) and additions such as motor vehicle shop trading hours (s 12B was inserted in 2006 but is referenced in later amendments), plus adoption of the Road Traffic definition of motor vehicle (2012 annotation).
2014-2016: Consumer Protection, Retail Trading Hours Amendment Acts and other machinery amendments adjusted certification processes, added small shop notification requirements (s 10(3ac)) and inserted s 12C and 12D (small and special shop trading permissions and restrictions). The 2016 amendments further updated the statutory regime including penalty levels and procedural elements.
2021 and 2023: More recent amendments reflect cross‑statute changes, such as referencing the Veterinary Practice Act 2021 in exclusions (s 4(3)(c) updated) and the Directors’ Liability Reform Act 2023 (compilation table records insertion in 2023), though the Act’s core framework remains intact.

Reprints. The Act has been reprinted multiple times with incorporated amendments, including reprints listed at 18 Jan 2002, 16 Nov 2007, 4 Feb 2011 and 7 Aug 2015. The compilation table gives the assent and commencement dates for the amending Acts.

Validation and transitional provisions. Compilation note 2 records a validation clause in the 2006 amending Act which treated certain orders made under prior versions as valid and permitted their amendment or revocation under the reformed s 12E, thus stabilising the continuum of orders when the reform took effect.

Statutory review. Section 41 requires the Minister to carry out a review of the operation and effectiveness of the Act as soon as practicable after 3 years from commencement of the 2006 amendment (Retail Shops and Fair Trading Legislation Amendment Act 2006 s 14), and to prepare a report to be laid before Parliament. The Act therefore contains an internal accountability mechanism tied to the 2006 reforms (s 41).

What the amendment history shows in statutory terms. The Act’s structure has been progressively modernised through amendments to create the current triad of baseline hours, Ministerial orders and CEO permits/certificates, together with a detailed small retail shop eligibility scheme and evidence and enforcement streamlining. The text and compilation table record these legislative changes; the Act itself does not contain the political or policy material that motivated each amendment, but the statutory product is a legislative template of defaults with administrative discretion to modify.

The enacted text provided contains no judicial decisions, case names or litigation summaries. The Act itself anticipates prosecutions under its provisions (s 25; s 15(4); s 26; s 30; s 32; s 33) and includes evidentiary and procedural aids designed for use in prosecutions, such as presumptions about the status of persons found in shops and the evidentiary weight of CEO statements (s 39). It also centralises prosecutorial action through the requirement that prosecutions not commence without the CEO’s written consent (s 37).

Because the text does not identify or refer to any cases, there are no reported judicial decisions cited in the Act to illustrate how courts have interpreted key tests such as “actively and personally engaged” for small retail shops (s 10(3)(bb)), or “related” owners in s 10(3)(be) where the CEO has regard to particular factors in s 10(3aa). The Act sets out administrative processes such as appeals to the Minister in a narrow circumstance (s 10(3d)) but does not create an internal merits review tribunal or specified judicial appeal route.

For practitioners seeking litigation history or judicial interpretation, the Act’s compilation does not supply cases. The statutory evidentiary presumptions and the CEO consent requirement shape likely litigation strategies, for example by requiring early engagement with the CEO on investigatory information and on prosecutorial intent (s 27; s 37). Any legal challenge to administrative decisions under the Act would likely proceed in general administrative law channels outside the statutory text, but those possibilities are not addressed within the Act itself.

Administrative discretion concentrated in the CEO and Minister. The CEO issues and cancels certificates and permits (ss 11; 15), and prosecutions cannot proceed without CEO consent (s 37). The Minister can make orders that change trading hours across classes and areas (s 12E). The Act explicitly gives the CEO power to require production of documents and information (s 27). This concentration means administrative decision making materially determines who can trade and when, and the statutory appeal route is very narrow (s 10(3d)).

Small retail shop strictures and gaming risk. Small retail shop status hinges on numerous fact‑sensitive criteria including ownership structures, active personal engagement, staff caps, and relatedness between owners (s 10(3), (3a), (3aa)). The Act authorises the Minister to give further directions about ownership and benefit arrangements (s 10(3b)), and the CEO may cancel certificates if conditions are not met (s 11(4)). Businesses may be tempted to structure ownership and operation to meet the technical limits on paper while failing the substance tests,s 10(3aa) gives the CEO a multi‑factor relatedness inquiry including trusteeship and practical control that reaches beyond formal shareholder counts.

Notification and corporate changes. Operators certified as small retail shops must notify the CEO within 14 days of a person becoming or ceasing to be an owner, and corporate shareholders must be notified where applicable (s 10(3ac)). Failure to notify is a statutory ground for cancellation (s 11(4)(a)(iii)). Practitioners should note the short 14‑day window and make compliance systems to capture ownership changes.

Filling stations: open versus permitted sales. Filling stations may be open at any time (s 14), but outside default trading hours they may only sell fuel, accessories or prescribed goods (s 14A(1)). The statutory text creates a situation where premises can be open 24/7 but cannot sell the full range of convenience goods unless prescribed or permitted. Operators who treat filling station openness as equivalent to general retail trading risk offences if they sell non‑permitted items outside permitted hours.

Advertising traps. The prohibition on advertising that implies trade when the shop must be closed is broad (s 26(1)). The statutory definition of publish includes oral statements and air displays, so marketing copy, social media posts, SMS messages and third‑party advertising can breach the Act. A simple “open late” or “open for trade” statement outside permitted hours may attract the $5 000 penalty.

Permit versus order threshold. The CEO may issue a permit only if satisfied that the event or circumstances make the permit desirable or necessary in the public interest and only if it is not appropriate or practicable for an order to be made under s 12E (s 15(2), (2a)). That second limb means a permit may be refused if the CEO considers an order to vary hours is the correct instrument, which can complicate contingency planning for one‑off events. Applicants should consider whether an order might be a preferable, more certain route, and engage early with the Minister’s office where appropriate.

Evidentiary presumptions tilt. Section 39 contains a number of evidentiary presumptions in prosecutions, such as that a person found in a shop is an employee unless the contrary is proved (s 39(e)), and that a CEO’s signed statement about certificate issuance is evidence of the matters specified (s 39(c)). Defending charges may require documentary proof to rebut those presumptions.

CEO consent to prosecute. Because prosecutions require the CEO’s written consent (s 37), private litigants or third parties cannot directly initiate prosecutions. This centralisation may slow enforcement action or shape enforcement priorities; it also makes the CEO a gatekeeper in disputes where prosecution is an enforcement option.

Escalating penalties for repeated conduct. The Act prescribes minimum penalties for a fourth or subsequent offence within two years where a course of conduct is shown, being not less than $25 000 (s 25(3)). This creates a high‑stakes cliff risk for repeat offenders and can convert a compliance lapse into significant financial exposure.

Contractual covenants of limited effect. The Act negates covenants that prevent compliance (s 22) and relieves operators from breach of opening covenants when action is required to comply with the Act (s 16). Landlords, franchisors and suppliers who rely on covenants to control trading hours will find those private rights trumped by the statute.

Records and language. Records required to be kept under the Act must be in legible English (s 36). Businesses that maintain multi‑lingual records for operational convenience must ensure an English version is available for inspection.

Time‑sensitive regulatory design. Ministerial orders that vary the trading hours of metropolitan general retail shops are constrained around New Year and some public holidays (s 12E(2), (3A)). An applicant expecting a quick change in metropolitan trading hours for a holiday will face statutory timing limits.

Limited appeal rights. The statutory appeal right is narrow and final at Ministerial level for refusal of a small shop certificate (s 10(3d)). There is no parallel internal merits review for permit refusals or for cancellation decisions specified in the Act, increasing the importance of pre‑application engagement and careful documentation.

Map premises to statutory categories. First, determine whether the premises are within the Act’s geographical scope (south of the 26th parallel and not Rottnest Island, s 4(1)-(2A)) and whether they fall within exclusions such as restaurants, cafes, take‑away food shops, veterinary premises, shops in public transport terminals or short‑term markets (s 4(3)-(4A)). Then classify the business as general retail, small retail, special retail, filling station or motor vehicle shop using s 10. Accurate classification is the starting point for complying with trading times, permitted goods, and certification requirements.

If seeking small or special retail shop status, follow the certification process. Apply to the CEO under s 11(1) in accordance with regulations. Ensure the business structure and operations meet the statutory tests in s 10(3) or s 10(4) respectively. For small retail shops, confirm eligible person status under s 10(3a), check ownership and shareholder counts, ensure active personal engagement of natural persons (s 10(3)(ba), (bb)), and maintain the cap of 25 persons at any one time (s 10(3)(bc)). Prepare to verify statements by statutory declaration if required by orders under s 10(3b). Design internal processes to capture and notify ownership or shareholder changes within 14 days as required by s 10(3ac).

Use permits where necessary and document the public interest case. If intending to open outside statutory hours or sell goods otherwise prohibited without relying on small shop or filling station exclusions, apply for a permit under s 15. The CEO will issue permits only if satisfied it is desirable or necessary for the public interest because of specified events or circumstances (s 15(2)), and only if an order under s 12E would not be appropriate or practicable (s 15(2a)). Build an evidence file showing the event or circumstances, why an order is impracticable, and draft proposed permit terms the CEO might impose. Be prepared to accept conditions imposed under s 15(3), and ensure compliance with permit conditions because breach is a distinct offence (s 15(4)).

Observe default trading hours and keep scheduling discipline. For general retail shops, adhere to the default opening and closing times in s 12(1) for non‑metropolitan shops and s 12(3) for metropolitan shops. Motor vehicle shops must comply with s 12B, and special retail shops must comply with s 12D. Track public holidays and public half‑holidays that trigger closure obligations (s 12(1)(e); s 12(3)(d); s 12B(d)). Maintain rosters and staffing records that can demonstrate compliance if inspected.

Filling stations: restrict product availability outside hours. If operating a filling station, you may be open at any time (s 14), but must not sell non‑permitted goods outside the trading hours that would otherwise apply to the location; s 14A(1) limits sales outside those hours to fuel, accessories and prescribed goods. Keep product lists against which inspectors can check compliance, and ensure point‑of‑sale and supply chains support that segregation.

Advertising and marketing compliance. Ensure all public statements, signage, web pages and digital marketing do not imply trade at times when the shop must be closed (s 26). Train marketing staff and external agencies on the broad statutory definition of publish (s 26(2)) and implement sign‑off procedures for time‑sensitive promotional copy.

Records, inspections and information requests. Maintain books, records and other documents as required by the Act and associated regulations (s 35; s 40(2)(a)-(b)). Ensure records are legible and in English (s 36). Create an internal protocol for responding to CEO notices under s 27 and for cooperating with inspectors exercising access powers under s 28. Because failure to comply with s 27 notices and obstruction offences carry significant penalties, assign a responsible officer for enquiries and require records for ownership changes, staffing numbers, and permit conditions.

Confidentiality and handling of information. Where you receive information under the Act, treat it in accordance with s 32. Only disclose with consent or as necessary to give effect to the Act. Put in place data handling policies to prevent unauthorised disclosure and to manage requests from inspectors.

Proactive engagement with regulator and local government. Where an event or circumstance might justify trading outside standard hours, engage early with the CEO and consider whether a Ministerial order under s 12E may be preferred for broader or repeated arrangements. Local governments may apply to the CEO for permits on behalf of shop operators (s 15(1)(c)), so coordinate with local authorities where events are municipal in nature.

Corporate governance to preserve small shop status. Maintain ownership and shareholder structures within statutory bounds; monitor relatedness and control factors flagged in s 10(3aa) which the CEO may consider. Keep documentary evidence that natural persons operating the business are personally and actively engaged (s 10(3)(bb)), and maintain personnel records to demonstrate the headcount cap is not exceeded.

Training and staff rostering. Because employees found in shops are prima facie employees of the operator for evidentiary purposes (s 39(e)), keep employment contracts and shift records to rebut or confirm employment status when needed. Ensure that any apprentices or trainees who are excluded from the headcount calculation under s 10(3)(bc) are documented to preserve small shop status.

Legal and contract reviews. Review tenancy agreements, franchising agreements and supplier contracts to identify clauses that require opening hours, and document reliance on the statutory overrides in s 16 and s 22. While those sections protect operators from liability for statutory non‑compliance, consider renegotiating covenants to avoid commercial disputes.

Appeals and dispute preparation. If refused a certificate for small or special retail shop status, be prepared to exercise the statutory appeal to the Minister (s 10(3d)) and compile the factual and documentary record supporting eligibility. For permit refusals, consider early administrative engagement and record the rationale supplied by the CEO, since the Act does not create a parallel internal merits review.

Prepare for inspections and prosecutions. Because prosecutions require CEO consent (s 37) and the Act contains multiple evidentiary presumptions (s 39), keep complete contemporaneous records showing opening hours, sales logs, staff rosters and permits or certificates on display where required. Ensure that staff are trained on how to respond to inspectors and on the right to remain silent against self‑incrimination in interviews (s 31).

Regulatory monitoring and review. Track Ministerial orders under s 12E and any regulations made under s 40, since these instruments can change trading hours for classes, areas and days. Build a compliance calendar to reflect orders, permits and public holidays that affect trading windows.

Legal advice and risk assessment. Where the business model relies on trading outside statutory hours, incorporate the risk of CEO cancellation, permit refusal, advertising breaches and escalating penalties into the risk register, and seek targeted legal advice on structuring ownership, the timing of applications, and interactions with other regulatory regimes such as liquor licensing.

By following these steps and aligning internal controls to the explicit statutory duties and evidentiary expectations, operators and advisers can reduce exposure to the Act’s fixed monetary penalties and reputational risk from enforcement.

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