Special retail shops — categories, goods and services 2
Certificate for special retail shop 7
Change in ownership, directorship or nature of business 7
Display of certificate 7
Goods for sale at filling station 7
Prescribed service 9
Schedule
Notes
Compilation table 13
Defined terms
Western Australia
Retail Trading Hours Act 1987
Retail Trading Hours Regulations 1988
1. Citation
These regulations may be cited as the Retail Trading Hours Regulations 1988 1.
2. Commencement
These regulations shall come into operation on the day on which the Retail Trading Hours Act 1987 comes into operation 1.
3. Interpretation
In these regulations unless the contrary intention applies —
chief executive officer means chief executive officer of the department principally assisting the Minister with the administration of the Act;
form means a form in the Schedule.
4. Metropolitan area
For the purposes of the Act the metropolitan area means the region described in the Planning and Development Act 2005 Schedule 3 2.
[5. Deleted: Gazette 8 Apr 2011 p. 1282.]
6. Application for small retail shop certificate
An application under section 11(1) of the Act for a certificate certifying a retail shop to be a small retail shop is to be made in a form approved by the chief executive officer.
[Regulation 6 inserted: Gazette 23 Dec 1994 p. 7074; amended: Gazette 2 Nov 1999 p. 5471.]
7. Special retail shops — categories, goods and services
(1) The categories of shops set out in column 1 of the Table to this regulation are prescribed for the purposes of section 10(4)(a) of the Act.
(2) The goods and services set out in column 2 of the Table to this regulation opposite a category of special retail shops are, for the purposes of section 10(4)(b) of the Act, goods and services that are prescribed in relation to a special retail shop of that category.
Table
Column 1 Shop Categories
Column 2 Goods and Services
1. Art and craft (shops engaged in the sale of art and craft works)
Original art and craft works; prints and reproductions of original works; art and craft supplies; art and craft related reading materials; calico or similar re‑useable shopping bags.
2. Souvenirs (Shops offering items of tourism significance)
Souvenirs featuring Australian flora, fauna, locations, characteristics or events or national significance; souvenirs projecting the flavour of the pioneering era or Aboriginal culture; original Australian art and craft works, reading materials and video cassettes or tourism significance; souvenirs and jewellery featuring Australian minerals and pearls; souvenirs crafted from unique Australian woods, hides or skins; Australian coins; calico or similar re‑useable shopping bags.
3. Pharmacy
Goods and services that may be sold or provided at a pharmacy in accordance with the Pharmacy Act 2010; calico or similar re‑usable shopping bags.
4. Domestic development shops (shops offering items for domestic improvements, construction and maintenance, floral arrangements and products for the establishment and maintenance of gardens)
Swimming pools; spas; patios; garages; garden sheds; home additions; household fixtures and fittings (excluding free standing furniture other than shelving units, carpets and electrical items other than ceiling fans); ready to assemble raw timber and finished timber household furniture, and kitchen cupboard panels, sold in flat pack form; desk fans; indoor television antennae; floor mats and rugs; synthetic rolled matting, synthetic grass and marine carpeting; flowers; greenstocks; seeds bulbs; reticulation equipment; hoses, sprinklers and fittings; fertilizers, pesticides, herbicides and applicators; compost tumblers; landscaping and garden decorative products; plant containers and household items for the display of garden produce; construction, maintenance and garden related books and video cassettes; domestic construction and maintenance materials; paint and wallpaper products
and accessories; tools; outdoor furniture and accessories; household cleaning products (excluding powered equipment); swimming pool chemicals and accessories; extension cords and electrical fittings (excluding decorative light fittings); computer cables; barbecues; kitchenware (excluding electrical items); solid fuel space heaters; outdoor lighting; water heaters; gas powered camping equipment and accessories; awnings and blinds; personal safety equipment (excluding clothing except overalls); playground equipment; auto body filler and spray putty; auto surface primer and body black; art and craft supplies; calico or similar re‑useable shopping bags.
5. Marine Craft (shops engaged in the sale of marine craft)
Marine craft and vessels associated spare parts and accessories, boating related books and video cassettes; calico or similar re‑useable shopping bags.
6. Video shops
Digital video disks, video cassette tapes and video head cleaning products; promotional items relating to any video; confectionery and savouries; calico or similar re‑useable shopping bags.
7. Duty Free Shops (shops which trade only as inwards duty free shops or outwards duty free shops as defined under the Customs Act 1901 of the Commonwealth in respect of which permission is granted under section 96A(2) or 96B(3) of that Act)
Goods offered for sale duty free under the terms of the permission granted; calico or similar re‑useable shopping bags.
8. Motor Vehicle Spare Parts Shops (shops other than shops located on premises on which motor vehicles are sold)
Motor vehicle spare parts accessories and lubricants; tools; motor vehicle related books and video cassettes; boating equipment limited to flares, anchors, life jackets, boat drainage bungs, navigation lights, fuel line bulbs, outboard motor water pump impellers, outboard motor service parts (filters, points, etc.), zinc anodes, outboard motor fuel tanks, outboard motor pull cords, and outboard motor shear pins; calico or similar re‑useable shopping bags.
9. Sports Venue Shops (shops located at special sports participation venues)
Sporting goods and associated equipment relevant to the sports activities at each applicant venue; calico or similar re‑useable shopping bags.
10. Newsagencies and book shops
Newspapers, books and stationery requisites; magazines and periodicals; greeting cards; educational requisites; educational toys (excluding mains operated computer games and equipment); photograph albums; sheet music; playing cards; paper plates, cups, doilies; lottery tickets; party decorations; smoker’s requisites; small replacement items of sporting equipment (fishing hooks, table tennis balls, darts, etc.); calico or similar re‑useable shopping bags.
11. Hotel Tourist shops (shops catering for tourist requirements in hotels classified as “4” star or “5” star under a scheme of classification approved by the Minister or any hotel that is in the opinion of the chief executive officer 3 of an equivalent standard)
Newspapers, books and stationery; haberdashery; clothing; sporting equipment; giftware; photographic equipment; cassette tapes, records and compact discs; toys; original art and craft works; prints and reproductions of original works; souvenirs featuring Australian flora, fauna, locations, characteristics or events of national significance; souvenirs projecting the flavour of the pioneering era or aboriginal culture; souvenirs and jewellery featuring Australian minerals and pearls; souvenirs crafted from unique Australian woods, hides or skins; Australian coins and stamps; first aid requisites; toilet and cosmetic requisites; smokers requisites; hairdressing services; flowers and floral arrangements; travel goods; calico or similar re‑useable shopping bags.
[Regulation 7 amended: Gazette 23 Mar 1990 p. 1466‑7; 5 Oct 1990 p. 5123; 4 Jan 1991 p. 8; 25 Oct 1991 p. 5450; 22 Dec 1995 p. 6175; 20 Sep 1996 p. 4718; 4 Apr 1997 p. 1752‑3; 2 Nov 1999 p. 5471‑2; 20 Feb 2001 p. 1079; 3 Jul 2001 p. 3281; 13 Feb 2004 p. 538; 20 Apr 2004 p. 1298; 15 Oct 2010 p. 5172.]
8. Certificate for special retail shop
(1) An application under section 11(1) of the Act for a certificate certifying a retail shop to be a special retail shop is to be made in a form approved by the chief executive officer.
(2) The certificate certifying a retail shop as a special retail shop shall be in Form No. 6.
[Regulation 8 amended: Gazette 22 Dec 2017 p. 5976.]
9. Change in ownership, directorship or nature of business
The operator of a small retail shop or special retail shop shall notify the chief executive officer of any change in the ownership, directorship or nature of business of the small retail shop or special retail shop, as the case may be, within 14 days of such change.
Penalty: $1 000.
10. Display of certificate
The operator of a small retail shop or a special retail shop shall display the certificate issued under section 11(2) of the Act in a prominent position, clearly visible to staff and members of the public, within the retail shop.
Penalty: $1 000.
11. Goods for sale at filling station
Under section 14A(1)(b) of the Act the goods set out in the Table are prescribed for the purposes of sale at all filling stations.
Table
Item
Goods
1.
Food (excluding fresh meat other than prepacked quantities not exceeding 500 g weight)
2.
First aid requisites
3.
Smokers’ requisites
4.
Toilet and cosmetic requisites
5.
Portable barbeques and requisites
6.
Reading material and stationery requisites
7.
Pet and veterinary requisites
8.
Photographic equipment and requisites
9.
Portable audio and visual equipment and requisites
is a special retail shop within the category ............................................................
prescribed for the purposes of section 10(4)(b).
This certificate is issued subject to the following conditions —
(a) the chief executive officer of the department of the Public Service administering the Retail Trading Hours Act 1987 must be notified within 14 days of any change of ownership, directorship or nature of business; and
(b) this certificate must be displayed in a prominent position, clearly visible to staff and members of the public, within the special retail shop.
..............................................
Chief Executive Officer
Notes
1 This is a compilation of the Retail Trading Hours Regulations 1988 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
Compilation table
Citation
Gazettal
Commencement
Retail Trading Hours Regulations 1988
12 Aug 1988 p. 2756‑60
1 Sep 1988 (see r. 2 and Gazette 12 Aug 1988 p. 2695)
Reprint 2: The Retail Trading Hours Regulations 1988 as at 5 May 2006 (includes amendments listed above)
Retail Trading Hours Amendment Regulations 2007
11 May 2007 p. 2027‑31
11 May 2007 (see r. 2 and Gazette 11 May 2007 p. 2017)
Retail Trading Hours Amendment Regulations 2010
15 Oct 2010 p. 5171-2
r. 1 and 2: 15 Oct 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 18 Oct 2010 (see r. 2(b) and Gazette 1 Oct 2010 p. 5076)
Retail Trading Hours Amendment Regulations 2011
8 Apr 2011 p. 1281-2
r. 1 and 2: 8 Apr 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 9 Apr 2011 (see r. 2(b))
Retail Trading Hours Amendment Regulations 2016
13 Dec 2016 p. 5630‑2
r. 1 and 2: 13 Dec 2016 (see r. 2(a)); Regulations other than r. 1 and 2: 14 Dec 2016 (see r. 2(b))
Retail Trading Hours Amendment Regulations 2017
22 Dec 2017 p. 5975‑6
r. 1 and 2: 22 Dec 2017 (see r. 2(a)); Regulations other than r. 1 and 2: 23 Dec 2017 (see r. 2(b))
2 Formerly referred to the Third Schedule of the Metropolitan Region Town Planning Scheme Act 1959. Under the Reprints Act 1984 s. 7(3)(g)(i) the current reference was substituted for the former one.
3 Under the Acts Amendment (Public Service) Act 1987 s. 31(1)(f) a reference in a written law to “Permanent Head” is, unless the contrary intention appears, to be construed as if it had been amended to be a reference to the chief executive officer. This reference was amended under the Reprints Act 1984 s. 7(5)(a).
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]