4Shops to which section 5 applies

4 Shops to which section 5 applies

(1)  *[Section 4 Subsection (1) amended by No. 112 of 1993, s. 5 ]*Where a person, or a group of persons, carries on a business or businesses of selling goods by retail at a shop or shops located in Tasmania and the number of persons employed, whether in a full-time capacity or a non-full-time capacity, in that business or those businesses exceeds 250 at any time during the period beginning at 8 a.m. on the Monday of any week and ending at 6 p.m. on Friday of the same week, being a week immediately preceding that in which there occurs a day referred to in section 5 (1) on which the shop or shops shall not be kept open, section 5 applies to that shop, or as the case may be, each of those shops, in relation to that day so referred to.

(1A)  *[Section 4 Subsection (1A) inserted by No. 114 of 1987, s. 5 ]*Where a person, or a group of persons, carries on a business or businesses of selling goods by retail at a shop or shops located in Tasmania and a franchise agreement is in force between a major retailer and that person or group of persons, section 5 applies to that shop, or, as the case may be, to each of those shops.

(1B)  *[Section 4 Subsection (1B) inserted by No. 114 of 1987, s. 5 ]*The reference in subsection (1A) to a franchise agreement includes a reference to a franchise agreement entered into or in existence before the commencement of the Shop Trading Hours Amendment Act (No. 2) 1987 .

(2)  *[Section 4 Subsection (2) amended by No. 110 of 1986, s. 5 ]**[Section 4 Subsection (2) amended by No. 114 of 1987, s. 5 ]*The question of whether or not a group of persons is constituted for the purpose of subsection (1) or (1A) , or of whether or not a person is a member of such a group, shall be determined in accordance with Schedule 2 .