5Certain shops prohibited from opening on certain occasions

5 Certain shops prohibited from opening on certain occasions

[Section 5 Subsection (1) amended by No. 110 of 1986, s. 6 ][Section 5 Subsection (1) amended by No. 112 of 1993, s. 6 ][Section 5 Subsection (1) amended by No. 76 of 1994, s. 5 ][Section 5 Subsection (2) amended by No. 51 of 1985, s. 4 and Sched. 2, Part I ][Section 5 Subsection (2) amended by No. 110 of 1986, s. 6 ]**[Section 5 Subsection (2A) inserted by No. 110 of 1986, s. 6 ][Section 5 Subsection (2B) inserted by No. 66 of 1999, s. 4, Applied:24 Nov 1999] [Section 5 Subsection (4) amended by No. 113 of 1987, s. 5 and Sched. 1 ][Section 5 Substituted by No. 1 of 2002, s. 5, Applied:01 Dec 2002]

(1)  Subject to the provisions of this Act, a shop to which this section applies must not be kept open at any time –

(a) on Christmas Day; or

(b) [Section 5 Subsection (1) amended by No. 45 of 2011, s. 18, Applied:07 Dec 2011] on Good Friday.

(c) [Section 5 Subsection (1) amended by No. 45 of 2011, s. 18, Applied:07 Dec 2011] .  .  .  .  .  .  .  .  

(2)  [Section 5 Subsection (2) amended by No. 45 of 2011, s. 18, Applied:07 Dec 2011] For the purposes of this section, a shop is taken to be kept open if –

(a) it is not locked or otherwise closed against admission to the public; or

(b) any person in the shop is engaged in the sale of goods, canvassing for orders or delivering goods to customers.

(3)  Despite subsection (2) , if a shop has a common entrance with a factory or warehouse, the shop is not taken to be kept open if the entrance is closed but not locked.

(4)  The occupier of a shop to which this section applies that is kept open in contravention of subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding 200 penalty units.