(c) a shop of a class of shop to which section 5 applies.
(2) If the prescribed conditions have been met, the Minister, by notice published in the Gazette, is to declare that one or more prescribed shops specified in the declaration and situated in a municipality must not be kept open on any Sunday or statutory holiday observed in that municipality or all Sundays or all statutory holidays observed in that municipality –
(a) at all times; or
(b) between the hours specified in the declaration.
(3) For the purposes of subsection (2) , the prescribed conditions have been met if –
(a) a majority of councillors, within the meaning of the Local Government Act 1993 , at a meeting of the council of the municipality have resolved to request the Chief Electoral Officer to hold a poll of the persons entitled to vote at an election or by-election in the municipality under Part 15 of that Act on the proposal set out in the request, being a precise statement of which Sundays and statutory holidays observed in the municipality, and at what times, one or more prescribed shops specified in the proposal and situated in the municipality must be kept closed; and
(b) of those persons who lodged a formal vote in that poll, more than 50% voted in favour of that proposal.
(4) A declaration under subsection (2) is to be in substantially the same terms as the proposal referred to in subsection (3)(a) .
Section 5AA - Shop Trading Hours Act 1984 - Certain shops prohibited from opening on Sundays | Zoe
(5) For the purposes of subsection (2) , 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.
(6) Despite subsection (5) , 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.
(7) The occupier of a shop that is kept open in contravention of a declaration under subsection (2) is guilty of an offence and liable on summary conviction to a fine not exceeding 200 penalty units.
(8) If an occupier that is a body corporate is guilty of an offence under subsection (7) , each person who is a director of the body corporate or who is concerned in the management of the body corporate is guilty of an offence and liable on summary conviction to a fine not exceeding 200 penalty units if that person knowingly authorised or permitted the offence by the body corporate.
(9) A person may be proceeded against and convicted under subsection (8) whether or not the body corporate has been proceeded against for, or convicted of, an offence under subsection (7) .
(10) A poll referred to in subsection (3) is to be conducted, and the result determined, by the Chief Electoral Officer –
(a) at a time determined by the Chief Electoral Officer, but not later than 9 months after receiving the request referred to in subsection (3)(a) ; and
(b) in accordance with guidelines determined by the Chief Electoral Officer.
(11) The costs of a poll referred to in subsection (3) are to be met by the Chief Electoral Officer.
(12) For the purposes of subsection (11) , if a poll is held in a municipality in conjunction with an election or by-election of councillors in the municipality, the costs of the poll are those costs incurred in respect of the poll that are additional to the costs incurred in the conduct of the election or by-election.
(13) A request may not be made under subsection (3)(a) in respect of a municipality within 2 years after a poll referred to in subsection (3) has been held in that municipality.