QLDIn ForceAct
Trading (Allowable Hours) Act 1990
sec.21Industrial commission may make trading area order
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### sec.21 Industrial commission may make trading area order
The industrial commission may make an order (a trading area order )—
to declare that an area mentioned in section 16AA (1) or (2) is a type 1 or 2 trading area; or
to change the external boundaries of a trading area that is an area mentioned in section 16AA (1) or (2) ; or
to declare that an area not mentioned in section 16AA (1) or (2) is a type 1, 2 or 3 trading area.
an order declaring the town of Kingaroy, identified by reference to its external boundaries, is a type 2 trading area
However, the industrial commission must not make a trading area order if the effect of the order would be to reduce the core trading hours for a day, under section 16D or 16E , of a non-exempt shop situated in the area the subject of the order.
If the area the subject of a trading area order is an area not mentioned in section 16AA (1) or (2) , the trading area order must identify the area by reference to its external boundaries.
A trading area order has effect for the purpose of—
section 16D ; and
to the extent the context permits— section 16E .
s 21 sub 1994 No. 23 s 12
amd 1997 No. 1 s 495 sch 4 ; 1999 No. 83 s 3 ; 2011 No. 44 s 26 ; 2013 No. 61 s 108 ; 2017 No. 26 s 13
sub 2022 No. 17 s 16
(sec.21-ssec.1) The industrial commission may make an order (a trading area order )— to declare that an area mentioned in section 16AA (1) or (2) is a type 1 or 2 trading area; or to change the external boundaries of a trading area that is an area mentioned in section 16AA (1) or (2) ; or to declare that an area not mentioned in section 16AA (1) or (2) is a type 1, 2 or 3 trading area. an order declaring the town of Kingaroy, identified by reference to its external boundaries, is a type 2 trading area
(sec.21-ssec.2) However, the industrial commission must not make a trading area order if the effect of the order would be to reduce the core trading hours for a day, under section 16D or 16E , of a non-exempt shop situated in the area the subject of the order.
(sec.21-ssec.3) If the area the subject of a trading area order is an area not mentioned in section 16AA (1) or (2) , the trading area order must identify the area by reference to its external boundaries.
(sec.21-ssec.4) A trading area order has effect for the purpose of— section 16D ; and to the extent the context permits— section 16E .
- (a) to declare that an area mentioned in section 16AA (1) or (2) is a type 1 or 2 trading area; or
- (b) to change the external boundaries of a trading area that is an area mentioned in section 16AA (1) or (2) ; or
- (c) to declare that an area not mentioned in section 16AA (1) or (2) is a type 1, 2 or 3 trading area. Example for paragraph (c) — an order declaring the town of Kingaroy, identified by reference to its external boundaries, is a type 2 trading area
- (a) section 16D ; and
- (b) to the extent the context permits— section 16E .