QLDIn ForceAct
Trading (Allowable Hours) Act 1990
sec.36AProtection for employees—extended hours under Trading (Allowable Hours) Amendment Act 2002
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### sec.36A Protection for employees—extended hours under Trading (Allowable Hours) Amendment Act 2002
An employer must not require a current employee to work during extended hours unless the employee agrees, in writing, to work during extended hours.
Maximum penalty—
for a first offence—16 penalty units; or
for a second or subsequent offence—20 penalty units.
In this section—
agree means agree for a stated period or for an indefinite period.
current employee means an employee who is employed in a non-exempt shop immediately before 1 August 2002, other than in a non-exempt shop for which the permissible trading hours immediately before 1 August 2002 include trading hours on a Sunday or public holiday, other than a closed day.
employer means an employer of an employee employed in a non-exempt shop.
extended hours means the permissible trading hours on a Sunday or public holiday, other than a closed day.
non-exempt shop means a non-exempt shop in the south-east Queensland area.
permissible trading hours means the permissible trading hours under—
while the trading hours order was in effect—the order; or
from the commencement of the Trading (Allowable Hours) Amendment Act 2017 — section 16B .
south-east Queensland area has the meaning given by section 31B as it was in force on 1 August 2002.
trading hours order has the meaning given by section 31B as in force from time to time before its repeal.
s 36A ins 2002 No. 3 s 9
amd 2016 No. 63 s 1157 sch 6 ; 2017 No. 5 s 32 ; 2017 No. 26 s 27 ; 2022 No. 17 s 22
(sec.36A-ssec.1) An employer must not require a current employee to work during extended hours unless the employee agrees, in writing, to work during extended hours. Maximum penalty— for a first offence—16 penalty units; or for a second or subsequent offence—20 penalty units.
(sec.36A-ssec.2) In this section— agree means agree for a stated period or for an indefinite period. current employee means an employee who is employed in a non-exempt shop immediately before 1 August 2002, other than in a non-exempt shop for which the permissible trading hours immediately before 1 August 2002 include trading hours on a Sunday or public holiday, other than a closed day. employer means an employer of an employee employed in a non-exempt shop. extended hours means the permissible trading hours on a Sunday or public holiday, other than a closed day. non-exempt shop means a non-exempt shop in the south-east Queensland area. permissible trading hours means the permissible trading hours under— while the trading hours order was in effect—the order; or from the commencement of the Trading (Allowable Hours) Amendment Act 2017 — section 16B . south-east Queensland area has the meaning given by section 31B as it was in force on 1 August 2002. trading hours order has the meaning given by section 31B as in force from time to time before its repeal.
- (a) for a first offence—16 penalty units; or
- (b) for a second or subsequent offence—20 penalty units.
- (a) while the trading hours order was in effect—the order; or
- (b) from the commencement of the Trading (Allowable Hours) Amendment Act 2017 — section 16B .