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This is a Bill, not an Act. For current law, see the Acts databases.
Retail Trading Amendment Bill 2012
No , 2012
A Bill for
An Act to amend the Retail Trading Act 2008 to make further provision with respect
to the regulation of shop opening hours, restricted trading days and bank trading
days; and for other purposes.
Clause 1 Retail Trading Amendment Bill 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Retail Trading Amendment Act 2012. 3
2 Commencement 4
(1) Except as provided by subsection (2), this Act commences on the date 5
of assent to this Act. 6
(2) Schedule 1 [1], [7]-[18] and [20] commence on 1 July 2013. 7
Page 2
Retail Trading Amendment Bill 2012
Amendment of Retail Trading Act 2008 No 49 Schedule 1
Schedule 1 Amendment of Retail Trading Act 2008 1
No 49 2
[1] Section 3 Definitions 3
Insert in alphabetical order in section 3 (1): 4
shop exemption--see section 10. 5
tourist trading precinct exemption--see section 10A. 6
[2] Section 3A 7
Insert after section 3: 8
3A Meaning of "freely elected to work" 9
For the purposes of this Act, a person: 10
(a) has not freely elected to work at a shop or a bank on a day 11
if the person has been coerced, harassed, threatened or 12
intimidated to work on that day by or on behalf of the 13
occupier of the shop or the bank, and 14
(b) is not taken to have freely elected to work on a day merely 15
because the person is rostered, or required by the terms of 16
an industrial instrument, to work on that day. 17
[3] Section 4 Shops to be closed on restricted trading days 18
Omit section 4 (3). 19
[4] Section 7 Businesses of certain kinds exempt from trading restrictions 20
Omit section 7 (2)-(4). Insert instead: 21
(2) An exemption under this section is subject to the condition that, 22
on a restricted trading day, the exempted shop is staffed only by 23
persons who have freely elected to work on that day. This 24
subsection has effect despite any other law. 25
[5] Sections 8, 8A and 8B 26
Omit section 8. Insert instead: 27
8 Exemption based on size of workforce 28
(1) Small shops 29
A shop is exempted from a requirement under this Act to be kept 30
closed on a restricted trading day if: 31
(a) the number of persons employed and working in a business 32
carried on in the shop on the restricted trading day 33
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Retail Trading Amendment Bill 2012
Schedule 1 Amendment of Retail Trading Act 2008 No 49
(whether for the full day or a part of the day) is less than 5, 1
and 2
(b) at any time within the period of 7 days before that 3
restricted trading day, the number of persons employed by 4
the occupier of the shop and working in any business 5
carried on in shops of any kind in the State is less than 5. 6
(2) Medium sized shops 7
A shop (other than a shop to which subsection (1) applies) is 8
exempted from a requirement under this Act to be kept closed on 9
a restricted trading day if: 10
(a) the number of persons employed and working in a business 11
carried on in the shop on the restricted trading day 12
(whether for the full day or a part of the day) does not 13
exceed 20, and 14
(b) at any time within the period of 7 days before that 15
restricted trading day, the number of persons employed by 16
the occupier of the shop and working in any business 17
carried on in shops of any kind in the State does not exceed 18
100. 19
(3) The number of persons employed for the purposes of 20
subsections (1) (b) and (2) (b): 21
(a) if the occupier of the shop is a body corporate, is to include 22
the persons: 23
(i) employed in shops of any kind in the State by a body 24
corporate that is related to that body corporate 25
(within the meaning of the Corporations Act 2001 26
of the Commonwealth), and 27
(ii) working in any business carried on in those shops, 28
and 29
(b) is to be calculated by dividing the total number of the hours 30
worked by all persons employed and working in the 31
business carried on in those shops during the relevant 32
period by 38. 33
(4) An exemption under subsection (2) is subject to the condition 34
that, on a restricted trading day, the exempted shop is staffed only 35
by persons who have freely elected to work on that day. This 36
subsection has effect despite any other law. 37
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Retail Trading Amendment Bill 2012
Amendment of Retail Trading Act 2008 No 49 Schedule 1
8A Exemption for receiving, unpacking or preparing goods for sale 1
after restricted trading day 2
(1) A shop is exempted from a requirement under this Act to be kept 3
closed on a restricted trading day if the only business activities 4
carried on at the shop during the restricted trading day are the 5
reception, unpacking or preparation of goods for sale at the shop 6
after the conclusion of a restricted trading day. 7
(2) An exemption under this section is subject to the condition that, 8
on a restricted trading day, the exempted shop is staffed only by 9
persons who have freely elected to work on that day. This 10
subsection has effect despite any other law. 11
8B Exemption from Boxing Day trading restrictions 12
(1) A shop is exempted from a requirement under this Act to be kept 13
closed on Boxing Day, subject to the condition that, on Boxing 14
Day, the exempted shop is staffed only by persons who have 15
freely elected to work on that day. 16
(2) This section has effect despite any other law. 17
[6] Section 9A 18
Insert after section 9: 19
9A Offence--failure to comply with exemption condition 20
An occupier of a shop must not fail to comply with a condition of 21
an exemption imposed under this Division. 22
Maximum penalty: 50 penalty units. 23
[7] Section 10 Director-General may exempt shops from trading restrictions 24
Insert "(a shop exemption)" after "closed" in section 10 (1). 25
[8] Section 10 (3) 26
Omit "an exemption under this Division". 27
Insert instead "a shop exemption". 28
[9] Section 10 (4), (5) and (7) 29
Omit "An exemption" wherever occurring. 30
Insert instead "A shop exemption". 31
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Retail Trading Amendment Bill 2012
Schedule 1 Amendment of Retail Trading Act 2008 No 49
[10] Section 10A 1
Insert after section 10: 2
10A Director-General may exempt shops in a tourist trading precinct 3
from trading restrictions 4
(1) The Director-General may by order, on application by a local 5
council, exempt the shops in a specified location from a 6
requirement under this Act to be kept closed (a tourist trading 7
precinct exemption). 8
(2) The Director-General must not grant a tourist trading precinct 9
exemption unless the Director-General is satisfied that the 10
location that is to be the subject of the exemption is, or is within, 11
a tourist area (that is, an area that during a period or periods of the 12
year has a tourist population that is greater than its normal 13
resident population). 14
(3) Before granting a tourist trading precinct exemption, the 15
Director-General is to have regard to such matters as may be 16
prescribed by the regulations for the purposes of this section. 17
(4) A tourist trading precinct exemption may: 18
(a) apply in respect of one or more specified restricted trading 19
days or all restricted trading days, or 20
(b) apply in respect of specified times on a restricted trading 21
day. 22
(5) A tourist trading precinct exemption has effect for the period, not 23
exceeding 5 years, specified by the Director-General in the order. 24
(6) The period of the exemption may not be extended by an 25
amendment to the order. 26
(7) A tourist trading precinct exemption may be subject to 27
conditions. 28
[11] Section 11 Applications for exemptions 29
Insert "(in the case of a shop exemption)" after "sought" in section 11 (1) (b). 30
[12] Section 11 (1) (b1) 31
Insert after section 11 (1) (b): 32
(b1) made at least 3 months (or such other period as may be 33
prescribed by the regulations) before the first day for 34
which the exemption is sought (in the case of a tourist 35
trading precinct exemption), and 36
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Retail Trading Amendment Bill 2012
Amendment of Retail Trading Act 2008 No 49 Schedule 1
[13] Section 11 (2) 1
Insert "for a shop exemption" after "application". 2
[14] Section 11A Publication of orders and reasons for decisions 3
Insert "(including any conditions to which the exemption is subject)" after 4
"granting an exemption" in section 11A (1). 5
[15] Section 11B Deemed refusal of application 6
Omit "an exemption". Insert instead "a shop exemption". 7
[16] Section 11B (2) 8
Insert at the end of section 11B: 9
(2) If the Director-General has not determined an application for a 10
tourist trading precinct exemption within 3 months (or such other 11
period as the regulations may provide) after the application was 12
made to the Director-General (or such longer period as the 13
Director-General determines with the consent in writing of the 14
applicant), the Director-General is taken, for the purposes of 15
section 12, to have made a decision to refuse to grant the 16
exemption. 17
[17] Section 11C Application of Division to applications for amendment or 18
revocation of exemption orders 19
Omit "an exemption" from section 11C (1). 20
Insert instead "a shop exemption". 21
[18] Section 11C (1A) 22
Insert after section 11C (1): 23
(1A) A local council that has been granted a tourist trading precinct 24
exemption under this Division may apply for the amendment or 25
revocation of the exemption order. 26
[19] Section 13 Staffing on restricted trading days 27
Omit section 13 (1) and (2). Insert instead: 28
(1) An exemption granted by the Director-General under this Part is 29
subject to the condition that each exempted shop that is opened 30
on a restricted trading day to which the exemption applies is 31
staffed only by persons who have freely elected to work on that 32
day. 33
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Retail Trading Amendment Bill 2012
Schedule 1 Amendment of Retail Trading Act 2008 No 49
[20] Section 14 Offence--failure to comply with exemption condition 1
Omit "An occupier of a shop must not fail to comply with a condition of an 2
exemption imposed under this Division". 3
Insert instead "An occupier of a shop that is opened on a restricted trading day 4
to which a shop exemption or tourist trading precinct exemption applies must 5
not fail to comply with a condition of the exemption". 6
[21] Section 14CA 7
Insert after section 14C: 8
14CA Exemption for Bank Holiday 9
(1) Despite section 14C, a bank may open for retail banking business 10
on Bank Holiday, subject to the condition that it is staffed only by 11
persons who have freely elected to work on that day. 12
(2) Subsection (1) has effect despite any other law. 13
(3) A bank to which this section applies must not fail to comply with 14
the condition specified in subsection (1). 15
Maximum penalty: 50 penalty units. 16
[22] Section 14F Staffing on bank close days 17
Omit section 14F (1) and (2). Insert instead: 18
(1) Any approval granted by the Director-General under this Part is 19
subject to the condition that, on a bank close day, the bank 20
authorised to open in accordance with the approval is staffed only 21
by persons who have freely elected to work on that day. 22
[23] Schedule 2 Savings, transitional and other provisions 23
Omit clause 1 of the Schedule. Insert instead: 24
1 Regulations 25
(1) The regulations may contain provisions of a savings or 26
transitional nature consequent on the enactment of this Act or any 27
Act that amends this Act. 28
(2) Any such provision may, if the regulations so provide, take effect 29
from the date of assent to the Act concerned or a later date. 30
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Retail Trading Amendment Bill 2012
Amendment of Retail Trading Act 2008 No 49 Schedule 1
(3) To the extent to which any such provision takes effect from a date 1
that is earlier than the date of its publication on the NSW 2
legislation website, the provision does not operate so as: 3
(a) to affect, in a manner prejudicial to any person (other than 4
the State or an authority of the State), the rights of that 5
person existing before the date of its publication, or 6
(b) to impose liabilities on any person (other than the State or 7
an authority of the State) in respect of anything done or 8
omitted to be done before the date of its publication. 9
[24] Schedule 2, clause 2 10
Insert after clause 2 (4): 11
(5) An existing exemption that was granted under section 89B of the 12
Shops and Industries Act 1962 ceases to have effect on 13
30 June 2013. 14
Page 9
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