New South Wales Consolidated Acts

RETAIL TRADING ACT 2008

- As at 13 January 2023 
- Act 49 of 2008 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   3A.     Meaning of "freely elected to work"

   PART 2 - RESTRICTED SHOP TRADING DAYS

   4.      Shops to be closed on restricted trading days
   5.      Offence of trading on restricted trading day
   6.      Advertising of trading on restricted trading day
   6A.     Relationship to Liquor Act 2007

   PART 3 - EXEMPTIONS FOR SHOP TRADING

           Division 1 - General exemptions

   7.      Businesses of certain kinds exempt from trading restrictions
   8.      Small shops exemption
   8A.     Shop not required to be closed on Boxing Day if staff freely elect to work
   8B.     (Repealed)
   9.      Certain licensed premises exempt

           Division 2 - Exemptions by Secretary

   10.     Secretary may exempt shops from trading restrictions
   11.     Applications for exemptions
   11A.    Publication of orders and reasons for decisions
   11B.    Deemed refusal of application
   11C.    Application of Division to applications for amendment or revocation of exemption orders
   12.     Administrative reviews by Civil and Administrative Tribunal
   13.     Staffing on restricted trading days
   14.     Offence--failure to comply with exemption condition

   PART 3A - BANK TRADING DAYS

   14A.    Definitions
   14B.    Bank close days
   14C.    Banks not to be open for retail banking business on bank close days
   14CA.   Banks may be open on certain bank close days if staff freely elect to work
   14D.    Extension of Bank Holiday to other financial institutions
   14E.    Restrictions on granting approval for banks to open
   14F.    Staffing on bank close days
   14G.    Application for approval to open bank on bank close day
   14H.    Matters to be considered in determining application for approval
   14I.    Determination of application
   14J.    Duration of approval
   14K.    Variation, suspension or cancellation of approval
   14L.    Administrative reviews of decisions by Civil and Administrative Tribunal

   PART 4 - ENFORCEMENT

   15.     Powers of inspectors
   16.     Nature of proceedings for offences
   17.     Authority to prosecute
   18.     Evidence that shop is not closed
   19.     Evidence as to exemptions

   PART 5 - MISCELLANEOUS

   20.     Delegation
   21.     Service of documents
   22.     Regulations
   22A.    Provisions relating to shops in leased premises
   22B.    Compensation not payable
   23.     Savings, transitional and other provisions
           24-27. (Repealed)
           SCHEDULE 1
           SCHEDULE 2
           Schedule 4 (Repealed)