South Australian Current Acts

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SHOP TRADING HOURS ACT 1977 - SECT 12

12—Variation of Proclaimed Shopping District

        (1)         Subject to this section, a council may, by instrument in writing under its common seal, make application to the Minister that—

            (a)         the whole or any part of the area of the council be declared to be a Proclaimed Shopping District; or

            (b)         the area of a Proclaimed Shopping District be varied so that it includes or ceases to include the whole or any part of the area of the council; or

            (c)         a Proclaimed Shopping District comprising the whole or a part of the area of the council be abolished.

        (2)         An application for the declaration of a Proclaimed Shopping District cannot be made unless the proposed Proclaimed Shopping District would comprise—

            (a)         a municipality; or

            (b)         an area of not less than 90 square kilometres.

        (3)         An application to vary the area of a Proclaimed Shopping District cannot be made unless the area, as varied, would comprise—

            (a)         a municipality; or

            (b)         an area of not less than 90 square kilometres.

        (4)         An application under this section may only be made in pursuance of a resolution of the council.

        (6)         A council must not make an application to the Minister under this section unless it has first given interested persons an opportunity to express their views to the council on the proposal and has had regard to the views expressed to it by interested persons.

        (7)         In subsection (6)—

"interested persons" means persons resident in the area of the council, and shopkeepers and shop assistants resident outside the area, but employed or engaged in shops within it.

        (8)         If an unsuccessful application is made to the Minister under this section, a period of one year must elapse before the same, or a substantially similar, application is made.



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