South Australian Current Acts South Australian Current Acts13—Hours during which shops may be open
(1) Subject to this
section, the shopkeeper of a shop situated in the Greater Adelaide Shopping
District may open the shop—
(a)
until 9.00 p.m. on every weekday; and
(b)
until 5.00 p.m. on a Saturday; and
(c) from
9.00 a.m. to 5.00 p.m. on a Sunday,
but is not entitled to open the shop on a day that is a public holiday in any
year.
(2) Despite
subsection (1) (but subject to
subsections (5aa), (5a), (5b) and (5e)), the shopkeeper of
a shop situated in the Greater Adelaide Shopping District may open the
shop—
(a)
until 5.00 p.m. on Easter Saturday in each year; and
(b) if
the business of the shop is not wholly or predominantly the sale of
foodstuffs—from 9.00 a.m. to 5.00 p.m. on 26 December in
each year; and
(c)
until midnight on the day after the fourth Thursday in November in each year;
and
(d)
until midnight on no more than 3 weekdays during the period commencing on
11 December and ending on 23 December in each year (being days
specified by the Minister by notice in the Gazette); and
(e) from
9.00 a.m. to 5.00 p.m. on any additional public holiday; and
(f) if
the shop is situated in the Central Business District (CBD) Tourist
Precinct—
(i)
from 11.00 a.m. to 5.00 p.m. on a public holiday (not
being a public holiday referred to in a preceding paragraph) other than Good
Friday, 25 December and 25 April; and
(ii)
from 12 noon to 5.00 p.m. on 25 April.
(3) The Minister must
publish the notice referred to in subsection (2)(d) on or before
1 November in each year (after consulting with interested parties in such
manner as the Minister thinks fit).
(4) Subject to this
section, the shopkeeper of a shop situated in a shopping district outside the
Greater Adelaide Shopping District may open the shop—
(a)
until 6.00 p.m. on every weekday other than a Thursday; and
(b)
until 9.00 p.m. on a Thursday; and
(c)
until 5.00 p.m. on a Saturday,
but is not entitled to open the shop on a day that is a public holiday in any
year.
(5aa) Subject to this
section, the shopkeeper of a shop situated in a shopping district may open the
shop on a part-day public holiday that falls on a weekday as if it were not a
public holiday.
(5a) Subject to this
section, the shopkeeper of a shop situated in a shopping district the business
of which is solely or predominantly the retail sale of boats may open the
shop—
(a)
until 6.00 p.m. on a Monday, Tuesday and Wednesday; and
(b)
until 9.00 p.m. on a Thursday and Friday; and
(c)
until 5.00 p.m. on a Saturday.
(5b) Subject to this
section, the shopkeeper of a shop situated in a shopping district the business
of which is solely or predominantly the retail sale of motor vehicles (other
than caravans and trailers) may open the shop—
(a)
until 6.00 p.m. on a Monday, Tuesday and Wednesday; and
(b)
until 9.00 p.m. on a Thursday and Friday; and
(c)
until 5.00 p.m. on a Saturday.
(5d) Nothing in
subsection (1), (2) or (5aa) entitles the shopkeeper of a shop
referred to in subsection (5a) or (5b) that is situated in the
Greater Adelaide Shopping District to open the shop for additional hours
prescribed by those subsections, or on a Sunday.
(5e) Subject to this
section, the shopkeeper of a shop situated in a shopping district the business
of which is the retail sale of—
(a)
hardware and building materials; or
(d)
motor vehicle parts and accessories,
may, in addition to the hours prescribed by
subsection (1), (2), (4) or (5aa) (depending on the
shopping district in which the shop is situated), open the shop from 9.00 a.m.
until 5.00 p.m. on a public holiday (but not on Good Friday or
25 December and not before 12 noon on 25 April).
(5f)
Subsection (5e) only applies to a shop if, during the immediately
preceding period of seven consecutive trading days of the shop—
(a) the
aggregate price of all goods sold at the shop that fall within any one or more
of the classes of goods referred to in paragraphs (a), (b), (c) and (d)
of that subsection is 80 per cent or more of the aggregate price of all goods
sold at the shop during that period; and
(b) the
aggregate price of all hardware and building materials of a kind prescribed by
regulation for the purposes of this paragraph sold at the shop during that
period does not exceed the percentage (prescribed by regulation) of the
aggregate price of all hardware and building materials sold at the shop during
that period.
(6) In this
section—
"additional public holiday" means a Monday or Tuesday that is a public holiday
by virtue of section 3(2) or (3) of the Public Holidays
Act 2023 .
Note—
The requirements of this section will not apply to exempt shops as defined in
section 4(1).