South Australian Current Acts

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SHOP TRADING HOURS ACT 1977 - SECT 17

17—Licence to sell motor spirit and lubricants

        (1)         The Minister may, upon the application of a shopkeeper, grant a licence permitting that shopkeeper to sell and deliver motor spirit and lubricants on any day after closing time and on Sundays and public holidays.

        (2)         The licence may be subject to such limitations, restrictions and conditions as are prescribed.

        (3)         The licensee must pay to the Minister such fees as may be prescribed.

        (4)         A shopkeeper who holds a licence granted under subsection (1) may open the shop to which the licence relates during the hours specified in the licence for the purpose of selling and delivering motor spirit and lubricants in accordance with the licence.

        (4a)         During those hours a shopkeeper referred to in subsection (4) may also sell in accordance with the licence any other goods that are normally sold at the shop subject to the following restrictions:

            (a)         the aggregate price of motor spirit and lubricants sold at the shop during the immediately preceding period of seven consecutive trading days of the shop must be equal to or greater than the percentage (prescribed by regulation) of the aggregate price of all goods sold at the shop during that period; and

            (b)         the shop must be a shop that would fall within the definition of "exempt shop" in section 4 if the business carried on at the shop did not include the retail sale of motor spirit and lubricants.

        (5)         The Minister, if of the opinion that a licence under this section has been abused in any way, may, by notice in writing addressed to the holder of the licence, cancel the licence (and the licence thereupon becomes void).



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