South Australian Current Acts South Australian Current Acts (1) In this Act,
unless the contrary intention appears—
"building" includes part of a building;
"caravan" means a caravan as defined for the purposes of the
Motor Vehicles Act 1959 ;
"the Central Business District (CBD) Tourist Precinct" means the portion of
the municipality of the City of Adelaide that lies within the Hundred of
Adelaide;
"closing time" in relation to a shop, means the time at which the shop is
required to be closed under this Act;
"council" means a municipal or district council;
"exempt shop" means—
(a) a
shop—
(i)
the floor area of which does not exceed 200 square
metres; and
(ii)
which does not adjoin, and is not adjacent to, a
building, with a floor area exceeding one-half the floor area of the shop,
that is used as a storeroom for the purposes of the shop; or
(b)
subject to subsection (2), a shop the business of which is the
retail sale of all or any of the goods set out in any one of the following
subparagraphs:
(i)
antiques (other than coins or stamps); or
(ii)
live fish, fish food, aquariums, accessories for
aquariums; or
(iii)
paintings, reproductions, drawings, etchings, pottery,
sculptures, artifacts, wood carving, leatherware, weavings, hand-made goods of
glass, iron, copper or silver; or
(iv)
newspapers, books, periodicals, greeting cards, posters,
wrapping paper, stationery; or
(v)
pharmaceutical preparations, cosmetic and toilet
requisites, first aid requisites, medical and surgical appliances; or
(vi)
fresh flowers, living plants, floral arrangements,
wreaths; or
(vii)
non-alcoholic drinks, ice-cream, confectionery, light
refreshments; or
(viii)
household pets, pet foods or accessories; or
(ix)
garden supplies; or
(x)
food—
— for
consumption on the shop premises; or
— prepared on
the shop premises for consumption off those premises; or
(xi)
souvenirs of a time, place or occasion, identified as
such by inscription, stamping or marking; or
(xii)
cigarettes, cigars, tobacco, smoker's requisites; or
(xiii)
caravans; or
(xiv)
trailers; or
(c) a
hairdresser's shop; or
(d)
subject to subsection (2), a shop—
(i)
the business of which is wholly or predominantly the sale
of foodstuffs; and
(ii)
which has a floor area that does not exceed 400 square
metres; and
(iii)
which does not adjoin, and is not adjacent to, a
building, with a floor area exceeding one-half the floor area of the shop,
that is used as a storeroom for the purposes of the shop; or
(f)
subject to subsection (2), a shop within the premises of a squash centre,
ten pin bowling alley or golf club, the business of which is the retail sale
of sporting goods of a kind used in the sport carried on in or about those
premises; or
(g) a
garden shop of the kind referred to in subsection (3),
but does not include any shop the business of which is solely or predominantly
the retail sale of—
(h)
motor vehicles (other than caravans or trailers) or boats; or
(i)
motor spirit or lubricants;
"floor area" in relation to a shop means the sum of—
(a) the
area in which goods are displayed for inspection by the public; and
(b) the
area to which the public has access for the purpose of inspecting and
purchasing goods; and
(c) the
floor area of any other shop (other than the floor area attributed to that
shop by reason of this paragraph) that adjoins or is adjacent to the shop
where—
(i)
both shops sell substantially the same classes of goods,
or the classes of goods sold by the shops are such as are usually available
from a single shop; and
(ii)
the businesses of both shops are owned by the same person
or by different persons who conduct the businesses as one business or
substantially as one business;
"garden supplies" means seeds, plants, fertilisers, pesticides, weedicides,
fungicides, flower or shrub pots, garden stakes, garden tools, machinery or
equipment or garden ornaments or accessories;
"Greater Adelaide Shopping District" means—
(a) the
Central Business District (CBD) Tourist Precinct; and
(b)
the Metropolitan Shopping District;
"hardware and building materials" has the meaning prescribed by the
regulations;
"Inspector" means an Inspector appointed under section 7;
"interested party", in relation to a proposed exemption under section 5
or a notice under section 13(2)(d), means—
(a) any
industry association representing the interests of shopkeepers in shops that
would be the subject of the exemption or notice; or
(b) any
of the following entitled to represent employers, or employees, in shops that
would be the subject of the exemption or notice:
(i)
organisations registered under the Fair Work (Registered
Organisations) Act 2009 of the Commonwealth;
(ii)
associations registered under the Fair Work
Act 1994 ;
"the metropolitan area" means that part of the State comprising the areas, or
the parts of the areas, of the councils referred to in Schedule 1;
"the Metropolitan Shopping District" means that part of the metropolitan area
that does not include the Central Business District (CBD) Tourist Precinct;
"motor spirit" means—
(a) a
distillate of crude oil commonly used as fuel for motor vehicles;
(b)
liquid petroleum gas or compressed natural gas that is sold, or is intended to
be sold, as fuel for motor vehicles;
"motor vehicle" means a motor vehicle as defined for the purposes of the
Motor Vehicles Act 1959 ;
"Proclaimed Shopping District" means an area of the State for the time being
declared by proclamation under section 11 to be a proclaimed
shopping district;
"retail sale" means a sale of goods in the reasonable expectation that the
goods will be used or consumed and not resold;
"sell" includes offer or expose for sale and "sale"
and "sold" have corresponding meanings;
"shop" means the whole or any portion of a building, yard, place, structure,
stall, tent or vehicle—
(a) in
which goods are sold by retail (including sale by auction); or
(b) in
which the business of a hairdresser or pawnbroker is carried on;
"shopkeeper" means the person, or body of persons, whether corporate or
unincorporate, that carries on the business of a shop, or acts or apparently
acts in the general management or control of the business of a shop;
"shopping district" means—
(a) the
Central Business District (CBD) Tourist Precinct; or
(b)
the Metropolitan Shopping District; or
(c) any
Proclaimed Shopping District;
"trading day" in relation to a shop means a day on which the public has access
to the shop for the purpose of purchasing goods;
"trailer" means a trailer as defined for the purposes of the
Motor Vehicles Act 1959 ;
"weekday" means a Monday, Tuesday, Wednesday, Thursday or Friday.
(2) A shop is not an
exempt shop by virtue of paragraph (b), (d) or (f) of the definition of
"exempt shop" in subsection (1) unless during the immediately preceding
period of seven consecutive trading days of the shop the aggregate price of
all goods sold at the shop and that fall within any one or more of the classes
of goods referred to in those paragraphs is 80 per cent or more of the
aggregate price of all goods sold at the shop during that period.
(2a) The floor area of
a shop from which motor spirit is sold does not include—
(a)
areas in which the only goods displayed for inspection by the public are
motor spirit or lubricants;
(b)
areas to which the public has access for the purpose of inspecting or
purchasing motor spirit or lubricants but not any other class or classes of
goods.
(2b) When determining
whether a shop from which motor spirit is sold is an exempt shop, any area
used for the storage of motor spirit will not be taken into account.
(3) If the business
carried on at a shop that is not an exempt shop includes the retail sale of
garden supplies that are displayed in a separate area of the shop (the
"garden shop"), that area of the shop (but not any other part of the shop)
will be taken to be an exempt shop if the following requirements are
satisfied:
(a) the
aggregate price of all garden supplies selected from goods displayed at the
garden shop and purchased during the immediately preceding period of seven
consecutive trading days of the garden shop must be 80 per cent or more of the
aggregate price of all goods selected from goods displayed at the garden shop
and purchased during that period; and
(b) the
public must not have access to any other part of the shop at any time at which
that part of the shop must be closed under this Act.