South Australian Current Acts

SHOP TRADING HOURS ACT 1977 - SECT 5

5—Exemptions

        (1)         The Minister may grant or declare exemptions from the operation of this Act, or specified provisions of this Act, in accordance with this section.

        (2)         The Minister may grant or declare an exemption on application to the Minister in a manner and form determined by the Minister, or on the Minister's own initiative.

        (3)         An exemption under this section—

            (a)         may relate to—

                  (i)         a specified shop or class of shops; or

                  (ii)         shops generally; and

            (b)         may apply—

                  (i)         generally throughout the State (to the extent that this Act applies across the State); or

                  (ii)         in specified shopping districts; or

                  (iii)         in a specified part of a shopping district; or

                  (iv)         in other parts of the State; and

            (c)         may apply with respect to—

                  (i)         specified hours; or

                  (ii)         a specified day or days; or

                  (iii)         trading days generally.

        (4)         However, an exemption—

            (a)         that relates to—

                  (i)         a specified class of shops; or

                  (ii)         shops generally; or

            (b)         that applies—

                  (i)         generally throughout the State (to the extent that this Act applies across the State); or

                  (ii)         to shops (or a specified class of shops) in a specified shopping district or part of a specified shopping district,

cannot operate in respect of a period greater than 14 days.

        (5)         In deciding whether to grant or declare an exemption, the Minister may have regard to any matters that the Minister considers relevant and must have regard to the following:

            (a)         whether the proposed exemption is appropriate in order—

                  (i)         to enable a shop or shops to be open at an exhibition or show, to facilitate or support a local or special event or to conduct a special trade event; or

                  (ii)         to meet the requirements of tourists and other visitors to the area where the relevant shop, or shops, are located;

            (b)         the extent to which there has been consultation within the community on the proposed exemption and the outcome of that consultation;

            (c)         the notice that would be given to the community if the proposed exemption were to be granted.

        (6)         The Minister must not grant or declare exemptions under this section that are so extensive as to undermine the controls on shop trading hours set out in this Act.

        (7)         The Minister must not grant or declare an exemption unless the Minister—

            (a)         has consulted with interested parties (if any) (in such manner as is determined by the Minister); and

            (b)         is satisfied that the proposed exemption is supported by a majority of interested parties (if any), including—

                  (i)         at least 1 interested party representing the interests of employees of shops that would be the subject of the proposed exemption (if any); and

                  (ii)         at least 1 interested party representing the interests of employers in shops that would be the subject of the proposed exemption (if any).

        (8)         An interested party in relation to a proposed exemption may apply for judicial review of a decision made under this section in relation to the proposed exemption.

        (8a)         Subsections (5) to (8) (inclusive) do not apply to an exemption granted or declared in relation to a day that has been appointed as an additional public holiday by proclamation under section 5(1)(a) of the Public Holidays Act 2023 .

        (9)         An exemption may be granted or declared—

            (a)         by notice in writing given to the shopkeeper, or each of the shopkeepers, to whom the exemption relates; or

            (b)         by notice in the Gazette.

        (10)         An exemption may be granted or declared by the Minister subject to such restrictions or conditions as the Minister thinks fit.

        (11)         Without limiting subsection (10), an exemption may be granted or declared subject to a restriction or condition specifying the hours during which, or the day or days on which, the shop or shops to which it relates must be closed.

        (12)         The Minister may, at any time, by further notice given in the same manner as notice of the exemption was given—

            (a)         vary or revoke an exemption; or

            (b)         vary or revoke a restriction or condition to which an exemption is subject.

        (13)         A shopkeeper who contravenes or fails to comply with a restriction or condition to which an exemption is subject is guilty of an offence.

Maximum penalty: $100 000.

        (14)         Unless specific provision is made in a notice under section 5A, an exemption under this section cannot operate in a manner contrary to a notice of the Minister under that section.

        (15)         An exemption under this section cannot operate with respect to section 13A or  13B.

        (16)         Subject to this section, an exemption will have effect according to its terms and despite the other provisions of this Act.