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Shop Trading Reform (Simplification) Bill Victorian Legislation and Parliamentary Documents Circulation Print EXPLANATORY MEMORANDUM Clause 1 provides that the main purpose of the Bill is to amend the Shop Trading Reform Act 1996 ("the Act") to simplify the management and enforcement of shop trading in Victoria. Clause 2 provides for the commencement of the amendments on the day after the day on which the new Act receives Royal Assent. Clause 3 provides for the substitution of definitions of "exempt shop" and "shop" under section 3(1) of the Act. "Secretary" is defined to mean the Secretary to the Department of Innovation, Industry and Regional Development. A definition of inspector is inserted for the purposes of the new Part 2A inserted by clause 5. Clause 4 substitutes a new section 4 in the Act. Section 4 provides that a shop is an exempt shop if the predominant business carried on in the shop is that of: · a chemist shop · a petrol shop · an eating-house, restaurant, cafe or any other shop that sells cooked or prepared meals that are ready to eat on the premises or to be consumed off the premises · a kind prescribed by the regulations A shop is also an exempt shop if: · the number of persons employed in the shop does not exceed 20; and · the number of persons employed in shops by the occupier and any related bodies corporate in Victoria does not exceed 100 (calculated on a full-time equivalent basis). 1 551131 BILL LA CIRCULATION 6/11/2003
Clause 5 inserts a new Part 2A in the Act providing new inspection powers. Victorian Legislation and Parliamentary Documents The new Part provides for the Secretary to appoint as inspectors any employees or class of employees employed under Part 3 of the Public Sector Management and Employment Act 1998. The inspectors will have power to seek Court orders to obtain information or documents if they have reasonable grounds for believing that a person may have contravened the Act. The inspectors will also have powers to enter parts of shops open to the public and purchase goods. The new Part 2A provides for protection against self- incrimination and for the confidentiality of information obtained under the new Part. Clause 6 extends the coverage of section 7 of the Act from shops (as defined) to retail premises within the meaning of the Retail Leases Act 2003. Clause 7 makes a consequential amendment to repeal section 8(1)(e)(iii) and amend section 8(1)(e)(v) of the Act which refer to services that are no longer subject to the Act. Clause 8 amends the regulation making powers in section 11 of the Act to provide that the Minister may only recommend the making of regulations prescribing a kind of business for the purposes of section 4(1)(d) if the business is one of selling goods that, in the opinion of the Minister, are essential goods. Clause 9 repeals certain spent provisions in the Act. Clause 10 makes a consequential amendment to repeal Schedule 1 to the Act. 2