Western Australian Current Acts Western Australian Current Acts (1) Despite the
provisions of this Part —
(a) a
person who operates a retail shop; or
(b) a
body consisting of, or representing, persons who operate a class of retail
shops or retail shops in a part of the State; or
(c) a
local government, at the request of a person referred to in paragraph (a) or a
body referred to in paragraph (b) in respect of a retail shop or retail shops,
as the case requires, in the local government’s district,
may apply to the chief
executive officer for a permit —
(d) to
open the retail shop operated by the person or the retail shops operated by
the persons who are members of, or represented by, the body, as the case
requires, at times when the shop or shops would otherwise be required to be
closed by section 12, 12B or 12D or by order under section 12A or 12E; or
(e) to
sell goods, or to allow goods to be sold, or to provide services despite those
goods or services —
(i)
in the case of small retail shops — being goods
referred to in, or goods or services prescribed for the purposes of,
section 10(3)(a); or
(ii)
in the case of special retail shops — not being
goods or services prescribed for the purposes of section 10(4)(b); or
(iii)
in the case of filling stations — not being goods
referred to in section 14A(1)(a) or prescribed for the purposes of
section 14A(1)(b).
(2) Where an
application is made under subsection (1) and the chief executive officer is
satisfied in relation to the shop or class of shops referred to in the
application that it is desirable or necessary in the interests of the public
that the shop or class of shops should be open or should be permitted to sell
goods or provide services that are of the kind referred to in the application
by reason of an event or any circumstances that is or are in the opinion of
the chief executive officer relevant the chief executive officer may issue a
permit in terms of the application or in such terms as the chief executive
officer thinks fit authorising the applicant or applicants to open the shop or
shops referred to in the application during such hours or periods as are
specified in the permit or to sell such goods or provide such services as are
specified in the permit or both.
(2a) The chief
executive officer may issue a permit under subsection (2) to open a retail
shop or retail shops only if satisfied that, by reason of the event or
circumstances referred to in that subsection, it is not appropriate, or it is
not practicable, for an order to be made under section 12A or 12E to vary the
trading hours of that shop or those shops.
(3) The chief
executive officer may impose terms and conditions on a permit issued under
subsection (2) including conditions as to the closing of retail shops
specified in the permit.
(4) A person who
contravenes any term or condition imposed under subsection (3) commits an
offence.
Penalty: $5 000.
[Section 15 amended: No. 1 of 1991 s. 14; No. 47
of 2006 s. 12 and 17; No. 35 of 2016 s. 10.]