(1) Notwithstanding
anything in section 10(3) or 10(4) where a retail shop was immediately before
the commencement day an exempted shop for the purposes of the Factories and
Shops Act 1963 1 the person operating the retail shop is entitled to be issued
with a permit under section 15 of this Act to sell at that retail shop goods
that were prescribed to be exempted goods under the regulations made under
that Act and in force immediately before the commencement day and to remain
open as though section 12 of this Act had not come into operation.
(2) In subsection (1)
—
commencement day means the day on which this Act
comes into operation.
[Section 42 amended: No. 73 of 1994 s. 4.]
[ 43. Deleted: No. 47 of 2006 s. 15.]
This is a compilation of the Retail Trading Hours Act 1987 and includes
amendments made by other written laws. For provisions that have come into
operation, and for information about any reprints, see the compilation table.
Compilation table
Short title |
Number and year |
Assent |
Commencement |
---|---|---|---|
123 of 1987 |
31 Dec 1987 |
s. 1 and 2: 31 Dec 1987; | |
Retail Trading Hours Amendment Act 1991 |
1 of 1991 |
17 May 1991 |
s. 1 and 2: 17 May 1991; |
Acts Amendment (Public Sector Management) Act 1994 s. 3(2) |
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948) |
Statutes (Repeals and Minor Amendments) Act 1994 s. 4 |
73 of 1994 |
9 Dec 1994 |
9 Dec 1994 (see s. 2) |
88 of 1994 |
5 Jan 1995 |
1 Apr 1996 (see s. 2 and Gazette 29 Mar 1996 p. 1495) | |
Local Government (Consequential Amendments) Act 1996 s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
Reprint of the Retail Trading Hours Act 1987 as at 18 Jan 2002 (includes
amendments listed above) | |||
Retail Trading Hours Amendment (Referendums) Act 2004 |
78 of 2004 |
8 Dec 2004 |
8 Dec 2004 (see s. 2) |
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004
s. 80 and 82 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
Retail Shops and Fair Trading Legislation Amendment Act 2006 Pt. 2 2 |
47 of 2006 |
4 Oct 2006 |
11 May 2007 (see s. 2 and Gazette 11 May 2007 p. 2017) |
Liquor and Gaming Legislation Amendment Act 2006 s. 115 |
73 of 2006 |
13 Dec 2006 |
7 May 2007 (see s. 2(2) and Gazette 1 May 2007 p. 1893) |
Reprint 2: The Retail Trading Hours Act 1987 as at 16 Nov 2007 (includes
amendments listed above) | |||
Training Legislation Amendment and Repeal Act 2008 s. 60 |
44 of 2008 |
10 Dec 2008 |
10 Jun 2009 (see s. 2(2)) |
Acts Amendment (Bankruptcy) Act 2009 s. 75 |
18 of 2009 |
16 Sep 2009 |
17 Sep 2009 (see s. 2(b)) |
Retail Trading Hours Amendment (Joondalup Special Trading Precinct) Act 2010 |
22 of 2010 |
7 Jul 2010 |
s. 1 and 2: 7 Jul 2010 (see s. 2(a)); |
Retail Trading Hours Amendment (Armadale Special Trading Precinct) Act 2010 |
36 of 2010 |
22 Sep 2010 |
s. 1 and 2: 22 Sep 2010 (see s. 2(a)); |
Retail Trading Hours Amendment (Midland Special Trading Precinct) Act 2010 |
37 of 2010 |
22 Sep 2010 |
s. 1 and 2: 22 Sep 2010 (see s. 2(a)); |
Retail Trading Hours Amendment Act 2010 |
38 of 2010 |
1 Oct 2010 |
s. 1 and 2: 1 Oct 2010 (see s. 2(a)); |
Public Sector Reform Act 2010 s. 89 |
39 of 2010 |
1 Oct 2010 |
1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563) |
Reprint 3: The Retail Trading Hours Act 1987 as at 4 Feb 2011 (includes
amendments listed above) | |||
Retail Trading Hours Amendment Act 2011 |
40 of 2011 |
4 Oct 2011 |
s. 1 and 2: 4 Oct 2011 (see s. 2(a)); |
Road Traffic Legislation Amendment Act 2012 Pt. 4 Div. 45 |
8 of 2012 |
21 May 2012 |
27 Apr 2015 (see s. 2(d) and Gazette 17 Apr 2015 p. 1371) |
Retail Trading Hours Amendment Act 2012 |
13 of 2012 |
3 Jul 2012 |
s. 1 and 2: 3 Jul 2012 (see s. 2(a)); |
Consumer Protection Legislation Amendment Act 2014 Pt. 13 Div. 1 |
23 of 2014 |
9 Oct 2014 |
19 Nov 2014 (see s. 2(b) and Gazette 18 Nov 2014 p. 4315) |
Reprint 4: The Retail Trading Hours Act 1987 as at 7 Aug 2015 (includes
amendments listed above) | |||
Retail Trading Hours Amendment Act 2016 Pt. 2 |
35 of 2016 |
16 Nov 2016 |
14 Dec 2016 (see s. 2(b) and Gazette 13 Dec 2016 p. 5619) |
Veterinary Practice Act 2021 s. 234 |
19 of 2021 |
27 Oct 2021 |
18 Jun 2022 (see s. 2(b) and SL 2022/81 cl. 2) |
Directors’ Liability Reform Act 2023 Pt. 3 Div. 53 |
9 of 2023 |
4 Apr 2023 |
5 Apr 2023 (see s. 2(j)) |
1 Repealed by the Industrial Relations Legislation
Amendment and Repeal Act 1995 .
2 The Retail Shops and Fair Trading Legislation
Amendment Act 2006 s. 18 reads as follows:
18. Validation
An order made, or
purporting to have been made, under the Retail Trading Hours Act 1987
section 5, 10, 12, 13 or 14 that had effect, or purported to have effect,
immediately before the commencement of this section —
(a) is
taken to have been validly made under that section of that Act;
(b)
continues, on and after that commencement, to have effect and the force of
law; and
(c) in
relation to an order made under section 5, 12, 13 or 14 of that Act that
continues to have effect and the force of law under paragraph (b) — may
be amended or revoked as if it had been made under section 12E of that Act as
amended by this Act.
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
accessory
14A(2)
agreement 3(1)
authorised
person 3(1)
chief executive officer
3(1)
commencement day 42(2)
corporation 10(3ab)
filling station
3(1)
fuel 3(1)
inspector
3(1)
motor vehicle 3(1)
motor
vehicle shop 3(1)
officer
10(3ab)
operate 3(1)
order
12E(8)
place 3(1)
prescribed
services 3(1)
publish
26(2)
related body corporate 10(3ab)
retail sale
3(1)
retail shop 3(1)
sell 3(1)
specified
12E(8)