Western Australian Current Acts

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RETAIL TRADING HOURS ACT 1987 - SECT 42

42 .         Savings

        (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.]


Notes

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

Retail Trading Hours Act 1987

123 of 1987

31 Dec 1987

s. 1 and 2: 31 Dec 1987;
Act other than s. 1 and 2: 1 Sep 1988 (see s. 2 and Gazette 12 Aug 1988 p. 2695)

Retail Trading Hours Amendment Act 1991

1 of 1991

17 May 1991

s. 1 and 2: 17 May 1991;
Act other than s. 1, 2 and 12: 2 Aug 1991 (see s. 2 and Gazette 2 Aug 1991 p. 3991);
s. 12: 1 Nov 1991 (see s. 2 and Gazette 1 Nov 1991 p. 5588)

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)

Pawnbrokers and Second-hand Dealers Act 1994 s. 100

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));
Act other than s. 1 and 2: 8 Jul 2010 (see s. 2(b))

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));
Act other than s. 1 and 2: 23 Sep 2010 (see s. 2(b))

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));
Act other than s. 1 and 2: 23 Sep 2010 (see s. 2(b))

Retail Trading Hours Amendment Act 2010

38 of 2010

1 Oct 2010

s. 1 and 2: 1 Oct 2010 (see s. 2(a));
Act other than s. 1 and 2: 1 Nov 2010 (see s. 2(b) and Gazette 22 Oct 2010 p. 5207)

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));
Act other than s. 1 and 2: 5 Oct 2011 (see s. 2(b))

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));
s. 3- 6: 26 Aug 2012 (see s. 2(b) and Gazette 17 Aug 2012 p. 3899)

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))

Other notes

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)




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