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This is a Bill, not an Act. For current law, see the Acts databases.


STATUTES AMENDMENT (SHOP TRADING AND HOLIDAYS) AMENDMENT BILL 2012

South Australia

Statutes Amendment (Shop Trading and Holidays) Bill 2012

A BILL FOR

An Act to amend the Acts Interpretation Act 1915, the Holidays Act 1910 and the Shop Trading Hours Act 1977.


Contents

Part 1—Preliminary
1Short title
2Commencement
3Amendment provisions

Part 2—Amendment of Acts Interpretation Act 1915
4Amendment of section 4—Interpretation
5Amendment of section 27—Provisions as to limitation of time

Part 3—Amendment of Holidays Act 1910
6Insertion of section 3B
3BChristmas Eve and New Year's Eve
7Amendment of section 7—Payments and other acts on holidays or Saturdays

Part 4—Amendment of Shop Trading Hours Act 1977
8Amendment of section 4—Interpretation
9Amendment of section 5—Exemptions
10Amendment of section 13—Hours during which shops may be open


The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Statutes Amendment (Shop Trading and Holidays) Act 2012.

2—Commencement

This Act will come into operation on a day to be fixed by proclamation.

3—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Acts Interpretation Act 1915

4—Amendment of section 4—Interpretation

(1) Section 4(1)—after the definition of Parliament insert:

part-day public holiday means a part of a day that is, under section 3B of the Holidays Act 1910, a part-day public holiday;

(2) Section 4(1), definition of public holiday—delete the definition and substitute:

public holiday—see subsections (3) and (4);

(3) Section 4—after subsection (2) insert:

(3) A reference in an Act or statutory instrument to a public holiday is a reference to—

(a) a day that is, under the Holidays Act 1910, a public holiday; or

(b) subject to subsection (4)—a part-day public holiday.

(4) If for the purposes of an Act or statutory instrument a business day, working day or other period is expressed as excluding a public holiday, the exclusion does not extend to a part-day public holiday (unless the Act expressly provides to the contrary).

5—Amendment of section 27—Provisions as to limitation of time

Section 27—after subsection (2) insert:

(2a) A reference in subsection (2) to a public holiday does not include a part-day public holiday.

Part 3—Amendment of Holidays Act 1910

6—Insertion of section 3B

After section 3A insert:

3B—Christmas Eve and New Year's Eve

The part of the day from 5pm to 12 o'clock midnight on—

(a) 24 December; and

(b) 31 December,

will be a public holiday (a part-day public holiday).

7—Amendment of section 7—Payments and other acts on holidays or Saturdays

Section 7—after subsection (2) insert:

(3) A reference in this section to a public holiday does not include a part-day public holiday.

Part 4—Amendment of Shop Trading Hours Act 1977

8—Amendment of section 4—Interpretation

(1) Section 4(1)—delete "Central Shopping District" wherever occurring and substitute in each case:

Central Business District (CBD) Tourist Precinct

(2) Section 4(1), definition of exempt shop, (a)(ii)—delete "; and" and substitute:

; or

(3) Section 4(1), definition of public holiday—delete "means a day that is designated as a public holiday by or under the Holidays Act 1910 but"

9—Amendment of section 5—Exemptions

(1) Section 5—delete "14 days" wherever occurring and substitute in each case:

30 days

(2) Section 5(7)—delete subsection (7)

10—Amendment of section 13—Hours during which shops may be open

(1) Section 13—delete subsections (1) and (2) and substitute:

(1) Subject to this section, the shopkeeper of a shop situated in the Greater Adelaide Shopping District may open the shop—

(a) until 9.00 p.m. on every weekday; and

(b) until 5.00 p.m. on a Saturday; and

(c) from 11.00 a.m. to 5.00 p.m. on a Sunday.

(2) Subject to this section, the shopkeeper of a shop situated in the Central Business District (CBD) Tourist Precinct may, in addition to the hours prescribed by subsection (1), open the shop from 11.00 a.m. to 5.00 p.m. on public holidays in any year.

(2) Section 13—after subsection (5) insert:

(5aa) Subject to this section, the shopkeeper of a shop situated in a shopping district may open the shop on a part-day public holiday that falls on a weekday as if it were not a public holiday.

(3) Section 13(5d)—delete "subsections (1) or (2)" and substitute:

subsection (1), (2), (5aa) or (7)

(4) Section 13(5e)—delete "subsection (1), (2) or (5)" and substitute:

subsection (1), (2), (5) or (5aa)

(5) Section 13(5e)—delete "or Christmas Day" and substitute:

or 25 December and not before 12 noon on 25 April

(6) Section 13(6)—after "districts" insert:

outside the Central Business District (CBD) Tourist Precinct

(7) Section 13—after subsection (6) insert:

(6a) Shops in the Central Business District (CBD) Tourist Precinct must be closed on Good Friday, 25 December and until 12 noon on 25 April.

(8) Section 13(8)—delete subsection (8)

 


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