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This is a Bill, not an Act. For current law, see the Acts databases.
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:
This Act may be cited as the Statutes Amendment (Shop Trading and
Holidays) Act 2012.
This Act will come into operation on a day to be fixed by
proclamation.
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
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)