Shop Trading Hours Act 1977

This

Act may be cited as the Shop

Trading Hours Act 1977.

In this Act, unless the contrary intention appears—

building includes part of a building;

caravan means a caravan as defined for the purposes of the Motor

Vehicles Act 1959;

the

Central Business District (CBD) Tourist Precinct means the portion of the municipality of the City of Adelaide that lies within the Hundred of Adelaide;

closing time in relation to a shop, means the time at which the shop is required to be closed under this Act;

council means a municipal or district council;

exempt shop means—

a shop—

the floor area of which does not exceed 200 square metres; and

which does not adjoin, and is not adjacent to, a building, with a floor area exceeding one-half the floor area of the shop, that is used as a storeroom for the purposes of the shop; or

subject to subsection (2), a shop the business of which is the retail sale of all or any of the goods set out in any one of the following subparagraphs:

antiques (other than coins or stamps); or

live fish, fish food, aquariums, accessories for aquariums; or

paintings, reproductions, drawings, etchings, pottery, sculptures, artifacts, wood carving, leatherware, weavings, hand-made goods of glass, iron, copper or silver; or

newspapers, books, periodicals, greeting cards, posters, wrapping paper, stationery; or

pharmaceutical preparations, cosmetic and toilet requisites, first aid requisites, medical and surgical appliances; or

fresh flowers, living plants, floral arrangements, wreaths; or

non-alcoholic drinks, ice-cream, confectionery, light refreshments; or

household pets, pet foods or accessories; or

garden supplies; or

food—

— for consumption on the shop premises; or

— prepared on the shop premises for consumption off those premises; or

souvenirs of a time, place or occasion, identified as such by inscription, stamping or marking; or

cigarettes, cigars, tobacco, smoker's requisites; or

caravans;

or

trailers;

or

a hairdresser's shop; or

subject to subsection (2), a shop—

the business of which is wholly or predominantly the sale of foodstuffs;

and

which has a floor area that does not exceed 400 square metres; and

which does not adjoin, and is not adjacent to, a building, with a floor area exceeding one-half the floor area of the shop, that is used as a storeroom for the purposes of the shop; or

subject to subsection (2), a shop within the premises of a squash centre, ten pin bowling alley or golf club, the business of which is the retail sale of sporting goods of a kind used in the sport carried on in or about those premises; or

a garden shop of the kind referred to in subsection (3), but does not include any shop the business of which is solely or predominantly the retail sale of—

motor vehicles (other than caravans or trailers) or boats; or

motor spirit or lubricants;

floor area in relation to a shop means the sum of—

the area in which goods are displayed for inspection by the public; and

the area to which the public has access for the purpose of inspecting and purchasing goods; and

the floor area of any other shop (other than the floor area attributed to that shop by reason of this paragraph) that adjoins or is adjacent to the shop where—

both shops sell substantially the same classes of goods, or the classes of goods sold by the shops are such as are usually available from a single shop; and

the businesses of both shops are owned by the same person or by different persons who conduct the businesses as one business or substantially as one business;

garden supplies means seeds, plants, fertilisers, pesticides, weedicides, fungicides, flower or shrub pots, garden stakes, garden tools, machinery or equipment or garden ornaments or accessories;

Greater

Adelaide Shopping District means—

the

Central Business District (CBD) Tourist Precinct; and

the

Metropolitan Shopping District;

hardware and building materials has the meaning prescribed by the regulations;

Inspector means an Inspector appointed under section 7;

interested party, in relation to a proposed exemption under section 5 or a notice under section 13(2)(d), means—

any industry association representing the interests of shopkeepers in shops that would be the subject of the exemption or notice; or

any of the following entitled to represent employers, or employees, in shops that would be the subject of the exemption or notice:

organisations registered under the Fair

Work (Registered Organisations) Act 2009 of the Commonwealth;

associations registered under the Fair

Work Act 1994;

the metropolitan area means that part of the State comprising the areas, or the parts of the areas, of the councils referred to in Schedule

1;

the

Metropolitan Shopping District means that part of the metropolitan area that does not include the

Central Business District (CBD) Tourist Precinct;

motor spirit means—

a distillate of crude oil commonly used as fuel for motor vehicles;

liquid petroleum gas or compressed natural gas that is sold, or is intended to be sold, as fuel for motor vehicles;

motor vehicle means a motor vehicle as defined for the purposes of the Motor

Vehicles Act 1959;

Proclaimed

Shopping District means an area of the State for the time being declared by proclamation under section 11 to be a proclaimed shopping district;

retail sale means a sale of goods in the reasonable expectation that the goods will be used or consumed and not resold;

sell includes offer or expose for sale and sale and sold have corresponding meanings;

shop means the whole or any portion of a building, yard, place, structure, stall, tent or vehicle—

in which goods are sold by retail (including sale by auction); or

in which the business of a hairdresser or pawnbroker is carried on;

shopkeeper means the person, or body of persons, whether corporate or unincorporate, that carries on the business of a shop, or acts or apparently acts in the general management or control of the business of a shop;

shopping district means—

the

Central Business District (CBD) Tourist Precinct; or

the

Metropolitan Shopping District; or

any

Proclaimed Shopping District;

trading day in relation to a shop means a day on which the public has access to the shop for the purpose of purchasing goods;

trailer means a trailer as defined for the purposes of the Motor

Vehicles Act 1959;

weekday means a Monday, Tuesday, Wednesday, Thursday or Friday.

A shop is not an exempt shop by virtue of paragraph (b),

or (f) of the definition of exempt shop in subsection (1) unless during the immediately preceding period of seven consecutive trading days of the shop the aggregate price of all goods sold at the shop and that fall within any one or more of the classes of goods referred to in those paragraphs is 80 per cent or more of the aggregate price of all goods sold at the shop during that period.

The floor area of a shop from which motor spirit is sold does not include—

areas in which the only goods displayed for inspection by the public are motor spirit or lubricants;

areas to which the public has access for the purpose of inspecting or purchasing motor spirit or lubricants but not any other class or classes of goods.

When determining whether a shop from which motor spirit is sold is an exempt shop, any area used for the storage of motor spirit will not be taken into account.

If the business carried on at a shop that is not an exempt shop includes the retail sale of garden supplies that are displayed in a separate area of the shop (the garden shop), that area of the shop (but not any other part of the shop) will be taken to be an exempt shop if the following requirements are satisfied:

the aggregate price of all garden supplies selected from goods displayed at the garden shop and purchased during the immediately preceding period of seven consecutive trading days of the garden shop must be

80 per cent or more of the aggregate price of all goods selected from goods displayed at the garden shop and purchased during that period; and

the public must not have access to any other part of the shop at any time at which that part of the shop must be closed under this Act.

The

Minister may grant or declare exemptions from the operation of this

Act, or specified provisions of this Act, in accordance with this section.

The

Minister may grant or declare an exemption on application to the

Minister in a manner and form determined by the Minister, or on the

Minister's own initiative.

An exemption under this section—

may relate to—

a specified shop or class of shops; or

shops generally; and

may apply—

generally throughout the State (to the extent that this Act applies across the

State); or

in specified shopping districts; or

in a specified part of a shopping district; or

in other parts of the State; and

may apply with respect to—

specified hours; or

a specified day or days; or

trading days generally.

However, an exemption—

that relates to—

a specified class of shops; or

shops generally; or

that applies—

generally throughout the State (to the extent that this Act applies across the

State); or

to shops (or a specified class of shops) in a specified shopping district or part of a specified shopping district, cannot operate in respect of a period greater than 14 days.

In deciding whether to grant or declare an exemption, the Minister may have regard to any matters that the Minister considers relevant and must have regard to the following:

whether the proposed exemption is appropriate in order—

to enable a shop or shops to be open at an exhibition or show, to facilitate or support a local or special event or to conduct a special trade event; or

to meet the requirements of tourists and other visitors to the area where the relevant shop, or shops, are located;

the extent to which there has been consultation within the community on the proposed exemption and the outcome of that consultation;

the notice that would be given to the community if the proposed exemption were to be granted.

The

Minister must not grant or declare exemptions under this section that are so extensive as to undermine the controls on shop trading hours set out in this Act.

The

Minister must not grant or declare an exemption unless the Minister—

has consulted with interested parties (if any) (in such manner as is determined by the Minister); and

is satisfied that the proposed exemption is supported by a majority of interested parties (if any), including—

at least 1 interested party representing the interests of employees of shops that would be the subject of the proposed exemption (if any); and

at least 1 interested party representing the interests of employers in shops that would be the subject of the proposed exemption (if any).

An interested party in relation to a proposed exemption may apply for judicial review of a decision made under this section in relation to the proposed exemption.

Subsections (5) to (8)

do not apply to an exemption granted or declared in relation to a day that has been appointed as an additional public holiday by proclamation under section 5(1)(a) of the Public

Holidays Act 2023.

An exemption may be granted or declared—

by notice in writing given to the shopkeeper, or each of the shopkeepers, to whom the exemption relates; or

by notice in the Gazette.

An exemption may be granted or declared by the Minister subject to such restrictions or conditions as the Minister thinks fit.

Without limiting subsection (10), an exemption may be granted or declared subject to a restriction or condition specifying the hours during which, or the day or days on which, the shop or shops to which it relates must be closed.

The

Minister may, at any time, by further notice given in the same manner as notice of the exemption was given—

vary or revoke an exemption; or

vary or revoke a restriction or condition to which an exemption is subject.

A shopkeeper who contravenes or fails to comply with a restriction or condition to which an exemption is subject is guilty of an offence.

Maximum penalty: $100 000.

Unless specific provision is made in a notice under section 5A, an exemption under this section cannot operate in a manner contrary to a notice of the Minister under that section.

An exemption under this section cannot operate with respect to section 13A or 13B.

Subject to this section, an exemption will have effect according to its terms and despite the other provisions of this Act.

The

Minister may, by notice in the Gazette, require shops to be closed at times when it would otherwise be lawful to open those shops.

A notice under this section—

must stipulate the times during which shops must be closed; and

may relate to—

a specified shop or class of shops; or

shops generally; and

may apply—

generally throughout the State; or

in specified shopping districts; or

in a specified part of a shopping district; or

in other parts of the State; and

may apply with respect to—

specified hours; or

a specified day or days.

A requirement under this section cannot operate in respect of a period greater than 14 days.

The

Minister may, by further notice in the Gazette, vary or revoke a requirement under this section.

Subject to this section, a requirement under this section will have effect according to its terms and despite the other provisions of this Act.

A shopkeeper who contravenes a requirement under this section is guilty of an offence.

Maximum penalty: $100 000.

Subject to this section, this Act applies to and in relation to—

any shop situated within a shopping district.

This

Act does not apply to or in relation to—

any shop conducted at an agricultural or horticultural exhibition or show; or

any shop conducted for a period not exceeding one week, if the proceeds from sales made from that shop are devoted to a charitable, religious or benevolent purpose.

For the purposes of this Act the Minister may appoint as many Inspectors as appear necessary or desirable.

Every

Inspector will be furnished by the Minister with a certificate of appointment which the Inspector must produce on request.

An appointment may be made subject to conditions specified in the instrument of appointment.

The

Minister may, at any time, revoke an appointment or vary, revoke or add a condition of an appointment.

For the purposes of ascertaining whether a provision of this Act has been complied with, an Inspector may—

enter and inspect at any time any building, yard, place, structure, stall or tent; or

require the driver of a vehicle, suspected by the Inspector, on reasonable grounds, to be used as a shop or in connection with the business of a shop to stop the vehicle, and enter and inspect the vehicle or anything drawn by it; or

require a person to produce any book, paper, document or record; or

inspect or take copies of any book, paper, document or record or, for that purpose, remove any book, paper, document or record; or

take measurements, or make notes and records; or

take photographs, films or video or audio recordings; or

require any person to answer any question put by the Inspector (whether directly or through an interpreter); or

give such directions as are reasonably necessary for, or incidental to, the effective exercise of a power under this section.

In the exercise of powers under subsection (1), an Inspector may be accompanied by such other persons as seem necessary or desirable in the circumstances.

A person must not—

hinder or obstruct an Inspector, or a person assisting an Inspector, in the exercise of a power under this section; or

use abusive or threatening language to an Inspector, or a person assisting an Inspector, in the exercise of a power under this section; or

refuse or fail to answer, to the best of that person's knowledge, information and belief, a question put to the person under subsection (1)(d);

or

refuse or fail to comply with any other requirement or direction under this section.

Maximum penalty: $25 000.

A person is not obliged to answer a question as required under subsection (1)(d) if to do so might tend to incriminate the person or make the person liable to a penalty.

A person is not obliged to provide information under this section that is privileged on the ground of legal professional privilege.

An

Inspector must disclose to the Minister any direct or indirect financial interest in a shop that is or may be subject to his or her inspection.

Maximum penalty: $5 000.

No personal liability attaches to an Inspector for an honest act or omission in the exercise or discharge, or purported exercise or discharge, of a power, function or duty under this Act.

A liability that would, but for subsection (1), lie against an Inspector lies instead against the Crown.

Subject to subsection (2), the Governor may by proclamation—

declare any area other than the area comprised in the Greater Adelaide

Shopping District to be a Proclaimed Shopping District; or

vary the area comprising any Proclaimed Shopping District; or

abolish a Proclaimed Shopping District.

A proclamation under subsection (1) cannot be made except to give effect to an application, made in accordance with section 12.

Subject to this section, a council may, by instrument in writing under its common seal, make application to the Minister that—

the whole or any part of the area of the council be declared to be a

Proclaimed Shopping District; or

the area of a Proclaimed Shopping District be varied so that it includes or ceases to include the whole or any part of the area of the council; or

a

Proclaimed Shopping District comprising the whole or a part of the area of the council be abolished.

An application for the declaration of a Proclaimed Shopping District cannot be made unless the proposed Proclaimed Shopping District would comprise—

a municipality; or

an area of not less than 90 square kilometres.

An application to vary the area of a Proclaimed Shopping District cannot be made unless the area, as varied, would comprise—

a municipality; or

an area of not less than 90 square kilometres.

An application under this section may only be made in pursuance of a resolution of the council.

A council must not make an application to the Minister under this section unless it has first given interested persons an opportunity to express their views to the council on the proposal and has had regard to the views expressed to it by interested persons.

In subsection (6)—

interested persons means persons resident in the area of the council, and shopkeepers and shop assistants resident outside the area, but employed or engaged in shops within it.

If an unsuccessful application is made to the Minister under this section, a period of one year must elapse before the same, or a substantially similar, application is made.

Subject to this section, the shopkeeper of a shop situated in the Greater

Adelaide Shopping District may open the shop—

until

9.00 p.m. on every weekday; and

until

5.00 p.m. on a Saturday; and

from

9.00 a.m. to 5.00 p.m. on a Sunday, but is not entitled to open the shop on a day that is a public holiday in any year.

Despite subsection (1) (but subject to subsections (5aa), (5a), (5b) and (5e)), the shopkeeper of a shop situated in the Greater Adelaide Shopping

District may open the shop—

until

5.00 p.m. on Easter Saturday in each year; and

if the business of the shop is not wholly or predominantly the sale of foodstuffs—from 9.00 a.m. to 5.00 p.m. on 26 December in each year; and

until midnight on the day after the fourth Thursday in November in each year; and

until midnight on no more than 3 weekdays during the period commencing on

11 December and ending on 23 December in each year (being days specified by the Minister by notice in the Gazette); and

from

9.00 a.m. to 5.00 p.m. on any additional public holiday; and

if the shop is situated in the Central Business District (CBD) Tourist

Precinct—

from

11.00 a.m. to 5.00 p.m. on a public holiday (not being a public holiday referred to in a preceding paragraph) other than Good

Friday, 25 December and 25 April; and

from

12 noon to 5.00 p.m. on 25 April.

The

Minister must publish the notice referred to in subsection (2)(d) on or before 1 November in each year (after consulting with interested parties in such manner as the Minister thinks fit).

Subject to this section, the shopkeeper of a shop situated in a shopping district outside the Greater Adelaide Shopping District may open the shop—

until

6.00 p.m. on every weekday other than a Thursday; and

until

9.00 p.m. on a Thursday; and

until

5.00 p.m. on a Saturday, but is not entitled to open the shop on a day that is a public holiday in any year.

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.

Subject to this section, the shopkeeper of a shop situated in a shopping district the business of which is solely or predominantly the retail sale of boats may open the shop—

until

6.00 p.m. on a Monday, Tuesday and Wednesday; and

until

9.00 p.m. on a Thursday and Friday; and

until

5.00 p.m. on a Saturday.

Subject to this section, the shopkeeper of a shop situated in a shopping district the business of which is solely or predominantly the retail sale of motor vehicles (other than caravans and trailers) may open the shop—

until

6.00 p.m. on a Monday, Tuesday and Wednesday; and

until

9.00 p.m. on a Thursday and Friday; and

until

5.00 p.m. on a Saturday.

Nothing in subsection (1), (2) or (5aa) entitles the shopkeeper of a shop referred to in subsection (5a) or (5b) that is situated in the Greater Adelaide Shopping District to open the shop for additional hours prescribed by those subsections, or on a

Sunday.

Subject to this section, the shopkeeper of a shop situated in a shopping district the business of which is the retail sale of—

hardware and building materials; or

furniture;

or

floor coverings; or

motor vehicle parts and accessories, may, in addition to the hours prescribed by subsection (1), (2), (4) or (5aa) (depending on the shopping district in which the shop is situated), open the shop from 9.00 a.m. until 5.00 p.m. on a public holiday (but not on Good Friday or 25 December and not before 12 noon on 25 April).

Subsection (5e) only applies to a shop if, during the immediately preceding period of seven consecutive trading days of the shop—

the aggregate price of all goods sold at the shop that fall within any one or more of the classes of goods referred to in paragraphs (a),

of that subsection is 80 per cent or more of the aggregate price of all goods sold at the shop during that period; and

the aggregate price of all hardware and building materials of a kind prescribed by regulation for the purposes of this paragraph sold at the shop during that period does not exceed the percentage (prescribed by regulation) of the aggregate price of all hardware and building materials sold at the shop during that period.

In this section—

additional public holiday means a Monday or Tuesday that is a public holiday by virtue of section 3(2) or (3) of the Public

Holidays Act 2023.

Note—

The requirements of this section will not apply to exempt shops as defined in section 4(1).