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The purpose of this Act is to provide for the management of shop trading in Victoria.
This Part comes into operation on the day on which this Act receives the Royal Assent.
Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
If a provision referred to in subsection (2) does not come into operation before 1 March 1997, it comes into operation on that day.
In this Act—
S. 3(1) def. of Council amended by No. 9/2020 s. 390(Sch. 1 item 93).
Council has the same meaning as in the Local Government Act 2020 but does not include the Council of the City of Melbourne;
S. 3(1) def. of exempt shop substituted by No. 112/2003 s 3(a).
exempt shop means a shop referred to in section 4;
S. 3(1) def. of inspector inserted by No. 112/2003 s. 3(c).
inspector means an inspector appointed under section 6A;
metropolitan municipal district has the same meaning as in the Public Holidays Act 1993;
S. 3(1) def. of municipal district amended by No. 9/2020 s. 390(Sch. 1 item 93).
municipal district, in relation to a Council, has the same meaning as in the Local Government Act 2020;
occupier, in relation to a shop, includes—
a person entitled to occupy the shop; and
a person managing or controlling, or apparently managing or controlling, a business carried on in the shop; and
a person who is, or appears to be, the employer of a person or persons working in a business carried on in the shop;
officer, in relation to a body corporate, means—
a director, secretary or executive officer of the body corporate; or
any person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act; or
a person concerned in the management of the body corporate; or
in relation to the commission by the body corporate of an offence relating to a shop, a person concerned in the management of the shop;
S. 3(1) def. of ordinary shop closing times amended by Nos 1/2003 s. 5, 96/2003 s. 18, 3/2011 s. 3(a).
ordinary shop closing times means—
all times on Good Friday and Christmas Day;
between the hours of 12:01 am and 1:00 pm on ANZAC Day;
S. 3(1) def. of Secretary inserted by No. 112/2003 s. 3(c), amended by Nos 3/2011 s. 3(b), 70/2013 s. 4(Sch. 2 item 46).
Secretary means the Secretary to the Department of State Development, Business and Innovation;
S. 3(1) def. of shop substituted by No. 112/2003 s. 3(b), amended by No. 2/2008 s. 27(1).
shop means the whole or any part of a building, structure or place or any vehicle—
that is used wholly or predominantly for the retail sale of goods; and
in or at which goods are sold or exposed or offered for sale by retail on one or more occasions.
S. 3(1) def. of special local shop closing times repealed by No. 2/2008 s. 27(2).
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S. 3(2) repealed by No. 2/2008 s. 27(3).
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S. 4 amended by Nos 44/2001 s. 3 (Sch. item 102), 5/2003 s. 3(1)(2), substituted by No. 112/2003 s. 4.
A shop is an exempt shop if the predominant business carried on in the shop is that of—
a chemist shop; or
a petrol shop; or
an eating-house, restaurant, cafe or any other shop that sells cooked or prepared meals that are ready to eat on the premises or to be consumed off the premises; or
a prescribed kind.
A shop is also an exempt shop at a particular time if—
the number of persons employed and working in a business carried on in the shop at that time does not exceed 20; and
at any time within the period of 7 days before that time, the number of persons employed by the occupier of the shop and working in any business carried on in shops of any kind in Victoria does not exceed 100.
The number of persons employed for the purposes of subsection (2)(b)—
if the occupier of the shop is a body corporate, is to include the persons—
employed in shops of any kind in Victoria by a body corporate that is, by reason of the Corporations Act, related to that body corporate; and
working in any business carried on in those shops;
is to be calculated by dividing the total number of the hours worked by all persons employed and working in the business carried on in those shops during the relevant period by 38.
All shops, except exempt shops, must be closed and kept closed during ordinary shop closing times.
The occupier of a shop, other than an exempt shop, must not fail to close the shop and keep it closed during ordinary shop closing times.
- 100 penalty units.
The occupier of a shop other than an exempt shop, or an employee of that occupier, must not publish a statement or indication that at any time during ordinary shop closing times—
the shop will be open for the sale of goods by retail; or
a person will be in the shop and will sell goods there and receive orders for goods by any means; or
the shop will be open for the inspection of goods in it or the delivery of previously sold or ordered goods.
- 100 penalty units.
Note to s. 5 inserted by No. 13/2013 s. 39.
Note
Section 8A applies to an offence against subsection (2) or (3).
S. 5A inserted by No. 1/2003 s. 6, repealed by No. 3/2011 s. 4.
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S. 6 repealed by No. 2/2008 s. 28.
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Pt 2A (Heading and ss 6A–6G) inserted by No. 112/2003 s. 5.
Part 2A—Enforcement
S. 6A inserted by No. 112/2003 s. 5, amended by No. 108/2004 s. 117(1) (Sch. 3 item 182.1).
The Secretary may, by instrument, appoint as inspectors any employees employed under Part 3 of the Public Administration Act 2004.
S. 6B inserted by No. 112/2003 s. 5 .
The Secretary must issue an identity card to each inspector.
An identity card must contain—
a photograph and the name or identifying number of the inspector to whom it is issued; and
S. 6B(2)(b) substituted by No. 108/2004 s. 117(1) (Sch. 3 item 182.2).
the name of the public service body established under the Public Administration Act 2004 in which the inspector is employed.
S. 6C inserted by No. 112/2003 s. 5 .
An inspector must produce his or her identity card for inspection—
before exercising a power under a Court order made under section 6D other than a requirement made by post; and
at any time during the exercise of a power under a Court order made under section 6D, if asked to do so.
- 10 penalty units.
S. 6D inserted by No. 112/2003 s. 5 .
If an inspector believes, on reasonable grounds, that a person or persons may have contravened this Act, the inspector, with the written approval of the Secretary, may apply to the Magistrates' Court for an order requiring any person at a time and place specified by an inspector—
to answer orally or in writing any questions put by an inspector in relation to the alleged contravention;
to supply orally or in writing information required by an inspector in relation to the alleged contravention;
to produce to an inspector specified documents or documents of a specified class relating to the alleged contravention.
If the Magistrates' Court is satisfied on the basis of evidence presented by the inspector that there are reasonable grounds to believe that a person or persons may have contravened this Act, the Court may grant the order sought.
An order under this section must state a day, not later than 28 days after the making of the order, on which the order ceases to have effect.
If any documents are produced to an inspector under an order made under this section the inspector may—
inspect the documents or authorise a person to inspect the documents;
make copies of or take extracts from the documents;
seize the documents if the inspector considers the documents necessary for the purpose of obtaining evidence for the purpose of any proceedings against any person under this Act;
secure any seized documents against interference;
retain possession of the documents in accordance with this Part.
An inspector who executes an order under this section must as soon as practicable after that execution notify the Magistrates' Court in writing of—
the time and place of execution; and
the documents or classes of documents seized; and
if documents were seized under subsection (4)(c) in respect of a contravention other than a contravention for which the order was granted, the contravention in respect of which the documents were seized.
The Magistrates' Court may direct the inspector to bring before the Court a document to which subsection (5)(c) applies so that the matter may be dealt with according to law.
The Magistrates' Court may direct that a document brought before it under subsection (6) be returned to its owner, subject to any condition the Court thinks fit, if in the opinion of the Court it can be returned consistently with the interests of justice.
S. 6E inserted by No. 112/2003 s. 5 .
An inspector may do either or both of the following—
enter and inspect any part of premises which are, at the time of the entry and inspection, open to the public;
purchase goods at the premises at such a time and at such a price at which they are available to the public to purchase.
S. 6F inserted by No. 112/2003 s. 5 .
It is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do by or under this Part, if the giving of the information or the doing of that other thing would tend to incriminate the person.
Despite subsection (1), it is not a reasonable excuse for a natural person to refuse or fail to produce a document that the person is required to produce by or under this Part, if the production of the document would tend to incriminate the person.
S. 6G inserted by No. 112/2003 s. 5 .
An inspector must not, except to the extent necessary to carry out the inspector's functions under this Part, give to any other person, whether directly or indirectly, any information acquired by the inspector in carrying out those functions.
- 60 penalty units.
Subsection (1) does not apply to the giving of information—
to a court or tribunal in the course of legal proceedings; or
pursuant to an order of a court or tribunal; or
to the extent reasonably required to enable the investigation or the enforcement of a law of this State or of any other State or Territory or of the Commonwealth; or
with the written authority of the Secretary; or
with the written authority of the person to whom the information relates.