Early Closing Act 1900 (SA)

,4NNO SEXAGESIMO TERTIO ET SEXAGESIMO

QUARTO

No. 749.

An Act in Aid of Early Closing.

[Assented to, December 5th, r900.1

4nacted by the Governor, with the advice and consent of

BE the Parliament of South Australia, as follows: it E

1. This Act may be cited as the " Early Closing Act, 1900," and Short title.

shall come into force on a day to be fixed by proclamation.

2. In this Act the following terms have the following meaning^, Intewwtation.

that is to say:

Shop " means any portion or the whole of any building, stall, tent, vehicle, or pack in which goods are offered or exposed for sale by retail:

" Shopkeeper " means any occupier, directly or indirectly, as

principal of any shop, or any licensed hawker:

'' Exempted goods" means goods dealt in by and strictly per- taining to the classes of shops and trades included in the First Schedule and declared by regulation to be exempted goods:

" Minister " means the Minister of Industry:

Proclamation " means Proclamation by the Governor published in the Government Gazette, and in two newspapers circulating in the district:

" Closing time " means closing time fixed or appointed pursuant

to this Act.

748 3, Where

2 63' & 64' VICTORIE, No. 749.

Barly Closing Act-1900.

.

Hour. 3, Where any hour by the clock is mentioned in this Act it

means in the afternoon or evening.

Parts. 4, This Act is divided into Parts, as follows :-

PART I. The Metropolitan Shopping District:

PART 11. Country Shopping Districts:

PART	111. Closing of shops:
PART	r v. Miscellaneous.

NOR-application. 5, This Act shall not apply to the classes of shops mentioned

irr. the First Schedule.

PART I. PART I.

THE METROPOLITAN SHOPPING DISTRICT.

Metropolitan 6,

The electmal districts of North Adelaide, East Adelaide, West Adelaide, East Torrens, West Torrens, Sturt, and Port Adelaide are hereby constituted the Metropolitan 'shopping Ilistrict.

Shopping District.

Closing times. 7. (1) The closing times for all shops within the Metropolitan

Shopping Llistrict shdll be in every week as follows :-

On Monday and Tuesday, six o'clock:

On Wednesday, one o'clock or six o'clock, whichever of these times is chosen by the shopkeeper in pursuance of this Act:

On Thursday, six o'clock:

On Friday-

( a ) Six o'clock, whew the closing time on the preceding Wed-

nesday was one o'clock:

(6) Nine o'clock, where the closing time on the prcccding W e b nesday was six o'clock:

On Saturday-

(a) One o'clock, where the closing time on the preceding Wed-

nesday was six o'clock:

(b ) Nine o'clock, where the closing time on the preceding Wed-

nesday was one o'clock:

Provided that this clause shall not apply to Christmas Eve or in so far as i t fixes the closing time before nine o'clock to the weekday immediately preceding any public holiday, but so that no shop shall remain open for trade aft& six o'clock on more than one day in any

week.

(2) The choice of the shopkeeper as to the closing time on the

Wednesday may be made in respect of any shop occupied by him, and shall be made by sending to the Minister, or to any person

authorised

63° & 64' VICTORIIE, No. 749. 3

Early Closing Act.-1900.

authorised by the Minister in that behalf, a notice in the form pre-	YABT 1,
scribed, and affixing a copy of the notice in .a conspicuous position in his shop: And until he makes such choice in the manner afore- said the shopkeeper shall be deemed to have chosen one o'clock as the closing time for his shop on Wednesday.

When a shopkeeper has made, or is deemed to have made, any

such choice he shall not make another choice until after the expira-

tion of three months from the day when the former choice was made, or is deemed to have been made, and that one month's notice shall he given to the Minister by such shopkeeper of his intention to alter the day of closing at one o'clock.

Any shopkeeper who, having made, or having been deemed to have made, any such choice, fails to keep the copy of the notice affixed as heretofore directed shall be guilty of an offence against this Act.

Any choice made by any shopkeeper shall apply to all shops situate within one hundred yards of any other shop in which he has any proprietary interest and in which the same class of goods is offered for sale.

PART 11.

COUNTRY SHOPPING DISTRICT$.

trict Council, as defined by the memorial mentioned in section 9, Districts. 8. Every Municipal Corporation or town or township in a Dis- Count17 Shopping

outside the Metropolitan Shop ping District, shall constitute a

Country Shopping District.

Q. The majority of shopkeepers resident in any Country Shop- Memorial.

ping District may, by memorial to the Governor in Council, pro-

pose that certain times shall be fixed or altered for the closing of all

shops in the shopping district specified in the memorial: Provided

that the boundaries of such shopping district shall be defined

in the memorial,

10. The Governor may, on a memorial by a majority of Proclamationof

shopkeepers resident in any Municipal Corporation, or town, or ,roBh,ti,,.	shopping districts and
township in a District Council or Country Shopping District, as the
case may be-

I. Declare any such Municipal Corporation, or town, or township

to be a Country Shopping District:

11. Define the boundaries of such district:

111. Fir the closing times for all shops in such district:

IV. Alter the closing times for all shops in Country Shopping

Districts.

11. Eve1y

63' & 64' VICTORIW, No. 749.

Early Closing Act.-1900,

PART 11. If. Every Proclamation under this part of this Act shall take

ER^^'& &ha.	effect from a date to bs therein specified, and shall have effect as if
tim .	the closing times therein fixed had been fixed and enacted by this Act, and no closing time fixed by Proclamation shall be altered until after the expiration of one year from the time when the same was so fixed.

Limitation. 12. No closing time shall be appointed earlier than six o'clock,

except for one half holiday on some work day in each week, when

not earlier than one o'clock may be appointed.

PART 111.

CLOSING OF SHOPS.

Clwing. 13. Every shopkeeper shall, not later than the closing time

fixed or appointed in respect thereof, close his shop by ceasing for the remainder of the dity to sell or offer goods therein, except exempted goods.

Half holiday, 14. All shop assistants employed in any shop mentioned in the

First Schedule shall be allowed a half holiday from one o'clock in the afternoon on fiorne one weekday of every week, except in a

week in which there is a public holiday allowed to such assistants as

a holiday.

Exemption. 15, No shopkeeper shall be liable to any penalty by reason only

of hia serving, within half an hour after closing time, any customer

who a t closing time was in such shop waiting to be served.

Rmponmbility of 16. Where an offence for which the shopkeeper is liable under

managers.	this Act to a fine has in fact been committed by some manager, agent, servant, workman, or other person, such manager, agent,
servant, workman, or other person shall be liable to the same fine as
if he were the shopkeeper.
Ocoupier of shop m y	17. Where a shopkeeper is charged with an offence against offender brought before the Justices at the time appointed for hawing the charge, and if, after the commission of the offence has
lay information	this Act he shall be entitled, upon information duly laid by
a inet actual	him, to have any other p m o n whom he charges as the actual

o $ nder.

been proved, the shopkeeper proves to the satisfaction of the

Justices that he had used due diligrnce to enforce the execution of the Act, and that the said other p&on had committed the offence

in question without his knowledge; consent, or connivance, the said

other person may be summarily convictetl of such offence, and fined accordingly, and the shopkeeper shall, on such conviction and fine,

be exempt from any conviction or fine.

PART

6 3 O & 64' VICTORIW, No. 749.

Ear& Closing Act.--1900.

PART IV.

MISCELLANEOUS.

18. If any shopkeeper or person shall in any particular make Pendties.

default in compliance with any provision of this Act he shall be guilty of an offence against th's Act, and shall be liable to a fine not exceeding Two Pounds, and in case of a second or subsequent conviction not exceeding Five Pounds.

19, The forms contained in the Second Schedule hereto, with Foma.

such modifications as circumstances may require, shall be sufficient

for all purposes.

20, The production of the Government Gazette containing any. Evidence.

thing purporting to be a copy of a Proclamation issued nnder the authority of this Act shall be conclusive evidence of the issue of such Proclamation and of the validity thereof, unless the Minister shall certify to the contrary.

21. Where any person is charged with an offencc against this Procedure courts.

Act such charge shall be heard before a Special Magistrate or two or more Justices who are not shopkeepers or ernploybs in any shop.

22, All fines imposed by this Act shall be recoverable sum- Bummaryprocedura.

marily.

23. Any party aggrieved by a summary conviction under this Appeal.

Act, or dissatisfied with any order dismissing any information under this Act, may appeal therefrom to the nearest Local Court of full jurisdiction; and all appeals shall be conducted in manner pre- scribed by law for the conduct of appeals fiom Courts of summary jurisdiction.

24, The Governor may make regulations for carrying this Act Re&tions.

into effect.

Governor's assent has been given to this Act shall take effect from tions. 25, All regulations made during three months after the Publicationofregula-

the datc of their publication in the Government Gazette, unless otherwise provided in such regulations, and copies of such regula- tions shall be laid before Parliament within fourteen days from the making thereof if Parliament be then in Session, and if not, then within fourteen days after the commencement of the next Session. After the expiration of three months hereto referred to all further regulations made under this Act shall be laid before Parliament for thirty days, and if not disallowed by Parliament within such time may be gazetted and forthwith have effect. In all legal proceedings the production of the Goaernmerr t Gazette containing anv regulations purporting to have been made under this Act shall be prima facie evidence that such regulations have been made.

26, This

63' & 64O VICTORIE, No. 749.

Early Closing Act.-1900.

PABT IT. 26, This Act shall continue in force only until December

thirty-first, one thousand nine hundred and three.

~ ~ r s t i ~ a of A O ~.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

TENNY SON, Governor.

SCHEDULES.

li

63' & 64' VICTORIE, No. 749.

EarZy Closing Act.- 1900.

THE FIRST SCHEDULK.

Chemists and druggists.

Restaurants. eating-houses, and refreshment shops.

Csoked meats and butchers' and bakers' small goods, fish and opter shops.

Fruit, flower, and vegetable shops.

Tobacconists.

Hairdressers.

Confectioners.

News agents and book-stalls at railway stations.

Undertakers.

Public-houses.

Licensed wine shops.

THE SECOND SCHEDULE.

f i r m nf Notice of Choice by Shopkeepr of Closing Time on Wednesday.

To the Minister of Industry-

I (or we) hereby give notice that I (or we) have chosen o'clock in the after-

noon as the closing time for Wedneday at our for my) shop, situate at [number,

if any, a d name of street], in [name of totun], in the Metropolitan Shopping District.

Dated the dav of . 19 .

[Signature of shopkeeper.1

[Signature of zoitness.]

Memorial to the Governor 10 Declare a Country Shopping District and to Fill; Cloeivag

l imes for all Shops in such District.

To His Excellency the Governor-

We, the undersigned, being a majority of shopkeepers in the town of [set out name of town] the boundaries whereof are as follows [set out boundaries], and which said town is situated outside the Metropolitan Shopping District, humbly request your

Excellency- 1. To declare the town of [set out name of town] to be a Country Shopping Dis-	trict.
2. To fix the times hereunder set out as the closing times for all shops in such Country Shopping District.

Closing Times. / l

Day. to which Closing Times are to Apply.

Six o'clock ................................	Monday, Tuesday, Thursday, and Friday.
Nine o'clock ................................	Wednesday.
One o'clock ................................	Saturday.

Dated the day of 19 .

---p-

I

Signature of Bhopkeeper. Address.

Memorial

8 6 3 O & 64° VICTORUE, No. 749.

Early Closing Act.--1 900.

Mmorlul to the Governor to Alter the Closing Times for Shops in a Coufitry

Shopping Di~trict.

To His Excellency the Governor-

W e, the undexsigned, being a majority of shopkeepers in the town of ,

~ u c h town being a Country Shopping District, humbly pray your Excellency-

1. To alter the closing times for shops now in force in the said town, as follows :- -

Cloeing Times now in Force. Days to which Closing Times Apply.

Six o'clock ................................ I Monday, Tuesday, Thu~rday, and Friday.

One o'clock ................................	Wednesday.
Eine o'clock.. ..............................	Saturday.

PXOPOBED TO BE ALTEBED TO-

Closing Times. Days to which Closing Times Apply.

Six o'clock ................................ Monday, Tuesday, Thureduy, and Friday.

One o'clo~k ................................ Saturday.

Ten o'clock., .............................. Wednesday.

Dated the day of 19 .

Signature of Shopkeeper. Addreas.

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Adelaide : Ry authority, C. E. BRIRTOW, Ooveiament Printer, North Terrace.