Retail Trading Hours Amendment Act 2016 (WA)

Western Australia

Retail Trading Hours Amendment Act 2016

Western Australia

Retail Trading Hours Amendment Act 2016 Contents

Western Australia

Retail Trading Hours Amendment Act 2016

Retail Trading Hours Amendment Act 2016

No. 35 of 2016

An Act to amend the Retail Trading Hours Act 1987 and, as a consequence, to repeal certain regulations and orders made under that Act.

[Assented to 16 November 2016]

The Parliament of Western Australia enacts as follows:

Part 1 – Preliminary1.Short title

This is the Retail Trading Hours Amendment Act 2016.

2.Commencement

This Act comes into operation as follows —

• (a)

  Part 1 — on the day on which this Act receives the Royal Assent;

• (b)

  the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

Part 2 – Retail Trading Hours Act 1987 amended3.Act amended

This Part amends the Retail Trading Hours Act 1987.

4.Section 4 amended

• (1)

  After section 4(1) insert:

   
• (2A)

  Despite subsection (1), this Act does not apply to Rottnest Island.

   
• (2)

  In section 4(3):

  • (a)

    delete “is used as —” and insert:

     

  is —

   
  • (b)

    in paragraph (d) delete “and is”;

  • (c)

    in paragraph (d) delete “running.” and insert:

     

  running; or

   
  • (d)

    after paragraph (d) insert:

     
  • (e)

    a retail shop located in a short‑term market.

     
• (3)

  After section 4(3) insert:

   
• (4A)

  For the purposes of subsection (3)(e) a retail shop is located in a short‑term market if —

  • (a)

    it is one of a group of retail shops that are placed at a particular location on a particular day and removed from that location before midnight on that day; and

  • (b)

    some or all of the retail shops in the group are operated by different persons; and

  • (c)

    none of the shops in the group is a motor vehicle shop.

     
  5.Section 5 amended

In section 5(2) delete “or 14B(4)”.

6.Section 12 amended

• (1)

  Delete section 12(2) and insert:

   
• (2)

  Subsection (1) does not apply to a motor vehicle shop.

   
• (2)

  Delete section 12(4) and insert:

   
• (4)

  Subsection (3) does not apply to a motor vehicle shop.

   

7.Section 12A deleted

Delete section 12A.

8.Section 14A amended

In section 14A(1):

• (a)

  in paragraph (b) delete “paragraph; or” and insert:

   

paragraph.

 

• (b)

  delete paragraphs (c) and (d).

9.Sections 14B and 14C deleted

Delete sections 14B and 14C.

10.Section 15 amended

In section 15(1)(e)(iii) delete “in, or prescribed for the purposes of, a relevant paragraph of section 14A(1).” and insert:

in section 14A(1)(a) or prescribed for the purposes of section 14A(1)(b).

11.Section 25 amended

Delete section 25(2) and insert:

• (2)

  A person commits an offence if the person operates a retail shop that is certified to be a small retail shop under section 10(3)(c) and is not owned and operated in accordance with section 10(3)(a), (b), (ba), (bb), (bc), (bd) and (be).

   

Part 3 – Subsidiary legislation repealed12.Regulations repealed

The Retail Trading Hours (Holiday Resorts) Regulations 2012 are repealed.

13.Orders repealed

These orders are repealed:

• (a)

  the Retail Trading Hours (Rottnest Island Holiday Resort) Order 2007;

• (b)

  the Retail Trading Hours (Rockingham Holiday Resort) Order 2012;

• (c)

  the Retail Trading Hours (Wanneroo Holiday Resort) Order 2012.