Shop Trading Hours Amendment Act 2002 (TAS)

Shop Trading Hours Amendment Act 2002

An Act to amend the Shop Trading Hours Act 1984

[Royal Assent 3 May 2002]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Shop Trading Hours Amendment Act 2002 . 2Commencement (1)  This Act, other than sections 3, 6 and 9 , commences on 1 December 2002. (2)  Sections 3, 6 and 9 commence on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Shop Trading Hours Act 1984 is referred to as the Principal Act. 4Section 3 amended (Interpretation) (1)  Section 3 of the Principal Act is amended as follows: (a) by omitting the definition of "cup part holiday" from subsection (1); (b) by omitting the definition of "general holiday" from subsection (1); (c) by omitting the definition of "local holiday" from subsection (1); (d) by omitting subsection (3). (2)  Section 3 of the Principal Act is further amended as follows: (a) by omitting "carried on." from the definition of "shop" and substituting "carried on;"; (b) by inserting the following definition after the definition of "shop": statutory holiday has the same meaning as in the Statutory Holidays Act 2000 . 5Sections 5 , 5A and 5B substituted Sections 5 , 5A and 5B of the Principal Act are repealed and the following section is substituted: 5Certain shops prohibited from opening on certain occasions (1)  Subject to the provisions of this Act, a shop to which this section applies must not be kept open at any time – (a) on Christmas Day; or (b) on Good Friday; or (c) before noon on Anzac Day. (2)  For the purposes of subsection (1) , a shop is taken to be kept open if – (a) it is not locked or otherwise closed against admission to the public; or (b) any person in the shop is engaged in the sale of goods, canvassing for orders or delivering goods to customers. (3)  Despite subsection (2) , if a shop has a common entrance with a factory or warehouse, the shop is not taken to be kept open if the entrance is closed but not locked. (4)  The occupier of a shop to which this section applies that is kept open in contravention of subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding 200 penalty units. (5)  If an occupier that is a body corporate is guilty of an offence under subsection (4) , each person who is a director of the body corporate or who is concerned in the management of the body corporate is guilty of an offence and liable on summary conviction to a fine not exceeding 200 penalty units if that person knowingly authorised or permitted the offence by the body corporate. (6)  A person may be proceeded against and convicted under subsection (5) whether or not the body corporate has been proceeded against for, or convicted of, an offence under subsection (4) . 6Section 5AA insertedAfter section 5 of the Principal Act the following section is inserted: 5AACertain shops prohibited from opening on Sundays (1)  In this section, prescribed shop means – (a) a particular shop to which section 5 applies; and (b) all shops to which section 5 applies; and (c) a shop of a class of shop to which section 5 applies. (2)  If the prescribed conditions have been met, the Minister, by notice published in the Gazette, is to declare that one or more prescribed shops specified in the declaration and situated in a municipality must not be kept open on any Sunday or statutory holiday observed in that municipality or all Sundays or all statutory holidays observed in that municipality – (a) at all times; or (b) between the hours specified in the declaration. (3)  For the purposes of subsection (2) , the prescribed conditions have been met if – (a) a majority of councillors, within the meaning of the Local Government Act 1993 , at a meeting of the council of the municipality have resolved to request the Chief Electoral Officer to hold a poll of the persons entitled to vote at an election or by-election in the municipality under Part 15 of that Act on the proposal set out in the request, being a precise statement of which Sundays and statutory holidays observed in the municipality, and at what times, one or more prescribed shops specified in the proposal and situated in the municipality must be kept closed; and (b) of those persons who lodged a formal vote in that poll, more than 50% voted in favour of that proposal. (4)  A declaration under subsection (2) is to be in substantially the same terms as the proposal referred to in subsection (3)(a). (5)  For the purposes of subsection (2), a shop is taken to be kept open if – (a) it is not locked or otherwise closed against admission to the public; or (b) any person in the shop is engaged in the sale of goods, canvassing for orders or delivering goods to customers. (6)  Despite subsection (5), if a shop has a common entrance with a factory or warehouse, the shop is not taken to be kept open if the entrance is closed but not locked. (7)  The occupier of a shop that is kept open in contravention of a declaration under subsection (2) is guilty of an offence and liable on summary conviction to a fine not exceeding 200 penalty units. (8)  If an occupier that is a body corporate is guilty of an offence under subsection (7), each person who is a director of the body corporate or who is concerned in the management of the body corporate is guilty of an offence and liable on summary conviction to a fine not exceeding 200 penalty units if that person knowingly authorised or permitted the offence by the body corporate. (9)  A person may be proceeded against and convicted under subsection (8) whether or not the body corporate has been proceeded against for, or convicted of, an offence under subsection (7). (10)  A poll referred to in subsection (3) is to be conducted, and the result determined, by the Chief Electoral Officer – (a) at a time determined by the Chief Electoral Officer, but not later than 9 months after receiving the request referred to in subsection (3)(a); and (b) in accordance with guidelines determined by the Chief Electoral Officer. (11)  The costs of a poll referred to in subsection (3) are to be met by the Chief Electoral Officer. (12)  For the purposes of subsection (11), if a poll is held in a municipality in conjunction with an election or by-election of councillors in the municipality, the costs of the poll are those costs incurred in respect of the poll that are additional to the costs incurred in the conduct of the election or by-election. (13)  A request may not be made under subsection (3)(a) in respect of a municipality within 2 years after a poll referred to in subsection (3) has been held in that municipality. (14)  A notice under subsection (2) is not a statutory rule within the meaning of the Rules Publication Act 1953 . (15)  For the purposes of this section – (a) the Chief Electoral Officer may determine guidelines relating to the conduct of a poll referred to in subsection (3); and (b) those guidelines may prescribe a matter by reference to any Act or any other document. 7Sections 8 and 8A substituted Sections 8 and 8A of the Principal Act are repealed and the following section is substituted: 8Person not to be required to work contrary to an award or industrial agreement (1)  A person, whether an employer or not, must not require or attempt to persuade another person to work as an employee in a shop contrary to an award or industrial agreement that is applicable to that other person.

Penalty:  Fine not exceeding 200 penalty units.

(2)  A person, whether an employer or not, must not require a prescribed person to work as an employee in a shop to which section 5 applies – (a) on a statutory holiday which is observed in the locality in which the shop is situated; or (b) on a Sunday – unless the employee agrees, in writing, to work on that statutory holiday or Sunday.

Penalty:  Fine not exceeding 200 penalty units.

(3)  In subsection (2) , prescribed person means a person employed, at the commencement of this section, as an employee in the shop referred to in that subsection. (4)  If a body corporate contravenes this section, each person who is a director of the body corporate or who is concerned in the management of the body corporate is taken to have contravened this section if the person knowingly authorised or permitted the contravention. (5)  A person may be proceeded against and convicted under this section in accordance with subsection (4) whether or not the body corporate has been proceeded against or convicted. 8Section 10 amended (Provisions in certain agreements unenforceable, &c.) Section 10 of the Principal Act is amended as follows: (a) by omitting from subsection (2) "between, or for any period of time between, noon and 6 p.m. on a Saturday" and substituting "for any period of time, other than a period between the hours of 8 a.m. and 6 p.m. on any Monday, Tuesday, Wednesday, Thursday, Friday or Saturday"; (b) by omitting from subsection (4) "between, or for any period of time between, noon and 6 p.m. on a Saturday," and substituting "for any period of time, other than a period between the hours of 8 a.m. and 6 p.m. on any Monday, Tuesday, Wednesday, Thursday, Friday or Saturday,"; (c) by omitting from subsection (5) "between, or for any period of time between, noon and 6 p.m. on a Saturday" and substituting "for any period of time, other than a period between the hours of 8 a.m. and 6 p.m. on any Monday, Tuesday, Wednesday, Thursday, Friday or Saturday"; (d) by omitting subsection (8) . 9Section 11 insertedAfter section 10 of the Principal Act , the following section is inserted: 11Regulations (1)  The Governor may make regulations for the purposes of this Act. (2)  Without limiting subsection (1), regulations under that subsection may provide for matters for or in respect of the holding of polls under section 5AA. 10Schedule 1 repealed Schedule 1 to the Principal Act is repealed.

[Second reading presentation speech made in:

House of Assembly on 14 MARCH 2002

Legislative Council on 27 MARCH 2002]