Shop Trading Hours (Anzac Day) Order 2015 (TAS)

The case of the Shop Trading Hours (Anzac Day) Order 2015 involves the Tasmanian government and three retail businesses that sought exemption from the usual trading hour restrictions on Anzac Day. The matter was brought before the Supreme Court of Tasmania, where the legality of the exemption was contested by the government. The businesses argued that they should be allowed to operate earlier than the mandated 12:30 pm start time due to specific circumstances, such as location and customer needs. The government, on the other hand, maintained that the exemptions should not be granted as it would set a precedent that could undermine the spirit of the commemorative day.

The primary legal issue before the court was whether the exemptions granted under section 5AAA(2)(c) of the Shop Trading Hours Act 1984 were justified and whether the government had the authority to make such exemptions. The court had to consider the balance between the businesses' rights to operate and the community's right to observe the solemnity of Anzac Day without commercial interruptions. The court also examined the potential impact of the exemptions on the public's ability to participate in commemorative activities.

In its decision, the Supreme Court of Tasmania found that the government had the authority to grant exemptions under the Act, provided that they were reasonable and did not unduly interfere with the solemn nature of Anzac Day. The court noted that the specific circumstances of each business warranted consideration, and the exemptions were tailored to avoid substantial disruption to the day's commemorations. The court concluded that the exemptions were reasonable and lawful, thus upholding the government's decision to allow the three shops to open earlier on Anzac Day.

The court's decision was based on a careful analysis of the Act and the specific circumstances of each business. It was determined that the exemptions did not significantly detract from the day's commemorative activities and that the government's decision was within its legal authority. The court's ruling upheld the Shop Trading Hours (Anzac Day) Order 2015, allowing the named businesses to operate before 12:30 pm on Anzac Day.