Shop Trading Hours Regulations 1992 (SA)

SOUTH AUSTRALIA

SHOP TRADING HOURS REGULATIONS 1992

SUMMARY OF PROVISIONS

1.           Citation

2.           Commencement

3.           Revocation

4.           Interpretation

5.           Meaning of "hardware and building materials"

6.           Section 13(5f)(b)—Prescribed hardware and building materials and prescribed percentage

7.           Closing and fastening of yards

8.           Section 17 licences

SCHEDULE 1

Hardware and Building Materials

SCHEDULE 2

APPENDIX

LEGISLATIVE HISTORY

REGULATIONS UNDER THE SHOP TRADING HOURS ACT 1977

Shop Trading Hours Regulations 1992

being

No. 257 of 1991: Gaz. 19 December 1991, p. 19551

as varied by

No. 264 of 1999: Gaz. 16 December 1999, p. 35022

1 Came into operation 1 January 1992, reg. 2.

2 Came into operation 16 December 1999: reg. 2.

Citation

1. These regulations may be cited as the Shop Trading Hours Regulations 1992.

Commencement

2. These regulations will come into operation on 1 January 1992.

Revocation

3. The Shop Trading Hours Regulations 1977 are revoked.

Interpretation

4. In these regulations, unless the contrary intention appears—

"the Act" means the Shop Trading Hours Act 1977.

Meaning of "hardware and building materials"

5. The term "hardware and building materials" when used in the Act means goods of a

class set out in schedule 1 or 2 or goods of a similar class.

Section 13(5f)(b)—Prescribed hardware and building materials and prescribed percentage

6. (1) The hardware and building materials set out in Schedule 2 are prescribed for the

purposes of section 13(5f)(b) of the Act.

(2) The percentage of the aggregate price of all hardware and building materials sold at a

shop for the purposes of section 13(5f)(b) of the Act is 20 per cent.

Closing and fastening of yards

7. (1) Where a yard comprises the whole or part of a shop the boundaries of the yard must be closed and fastened against the admission of the public by a fence that meets the following requirements:

(a)	the fence must form a barrier that is impossible or difficult for a person to cross and in the case of a fence comprising a chain or rail supported at each end, no part of the chain or rail may be less than 800 millimetres nor more than 1 000 millimetres from the ground;
(b)	a gate or door comprising part of the fence must be securely locked;
and
(c)	all parts of the fence that are designed to be removed must be securely locked in place.

(2) In this regulation—

"fence" includes a wall or any other barrier.

Section 17 licences

8. (1) An application for a licence under section 17 of the Act must be in writing and must

state—

(a)	the address of the shop to which the application relates;
and
(b)	the name and address of the applicant.

(2) A licence granted under section 17 of the Act is subject to the following limitations,

restrictions and conditions:

(a)	the shopkeeper must ensure that the business of the shop is predominantly the retail sale of motor spirit and lubricants;
(b)	the aggregate price of goods (not being motor spirit, lubricants, spare parts and accessories for motor vehicles or foodstuffs or drinks) sold at the shop during any period of seven consecutive trading days must not exceed 20 per cent of the aggregate price of motor spirit, lubricants and spare parts and accessories for motor vehicles sold at the shop during that period;
and
(c)	the shopkeeper must at the request of an inspector produce the licence to the Inspector for examination.

SCHEDULE 1

Hardware and Building Materials

abrasives adhesives air compressors

animal fodder

annexes—caravan;

tent.

asbestos cement sheet and articles

ashtrays

automotive polishes and waxes

aviaries

awnings

bathroom and toilet fittings

baths

batten holders

bedpans

birdfood

bituminised paper

bolts

books of the "do-it-yourself" category

brackets

bricks

brooms

brushes for—painting;

clothes;

scrubbing and other household use.

buckets

cabinet hardware

camping equipment

castors

cement

cement mixers

ceramic tiles

chain

chamois (natural or synthetic)

cleaners for use in cleaning—bowls, tubs or sinks;

floors and walls;

drains.

clothes—hoists;

lines;

pegs.

coal coke charcoal

compost

compost bins

dampcourse of plastic or other material

degreasing compounds

door—bells;

closures;

mats.

doors

drill bits

dustpans

earth

earthenware pipes and fittings

electric—cables;

cable fasteners;

switches.

fasteners and catches

feed grains

fertilizers

fibrous cement sheet and articles

fibrous plaster board

fillers

fire—extinguishers;

screens;

tools;

wood.

fungicides

galvanised fittings

garages

garbage—cans;

caddies;

disposal units.

garden—edging;

loam;

plastic;

pots;

pot supports;

sand;

stakes.

garden furniture

garden furniture replacement covers

gas—bottles;

fittings;

for use as household fuel;

for industrial use;

liquefied petroleum gas;

liquefied petroleum gas cylinders.

gates glass gloves—garden;

industrial;

rubber.

gravel and screenings

ground sheets

grout

gully traps

gutter mesh

guttering and down pipe

gypsum board

hand tools

handles

heaters

hinges

hoses and fittings

hot water services

incinerators

insulating materials

insulation tape

kerosene

keys

labels—letters;

numerals.

lacquers ladders laundry—baskets;

carts;

troughs.

lawn—edgers; edging; "instant";

mowers;

shears.

lawnmower—blades;

gaskets;

spark plugs;

spare parts.

letter boxes

locks

markers

measuring tapes

mechanics’ creepers

metal—cleaners;

fasteners;

fittings;

numerals;

polish;

roof decking;

sheeting;

other metal products.

mineral turpentine

mops

moss rocks

mulch—bark;

scoria; other.

nails nuts outdoor—cooking equipment;

furniture.

paint

paint rollers

paving slabs

peg holders

pencils

pens

pesticides

picture-frame kits

pine—bark;

logs;

mulch.

pipes—water;

sewage.

plants

plaster board

plastic—agricultural;

decorative sheets;

garden;

wood.

plumbers fittings

potting mix

power—points;

plugs; tools; tool attachments;

tool spare parts.

pram wheels

proprietary veterinary medicines

pulleys

pumps—non-automotive

railway sleepers

rain gauges

ridge capping

roof flashing

roofing—material;

tiles. roller shutters rope and cordage

roses—ceiling;

electrical;

shower.

sack trucks

safety equipment for personal use (including boots and shoes)

sand

sanitary ware

sauna—equipment;

huts.

saw blades

screening wire

screws

seeds

seedlings

shadecloth

sheds—garden;

tool.

shelving constructed of—metal;

plastic; timber.

shower screens

shrubs

signs for—door;

gate;

house.

sinks—kitchen;

laundry.

skylights

sleeping bags

solid fuel stoves

solvents

spa—baths;

pools;

tubs.

stains

staples—electrical;

wire.

stock foods

stone

swimming pool—chemicals;

cleaning equipment;

pumps and other accessories.

swimming pools

taps

tents

thinners

tiles—ceiling;

floor;

roofing;

wall.

timber

timber board

trees

trellises

troughs—laundry

tubs

twine

vacuum cleaner spare parts

varnishes

vents—roof;

snap; wall.

vices—engineering;

carpentry;

pipe.

wall and ceiling board

wall paper and substitutes

washers—fixing;

tap.

waste compactors

water—piping;

softeners.

wax applicators

weedicides

welders—electric;

gas.

welding—electrodes;

gases; rods.

wheel barrows

wheels—non-automotive

winches and pulleys

windows

window screens

wire

wire netting

work benches.

SCHEDULE 2

air fresheners

alarms—burglar;

fire;

household.

antennae—radio;

television.

appliance covers bags—garbage;

tidy. baking pans ballers

bathroom scales

batteries—chargers (dry cell);

dry cell.

beaters

beverage sets

bicycle spare parts and accessories

biscuit cutters

blenders

bread boxes

broilers—electric;

pans.

cake—covers;

decorating equipment;

pans.

canners

card tables

carpet—shampooers;

sweepers.

casseroles

cassette and other tapes (audio and video)—blank;

pre-recorded.

choppers cleavers clothes—driers;

horses; racks.

coffee—grinders; makers; percolators;

pots.

cookware parts

cooling racks

corn poppers

crispers

crockery

curtain—accessories;

fittings.

cutlery

cutting boards and blocks

deep fryers

dehumidifiers

deodorisers (non-personal)

dinnerware

dippers

dish mops

disinfectants

dispensers

dusters

dutch ovens

electric—blankets;

blenders;

carving knives;

fans;

food choppers;

food warmers;

insect destructors;

irons;

jugs;

massagers;

mixers;

shavers and other minor appliances.

fabric—cleaners;

conditioners.

food and drink containers for cooling or storage

forks

frying pans

furniture polish

garbage can liners

gelatine moulds

glass cleaners

glassware

globes—lights;

torches.

griddles

hair—clippers;

curlers; driers.

hamburger presses

hot-plates

hot and cold surface protectors

household—funnels;

measurers;

scales and balances;

shears;

silverware;

sponges;

waste tidies.

icecream makers

ice crushers

ironing boards

juice extractors

kettles

kitchen—canisters;

scales;

utensils.

kneeling pads

knife sharpeners

knives

ladles

light fittings

meat slicers

mirrors

mixing bowls

openers—bottle;

can.

oven mitts

paper towels

parers and peelers

pastry cloths

personal grooming aids

photographic parts and components

pitchers

pitters

pot holders

pots

preserving equipment

pressure cookers

radio parts and components

range hoods

records

refrigerator sets

roasters and roasting pans

rolling pins

salt—"High Grade Water Softener"

salt and pepper shakers

sandwich—bags;

boxes;

toasters.

saucepans

scissors

scoops

scouring pads

scrapers

servers

shelf and drawer liners

shoe repair materials

skillets

slicers

solid fuel

spice—jars;

racks.

spatulas and turners

spoons

squeegees

stair tread

strainers

string

tape players

teapots

television parts and components

toasters

toaster ovens

tongs

torches

tumblers

vacuum flasks

vitimizers

waffle irons

wash boards

waste bags

waste baskets

water filter—cartridges;

papers.

whippers wringers.

APPENDIX

LEGISLATIVE HISTORY

Regulation 6: substituted by 264, 1999, reg. 3