Shop Trading Hours Regulations 2003 (SA)

South Australia

Shop Trading Hours Regulations 2003

under the Shop Trading Hours Act 1977

Contents

1Short title

3Interpretation

4Meaning of hardware and building materials

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

6Closing and fastening of yards

7Section 17 licences

Schedule 1—Hardware and building materials

Schedule 2—Hardware and building materials (section 13(5f)(b) of the Act)

Legislative history

1—Short title

These regulations may be cited as the Shop Trading Hours Regulations 2003.

3—Interpretation

In these regulations, unless the contrary intention appears—

Act means the Shop Trading Hours Act 1977.

4—Meaning of hardware and building materials

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.

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

(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.

6—Closing and fastening of yards

(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;

(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.

7—Section 17 licences

(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;

(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 (painting; clothes; scrubbing; other household use)

buckets

cabinet hardware

camping equipment

castors

cement

cement mixers

ceramic tiles

chain

chamois (natural; synthetic)

cleaners (for use in cleaning bowls; tubs; sinks; floors; walls; drains)

clothes hoists

clothes lines

clothes pegs

coal

coke

charcoal

compost

compost bins

dampcourse of plastic or other material

degreasing compounds

doorbells

door closures

doormats

doors

drill bits

dustpans

earth

earthenware pipes and fittings

electric cables

electric cable fasteners

electric switches

fasteners and catches

feed grains

fertilizers

fibrous cement sheet and articles

fibrous plaster board

fillers

fire extinguishers

fire screens

fire tools

firewood

fungicides

galvanised fittings

garages

garbage cans

garbage caddies

garbage disposal units

garden edging

garden loam

garden plastic

garden pots

garden pot supports

garden sand

garden stakes

garden furniture

garden furniture replacement covers

gas bottles

gas fittings

gas for household use

gas for industrial use

gas (liquefied petroleum gas)

gas cylinders (for liquefied petroleum gas)

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

laundry carts

laundry troughs

lawn edgers

lawn edging

lawn (instant)

lawn mowers

lawn shears

lawnmower blades

lawnmower gaskets

lawnmower spark plugs

lawnmower spare parts

letter boxes

locks

markers

measuring tapes

mechanics' creepers

metal cleaners

metal fasteners

metal fittings

metal numerals

metal polish

metal roof decking

metal sheeting

metal—other metal products

mineral turpentine

mops

moss rocks

mulch (bark; scoria; any other mulch)

nails

nuts

outdoor cooking equipment

outdoor furniture

paint

paint rollers

paving slabs

peg holders

pencils

pens

pesticides

picture frame kits

pine bark

pine logs

pine mulch

pipes (water; sewage)

plants

plaster board

plastic (agricultural; decorative sheets; garden; wood)

plumbers fittings

potting mix

power points

power plugs

power tools

power tool attachments

power tool spare parts

pram wheels

proprietary veterinary medicines

pulleys

pumps (non-automotive)

railway sleepers

rain gauges

ridge capping

roof flashing

roofing material

roofing tiles

roller shutters

rope and cordage

roses (ceiling; electrical; shower)

sack trucks

safety equipment for personal use (eg boots and shoes)

sand

sanitary ware

sauna equipment

sauna huts

saw blades

screening wire

screws

seeds

seedlings

shadecloth

sheds (garden; tool)

shelving constructed of metal

shelving constructed of plastic

shelving constructed of timber

shower screens

shrubs

signs for door

signs for gate

signs for house

sinks (kitchen; laundry)

skylights

sleeping bags

solid fuel stoves

solvents

spa baths

spa pools

spa tubs

stains

staples (electrical; wire)

stock foods

stone

swimming pool chemicals

swimming pool cleaning equipment

swimming pool 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

welding gases

welding rods

wheel barrows

wheels (non-automotive)

winches and pulleys

windows

window screens

wire

wire netting

work benches

Schedule 2—Hardware and building materials (section 13(5f)(b) of the Act)

air fresheners

alarms (burglar; fire; household)

antennae (radio; television)

appliance covers

bags (garbage; tidy)

baking pans

ballers

bathroom scales

batteries (dry cell)

battery chargers (for dry cell batteries)

beaters

beverage sets

bicycle spare parts and accessories

biscuit cutters

blenders

bread boxes

broilers (electric; pans)

cake covers

cake decorating equipment

cake pans

canners

card tables

carpet shampooers

carpet sweepers

casseroles

cassette and other tapes (audio and video) (blank; pre-recorded)

choppers

cleavers

clothes driers

clothes horses

clothes racks

coffee grinders

coffee makers

coffee percolators

coffee pots

cookware parts

cooling racks

corn poppers

crispers

crockery

curtain accessories

curtain fittings

cutlery

cutting boards and blocks

deep fryers

dehumidifiers

deodorisers (non-personal)

dinnerware

dippers

dish mops

disinfectants

dispensers

dusters

dutch ovens

electrical appliances as follows:

•electric blankets

•blenders

•carving knives

•fans

•food choppers

•food warmers

•insect destructors

•irons

•jugs

•massagers

•mixers

•shavers

•other minor appliances

fabric cleaners

fabric 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

hair curlers

hairdriers

hamburger presses

hotplates

hot and cold surface protectors

household funnels

household measurers

household scales and balances

household shears

household silverware

household sponges

household waste tidies

icecream makers

ice crushers

ironing boards

juice extractors

kettles

kitchen canisters

kitchen scales

kitchen 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

sandwich boxes

sandwich toasters

saucepans

scissors

scoops

scouring pads

scrapers

servers

shelf and drawer liners

shoe repair materials

skillets

slicers

solid fuel

spice jars

spice 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

vitamisers

waffle irons

wash boards

waste bags

waste baskets

water filter cartridges

water filter papers

whippers

wringers

Legislative history

Notes

•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

•Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.

•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations

The Shop Trading Hours Regulations 2003 were revoked by Sch 3 of the Shop Trading Hours Regulations 2018 on 1.9.2018.

Principal regulations and variations

Year	No	Reference	Commencement
2003	39	Gazette 17.4.2003 p1768	17.4.2003: r 2
2005	185	Gazette 25.8.2005 p3124	25.8.2005: r 2
2007	216	Gazette 23.8.2007 p3429	31.8.2007: r 2

Provisions varied

Entries that relate to provisions that have been deleted appear in italics.

Provision	How varied	Commencement
r 2	omitted under the Legislation Revision and Publication Act 2002	25.8.2005
r 8	varied by 185/2005 r 4	25.8.2005
deleted by 216/2007 r 4	31.8.2007

Historical versions

25.8.2005