Shop Trading Reform (Simplification) 2003 (Vic)

Shop Trading Reform (Simplification) Act 2003

ts	Act No. 112/2003
n
e
m	TABLE OF PROVISIONS

u Section Page

c	1.	Purpose	1
o	2.	Commencement	1
D	3.	Definitions	2
ry	4.	New section 4 substituted	2
4. Exempt shops	2
ta	5.	New Part 2A inserted	4
n	PART 2A—ENFORCEMENT	4
e	6A.	Appointment of inspectors	4
m	6B.	Inspector's identity card	4
ia	6C.	Production of identity card	4
rl	6D.	Inspector may seek Court order	5
6E.	Entry of premises open to the public	7
a	6F.	Protection against self-incrimination	7
P	6G.	Confidentiality	7
d	6.	Retail premises leases	8
7.	Consequential amendments—prosecutions and restraining orders	8
n	8.	Regulations prescribing shops to be exempt	9
a	9.	Repeal of spent provisions	9
n	10.	Consequential repeal of Schedule 1	9

o	═══════════════
ti

la	ENDNOTES	10
is
g
e
L
n
a
ri
to
ic
V

i

ts
n
e
m
u

c
o	Victoria
D
ry
ta
n	No. 112 of 2003
e
m
ia
rl	Shop Trading Reform (Simplification)
a	Act 2003†
P

[Assented to 9 December 2003]

d
n
a
n
o

ti	The Parliament of Victoria enacts as follows:
la
is	1. Purpose
g
e	The main purpose of this Act is to amend the
L	Shop Trading Reform Act 1996 to simplify the
n	management and enforcement of shop trading in
a
ri	Victoria.

2. Commencement

to	This Act comes into operation on the day after the
ic	day on which it receives the Royal Assent.
V

Shop Trading Reform (Simplification) Act 2003

s. 3

Act No. 112/2003

3. Definitions

See:	In section 3(1) of the Shop Trading Reform Act
Act No.
ts	38/1996.	1996—
Reprint No. 2

n	as at	(a) for the definition of "exempt shop"
e	1 May 2003.

LawToday:	substitute—
m
u	dpc.vic.	' "exempt shop" means a shop referred to in

c gov.au section 4;';

o	(b) for the definition of "shop" substitute—
D

' "shop" means the whole or any part of a

ry	building, structure or place or any
ta	vehicle—
n	(a) that is used wholly or
e	predominantly for the retail sale of
m	goods; and
ia

rl	(b)	in or at which goods are sold or
a	exposed or offered for sale by
P	retail on one or more occasions;';

d	(c) insert the following definitions—
n	' "inspector" means an inspector appointed
a	under section 6A;
n
o	"Secretary" means the Secretary to the
ti	Department of Innovation, Industry and
la	Regional Development;'.
is	4. New section 4 substituted
g
e	For section 4 of the Shop Trading Reform Act
L	1996 substitute—
n	"4. Exempt shops
a
ri	(1) A shop is an exempt shop if the predominant
to	business carried on in the shop is that of—
ic	(a) a chemist shop; or
V	(b) a petrol shop; or

Shop Trading Reform (Simplification) Act 2003

s. 4

Act No. 112/2003

(c) an eating-house, restaurant, cafe or any other shop that sells cooked or prepared meals that are ready to eat on the

ts	premises or to be consumed off the
n	premises; or
e

(d) a prescribed kind.

m

u	(2) A shop is also an exempt shop at a particular
c	time if—
o
D	(a) the number of persons employed and working in a business carried on in the
ry	shop at that time does not exceed 20;
ta	and
n	(b) at any time within the period of 7 days
e	before that time, the number of persons
m	employed by the occupier of the shop
ia	and working in any business carried on
rl	in shops of any kind in Victoria does
a	not exceed 100.
P

(3) The number of persons employed for the

d

n purposes of sub-section (2)(b)—

a	(a)	if the occupier of the shop is a body
n	corporate, is to include the persons—
o
ti	(i)	employed in shops of any kind in
la	Victoria by a body corporate that
is, by reason of the Corporations
is	Act, related to that body
g	corporate; and
e
L	(ii)	working in any business carried
n	on in those shops;
a

ri (b) is to be calculated by dividing the total

number of the hours worked by all

to	persons employed and working in the
ic	business carried on in those shops
V	during the relevant period by 38.".

Shop Trading Reform (Simplification) Act 2003

s. 5

Act No. 112/2003

5. New Part 2A inserted

After Part 2 of the Shop Trading Reform Act

ts	1996 insert—
n
e	"PART 2A—ENFORCEMENT
m	6A. Appointment of inspectors
u
c	The Secretary may, by instrument, appoint as
o	inspectors any employees employed under
D	Part 3 of the Public Sector Management
ry	and Employment Act 1998.
ta	6B. Inspector's identity card
n	(1) The Secretary must issue an identity card to
e	each inspector.
m	(2) An identity card must contain—
ia

rl	(a)	a photograph and the name or
a	identifying number of the inspector to
P	whom it is issued; and

d	(b) the name of the agency established
n	under the Public Sector Management
a	and Employment Act 1998 in which
n	the inspector is employed.
o
ti	6C. Production of identity card
la	An inspector must produce his or her identity
is	card for inspection—
g	(a) before exercising a power under a
e	Court order made under section 6D
L	other than a requirement made by post;
n	and
a
ri	(b) at any time during the exercise of a
to	power under a Court order made under
ic	section 6D, if asked to do so.
V	Penalty: 10 penalty units.

Shop Trading Reform (Simplification) Act 2003

s. 5

Act No. 112/2003

6D. Inspector may seek Court order

(1) If an inspector believes, on reasonable

ts	grounds, that a person or persons may have
n	contravened this Act, the inspector, with the
e	written approval of the Secretary, may apply
m	to the Magistrates' Court for an order
u	requiring any person at a time and place
c	specified by an inspector—
o	(a) to answer orally or in writing any
D	questions put by an inspector in relation
ry	to the alleged contravention;

ta	(b)	to supply orally or in writing
n	information required by an inspector in
e	relation to the alleged contravention;

m	(c) to produce to an inspector specified
ia	documents or documents of a specified
rl	class relating to the alleged
a	contravention.
P

(2) If the Magistrates' Court is satisfied on the

d

n	basis of evidence presented by the inspector
a	that there are reasonable grounds to believe that a person or persons may have
n
o	contravened this Act, the Court may grant
ti	the order sought.
la	(3) An order under this section must state a day,
is	not later than 28 days after the making of the
g	order, on which the order ceases to have
e	effect.
L	(4) If any documents are produced to an
n	inspector under an order made under this
a
ri	section the inspector may—

to	(a)	inspect the documents or authorise a
ic	person to inspect the documents;

V (b) make copies of or take extracts from

the documents;
Shop Trading Reform (Simplification) Act 2003

s. 5

Act No. 112/2003

(c)

seize the documents if the inspector the purpose of obtaining evidence for

ts	the purpose of any proceedings against
n	any person under this Act;
e

(d) secure any seized documents against

m

u	interference;
c	(e) retain possession of the documents in
o	accordance with this Part.
D

(5) An inspector who executes an order under

ry	this section must as soon as practicable after
ta	that execution notify the Magistrates' Court
n	in writing of—
e	(a) the time and place of execution; and
m
ia	(b) the documents or classes of documents
rl	seized; and
a	(c) if documents were seized under sub-
P	section (4)(c) in respect of a
d	contravention other than a
n	contravention for which the order was
a	granted, the contravention in respect of
n	which the documents were seized.
o
ti	(6) The Magistrates' Court may direct the
la	inspector to bring before the Court a
document to which sub-section (5)(c) applies
is	so that the matter may be dealt with
g	according to law.
e
L	(7) The Magistrates' Court may direct that a
n	document brought before it under sub-
a	section (6) be returned to its owner, subject
ri	to any condition the Court thinks fit, if in the
to	opinion of the Court it can be returned
ic	consistently with the interests of justice.
V

Shop Trading Reform (Simplification) Act 2003

s. 5

Act No. 112/2003

6E. Entry of premises open to the public

An inspector may do either or both of the

ts	following—
n	(a) enter and inspect any part of premises
e	which are, at the time of the entry and
m	inspection, open to the public;
u
c	(b) purchase goods at the premises at such
o	a time and at such a price at which they
D	are available to the public to purchase.
ry	6F. Protection against self-incrimination
ta	(1) It is a reasonable excuse for a natural person
n	to refuse or fail to give information or do any
e	other thing that the person is required to do
m	by or under this Part, if the giving of the
ia	information or the doing of that other thing
rl	would tend to incriminate the person.
a	(2) Despite sub-section (1), it is not a reasonable
P	excuse for a natural person to refuse or fail to
d	produce a document that the person is
n	required to produce by or under this Part, if
a	the production of the document would tend
n	to incriminate the person.
o
ti	6G. Confidentiality
la	(1) An inspector must not, except to the extent
is	necessary to carry out the inspector's
g	functions under this Part, give to any other
e	person, whether directly or indirectly, any
L	information acquired by the inspector in
n	carrying out those functions.
a
ri	Penalty: 60 penalty units.
to	(2) Sub-section (1) does not apply to the giving
ic	of information—

(a) to a court or tribunal in the course of

V

legal proceedings; or

Shop Trading Reform (Simplification) Act 2003

s. 6

Act No. 112/2003

(b) pursuant to an order of a court or tribunal; or

ts	(c)	to the extent reasonably required to
n	enable the investigation or the
e	enforcement of a law of this State or of
m	any other State or Territory or of the
u	Commonwealth; or

c	(d) with the written authority of the
o	Secretary; or
D

(e) with the written authority of the person

ry	to whom the information relates.".
ta	6. Retail premises leases
n
e	In section 7(1) and (2) of the Shop Trading
m	Reform Act 1996—
ia	(a) for "a shop" substitute "retail premises
rl	within the meaning of the Retail Leases Act
a	2003";
P

(b) for "the shop to" substitute "the premises

d	to";
n

a	(c)	for "the shop is" substitute "the premises
n	are".
o

ti	7. Consequential amendments—prosecutions and
la	restraining orders
is	(1) In section 8(1)(e) of the Shop Trading Reform
g	Act 1996—
e	(a) sub-paragraph (iii) is repealed;
L
(b) in sub-paragraph (v), omit "or services".
n
a	(2) For section 9(2)(a)(i) of the Shop Trading
ri	Reform Act 1996 substitute—
to	"(i) the Secretary; or".
ic
V

Shop Trading Reform (Simplification) Act 2003

s. 8

Act No. 112/2003

8. Regulations prescribing shops to be exempt

After section 11(2) of the Shop Trading Reform

ts	Act 1996 insert—
n	"(3) The Minister may only recommend the
e	making of regulations prescribing a kind of
m	business for the purposes of section 4(1)(d) if
u	the business is one of selling goods that, in
c	the opinion of the Minister, are essential
o	goods.".
D

9. Repeal of spent provisions

ry

ta	Sections 12, 13 and 14 of the Shop Trading
Reform Act 1996 are repealed.
n
e	10. Consequential repeal of Schedule 1
m	Schedule 1 to the Shop Trading Reform Act
ia	1996 is repealed.
rl	═══════════════
a
P
d
n
a
n
o
ti
la
is
g
e
L
n
a
ri
to
ic
V

Shop Trading Reform (Simplification) Act 2003

Endnotes

Act No. 112/2003

ENDNOTES

ts †

Minister's second reading speech—

n	Legislative Assembly: 6 November 2003
e
Legislative Council: 26 November 2003
m
u	The long title for the Bill for this Act was "to amend the Shop Trading
c	Reform Act 1996 to simplify the management and enforcement of shop
o	trading in Victoria and for other purposes."
D
ry
ta
n
e
m
ia
rl
a
P
d
n
a
n
o
ti
la
is
g
e
L
n
a
ri
to
ic
V