Trading Hours Act 1987 (Qld)

822 ANNO TRICESIMO SEXTO ELIZA BET AE SECUNDAE R EGINAE 04 To. rF i iL A An Act to amend the Facto ries and Sh ops Act 1960-1985, the Industrial Conciliati on and Arbitration Act 1961-1987 and the Anzac Day Act 1921- 1985 each in certain particulars [ASSENTED TO 29TH OCTOBER, 1987]

Trading Hours Act 1987, No. 61 823 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short Title . This Act may be cited as the Trading Hours Act 1987. 2. Commencement . (1) Section 1 and this section shall commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), the provisions of this Act or such of those provisions as are specified in the Proclamation shall commence on a date to be appointed by Proclamation. 3. Arrangement . This Act is arranged in Parts as follows:- PART I-PRELIMINARY (SS. 1-3); PART II-AMENDMENT OF FACTORIES AND SHOPS ACT (ss. 4-14); PART III-AMENDMENT OF INDUSTRIAL CONCILIATION AND ARBITRATION ACT (ss. 15-21); PART IV-AMENDMENT OF ANZAC DAY ACT (ss. 22-26). PART II-AMENDMENT OF FACTORIES AND SHOPS ACT 4. Citation . (1) In this Part the Factories and Shops Act 1960-1985 is referred to as the Principal Act. ,(2) The Principal Act as amended by this Act may be cited as the Factories and Shops Act 1960-1987. 5. Amendment of s. 5 . Meaning of terms . Section 5 of the Principal Act is amended by- (a) omitting the definition "Authorised replacement"; (b) omitting the definition "Closing time" and substituting the following definition:- "Closing time" -In relation to any shop, other than an exempt shop, the time at which the shop is required, under the provisions of any order under Part VIIA of the Industrial Conciliation and Arbitration Act 1961-1987 or under Part VIII of this Act, to be closed for business on any day and in relation to any exempt shop the time at which the exempt shop is required under the provisions of any agreement under Part VIII of this Act to be closed for business on any day;"; (c) omitting from the definition "Exempted shop" the word "Exempted" and substituting the word "Exempt";

824 Trading Hours Act 1987, No. 61 (d) inserting after the definition "Half-holiday" the following definition:- "Independent retail shop"-A shop, other than an office or premises maintained for the conduct of business that consists wholly or partly of- the business of selling caravans; the business of selling motor vehicles; the business of selling goods wholesale; or the business of a stall within a market, being a shop where- (a) the business for which it is maintained is wholly owned by a person , by persons in partnership or by a proprietary company within the meaning of the Companies (Queensland ) Code, being a company that is not a related corporation pursuant to section 7 (5) of the Companies ( Queensland) Code; (b) the number of persons engaged in the shop at. any one time, including any owner of the business, does not exceed 6; and (c) the number of persons at any one time engaged by the owner of the business, including an owner thereof, in that and any other shop or shops (exempt or non-exempt) in Queensland does not exceed 20;"; (e) inserting after the definition "Manufacturing process" the following definition:- " "Market"-A building or part of a building or a place or part of a place in or at which persons occupy or have the use of a stall or stalls, from or at which goods are sold or exposed for sale or offered for sale by retail;"; (f) omitting the definition "Non-exempted shop" and substituting the following definition;- " "Non-exempt shop"-Any shop other than an exempt shop, an independent retail shop, an office or a stall;"; (g) omitting the definition "Opening time" and substituting the following definition:- " "Opening time"-In relation to any shop, other than an exempt shop, the time at which the shop may, under the provisions of any order under Part VIIA of the Industrial Conciliation and Arbitration Act 1961-1987 or under Part VIII of this Act, be lawfully opened for business on any day and, in relation to any exempt shop, the time at which the exempt shop may, under the provisions of any agreement under Part VIII of this Act, be lawfully opened for business on any day;";

Trading Hours Act 1987, No. 61 825 (h) in the definition "Order" omitting the words " "The Industrial Conciliation and Arbitration Acts, 1961 to 1964" " and substituting the words "the Industrial Conciliation and Arbitration Act 1961-1987"; (i) omitting the definition "Small shop"; (j) inserting after the definition "Shop assistant" the following definition:- "Stall"-Any stall, table, barrow, platform, stand or vehicle used at a market;". 6. Amendment of s. 8. Power of Governor in Council to exempt from Act. Section 8 of the Principal Act is amended by- (a) making the existing provision subsection (1) by inserting after the note to the section the expression "(1)"; (b) inserting after subsection (1) the following subsection:- "(2) Whenever the Governor in Council has pursuant to subsection (1) declared that all or any of the provisions of Part VIII. shall not apply to any shops, then the occupier of every shop to which the declaration applies shall affix and at all times maintain so affixed while the declaration remains in force a copy of the Order in Council or regulation containing that declaration in a conspicuous place in his shop for the information of all persons concerned.". 7. Amendment of s. 60. Section 60 of the Principal Act is' amended by- (a) after the expression "60", inserting the words "Exempt shops."; (b) omitting subsection (1) and substituting the following subsection:- "(1) (a) Save as otherwise expressly provided in this Part, the provisions of this Part shall not apply with respect to the following shops (hereinafter referred to as "exempt shops") where such shops are used predominantly for the sale of goods or other 27

826 Trading Hours Act 1987, No. 61 articles or the supply of services that a reasonable person would expect to be sold or supplied in such shops:- (i) Antique shops; (ii) Aquarium and aquarium accessories shops; (iii) Arts and crafts shops; (iv) Bait and tackle shops; (v) Booksellers' shops, newsagents shops, railway bookstalls; (vi) Bread shops, cake shops, pastry shops; (vii) Camping equipment shops; (viii) Chemist shops and druggists shops; (ix) Confectionery shops; (x) Cooked provision shops where food is cooked or heated on the premises immediately prior to sale; (xi) Delicatessens; (xii) Fish shops; (xiii) Flower shops; (xiv) Fruit shops, vegetable shops, fruit and vegetable shops, temperance beverage shops; (xv) Hairdressers', beauticians', barbers' shops; (xvi) Ice cream parlours; (xvii) Licensed premises within the meaning of the LiquorAct 1912-1985; (xviii) Milk bars; (xix) Nurseries (plant) and shops selling garden plants and shrubs, seeds, garden and landscaping supplies, equipment and associated products; (xx) Pet shops; (xxi) Photographic shops; (xxii) Premises in relation to which a pawnbrokers licence granted under the Pawnbrokers Act 1984-1985 is in force; (xxiii) Restaurants, cafes and refreshments shops; (xxiv) Service stations; (xxv) Shops of a class of shop declared by the Governor in Council, by Order in Council to be an exempt shop; (xxvi) Shops selling spare parts for motor vehicles or motor cycles or both; (xxvii) Shops that are art galleries; (xxviii) Soap shops; (xxvix) Souvenir shops; (xxx) Sporting goods shops; (xxxi) Tobacconists' shops; (xxxii) Toy shops; (xxxiii) Undertakers' establishments; (xxxiv) Veterinary supplies shops; (xxxv) Video cassette shops (blank and pre-recorded).

Trading Hours Act 1987, No. 61 827 (b) In respect of the sale of goods or other articles by wholesale in any exempt shop the provisions of this Part shall apply to such a shop and a reference in this Part to an exempt shop shall not include such a shop."; (c) omitting subsections (lA) and (2); (d) renumbering subsections (3) and (4) as subsections (2) and (3) respectively; (e) omitting subsection (5) and substituting the following subsection:- "(4) The proprietor of the business of a service station shall not be required pursuant to any lease or other agreement under which he conducts the business to extend the hours during which he is required by the lease or agreement, immediately before the commencement of the Trading Hours Act 1987, to keep the business premises open for trading, as a consequence of the enactment of subsection (1) by section 7 of that Act and no provision of such lease or agreement shall be taken to be breached by reason of the proprietor's refusal or failure to extend those hours by reason of that enactment.". 8. New s. 60A. The Principal Act is amended by, inserting after section 60 the following section:- "60A. Savings . The provisions of this Part shall not derogate from or otherwise affect the provisions of Part VIIA of the Industrial Conciliation and Arbitration Act 1961-1987 and all orders made thereunder, and in relation to the hours of business or of the closure of any non-exempt shops shall be read subject to the provisions of every order under the said Part VIIA applicable to those shops.". 9. New s. 60B. The Principal Act is amended by inserting after section 60A the following section:- "60B. Hours of trading of independent retail shops. (1) An independent retail shop shall have no fixed opening time or fixed closing time on any day other than those times specified in subsection (2) of this section. (2) The occupier of an independent retail shop, other than a shop which is predominately a food shop or grocery shop or both a food and grocery shop, shall cause the shop to be closed to the complete exclusion of the public on Christmas Day, Good Friday, Labour Day (the first Monday in May or other day appointed under the Holidays Act 1983-1985 to be kept in place of that holiday) if any person is engaged in the shop as an employee, and on Anzac Day until one o'clock in the afternoon.". 10. Amendment of s. 61. Closing hours of shops. Section 61 of the Principal Act is amended by- (a) in the note to the section after the word "of" inserting the word "non-exempt";

828 Trading Hours Act 1987, No. 61 (b) in subsection (1)- (i) inserting after the word "every" the word "non-exempt"; (ii) inserting after the words "closure of any" the word "non- exempt"; (iii) omitting the words " The Industrial Conciliation and Arbitration Acts, 1961 to 1964" " and substituting the words "the Industrial Conciliation and Arbitration Act 1961-1987"; (iv) omitting the words "or an award,"; (v) omitting the words "or award"; (c) in subsection (2)- (i) inserting after the word "every" the word "non-exempt"; (ii) omitting the words " "The Holidays Acts, 1912 to 1954" " where they occur three times and substituting the words "the HolidaysAct 1983-1985" in each case; ( iii ) the words " "The Industrial Conciliation andArbitration Acts, 1932 to 1958" " and substituting the words "the Industrial Conciliation and Arbitration Act 1961-1987". 11. Amendment of s. 62. O ffences . Section 62 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- "(1) An occupier of- (i) an independent retail shop other than a shop which is predominantly a food shop or a grocery shop or both a food and grocery shop; or (ii) a non-exempt shop, shall comply in every respect with the requirements of section 60B (2), or as the case may be, section 61, in respect of that shop and if he fails to do so shall be guilty of an offence against this Act."; (b) in subsection (3)- (i) omitting the words "No person shall" and substituting the words "Other than in the normal conduct of the business of an exempt shop or an independent retail shop a person shall not"; (ii) in the general words following provision (iii)- (A) inserting before the word "shops" where it first occurs the word "non-exempt"; (B) omitting the words "(including by virtue of the provisions of any award)". 12. Amendment of s. 63. Special provisions as to exempted shops. Section 63 of the Principal Act is amended by- (a) in the note to the section omitting the word "exempted" and substituting the word "exempt"; (b) in subsection (1) omitting the word "exempted" and substituting the word "exempt";

Trading Hours Act 1987, No. 61 829 (c) in subsection (3) omitting the word "exempted" where it occurs five times and substituting the word "exempt" in each case; (d) in subsection (4) omitting the word "exempted" where it occurs ten times and substituting the word "exempt" in each case. 13. Amendment of s. 64. Power to make regulations . Section 64 of the Principal Act is amended by omitting from provision (i) the word "exempted" and substituting the word "exempt". 14. New s. 64A. The Principal Act is amended by inserting after section 64 the following .section:- "64A. Penalties for offences. A person guilty of an offence against this Part shall be liable- (a) where that person is a body corporate, to a penalty not exceeding 200 penalty units; or (b) where that person is an individual, to a penalty not exceeding 40 penalty units.". PART III-AMENDMENT OF INDUSTRIAL CONCILIATION AND ARBITRATION ACT 15. Citation . (1) In this Part the Industrial Conciliation and Arbitration Act 1961-1987 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Industrial Conciliation and Arbitration Act 1961-1987. 16. Amendment of s. 2. Parts of Act. Section 2 of the Principal Act is amended by, in the reference to Part VIIA, omitting the words "SHOPS AND EXHIBITIONS OF NON-EXEMPTED GOODS" and substituting the words "NON-EXEMPT SHOPS AND EXHIBITIONS". 17. Amendment of s. 5. Interpretation . Section 5 of the Principal Act is amended by, in the definition "occupier", omitting the words " "The Factories and Shops Act of 1960" " and inserting the words "the Factories and Shops Act 1960-1987". 18. Amendment of PART VIIA heading preceding s. 96A. The PART VIIA heading preceding section 96A of the Principal Act is amended by omitting the words "SHOPS AND EXHIBITIONS OF NON-EXEMPTED GOODS" and substituting the words "NON-EXEMPT SHOPS AND EXHIBITIONS". 19. Repeal of and new s. 96A. The Principal Act is amended by repealing section 96A and substituting the following section:- "96A. Interpretation . For the purposes of this Part the terms "exempt shop" and "non-exempt shop" refer respectively to an exempt shop and a non-exempt shop under and within the meaning of the Factories and Shops Act 1960-1987.".

830 Trading Hours Act 1987, No. 61 20. Amendment of s. 96B. Trading hours in shops . Section 96B of the Principal Act is amended by- (a) in the note to the section inserting after the word "in" the word "non-exempt"; (b) omitting subsection (1); (c) renumbering subsection (2) as subsection (1); (d) in subsection (1) as renumbered- (i) in paragraph (a) after the word "in" inserting the word "non- exempt"; (ii) in paragraph (b)- (A) in the general words preceding provision (i) after the word "in" inserting the word "non-exempt"; (B) in provision (i) after the word "which" where it twice occurs inserting the word "non-exempt" in each case; (C) omitting provision (iii) and substituting the following provision:- "(iii) to fix such hours differently in respect of non-exempt shops included in different classes of non-exempt shops or in respect of non-exempt shops situated in different localities;"; (e) omitting subsection (3); (f) renumbering subsection (4) as subsection (2); (g) in subsection (2) as renumbered after the words "occupier of a" inserting the words "non-exempt". 21. Amendment of s. 96c. Special Displays, etc., of goods . Section 96c of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:- "(1) The Full Bench of the Commission may by order declare general rulings relating to the conditions to be observed in the holding of special displays or special exhibitions, whether permanent or temporary, of goods or other articles except goods or other articles that a reasonable person would expect to be sold in an exempt shop pursuant to section 60 (1) (a) of the Factories and Shops Act 1960-1987, whether held in shops or elsewhere, including the hour at which such special displays or such special exhibitions may open and the hour at which they shall close on any day of the week, or prohibiting or permitting the sale thereat or the taking thereat of orders for the sale of goods or other articles.". PART IV-AMENDMENT OF ANZAC DAY ACT 22. Citation . (1) In this Part the Anzac Day Act 1921-1985 is referred to as the Principal Act.

Trading Hours Act 1987, No. 61 831 (2) The Principal Act as amended by this Act may be cited as the Anzac Day Act 1921-1987. 23. Amendment of s. 3. Interpretation. Section 3 of the Principal Act is amended by- (a) omitting from the definition "Chief Industrial Inspector" the expression "1985" and substituting the expression "1987"; (b) omitting from the definition "Inspector" the expression "1985" and substituting the expression "1987"; (c) inserting in the definition "Minister" after the word "Employment" the words ", Small Business"; (d) omitting the definition "service station". 24. Amendment of s. 4. Anzac Day to be a public holiday. Section 4 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- "(1) In this section each of the terms "factory", "shop", "independent retail shop", and "exempt shop" has the meaning assigned to it in the Factories and Shops Act 1960-1987."; (b) in subsection (2)- (i) omitting provision (ba) and substituting the following provision:- "(ba) an independent retail shop;"; (ii) omitting provision (bb) and substituting the following provision:- "(bb) an exempt shop;"; (c) in subsection (3)- (i) omitting from provision (da) the words "a small shop" and substituting the words "an independent retail shop"; (ii) omitting provision (db) and substituting the following provision:- "(db) of any person in an exempt shop;"; (d) in subsection (4) by omitting the words "other than an exempted shop" where they twice occur. 25. Amendment of s. 5. Places of public amusement. Section 5 of the Principal Act is amended by, in subsection (2) at the end of the second paragraph, omitting the expression "1983" and substituting the expression "1987". 26. Amendm ent of s . 8. Offences against Act . Section 8 of the Principal Act is amended by, in subsection (3) at the end of the fourth paragraph, omitting the expression "1983" and substituting the expression "1987".