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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Shop Trading Amendment Bill 2009
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Shop Trading Act 2008 No 49 3
Schedule 2 Amendment of Shop Trading Regulation 2009 8
b2009-017-07.d12
New South Wales
Shop Trading Amendment Bill 2009
No , 2009
A Bill for
An Act to amend the Shop Trading Act 2008 and the Shop Trading Regulation 2009
with respect to exemptions from trading restrictions.
Clause 1 Shop Trading Amendment Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Shop Trading Amendment Act 2009. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Shop Trading Amendment Bill 2009
Amendment of Shop Trading Act 2008 No 49 Schedule 1
Schedule 1 Amendment of Shop Trading Act 2008 1
No 49 2
[1] Long title 3
Omit "de-regulation". Insert instead "fair regulation". 4
[2] Section 3 Definitions 5
Omit the definition of Director-General from section 3 (1). Insert instead: 6
Departmental website means the Internet website used for the 7
time being by the Department of Services, Technology and 8
Administration to provide public access to information for the 9
purposes of this Act. 10
Director-General means the Director-General of the Department 11
of Services, Technology and Administration. 12
[3] Sections 10-11C 13
Omit sections 10 and 11. Insert instead: 14
10 Director-General may exempt shops from trading restrictions 15
(1) The Director-General may by order, on application by the 16
occupier of a shop, exempt the shop from a requirement under 17
this Act to be kept closed. 18
(2) The Director-General must not grant an exemption for a shop 19
unless the Director-General is satisfied that it is in the exceptional 20
circumstances of the case in the public interest to do so, having 21
regard to the following matters: 22
(a) the nature of the shop and the kinds of goods sold by the 23
shop, 24
(b) the need for the shop to be kept open on the day or days 25
concerned, 26
(c) the likely effect of the proposed exemption on the local 27
economy, tourism and small businesses and other 28
businesses in the area, 29
(d) the likely effect of the proposed exemption on employees 30
of, or persons working in, the shop. 31
(3) An application for an exemption under this Division may not be 32
made in respect of a shop that is not in existence when the 33
application is made. 34
Page 3
Shop Trading Amendment Bill 2009
Schedule 1 Amendment of Shop Trading Act 2008 No 49
(4) An exemption may: 1
(a) apply in respect of one or more specified restricted trading 2
days or all restricted trading days, or 3
(b) apply in respect of specified times on a restricted trading 4
day. 5
(5) An exemption has effect for the period, not exceeding 3 years, 6
specified by the Director-General in the order. 7
(6) The period of the exemption may not be extended by an 8
amendment to the order. 9
(7) An exemption may be subject to conditions. 10
11 Applications for exemptions 11
(1) An application for an exemption by the Director-General is to be: 12
(a) made in the manner and the form prescribed by the 13
regulations, and 14
(b) made not later than 28 days before the first day for which 15
the exemption is sought, and 16
(c) accompanied by the application fee, if any, prescribed by 17
the regulations. 18
(2) An application may be made in respect of more than one shop. 19
(3) An applicant must, if required to do so, provide the 20
Director-General with such additional information and 21
documents in relation to an application as the Director-General 22
may request. 23
11A Publication of orders and reasons for decisions 24
(1) The Director-General must publish on the Departmental website 25
an order granting an exemption and the reasons for any decision 26
made by the Director-General to grant or not to grant an 27
exemption. 28
(2) An order and reasons must be published as soon as practicable 29
after the relevant decision is made. 30
11B Deemed refusal of application 31
If the Director-General has not determined an application for an 32
exemption before the end of the period of 40 days after the 33
application was made to the Director-General (or such longer 34
period as the Director-General determines with the consent in 35
Page 4
Shop Trading Amendment Bill 2009
Amendment of Shop Trading Act 2008 No 49 Schedule 1
writing of the applicant), the Director-General is taken, for the 1
purposes of section 12, to have made a decision to refuse to grant 2
the exemption. 3
11C Application of Division to applications for amendment or 4
revocation of exemption orders 5
(1) An occupier of a shop that is subject to an exemption under this 6
Division may apply for the amendment or revocation of the 7
exemption order. 8
(2) This Division applies to any such application in the same way as 9
it applies to an application for an exemption. 10
[4] Section 12 Reviews by Administrative Decisions Tribunal 11
Insert "amend or" before "revoke" in section 12 (a). 12
[5] Section 12 (2) and (3) 13
Insert at the end of section 12: 14
(2) Any other person who considers himself or herself to have a 15
sufficient interest in an application for an exemption under this 16
Division may apply to the Administrative Decisions Tribunal for 17
a review of any such decision. 18
(3) The Administrative Decisions Tribunal is not required to review 19
a decision on the application of a person (other than the person 20
who applied for the exemption) if it is not satisfied that the person 21
has a sufficient interest in the application for exemption. 22
[6] Section 15 Powers of inspectors 23
Insert after the note to the section: 24
(2) An inspector may, for the purpose of investigating a possible 25
contravention of this Act or the regulations, require an occupier 26
of a shop to produce for the inspector's examination, at such time 27
and place as the inspector may specify, specified records 28
indicating hours worked by employees in the shop, business 29
receipts and other information concerning the operation of the 30
shop at particular times. 31
(3) A requirement duly made under this section by an inspector is 32
taken to be a requirement made under Part 4 of Chapter 7 of the 33
Industrial Relations Act 1996. 34
Page 5
Shop Trading Amendment Bill 2009
Schedule 1 Amendment of Shop Trading Act 2008 No 49
[7] Section 20 Delegation 1
Omit "Department of Commerce" from section 20 (a). 2
Insert instead "Department of Services, Technology and Administration". 3
[8] Section 22A 4
Insert after section 22: 5
22A Certain lease provisions of no effect 6
(1) A provision of a lease is void to the extent that it requires the 7
occupier of a shop to keep the shop open at any time on a 8
restricted trading day. 9
(2) This section has effect whether or not the shop is the subject of 10
an exemption under this Act. 11
(3) In this section: 12
lease includes an agreement or arrangement between the 13
occupier of a shop and the owner of the premises in which the 14
shop is located or, if the occupier is a sub-lessee of those 15
premises, between the occupier and the lessee of those premises. 16
[9] Schedule 2 Savings, transitional and other provisions 17
Insert at the end of clause 1 (1): 18
Shop Trading Amendment Act 2009 19
[10] Schedule 2, clause 2 20
Insert after clause 2 (3): 21
(4) Without limiting subclause (2): 22
(a) section 13 applies to an exemption referred to in that 23
subclause, and 24
(b) the occupier of a shop that is subject to an existing 25
exemption may apply under Part 3 of this Act for an order 26
amending the exemption. 27
Page 6
Shop Trading Amendment Bill 2009
Amendment of Shop Trading Act 2008 No 49 Schedule 1
[11] Schedule 2, Part 3 1
Insert after Part 2: 2
Part 3 Provisions consequent on enactment of 3
Shop Trading Amendment Act 2009 4
6 Definition 5
In this Part: 6
2009 amending Act means the Shop Trading Amendment Act 7
2009. 8
7 Existing applications 9
(1) This clause applies to an application for an exemption under 10
section 10 made, but not finally determined, before the 11
commencement of the 2009 amending Act. 12
(2) Sections 10, 11 (2) and (3) and 11A-11C, as inserted by that Act, 13
extend to any such application. 14
8 Existing exemptions 15
(1) The amendments made by the 2009 amending Act do not affect 16
the operation of an exemption granted after the commencement 17
of this Act under Division 2 of Part 3 of this Act, and in force 18
immediately before the commencement of the 2009 amending 19
Act (an existing Departmental exemption). 20
(2) An existing Departmental exemption is taken to have been made, 21
and may be revoked or amended, under Division 2 of Part 3 of 22
this Act as amended by the 2009 amending Act. 23
(3) To avoid doubt, an existing Departmental exemption that applies 24
in respect of a specified area or areas continues in force and may 25
be so revoked or amended. 26
(4) An existing Departmental exemption ceases to have effect 27
3 years after the commencement of the 2009 amending Act, or on 28
the date on which it would otherwise cease to have effect, 29
whichever occurs first. 30
Page 7
Shop Trading Amendment Bill 2009
Schedule 2 Amendment of Shop Trading Regulation 2009
Schedule 2 Amendment of Shop Trading Regulation 1
2009 2
[1] Clauses 4 and 5 3
Omit clause 4. Insert instead: 4
4 Public review period for exemption applications 5
(1) Before determining an application for an exemption under 6
Division 2 of Part 3 of the Act, the Director-General must: 7
(a) cause the application to be publicly exhibited for a period 8
of at least 21 days, and 9
(b) seek public comment on the application during the period 10
of public exhibition, and 11
(c) have regard to any public comment received during that 12
period. 13
(2) This clause does not apply to an application for an exemption 14
made before the commencement of this clause. 15
5 Application for exemption 16
An application for exemption is to be in the form set out in 17
Schedule 1. 18
[2] Schedule 1 19
Insert at the end of the Regulation: 20
Schedule 1 Application form 21
(Clause 5) 22
Application for retail trading on restricted trading days 23
Shop Trading Act 2008 24
Applicant's details 25
Applicant's name: 26
Business name: 27
Trading name: 28
ABN/ACN: 29
Contact details 30
Street address: [include city/town and postcode] 31
Postal address: [if different from above] 32
Page 8
Shop Trading Amendment Bill 2009
Amendment of Shop Trading Regulation 2009 Schedule 2
Telephone number: [include area code] 1
Fax number: 2
Email address: 3
Person making the application: 4
Position title: 5
Details of exemption being sought 6
Please identify the restricted trading day/s for which you are seeking an exemption: 7
Good Friday
Easter Sunday
Before 1pm on ANZAC Day
Christmas Day
Boxing Day
Is the exemption for: 8
a specific day or days or period, being [specify the date or dates or period],
or
up to three years.
Please nominate the proposed trading hours: 9
Commencing at: AM/ PM 10
Closing at: AM/ PM 11
Information required to support the application 12
The Director-General of the NSW Department of Services, Technology and 13
Administration may only grant an exemption if satisfied that it is, in the exceptional 14
circumstances of the case, in the public interest to approve this application. 15
What is the nature of the business and goods sold? .....................................................
16
.......................................................................................................................................
.......................................................................................................................................
What is the need for the shop to be open on a restricted trading day/s? .......................
17
.......................................................................................................................................
.......................................................................................................................................
What is the likely effect on the local economy, tourism, small businesses and other 18
businesses in the area if the exemption is granted?....................................................... 19
.......................................................................................................................................
Page 9
Shop Trading Amendment Bill 2009
Schedule 2 Amendment of Shop Trading Regulation 2009
.......................................................................................................................................
What is the likely effect on employees or persons working in the shop if the exemption 1
is granted? ..................................................................................................................... 2
.......................................................................................................................................
.......................................................................................................................................
Employees working on restricted trading day/s will be employed under which 3
industrial instrument/s? ................................................................................................. 4
.......................................................................................................................................
.......................................................................................................................................
Number of employees likely to work in the shop/s if the exemption is granted? [insert 5
number] 6
This application will be put on public exhibition by the Director-General of the NSW 7
Department of Services, Technology and Administration. It is an offence to fail to 8
comply with any conditions imposed on an exemption by the Director-General or 9
delegated officer. 10
[signature] 11
[date] 12
Page 10
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