Shop Trading Hours Amendment Act 2002
An Act to amend the Shop Trading Hours Act 1984
[Royal Assent 3 May 2002]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
This Act may be cited as the Shop Trading Hours Amendment Act 2002 .
(1) This Act, other than sections 3, 6 and 9 , commences on 1 December 2002.(2) Sections 3, 6 and 9 commence on the day on which this Act receives the Royal Assent.
In this Act, the Shop Trading Hours Act 1984 is referred to as the Principal Act.
4. Section 3 amended (Interpretation)
(1) Section 3 of the Principal Act is amended as follows:(a) by omitting the definition of "cup part holiday" from subsection (1);(b) by omitting the definition of "general holiday" from subsection (1);(c) by omitting the definition of "local holiday" from subsection (1);(d) by omitting subsection (3).(2) Section 3 of the Principal Act is further amended as follows:(a) by omitting "carried on." from the definition of "shop" and substituting "carried on;";(b) by inserting the following definition after the definition of "shop":statutory holiday has the same meaning as in the Statutory Holidays Act 2000 .
5. Sections 5 , 5A and 5B substituted
Sections 5 , 5A and 5B of the Principal Act are repealed and the following section is substituted:The amendment effected by this section has been incorporated into the authorised version of the Shop Trading Hours Act 1984 .5. Certain shops prohibited from opening on certain occasions
(1) Subject to the provisions of this Act, a shop to which this section applies must not be kept open at any time –(a) on Christmas Day; or(b) on Good Friday; or(c) before noon on Anzac Day.(2) For the purposes of subsection (1) , a shop is taken to be kept open if –(a) it is not locked or otherwise closed against admission to the public; or(b) any person in the shop is engaged in the sale of goods, canvassing for orders or delivering goods to customers.(3) Despite subsection (2) , if a shop has a common entrance with a factory or warehouse, the shop is not taken to be kept open if the entrance is closed but not locked.(4) The occupier of a shop to which this section applies that is kept open in contravention of subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding 200 penalty units.(5) If an occupier that is a body corporate is guilty of an offence under subsection (4) , each person who is a director of the body corporate or who is concerned in the management of the body corporate is guilty of an offence and liable on summary conviction to a fine not exceeding 200 penalty units if that person knowingly authorised or permitted the offence by the body corporate.(6) A person may be proceeded against and convicted under subsection (5) whether or not the body corporate has been proceeded against for, or convicted of, an offence under subsection (4) .
7. Sections 8 and 8A substituted
Sections 8 and 8A of the Principal Act are repealed and the following section is substituted:8. Person not to be required to work contrary to an award or industrial agreement
(1) A person, whether an employer or not, must not require or attempt to persuade another person to work as an employee in a shop contrary to an award or industrial agreement that is applicable to that other person.Penalty: Fine not exceeding 200 penalty units.(2) A person, whether an employer or not, must not require a prescribed person to work as an employee in a shop to which section 5 applies –unless the employee agrees, in writing, to work on that statutory holiday or Sunday.(a) on a statutory holiday which is observed in the locality in which the shop is situated; or(b) on a Sunday –Penalty: Fine not exceeding 200 penalty units.(3) In subsection (2) ,prescribed person means a person employed, at the commencement of this section, as an employee in the shop referred to in that subsection.(4) If a body corporate contravenes this section, each person who is a director of the body corporate or who is concerned in the management of the body corporate is taken to have contravened this section if the person knowingly authorised or permitted the contravention.(5) A person may be proceeded against and convicted under this section in accordance with subsection (4) whether or not the body corporate has been proceeded against or convicted.
8. Section 10 amended (Provisions in certain agreements unenforceable, &c.)
Section 10 of the Principal Act is amended as follows:The amendment effected by this section has been incorporated into the authorised version of the Shop Trading Hours Act 1984 .(a) by omitting from subsection (2) "between, or for any period of time between, noon and 6 p.m. on a Saturday" and substituting "for any period of time, other than a period between the hours of 8 a.m. and 6 p.m. on any Monday, Tuesday, Wednesday, Thursday, Friday or Saturday";(b) by omitting from subsection (4) "between, or for any period of time between, noon and 6 p.m. on a Saturday," and substituting "for any period of time, other than a period between the hours of 8 a.m. and 6 p.m. on any Monday, Tuesday, Wednesday, Thursday, Friday or Saturday,";(c) by omitting from subsection (5) "between, or for any period of time between, noon and 6 p.m. on a Saturday" and substituting "for any period of time, other than a period between the hours of 8 a.m. and 6 p.m. on any Monday, Tuesday, Wednesday, Thursday, Friday or Saturday";(d) by omitting subsection (8) .
10. Schedule 1 repealed
Schedule 1 to the Principal Act is repealed.