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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 2010
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 13
b2010-127-36.d12
New South Wales
Shop Trading Amendment Bill 2010
No , 2010
A Bill for
An Act to amend the Shop Trading Act 2008 with respect to restricted trading days,
bank and financial institution trading days and exemptions; and for other purposes.
See also the Public Holidays Bill 2010.
Clause 1 Shop Trading Amendment Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Shop Trading Amendment Act 2010. 3
2 Commencement 4
(1) This Act commences on the date of assent to this Act, except as 5
provided by subsection (2). 6
(2) Schedule 1 [1], [3], [4], [7], [12], [13] and [15] commence on 7
31 December 2010. 8
Page 2
Shop Trading Amendment Bill 2010
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
Insert "to provide for bank trading days," after "restricted trading days,". 4
[2] Section 1 Name of Act 5
Omit "Shop Trading Act 2008". Insert instead "Retail Trading Act 2008". 6
[3] Section 3 Definitions 7
Insert in alphabetical order in section 3 (1): 8
bank--see section 14A. 9
[4] Part 2, heading 10
Insert "shop" after "Restricted". 11
[5] Section 4 (3) 12
Insert after section 4 (2): 13
(3) Subsection (1) (e) does not apply to a shop located in the precinct 14
prescribed by the regulations as the Sydney Trading Precinct. 15
[6] Section 6A 16
Insert after section 6: 17
6A Relationship to Liquor Act 2007 18
(1) For the avoidance of doubt, nothing in the Liquor Act 2007, or in 19
a packaged liquor licence under that Act, operates to exempt any 20
licensed premises from a requirement under this Act to be kept 21
closed. 22
(2) In this section: 23
licensed premises means premises to which a packaged liquor 24
licence under the Liquor Act 2007 relates. 25
[7] Part 3, heading 26
Insert "for shop trading" after "Exemptions". 27
[8] Section 7 Business of certain kinds exempt from trading restrictions 28
Insert at the end of section 7: 29
(2) An exemption under subsection (1) is subject to the condition 30
that, on a restricted trading day, the exempted shop is staffed only 31
Page 3
Shop Trading Amendment Bill 2010
Schedule 1 Amendment of Shop Trading Act 2008 No 49
by persons who have freely elected to work on that day, without 1
any coercion, harassment, threat or intimidation by or on behalf 2
of the occupier of the shop. 3
(3) For the purposes of subsection (2), a person is not taken to have 4
freely elected to work on a restricted trading day merely because 5
the person is rostered, or required by the terms of an industrial 6
instrument, to work on that day. 7
(4) Subsections (2) and (3) have effect despite any other law. 8
[9] Section 12 Reviews by Administrative Decisions Tribunal 9
Omit "(other than the person who applied for the exemption)" from 10
section 12 (3). 11
Insert instead "referred to in subsection (2)". 12
[10] Section 12 (4) and (5) 13
Insert after section 12 (3): 14
(4) A representative of an industrial organisation of which persons 15
employed or engaged in shops are entitled or eligible to become 16
members may apply to the Administrative Decisions Tribunal for 17
a review of any of the following decisions: 18
(a) a determination of the Director-General to grant or to 19
amend an exemption, 20
(b) a determination of the Director-General as to the 21
conditions subject to which, or the period for which, an 22
exemption is granted. 23
(5) In this section: 24
industrial organisation means: 25
(a) an industrial organisation of employees within the 26
meaning of the Industrial Relations Act 1996, or 27
(b) an association of employees registered as an organisation 28
under the Fair Work (Registered Organisations) Act 2009 29
of the Commonwealth. 30
[11] Section 13 Staffing on restricted trading days 31
Insert ", or required by the terms of an industrial instrument," after "rostered" 32
in section 13 (2). 33
Page 4
Shop Trading Amendment Bill 2010
Amendment of Shop Trading Act 2008 No 49 Schedule 1
[12] Part 3A 1
Insert after Part 3: 2
Part 3A Bank trading days 3
14A Definitions 4
(1) In this Part: 5
bank means an authorised deposit-taking institution (within the 6
meaning of the Banking Act 1959 of the Commonwealth) that is 7
authorised under that Act to use in its name: 8
(a) the word "bank", or 9
(b) any other word or expression (whether or not in English) 10
that is of like import to the word "bank". 11
financial institution means a body (other than a bank) that is a 12
body regulated by the Australian Prudential Regulation 13
Authority pursuant to section 3 (2) (a)-(e) of the Australian 14
Prudential Regulation Authority Act 1998 of the Commonwealth. 15
(2) The regulations can exclude an authorised deposit-taking 16
institution from the definition of bank for the purposes of this 17
Part. 18
14B Bank close days 19
(1) The following days are bank close days for the purposes of this 20
Part: 21
(a) public holidays (within the meaning of the Public Holidays 22
Act 2010), 23
(b) Good Friday, Easter Sunday, Anzac Day, Christmas Day 24
and Boxing Day (whether or not they are public holidays 25
in a particular year), 26
(c) Saturdays and Sundays, 27
(d) the first Monday in August (Bank Holiday). 28
(2) A day that is a public holiday only in a part of the State is a bank 29
close day only for banks in that part of the State. 30
(3) Each bank close day is declared to be a bank holiday or bank 31
half-holiday (as appropriate) for the purposes of the Bills of 32
Exchange Act 1909 of the Commonwealth. 33
Page 5
Shop Trading Amendment Bill 2010
Schedule 1 Amendment of Shop Trading Act 2008 No 49
14C Banks not to be open for retail banking business on bank close 1
days 2
(1) A bank must not be open for retail banking business on a bank 3
close day. 4
Maximum penalty: 100 penalty units. 5
(2) The retail banking business of a bank is banking business 6
(within the meaning of the Banking Act 1959 of the 7
Commonwealth) that is conducted with customers in person at 8
the bank or a branch of the bank. 9
(3) This section does not prevent a bank (or one or more of its 10
branches) from opening in accordance with an approval granted 11
under this Part. 12
(4) A bank must not fail to comply with a condition of an approval 13
granted under this Part. 14
Maximum penalty: 50 penalty units. 15
14D Extension of Bank Holiday to other financial institutions 16
(1) A financial institution must not be open for retail business on 17
Bank Holiday. 18
Maximum penalty: 100 penalty units. 19
(2) The retail business of a financial institution is business of the 20
financial institution that is conducted with customers in person at 21
the financial institution or a branch of the financial institution. 22
(3) This section does not prevent a financial institution (or one or 23
more of its branches) from opening on Bank Holiday if: 24
(a) the financial institution (or the branch) opens in 25
accordance with an approval granted under this Part, or 26
(b) an industrial instrument provides for employees employed 27
in the retail business of the financial institution to receive 28
a substituted day off in lieu of Bank Holiday for working 29
on Bank Holiday, or 30
(c) the financial institution has no more than 5 employees. 31
(4) An approval for a financial institution to open on Bank Holiday 32
may be granted under this Part as if a financial institution were a 33
bank. For that purpose, a reference in this Part to a bank includes 34
a reference to a financial institution. 35
(5) A financial institution must not fail to comply with a condition of 36
an approval granted under this Part. 37
Maximum penalty: 50 penalty units. 38
Page 6
Shop Trading Amendment Bill 2010
Amendment of Shop Trading Act 2008 No 49 Schedule 1
14E Restrictions on granting approval for banks to open 1
(1) Approval cannot be granted under this Part for a bank to open on 2
Good Friday, on Easter Sunday, before 1 pm on Anzac Day, on 3
Christmas Day or on Boxing Day. 4
(2) An approval for a bank to open on a Saturday or Sunday does not 5
constitute approval for the bank to open on a day that is a bank 6
close day for a reason other than being a Saturday or Sunday. 7
14F Staffing on bank close days 8
(1) Any approval granted by the Director-General under this Part is 9
subject to the condition that, on a bank close day, the bank 10
authorised to open in accordance with the approval is staffed only 11
by persons who have freely elected to work on that day, without 12
any coercion, harassment, threat or intimidation by or on behalf 13
of the bank. 14
(2) For the purposes of subsection (1), a person is not taken to have 15
freely elected to work on a bank close day merely because the 16
person is rostered, or required by the terms of an industrial 17
instrument, to work on that day. 18
(3) This section has effect despite any other law. 19
(4) The condition imposed by this section cannot be varied by the 20
Director-General under this Part. 21
14G Application for approval to open bank on bank close day 22
(1) A bank may apply to the Director-General for approval to open 23
the bank, or one or more branches of the bank, on a bank close 24
day. 25
(2) An application is to be in writing in a form determined by the 26
Director-General and be accompanied by any fee prescribed by 27
the regulations. 28
(3) The Director-General may require the applicant to provide such 29
further information as the Director-General considers relevant to 30
the determination of the application. The Director-General may 31
refuse to grant the approval if the applicant fails to provide the 32
further information required. 33
(4) The Director-General may consult with the banking industry, and 34
prepare guidelines, about the type of information that may be 35
required in connection with an application for approval under this 36
Part. 37
Page 7
Shop Trading Amendment Bill 2010
Schedule 1 Amendment of Shop Trading Act 2008 No 49
14H Matters to be considered in determining application for approval 1
(1) In determining an application for an approval, the 2
Director-General is to consider whether granting the approval 3
would be in the interests of the public, taking into account the 4
likely effect of granting the approval on particular sections of the 5
public, including: 6
(a) customers of the bank concerned in any particular area 7
(whether or not an area the subject of the application), and 8
(b) persons employed or engaged (whether or not by the bank) 9
to perform services for the bank. 10
(2) This section does not limit the matters that the Director-General 11
may consider in determining an application for approval. 12
14I Determination of application 13
(1) If the Director-General grants an approval, the Director-General 14
must issue the applicant with a written approval that sets out any 15
conditions to which the approval is subject. An approval may be 16
granted unconditionally or subject to conditions. 17
(2) If the Director-General refuses to grant an approval, the 18
Director-General must give notice of the refusal in writing to the 19
applicant setting out the reasons for the refusal. 20
(3) If the Director-General has not determined an application for 21
approval within 40 days after the application was made to the 22
Director-General (or such longer period as the Director-General 23
determines with the consent in writing of the applicant), the 24
Director-General is taken to have made a decision to refuse to 25
grant the approval. 26
14J Duration of approval 27
Except during any period of suspension, an approval under this 28
Part remains in force for the period specified in the approval 29
(unless sooner cancelled) or, if no period is so specified, until the 30
approval is cancelled. 31
14K Variation, suspension or cancellation of approval 32
(1) The Director-General may vary the conditions of, or suspend or 33
cancel, an approval under this Part as provided by this section. 34
(2) The Director-General may suspend or cancel an approval only if: 35
(a) the bank that holds the approval has contravened a 36
condition of the approval, or 37
Page 8
Shop Trading Amendment Bill 2010
Amendment of Shop Trading Act 2008 No 49 Schedule 1
(b) the Director-General considers that it is no longer in the 1
interests of the public for the approval to remain in force, 2
or 3
(c) the bank has requested the suspension or cancellation. 4
(3) The Director-General may vary the conditions of, or suspend or 5
cancel, an approval only if the Director-General has: 6
(a) given the bank concerned written reasons for the 7
Director-General's intention to vary the conditions of, or 8
suspend or cancel, the approval and an opportunity to 9
make submissions, and 10
(b) considered any submissions duly made by the bank within 11
a period required by the Director-General. 12
(4) Subsection (3) does not apply to a variation of a condition of, or 13
the suspension or cancellation of, an approval at the request of the 14
bank that holds the approval. 15
(5) A variation of the conditions of, or a suspension or cancellation 16
of, an approval: 17
(a) must be made by notice in writing served on the bank that 18
holds the approval, and 19
(b) takes effect when the notice is served or at a later time 20
specified in the notice. 21
(6) Before determining to take action under this section in relation to 22
an approval, the Director-General may (but need not) determine 23
that the approval will be subject to a period of review. The 24
Director-General is to give written notice of such a determination 25
to the bank concerned and is to include in the notice written 26
reasons for the determination. 27
14L Review of decisions by Administrative Decisions Tribunal 28
(1) A bank that is the applicant for or the holder of an approval under 29
this Part may apply to the Administrative Decisions Tribunal for 30
a review of any of the following decisions under this Part: 31
(a) a decision of the Director-General to refuse to grant the 32
approval, 33
(b) a decision of the Director-General to impose conditions on 34
the approval, 35
(c) a decision of the Director-General to vary the conditions of 36
the approval, 37
(d) a decision of the Director-General to suspend or cancel the 38
approval. 39
Page 9
Shop Trading Amendment Bill 2010
Schedule 1 Amendment of Shop Trading Act 2008 No 49
(2) A representative of an industrial organisation of which persons 1
employed or engaged to perform services for a bank are entitled 2
or eligible to belong may apply to the Administrative Decisions 3
Tribunal for a review of any of the following decisions under this 4
Part: 5
(a) a decision of the Director-General to grant an approval 6
under this Part to the bank (whether with or without 7
conditions), 8
(b) a decision of the Director-General to vary the conditions of 9
an approval granted to the bank under this Part. 10
(3) In this section: 11
industrial organisation means: 12
(a) an industrial organisation of employees within the 13
meaning of the Industrial Relations Act 1996, or 14
(b) an association of employees registered as an organisation 15
under the Fair Work (Registered Organisations) Act 2009 16
of the Commonwealth. 17
[13] Section 15 Powers of inspectors 18
Insert after section 15 (2): 19
(2A) An inspector may, for the purpose of investigating a possible 20
contravention of this Act or the regulations, require a bank or a 21
financial institution within the meaning of Part 3A to produce for 22
the inspector's examination, at such time and place as the 23
inspector may specify, specified records indicating hours worked 24
by employees in the bank or financial institution, business 25
receipts and other information concerning the operation of the 26
bank or financial institution at particular times. 27
[14] Section 18 Evidence that shop is not closed 28
Insert at the end of section 18 (d): 29
, or 30
(e) goods were received, or unpacked or otherwise prepared, 31
at the shop for sale at the shop, or 32
(f) stocktaking was carried out at the shop in respect of goods 33
offered or exposed for sale at the shop. 34
Page 10
Shop Trading Amendment Bill 2010
Amendment of Shop Trading Act 2008 No 49 Schedule 1
[15] Section 19 Evidence as to exemptions and approvals 1
Insert at the end of the section: 2
(2) In any proceedings for an offence against this Act, a certificate 3
signed by the Director-General and that certifies that, on a 4
specified date or during a specified period: 5
(a) a bank or a financial institution under Part 3A was or was 6
not the holder of an approval under Part 3A, or 7
(b) a specified approval under Part 3A was or was not subject 8
to a specified condition, 9
is admissible and is evidence of the matters so certified. 10
[16] Section 22B 11
Insert after section 22A: 12
22B Compensation not payable 13
(1) Compensation is not payable by or on behalf of the State arising 14
directly or indirectly from any of the following matters occurring 15
before or after the commencement of this section: 16
(a) the enactment or operation of this Act or the Shop Trading 17
Amendment Act 2010, 18
(b) the exercise by any person of a function under Part 2 or 3 19
of this Act or a failure to exercise any such function, 20
(c) any statement or conduct relating to the regulation of shop 21
opening hours or restricted trading days. 22
(2) In this section: 23
compensation includes damages or any other form of monetary 24
compensation. 25
conduct includes any act or omission, whether unconscionable, 26
misleading, deceptive or otherwise. 27
statement includes a representation of any kind: 28
(a) whether made verbally or in writing, and 29
(b) whether negligent, false or misleading or otherwise. 30
the State means the Crown within the meaning of the Crown 31
Proceedings Act 1988, and includes an officer, employee or agent 32
of the Crown and an inspector. 33
this Act includes the regulations and any order made under this 34
Act. 35
Page 11
Shop Trading Amendment Bill 2010
Schedule 1 Amendment of Shop Trading Act 2008 No 49
[17] Schedule 2 Savings, transitional and other provisions 1
Insert at the end of clause 1 (1): 2
Shop Trading Amendment Act 2010 3
[18] Schedule 2, Part 4 4
Insert after Part 3: 5
Part 4 Provisions consequent on enactment of 6
Shop Trading Amendment Act 2010 7
9 Existing approvals for banks to open 8
(1) An approval in force under Schedule 6 to the former Act 9
immediately before the repeal of that Act is taken to have been 10
granted under Part 3A of this Act as inserted by Schedule 1 [12] 11
to the Shop Trading Amendment Act 2010. 12
(2) This clause extends to an approval in force under Schedule 6 to 13
the former Act as a result of the operation of clause 5 of that 14
Schedule (which relates to approvals in force under Part 2 of the 15
Shops and Industries Act 1962 and clause 4 of the Shops and 16
Industries Regulation 2007 immediately before the 17
commencement of Schedule 6 to the former Act). 18
(3) In this clause: 19
former Act means the Banks and Bank Holidays Act 1912. 20
10 References to Act 21
On and from the commencement of Schedule 1 [2] to the Shop 22
Trading Amendment Act 2010, a reference in any other Act, or in 23
any instrument, to the Shop Trading Act 2008 is taken to be a 24
reference to the Retail Trading Act 2008. 25
Page 12
Shop Trading Amendment Bill 2010
Amendment of Shop Trading Regulation 2009 Schedule 2
Schedule 2 Amendment of Shop Trading Regulation 1
2009 2
[1] Clause 1 Name of Regulation 3
Omit "Shop Trading Regulation 2009". 4
Insert instead "Retail Trading Regulation 2009". 5
[2] Clause 3 Definition 6
Omit "Shop Trading Act 2008". Insert instead "Retail Trading Act 2008". 7
[3] Clause 3A 8
Insert after clause 3: 9
3A Sydney Trading Precinct 10
For the purpose of section 4 (3) of the Act, the Sydney Trading 11
Precinct is the precinct described as: 12
(a) having a northern boundary composed by the southern 13
shoreline of Port Jackson Harbour, extending from 14
Rushcutters Bay to Jubilee Park at Blackwattle Bay, and 15
(b) having a western boundary extending from Jubilee Park at 16
Blackwattle Bay, along the western side of Glebe Point 17
Road to Parramatta Road, and then in a direct line to the 18
corner of City Road and Cleveland Street, Chippendale, 19
and 20
(c) having a south-western boundary extending from the 21
corner of City Road and Cleveland Street, Chippendale, 22
proceeding in a direct line to the corner of South Dowling 23
Street and Todman Avenue, Kensington, and 24
(d) having a south-eastern boundary from the corner of South 25
Dowling Street and Todman Avenue, Kensington, 26
proceeding in a direct line to the corner of Council Street 27
and Bondi Road, Bondi Junction, and 28
(e) having a north-eastern boundary from the corner of 29
Council Street and Bondi Road, Bondi Junction, 30
proceeding in a direct line to the corner of New South 31
Head Road and Neild Avenue, Rushcutters Bay, and then 32
in a direct line due north to the southern shoreline of Port 33
Jackson Harbour. 34
Note. An illustration of the above description is as follows: 35
Page 13
Shop Trading Amendment Bill 2010
Schedule 2 Amendment of Shop Trading Regulation 2009
Page 14
Shop Trading Amendment Bill 2010
Amendment of Shop Trading Regulation 2009 Schedule 2
[4] Clause 6 Additional transitional arrangements 1
Omit the clause. 2
[5] Schedule 1 Application form 3
Omit "Shop Trading Act 2008". Insert instead "Retail Trading Act 2008". 4
[6] Schedule 2 Sydney commercial business district 5
Omit the Schedule. 6
Page 15
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