Shops and Industries Amendment
(Special Shop Closures) Bill 2004

New South Wales
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Shops and Industries Act 1962 (the Principal
Act):

(a) to provide for shops (other than scheduled shops and small shops) to be kept
closed on Saturday 25 December 2004, and

(b) to provide for shops (other than scheduled shops and small shops) to be kept
closed on Sunday 26 December 2004 unless the shops are located in a tourist
area that is subject to a pre-existing exemption under section 89B of the
Principal Act that would allow the shops to open on that day and are staffed by
persons who have freely elected to work on that day, and

(c) to provide that the amendments have effect despite any exemption granted
under section 78A (exemption by the Director-General) or 89B (exemption of
holiday resorts) or any order made under section 85 (2) (exemption by
Ministerial order) of the Principal Act.

For the purposes of the Bill, scheduled shops are shops listed in Schedule 3 to the
Principal Act and include, for example, chemists’ shops, cooked food shops,
newsagencies and video shops.

Small shops are those with two or less shopkeepers that require not more than four
persons to conduct the business of the shop on any one day.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the date of assent.

Clause 3 is a formal provision that gives effect to the amendment to the Principal Act
set out in Schedule 1.

Schedule 1 Amendment
Schedule 1 amends the Principal Act to insert proposed sections 89E and 89F,
having the effect described above in the overview.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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