South Australian Numbered Acts

SHOP TRADING HOURS (EXTENSION OF HOURS) AMENDMENT ACT 2022 (NO 17 OF 2022) - SECT 6

6—Amendment of section 13—Hours during which shops may be open

        (1)         Section 13(1), (2) and (5)—delete subsections (1), (2) and (5) and substitute:

        (1)         Subject to this section, the shopkeeper of a shop situated in the Greater Adelaide Shopping District may open the shop—

            (a)         until 9.00 p.m. on every weekday; and

            (b)         until 5.00 p.m. on a Saturday; and

            (c)         from 9.00 a.m. to 5.00 p.m. on a Sunday,

but is not entitled to open the shop on 1 January, Easter Sunday, 25 December or any other day that is a public holiday in any year.

        (2)         Despite subsection (1)

(but subject to subsections (5aa), (5a), (5b) and (5e)), the shopkeeper of a shop situated in the Greater Adelaide Shopping District may open the shop—

            (a)         until 5.00 p.m. on the day after Good Friday in each year; and

            (b)         if the business of the shop is not wholly or predominantly the sale of foodstuffs—from 9.00 a.m. to 5.00 p.m. on 26 December in each year; and

            (c)         until midnight on the day after the fourth Thursday in November in each year; and

            (d)         until midnight on no more than 3 weekdays during the period commencing on 11 December and ending on 23 December in each year (being days specified by the Minister by notice in the Gazette); and

            (e)         from 9.00 a.m. to 5.00 p.m. on any additional public holiday; and

            (f)         if the shop is situated in the Central Business District (CBD) Tourist Precinct—

                  (i)         from 11.00 a.m. to 5.00 p.m. on a public holiday (not being a public holiday referred to in a preceding paragraph) other than Good Friday, 25 December and 25 April; and

                  (ii)         from 12 noon to 5.00 p.m. on 25 April.

        (3)         The Minister must publish the notice referred to in subsection (2)(d)

on or before 1 November in each year (after consulting with interested parties in such manner as the Minister thinks fit).

        (4)         Subject to this section, the shopkeeper of a shop situated in a shopping district outside the Greater Adelaide Shopping District may open the shop—

            (a)         until 6.00 p.m. on every weekday other than a Thursday; and

            (b)         until 9.00 p.m. on a Thursday; and

            (c)         until 5.00 p.m. on a Saturday,

but is not entitled to open the shop on 1 January, Easter Sunday, 25 December, 26 December or any other day that is a public holiday in any year.

        (2)         Section 13(5d)—delete "subsection (1), (2), (5aa) or (7)" and substitute:

subsection (1), (2) or (5aa)

        (3)         Section 13(5e)—delete "subsection (1), (2), (5) or (5aa)" and substitute:

subsection (1), (2), (4) or (5aa)

        (4)         Section 13(5e)—delete "Sunday or"

        (5)         Section 13(6), (6a) and (7)—delete subsections (6), (6a) and (7) and substitute:

        (6)         In this section—

"additional public holiday" means any of the following:

            (a)         a Monday that is a public holiday by virtue of section 3(1)(b) of the Holidays Act 1910

;

            (b)         a Tuesday that is a public holiday by virtue of section 3(2)(b) of the Holidays Act 1910

.

Note—

The requirements of this section will not apply to exempt shops as defined in section 4(1).