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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Shops and Industries Amendment
(Special Shop Closures) Bill 2004
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Shops and Industries Act 1962 No 43 2
Schedule 1 Amendment 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2004
New South Wales
Shops and Industries Amendment
(Special Shop Closures) Bill 2004
Act No , 2004
An Act to amend the Shops and Industries Act 1962 with respect to the closure of
certain shops on Saturday 25 December 2004 and on Sunday 26 December 2004.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Shops and Industries Amendment (Special Shop Closures) Bill 2004
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Shops and Industries Amendment (Special Shop
Closures) Act 2004.
2 Commencement
This Act commences on the date of assent to this Act.
3 Amendment of Shops and Industries Act 1962 No 43
The Shops and Industries Act 1962 is amended as set out in Schedule 1.
Page 2
Shops and Industries Amendment (Special Shop Closures) Bill 2004
Amendment Schedule 1
Schedule 1 Amendment
(Section 3)
Sections 89E and 89F
Insert after section 89D:
89E Shops to be kept closed on Christmas Day 2004
(1) Shops (other than scheduled shops and small shops) are to be kept
closed on Saturday 25 December 2004.
(2) This section has effect despite:
(a) any exemption granted under section 78A or 89B, or
(b) any order made under section 85 (2),
before or after the commencement of this section.
(3) This section is repealed at the beginning of 27 December 2004.
89F Shops to be kept closed on Boxing Day 2004 except in limited
circumstances
(1) Shops (other than scheduled shops and small shops) are to be kept
closed on Sunday 26 December 2004, except as provided by
subsection (2).
(2) A shop (other than a scheduled shop or a small shop) is permitted
to open on Sunday 26 December 2004 if the following conditions
are satisfied:
(a) the shop is located in an area or part of an area that is
subject to an exemption under section 89B in force
immediately before the commencement of this section that
would, but for this section, allow the shop to open on
Sunday 26 December 2004,
(b) the shop opens only in accordance with the conditions of
the exemption,
(c) the shop is staffed on that day only by persons who have
freely elected to work on the day, without any coercion,
harassment, threat or intimidation by their employer.
(3) For the purposes of subsection (2) (c), a person is not taken to
have freely elected to work on Sunday 26 December 2004 merely
because that person is rostered to work on that day.
Page 3
Shops and Industries Amendment (Special Shop Closures) Bill 2004
Schedule 1 Amendment
(4) This section has effect despite:
(a) any exemption granted under section 78A or 89B, or
(b) any order made under section 85 (2),
before or after the commencement of this section.
(5) This section is repealed at the beginning of 27 December 2004.
Page 4
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