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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
TRADING (ALLOWABLE
HOURS) AMENDMENT
BILL 2002
Queensland
TRADING (ALLOWABLE HOURS)
AMENDMENT BILL 2002
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of s 3 (Objects of Act). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
6 Amendment of s 26 (Matters relevant to s 21 order). . . . . . . . . . . . . . . . . . . 4
7 Insertion of new pt 5A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
PART 5A--TRADING HOURS FOR SOUTH-EAST QUEENSLAND
AREA
31A Industrial commission decision of no effect . . . . . . . . . . . . . . . . . . . 5
8 Insertion of new s 31B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
31B Industrial commission order amended . . . . . . . . . . . . . . . . . . . . . . . . 5
2002
A BILL
FOR
An Act to amend the Trading (Allowable Hours) Act 1990
s1 4 s6
Trading (Allowable Hours) Amendment Bill 2002
The Parliament of Queensland enacts-- 1
1 Short title
Clause 2
This Act may be cited as the Trading (Allowable Hours) Amendment
Act 2002. 1
2 Commencement
Clause 2
(1) Section 7 commences on assent. 3
(2) The remaining provisions commence on 1 August 2002. 4
3 Act amended
Clause 5
This Act amends the Trading (Allowable Hours) Act 1990. 6
4 Amendment of title
Clause 7
Title, `regulate'-- 8
omit, insert-- 9
`decide'. 10
5 Amendment of s 3 (Objects of Act)
Clause 11
Section 3(a) and (b), `regulate'-- 12
omit, insert-- 13
`decide'. 14
6 Amendment of s 26 (Matters relevant to s 21 order)
Clause 15
(1) Section 26(g)-- 16
renumber as section 26(i). 17
(2) Section 26-- 18
insert-- 19
s7 5 s8
Trading (Allowable Hours) Amendment Bill 2002
`(g) the likely impact of the order on employment; 1
(h) the view of any local government in whose area the order is 2
likely to have an impact;'. 3
7 Insertion of new pt 5A
Clause 4
After section 31-- 5
insert-- 6
`PART 5A--TRADING HOURS FOR SOUTH-EAST 7
QUEENSLAND AREA 8
`31A Industrial commission decision of no effect 9
`(1) This section applies to the decision of the full bench of the industrial 10
commission made on 21 December 2001 in the matter of Retailers' 11
Association of Queensland Limited, Union of Employers and Queensland 12
Retail Traders and Shopkeepers Association (Industrial Organisation of 13
Employers) and Others (No. B810 of 2001) 169 QGIG 48. 14
`(2) Any order about trading hours arising from the decision has no 15
effect.'. 16
8 Insertion of new s 31B
Clause 17
Part 5A-- 18
insert-- 19
`31B Industrial commission order amended 20
`(1) This section applies to the trading hours order, other than 21
schedule 4. 22
`(2) For the south-east Queensland area, the order is taken to prescribe 23
that the permissible trading hours on a Sunday or public holiday, other than 24
a closed day, are-- 25
(a) opening time--9 a.m.; and 26
(b) closing time--6 p.m. 27
`(3) Subsection (2) applies despite any other provision of the order in 28
force immediately before the commencement of this section. 29
s8 6 s8
Trading (Allowable Hours) Amendment Bill 2002
`(4) As soon as practical after this section commences, the industrial 1
registrar must amend the order to agree with subsection (2). 2
`(5) Despite subsection (2), the order as affected by subsection (2) and 3
amended by the industrial registrar is taken to be an order of the industrial 4
commission for the purposes of the future application of section 21. 5
`(6) However, the industrial commission must not make an order 6
prescribing for the south-east Queensland area an opening time later than 7
9 a.m., or a closing time earlier than 6 p.m., on a Sunday or public holiday. 8
`(7) For the south-east Queensland area, the permissible trading hours on 9
a Sunday or public holiday are not allowable trading hours for the 10
definition "core trading hours" in the Retail Shop Leases Act 1994, 11
section 51.1 12
`(8) In this section-- 13
"Brisbane statistical division" means the Brisbane statistical division 14
defined in the 2001 edition of the Australian Standard Geographical 15
Classification (Cat. No. 1216.0) published by the Australian Bureau of 16
Statistics. 17
"closed day" means-- 18
(a) Good Friday; or 19
(b) Easter Sunday; or 20
(c) 25 April (Anzac Day); or 21
(d) the Labour Day public holiday; or 22
(e) 25 December (Christmas Day). 23
"existing Sunshine Coast area" means the Sunshine Coast Area defined 24
in the order. 25
"permissible trading hours" means the permissible trading hours 26
mentioned in the order. 27
"south-east Queensland area" means-- 28
(a) the existing Sunshine Coast area; and 29
(b) the area east of the Bruce Highway between the existing 30
Sunshine Coast area and the Brisbane statistical division; and 31
1 Section 51 (Definitions)
s8 7 s8
Trading (Allowable Hours) Amendment Bill 2002
(c) the area occupied by non-exempt shops fronting onto the western 1
side of the Bruce Highway between the existing Sunshine Coast 2
area and the Brisbane statistical division; and 3
(d) the Brisbane statistical division; and 4
(e) the local government area for the Gold Coast City Council that is 5
not included in the Brisbane statistical division; and 6
(f) the islands in the coastal waters of the State east of the areas 7
mentioned in paragraphs (a) to (e) that are not included in the 8
Brisbane statistical division. 9
"trading hours order" means the order titled `Trading 10
Hours--Non-exempt Shops Trading by Retail--State' made by the 11
industrial commission on 27 November 1992, as amended from time 12
to time.'. 13
© State of Queensland 2002
Authorised by the Parliamentary Counsel
and printed by the Government Printer
AMENDMENTS TO BILL
1
Trading (Allowable Hours) Amendment Bill 2002
TRADING (ALLOWABLE HOURS)
AMENDMENT BILL 2002
AMENDMENTS AGREED TO IN COMMITTEE
1 Clause 2--
At page 4, after line 3--
insert--
`(1A) Section 9 commences on a day to be fixed by proclamation.'.
2 After clause 8--
At page 7, after line 13--
insert--
`9 Insertion of new s 36A
Part 7, before section 37--
insert--
`36A Protection for current employees
`(1) An employer must not require a current employee to work during
extended hours unless the employee agrees, in writing, to work during
extended hours.
Maximum penalty--
(a) for a first offence--16 penalty units; or
(b) for a second or subsequent offence--20 penalty units.
`(2) However, subsection (1) does not apply in relation to a current
employee if--
(a) an industrial instrument provides arrangements under which the
employee may refuse or agree to work during extended hours;
and
2
Trading (Allowable Hours) Amendment Bill 2002
(b) a regulation prescribes the industrial instrument as an approved
industrial instrument for this subsection.
`(3) In this section--
"agree" means agree for a stated period or for an indefinite period.
"closed day" see section 31B(8).
"current employee" means an employee who is employed in a
non-exempt shop immediately before 1 August 2002, other than in a
non-exempt shop for which the permissible trading hours immediately
before 1 August 2002 include trading hours on a Sunday or public
holiday, other than a closed day.
"employer" means an employer of an employee employed in a
non-exempt shop.
"extended hours" means the permissible trading hours on a Sunday or
public holiday, other than a closed day.
"industrial instrument" means an award or certified agreement within the
meaning of the Industrial Relations Act 1999.
"non-exempt shop" means a non-exempt shop in the south-east
Queensland area.
"permissible trading hours" see section 31B(8).
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