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TRADING (ALLOWABLE HOURS) ACT 1990 - As at 30 March 2018 - Act 34 of 1990

- As at 30 March 2018 - Act 34 of 1990

Table of Provisions

PART 1 - PRELIMINARY

  • 1 Short title
  • 2 Commencement
  • 3 Objects of Act
  • 1.4. (Repealed) 1.5. (Repealed) 1.6. (Repealed)

PART 2 - INTERPRETATION

PART 3 - ADMINISTRATION

  • 7 Confidentiality
  • 8 Industrial inspector’s powers of investigation and enforcement
  • 9 Limitation on authority to enter
  • 10 Duty of industrial inspector
  • 11 Duty of occupier etc. to assist industrial inspector
  • 12 Protection from self-incrimination
  • 13 Protection from liability
  • 14. (Repealed) 3.10. (Repealed) 3.11. (Repealed) 15. (Repealed)

PART 4 - TRADING HOURS IN SHOPS

Division 1 - Application of part

  • 16 Cases where this part not applicable

Division 2 - Non-exempt shops

Subdivision 1 - Preliminary
  • 16A Definitions for division
  • 16B Shops to be closed other than during permitted trading hours
  • Subdivision 2 - Core trading hours
  • 16C Application of subdivision
  • 16D Shops other than hardware shops and shops selling motor vehicles or caravans
  • 16E Hardware shops
  • 16EA Shops selling motor vehicles or caravans
  • Subdivision 3 - Extended trading hours
  • 16EB Application of subdivision
  • 16F Christmas trading hours—general
  • 16G 24-hour Christmas trading for particular shops

Division 3 - Independent retail shops

  • 17 Closure of independent retail shops

Division 4 - Other provisions

18. (Repealed)

PART 5 - ORDERS CONCERNING NON-EXEMPT SHOPS

  • 21 Trading hours orders on non-exempt shops
  • 22. (Repealed)
  • 23 Powers and procedures relevant to proceedings under s 21
  • 23A Reference to full bench
  • 24 Industrial commission hearings
  • 25 Leave may be granted by industrial commission
  • 26 Matters relevant to s 21 order
  • 27 Summary dismissal of application
  • 28. (Repealed) 29. (Repealed)
  • 31 Cancellation of obsolete orders

PART 5A - (Repealed)

PART 5B - (Repealed)

PART 6 - ANZAC DAY PROVISIONS

  • 32 Meaning of Anzac Day
  • 33 Anzac Day a holiday for all employees
  • 34 Real estate sales prohibited
  • 35 Closure of places of public amusement
  • 36 Closure of other places

PART 7 - OFFENCES AND PROCEEDINGS

  • 36A Protection for employees—extended hours under Trading (Allowable Hours) Amendment Act 2002
  • 36AA Protection for employees—Liquor and Other Legislation Amendment Act 2017
  • 36B Protection for employees—extended hours under Trading (Allowable Hours) Amendment Act 2017
  • 36C Injunction to enforce observance of trading hours
  • 37 Soliciting business to be transacted outside trading hours
  • 38 Certain persons not to be employed as watchpersons
  • 39 Obstruction of industrial inspector
  • 40 Forgery etc.
  • 41 General offence
  • 42 Quantum of pecuniary penalty
  • 43 Manner of proceedings under Act
  • 44 Parties to offences
  • 45 Liability for offence committed by employee
  • 46 Evidentiary provisions

PART 7A - MISCELLANEOUS PROVISIONS

  • 46A Publication of particular repealed orders
  • 46B Review of Act
  • 47 Regulations

PART 8 - TRANSITIONAL PROVISIONS

Division 1 - Transitional provision for Act No. 23 of 1994

  • 48 Extension of trading hours does not affect pay rates

Division 2 - Transitional provision for Electrical Safety and Other Legislation Amendment Act 2009

  • 49 Notifications published in industrial gazette

Division 3 - Transitional provisions for Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013

  • 50 Definitions for div 3
  • 51 Proceedings started before commencement
  • 52 Special exhibition orders

Division 4 - Transitional provision for Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2015

  • 53 Referral by vice-president

Division 5 - Transitional provision for Liquor and Other Legislation Amendment Act 2017

  • 54 Application of amended s 31B—Easter Sunday

Division 6 - Transitional provisions for Trading (Allowable Hours) Amendment Act 2017

  • 55 Definitions for division
  • 56 Shops in Mossman and Port Douglas Tourist Area
  • 57 Repeal of existing orders
  • 59 Moratorium on trading hours orders and restriction on making applications
  • 60 Existing applications for orders under former s 21
  • 61 Existing appeals against decisions on applications for orders under former s 21
  • 62 Restriction on starting appeal if decision made before commencement
  • 62A Particular orders required to be approved by regulation
  • 63 Applications and appeals relating to orders under former s 22

PART 9 - (Repealed)

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