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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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PART 5A - (Repealed)
PART 5B - (Repealed)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
- 54 Application of amended s 31B—Easter Sunday
- 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)