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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Shop Trading Reform (Simplification) Act 2003
Victorian Legislation and Parliamentary Documents
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Definitions 2
4. New section 4 substituted 2
4. Exempt shops 2
5. New Part 2A inserted 4
PART 2A--ENFORCEMENT 4
6A. Appointment of inspectors 4
6B. Inspector's identity card 4
6C. Production of identity card 4
6D. Inspector may seek Court order 5
6E. Entry of premises open to the public 7
6F. Protection against self-incrimination 7
6G. Confidentiality 7
6. Retail premises leases 8
7. Consequential amendments--prosecutions and restraining orders 8
8. Regulations prescribing shops to be exempt 9
9. Repeal of spent provisions 9
10. Consequential repeal of Schedule 1 9
ENDNOTES 10
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PARLIAMENT OF VICTORIA
Initiated in Assembly 5 November 2003
Victorian Legislation and Parliamentary Documents
A BILL
to amend the Shop Trading Reform Act 1996 to simplify the
management and enforcement of shop trading in Victoria and for other
purposes.
Shop Trading Reform (Simplification)
Act 2003
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Shop Trading Reform Act 1996 to simplify the
management and enforcement of shop trading in
5 Victoria.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
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Shop Trading Reform (Simplification) Act 2003
s. 3
Act No.
3. Definitions
See: In section 3(1) of the Shop Trading Reform Act
Act No.
Victorian Legislation and Parliamentary Documents
1996--
38/1996.
Reprint No. 2
(a) for the definition of "exempt shop"
as at
5 1 May 2003.
substitute--
LawToday:
www.dms.
' "exempt shop" means a shop referred to in
dpc.vic.
section 4;';
gov.au
(b) for the definition of "shop" substitute--
' "shop" means the whole or any part of a
10 building, structure or place or any
vehicle--
(a) that is used wholly or
predominantly for the retail sale of
goods; and
15 (b) in or at which goods are sold or
exposed or offered for sale by
retail on one or more occasions;';
(c) insert the following definitions--
' "inspector" means an inspector appointed
20 under section 6A;
"Secretary" means the Secretary to the
Department of Innovation, Industry and
Regional Development;'.
4. New section 4 substituted
25 For section 4 of the Shop Trading Reform Act
1996 substitute--
"4. Exempt shops
(1) A shop is an exempt shop if the predominant
business carried on in the shop is that of--
30 (a) a chemist shop; or
(b) a petrol shop; or
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Shop Trading Reform (Simplification) Act 2003
s. 4
Act No.
(c) an eating-house, restaurant, cafe or any
other shop that sells cooked or prepared
meals that are ready to eat on the
Victorian Legislation and Parliamentary Documents
premises or to be consumed off the
5 premises; or
(d) a prescribed kind.
(2) A shop is also an exempt shop at a particular
time if--
(a) the number of persons employed and
10 working in a business carried on in the
shop at that time does not exceed 20;
and
(b) at any time within the period of 7 days
before that time, the number of persons
15 employed by the occupier of the shop
and working in any business carried on
in shops of any kind in Victoria does
not exceed 100.
(3) The number of persons employed for the
20 purposes of sub-section (2)(b)--
(a) if the occupier of the shop is a body
corporate, is to include the persons--
(i) employed in shops of any kind in
Victoria by a body corporate that
25 is, by reason of the Corporations
Act, related to that body
corporate; and
(ii) working in any business carried
on in those shops;
30 (b) is to be calculated by dividing the total
number of the hours worked by all
persons employed and working in the
business carried on in those shops
during the relevant period by 38.".
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5. New Part 2A inserted
After Part 2 of the Shop Trading Reform Act
Victorian Legislation and Parliamentary Documents
1996 insert--
"PART 2A--ENFORCEMENT
5 6A. Appointment of inspectors
The Secretary may, by instrument, appoint as
inspectors any employees employed under
Part 3 of the Public Sector Management
and Employment Act 1998.
10 6B. Inspector's identity card
(1) The Secretary must issue an identity card to
each inspector.
(2) An identity card must contain--
(a) a photograph and the name or
15 identifying number of the inspector to
whom it is issued; and
(b) the name of the agency established
under the Public Sector Management
and Employment Act 1998 in which
20 the inspector is employed.
6C. Production of identity card
An inspector must produce his or her identity
card for inspection--
(a) before exercising a power under a
25 Court order made under section 6D
other than a requirement made by post;
and
(b) at any time during the exercise of a
power under a Court order made under
30 section 6D, if asked to do so.
Penalty: 10 penalty units.
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6D. Inspector may seek Court order
(1) If an inspector believes, on reasonable
Victorian Legislation and Parliamentary Documents
grounds, that a person or persons may have
contravened this Act, the inspector, with the
5 written approval of the Secretary, may apply
to the Magistrates' Court for an order
requiring any person at a time and place
specified by an inspector--
(a) to answer orally or in writing any
10 questions put by an inspector in relation
to the alleged contravention;
(b) to supply orally or in writing
information required by an inspector in
relation to the alleged contravention;
15 (c) to produce to an inspector specified
documents or documents of a specified
class relating to the alleged
contravention.
(2) If the Magistrates' Court is satisfied on the
20 basis of evidence presented by the inspector
that there are reasonable grounds to believe
that a person or persons may have
contravened this Act, the Court may grant
the order sought.
25 (3) An order under this section must state a day,
not later than 28 days after the making of the
order, on which the order ceases to have
effect.
(4) If any documents are produced to an
30 inspector under an order made under this
section the inspector may--
(a) inspect the documents or authorise a
person to inspect the documents;
(b) make copies of or take extracts from
35 the documents;
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(c) seize the documents if the inspector
considers the documents necessary for
the purpose of obtaining evidence for
Victorian Legislation and Parliamentary Documents
the purpose of any proceedings against
5 any person under this Act;
(d) secure any seized documents against
interference;
(e) retain possession of the documents in
accordance with this Part.
10 (5) An inspector who executes an order under
this section must as soon as practicable after
that execution notify the Magistrates' Court
in writing of--
(a) the time and place of execution; and
15 (b) the documents or classes of documents
seized; and
(c) if documents were seized under sub-
section (4)(c) in respect of a
contravention other than a
20 contravention for which the order was
granted, the contravention in respect of
which the documents were seized.
(6) The Magistrates' Court may direct the
inspector to bring before the Court a
25 document to which sub-section (5)(c) applies
so that the matter may be dealt with
according to law.
(7) The Magistrates' Court may direct that a
document brought before it under sub-
30 section (6) be returned to its owner, subject
to any condition the Court thinks fit, if in the
opinion of the Court it can be returned
consistently with the interests of justice.
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6E. Entry of premises open to the public
An inspector may do either or both of the
Victorian Legislation and Parliamentary Documents
following--
(a) enter and inspect any part of premises
5 which are, at the time of the entry and
inspection, open to the public;
(b) purchase goods at the premises at such
a time and at such a price at which they
are available to the public to purchase.
10 6F. Protection against self-incrimination
(1) It is a reasonable excuse for a natural person
to refuse or fail to give information or do any
other thing that the person is required to do
by or under this Part, if the giving of the
15 information or the doing of that other thing
would tend to incriminate the person.
(2) Despite sub-section (1), it is not a reasonable
excuse for a natural person to refuse or fail to
produce a document that the person is
20 required to produce by or under this Part, if
the production of the document would tend
to incriminate the person.
6G. Confidentiality
(1) An inspector must not, except to the extent
25 necessary to carry out the inspector's
functions under this Part, give to any other
person, whether directly or indirectly, any
information acquired by the inspector in
carrying out those functions.
30 Penalty: 60 penalty units.
(2) Sub-section (1) does not apply to the giving
of information--
(a) to a court or tribunal in the course of
legal proceedings; or
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(b) pursuant to an order of a court or
tribunal; or
Victorian Legislation and Parliamentary Documents
(c) to the extent reasonably required to
enable the investigation or the
5 enforcement of a law of this State or of
any other State or Territory or of the
Commonwealth; or
(d) with the written authority of the
Secretary; or
10 (e) with the written authority of the person
to whom the information relates.".
6. Retail premises leases
In section 7(1) and (2) of the Shop Trading
Reform Act 1996--
15 (a) for "a shop" substitute "retail premises
within the meaning of the Retail Leases Act
2003";
(b) for "the shop to" substitute "the premises
to";
20 (c) for "the shop is" substitute "the premises
are".
7. Consequential amendments--prosecutions and
restraining orders
(1) In section 8(1)(e) of the Shop Trading Reform
25 Act 1996--
(a) sub-paragraph (iii) is repealed;
(b) in sub-paragraph (v), omit "or services".
(2) For section 9(2)(a)(i) of the Shop Trading
Reform Act 1996 substitute--
30 "(i) the Secretary; or".
8
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8. Regulations prescribing shops to be exempt
After section 11(2) of the Shop Trading Reform
Victorian Legislation and Parliamentary Documents
Act 1996 insert--
"(3) The Minister may only recommend the
5 making of regulations prescribing a kind of
business for the purposes of section 4(1)(d) if
the business is one of selling goods that, in
the opinion of the Minister, are essential
goods.".
10 9. Repeal of spent provisions
Sections 12, 13 and 14 of the Shop Trading
Reform Act 1996 are repealed.
10. Consequential repeal of Schedule 1
Schedule 1 to the Shop Trading Reform Act
15 1996 is repealed.
9
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Shop Trading Reform (Simplification) Act 2003
Endnotes
Act No.
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
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