Queensland: Trading (Allowable Hours) Act 1990 (Qld)

Trading (Allowable Hours) Act 1990 An Act to decide the trading hours of shops and for related purposes Part 1 Preliminary 1 Short title This Act may be cited as the Trading (Allowable Hours) Act 1990. 2 Commencement (1) Section 1 and this section commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), the provisions of this Act, commence on a day appointed by proclamation. 3 Objects of Act The objects of this Act include— (a) to decide the allowable trading hours of non-exempt shops and independent retail shops throughout Queensland; (b) to require employees be given a holiday for, and to decide when certain places must close on, Anzac Day; (c) to provide for closure of banks and insurance companies on bank holidays; (d) to prohibit soliciting in any publication for business to be transacted outside allowable trading hours at any factory or shop; (e) to facilitate trading in tourist areas. 1.4 [Repealed] 1.5 [Expired] 1.6 [Repealed] Part 2 Interpretation 4 Definitions The dictionary in schedule 1 defines particular words used in this Act. 5 Exempt shops (1) An exempt shop is— (a) a shop of a description mentioned in schedule 1AA used predominantly for selling goods by retail, or for supplying services, a reasonable person would expect to be sold or supplied in that shop; or (b) an independent retail shop; or (c) a shop operating in an area to which a special event declaration applies. (2) A class of shop may be declared for the purposes of schedule 1AA, item 23 by reference to— (a) the business conducted in shops of the class; or (b) the location of shops within any area or areas of the State defined in the relevant regulation; or (c) such other criteria as the Governor in Council thinks fit. (3) In respect of the sale of goods wholesale in an exempt shop the provisions of this Act apply to the shop and a reference in this Act to an exempt shop does not include the shop. 6 Independent retail shops (1) Subject to subsections (2) and (3), an independent retail shop is a shop where— (a) the business for which the shop is maintained is wholly owned by a person, or by persons in partnership, or by a proprietary company within the meaning of the Corporations Act, section 9, that is not a related body corporate under the Corporations Act, section 50; and (b) the number of persons engaged at any one time in the shop (including an owner of the business) does not exceed 30; and (c) the number of persons at any one time engaged by the owner of the business (including an owner of the business) in that and any other shop or shops (exempt or non-exempt) in the State does not exceed 100; and (d) the business for which the shop is maintained is not conducted in a shop, or part thereof, used for the conduct of business of a non-exempt shop at a time when the non-exempt shop is required by or under this Act to be closed. (2) A shop is not an independent retail shop if— (a) it is an exempt shop mentioned in section 5(1)(a) or (c); (b) it is an office; (c) the business of the shop is, wholly or partly— (i) the selling of goods wholesale; (ii) the selling of motor vehicles or caravans; (d) it is a stall in a market. (3) If business is conducted in 2 or more areas within a building in such circumstances that it would be reasonable to believe that the business in each such area is part of 1 business conducted by any 1 person, or persons in partnership, none of such areas is an independent retail shop unless all areas together would constitute an independent retail shop as defined by subsection (1) if such belief were correct. (4) Each of the following circumstances is evidence of the reasonableness of a belief such as is referred to in subsection (3)— (a) the absence of walls, or fixed partitions, from floor to ceiling, defining the limits of one area used for trade in relation to another area used for trade; (b) the availability of access from one area used for trade to another area used for trade, without the need to pass through common area; (c) the availability of access from one area used for trade to another area used for trade through common area, without the need to pass through a structurally defined exit or entrance; (d) the making of financial arrangements in relation to trade in any area at a location used for making such arrangements in relation to— (i) trade in that area; and (ii) trade in any other area; (e) the use of a common accounting system in respect of 2 or more areas; (f) the use of any advertising device, or means of advertising, that does not indicate that business conducted in each of 2 or more areas is conducted by a different proprietor. (5) For the purpose of applying subsection (3) in a particular case— (a) it is not necessary that any person has formed a belief, such as is referred to in that subsection; (b) subsection (4) is not to be construed as exhaustive of circumstances evidencing reasonableness of a belief, such as is referred to in subsection (3), which could be formed. 3.1 [Repealed] Part 3 Administration 7 Confidentiality An industrial inspector or officer appointed for the purposes of this Act is not to disclose to any person information that the inspector or officer has acquired in exercise of powers or performance of duties under this Act or by virtue of holding any appointment unless— (a) the disclosure is for the purposes of this Act and in the proper performance of the duties of office; or (b) the disclosure is made with the Minister's permission first obtained; or (c) the disclosure is in accordance with an order of a court for the purposes of proceedings before that or another court or before a tribunal constituted according to law. 8 Industrial inspector's powers of investigation and enforcement (1) An industrial inspector is authorised— (a) subject to section 9, to enter, inspect and examine at any time any place— (i) used or intended to be used, or which the inspector reasonably suspects to be used or intended to be used, as a shop; or (ii) in which, or in respect of which, the inspector reasonably suspects that a person is contravening or failing to comply with any provision of this Act or of an industrial commission order; and therein to carry out such investigation as the inspector considers necessary for the purposes of this Act; (c) to question with respect to matters relevant to this Act any person found in any place entered, or any person whom the inspector reasonably believes to be an occupier of such place, or to be or to have been an employee of such an occupier and to require such person to answer truthfully the questions put and to sign a declaration of the truth of the answers given; (d) to make such investigations, inquiries and examinations as the inspector considers to be necessary to ascertain whether the provisions of this Act, or of an industrial commission order, are being complied with; (e) at any time during the hours when business is, or may be, conducted in any place subject to an industrial commission order to require an occupier of the place to produce for the inspector's examination all or any time sheets, pay sheets or other records relating to persons employed by the occupier, and to examine and to make copies of or extracts from time sheets, pay sheets or other records; (f) to require a person whom the inspector reasonably suspects to have possession or control of records relating to— (i) conferral of entitlements to occupy, or to conduct business in, any areas within a building; (ii) the identity of the proprietors of businesses conducted in any areas within a building; (iii) financial arrangements suspected to exist between proprietors of businesses conducted in any areas within a building, or between such proprietors and— (A) the owner of the building; (B) the occupier of the whole building; (C) the person by whom such entitlements were conferred; to produce for the inspector's examination such records, which the inspector is authorised to examine and make copies or extracts thereof as the inspector thinks fit; (g) to require a person whom the inspector finds committing, or whom the inspector reasonably suspects to have committed, an offence against this Act, or whom the inspector is authorised to question, or whose name and address is, in the inspector's opinion, reasonably required for the purposes of this Act, to state the person's name and address and, if the inspector reasonably suspects the name or address stated to be false, to require evidence of the correctness thereof; (h) to institute and conduct proceedings in the industrial court, industrial commission or an Industrial Magistrates Court for the purposes of this Act. (2) The authority conferred on an industrial inspector to question an employee of any person includes authority to question the employee out of the presence and hearing of the employer or of any supervisor, deputy, manager or superior officer, or any other employee with respect to any matter. 9 Limitation on authority to enter (1) The authority conferred by section 8 on an industrial inspector to enter a place does not include authority to enter premises used as a private dwelling house unless— (a) the person apparently in charge of the premises consents to the inspector's entry; or (b) the inspector has the prescribed warrant to enter the premises, which is in force, and, if requested to do so, produces the warrant for examination by the person apparently in charge of the premises. (2) Any justice who is satisfied on the complaint in writing of an industrial inspector that the inspector reasonably believes premises to be such that, but for the absence of a warrant to enter, an industrial inspector is authorised by this Act to enter therein may issue a warrant directed to the inspector to enter the premises for the purpose of exercising authority conferred on an industrial inspector by this Act. (3) A warrant issued under subsection (2) remains in force for a period of 1 month following the date of its issue, and is lawful authority— (a) to the inspector to whom it is directed and anyone helping the inspector to enter the premises specified in the warrant; and (b) to the inspector to whom it is directed to exercise in respect of the premises specified in the warrant the authorities conferred on an industrial inspector by this Act. (4) In this section— private dwelling house does not include— (a) any part of premises that is not used exclusively for the purpose of private residence; or (b) the curtilage of any premises. 10 Duty of industrial inspector (1) It is the duty of every industrial inspector to secure compliance with the provisions of this Act or of any industrial commission order. (2) An industrial inspector, other than the chief industrial inspector, is to report to the chief industrial inspector any breach of a provision of this Act or of an industrial commission order that comes to the inspector's knowledge. 11 Duty of occupier etc. to assist industrial inspector A person who is an occupier of a factory, shop or place of public amusement, or is entitled to immediate possession thereof, and an agent or employee of any such person, is to furnish to an industrial inspector— (a) such reasonable assistance; (b) such information that is within the person's, agent's or employee's capacity to furnish; as the inspector lawfully requires to assist the inspector in the exercise of the powers of an industrial inspector or the performance of the duties of an industrial inspector under this Act. 12 Protection from self-incrimination Notwithstanding any other provision of this Act, a person is not required to answer a question put by an industrial inspector, or other person, for the purposes of this Act, if the answer would incriminate the person to whom the question is put in any offence. 13 Protection from liability (1) In this section— official means— (a) the Minister; or (b) an industrial inspector. (2) An official is not civilly liable for an act or omission done honestly and without negligence under this Act. (3) If subsection (2) prevents civil liability attaching to an official, the liability attaches to the State instead. 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 (1) The provisions of this part do not apply in respect of a place that is a shop only because it is an office and a reference in this part to employment in or in connection with the business of a shop does not include reference to employment in an office although the office premises may be part of the shop premises. (2) The provisions of this part do not apply so as to prohibit or restrict the selling by auction in a shop on a day, other than a Sunday or public holiday, at any time after closing time on that day fixed by or under this Act in relation to a shop of the description of that shop, of wool or tobacco leaf by reference to catalogues after inspection of the wool or tobacco leaf. Division 2 Non-exempt shops Subdivision 1 Preliminary 16A Definitions for division In this division— 2017 trading hours order means the order titled 'Trading Hours—Non-exempt Shops Trading by Retail—State' made by the industrial commission under section 21 on 27 November 1992, as it was in effect immediately before the commencement of the Trading (Allowable Hours) Amendment Act 2017. Notes— 1 The 2017 trading hours order was repealed on the commencement of the Trading (Allowable Hours) Amendment Act 2017—see section 57. 2 The 2017 trading hours order can be viewed on the QIRC website—see section 46A. closed day means any of the following days— (a) Good Friday; (b) Anzac Day (25 April); (c) Labour Day (the first Monday in May); (d) Christmas Day (25 December). hardware shop means a shop the business of which is, wholly or partly, the supply of— (a) construction materials, tools, fittings and other appropriate products and equipment to— (i) builders, associated tradespeople, contractors or sub-contractors engaged in the building industry; or (ii) the general public; or (b) similar products appropriate for home improvement purposes to the general public. 16AA References to particular areas (1) This section applies to a reference in this division to any of the following areas— (a) Area of New Farm of Inner City of Brisbane; (b) Gold Coast Coastal Tourist Area; (c) Hamilton North Shore Area; (d) Mossman and Port Douglas Tourist Area; (e) South-East Queensland Area; (f) The Cairns CBD Area; (g) The Great Barrier Reef Wonderland Tourist Complex; (h) Townsville Tourist Area. (2) Also, this section applies to a reference in schedule 1AB to an area. (3) The reference is a reference to the area within the meaning of the 2017 trading hours order. (4) However, to the extent the area is the subject of a trading area order that is inconsistent with the 2017 trading hours order— (a) the trading area order prevails; and (b) the reference to the area must, to the extent the context permits, be interpreted consistently with the trading area order. 16B Shops to be closed other than during permitted trading hours (1) A non-exempt shop must be closed on a particular day other than during the shop's core trading hours under subdivision 2 for the day or, if relevant, the extended trading hours under subdivision 3. (2) The occupier of a non-exempt shop must ensure subsection (1) is complied with for the shop. Maximum penalty—40 penalty units. Subdivision 2 Core trading hours 16C Application of subdivision (1) This subdivision applies subject to subdivision 3, to the extent subdivision 3 provides for an earlier opening time, or a later closing time, on a particular day for a non-exempt shop. (2) However, if subdivision 3 applies to a non-exempt shop, the shop's closing time for 24 December is the closing time provided for under subdivision 3. 16D Shops other than hardware shops and shops selling motor vehicles or caravans (1) This section applies to a non-exempt shop, other than— (a) a hardware shop; and (b) a shop engaged in selling motor vehicles or caravans. (2) The shop's core trading hours are— Day Opening time Closing time Description of trading areas In type 1 trading areas Monday to Friday 6a.m. 10p.m. • Area of New Farm of Inner City of Brisbane • Gold Coast Coastal Tourist Area • Hamilton North Shore Area • Mossman and Port Douglas Tourist Area Note— See, however, section 65. • The Cairns CBD Area • The Great Barrier Reef Wonderland Tourist Complex • the Pacific Fair Shopping Centre located at Broadbeach Waters on the corner of Hooker Boulevard and Sunshine Boulevard • any other area declared in a trading area order to be a type 1 trading area Saturday 7a.m. 10p.m. Sunday and public holidays, other than closed days 7a.m. 9p.m. In type 2 trading areas Monday to Friday 7a.m. 9p.m. • the South-East Queensland Area, other than a part of the area that is a type 1 trading area • any other area declared in a trading area order to be a type 2 trading area Saturday 7a.m. 9p.m. Sunday and public holidays, other than closed days 9a.m. 6p.m. In type 3 trading areas Monday to Friday (a) if the shop is in the Townsville Tourist Area— 7a.m. 9p.m. • an area mentioned in schedule 1AB (b) otherwise —8a.m. • any other area declared in a trading area order to be a type 3 trading area Saturday 8a.m. 6p.m. Sunday and public holidays, other than closed days 9a.m. 6p.m. In type 4 trading areas Monday to Friday 8a.m. 9p.m. • any other area that is not a type 1, 2 or 3 trading area Saturday 8a.m. 6p.m. Sunday n/a n/a Public holidays, other than closed days 9a.m. 6p.m. (3) In this section— n/a means the shop is not permitted to open. Note— See also section 16AA in relation to the meaning of references to particular areas in this section and schedule 1AB. 16E Hardware shops (1) This section applies to a non-exempt shop that is a hardware shop. (2) The shop's core trading hours are— Day Opening time Closing time Description of trading areas In type 1 trading areas Monday to Friday 6a.m. 10p.m. a type 1 trading area mentioned in section 16D Saturday 6a.m. 10p.m. Sunday and public holidays, other than closed days 6a.m. 9p.m. In type 2 trading areas Monday to Friday 6a.m. 9p.m. a type 2 trading area mentioned in section 16D Saturday 6a.m. 9p.m. Sunday and public holidays, other than closed days 6a.m. 6p.m. In types 3 and 4 trading areas Monday to Friday 6a.m. 9p.m. a type 3 or 4 trading area mentioned in section 16D Saturday 6a.m. 6p.m. Sunday and public holidays, other than closed days 6a.m. 6p.m. 16EA Shops selling motor vehicles or caravans (1) This section applies to a non-exempt shop engaged in selling motor vehicles or caravans. (2) The shop's core trading hours are— Day Opening time Closing time If the shop sells motor vehicles but not caravans Monday to Friday 8a.m. 9p.m. Saturday 8a.m. (a) if the shop is in a prescribed area—6p.m. (b) otherwise—5p.m. Sunday n/a n/a Public holidays, other than closed days (a) if the shop is in a prescribed area—8a.m. (a) if the shop is in a prescribed area—6p.m. (b) otherwise—n/a (b) otherwise—n/a If the shop sells both caravans and motor vehicles Monday to Friday 8a.m. 9p.m. Saturday 8a.m. 5p.m. Sunday and public holidays, other than closed days n/a n/a If the shop sells caravans but not motor vehicles Monday to Friday 8a.m. 9p.m. Saturday 8a.m. 6p.m. Sunday and public holidays, other than closed days n/a n/a (3) In this section— n/a means the shop is not permitted to open. prescribed area means any of the following areas within the meaning of the repealed car yards order— (a) The Gold Coast Area; (b) Redcliffe Peninsula; (c) City of Brisbane Area; (d) City of Logan Area; (e) Town of Beenleigh Area; (f) Near North Coast Area; (g) Shire of Pine Rivers Area; (h) Redland Shire Area; (i) City of Ipswich. repealed car yards order means the order titled 'Trading Hours—Non-exempt Shops Selling Motor Vehicles—State' made by the industrial commission under section 21 on 8 December 1989, as it was in effect immediately before the commencement of the Trading (Allowable Hours) Amendment Act 2017. Notes— 1 The repealed car yards order was repealed on the commencement of the Trading (Allowable Hours) Amendment Act 2017—see section 57. 2 The repealed car yards order can be viewed on the QIRC website—see section 46A. Subdivision 3 Extended trading hours 16EB Application of subdivision This subdivision does not apply to a non-exempt shop engaged in selling motor vehicles or caravans. 16F Christmas trading hours—general (1) The extended trading hours for a non-exempt shop for Christmas are— Day Opening time Closing time the 3 Sundays before 18 December 8a.m. 6p.m. 18 to 23 December the shop's opening time under subdivision 2 midnight 24 December the shop's opening time under subdivision 2 6p.m. (2) This section does not apply to a non-exempt shop for a particular day if section 16G applies to the shop for that day. (3) If a non-exempt shop is not permitted to trade on a Sunday, a reference in subsection (1) to the shop's opening time under subdivision 2 is, if the day in question is a Sunday, taken to be a reference to 9a.m. 16G 24-hour Christmas trading for particular shops (1) This section applies to a shop in— (a) the Westfield Chermside shopping complex; or (b) the Westfield Garden City shopping complex. (2) The shop's extended trading hours for 23 and 24 December are— Day Opening time Closing time 23 December 8a.m. midnight 24 December 12a.m. 6p.m (3) In this section— Westfield Chermside shopping complex means the shopping complex located on the corner of Gympie Road and Hamilton Road, Chermside, Brisbane. Westfield Garden City shopping complex means the shopping complex located on the corner of Logan Road and Kessels Road, Upper Mount Gravatt, Brisbane. Division 3 Independent retail shops 17 Closure of independent retail shops (1) There is no prescribed opening time or prescribed closing time in relation to an independent retail shop except as prescribed by subsection (2). (2) The occupier of an independent retail shop, other than one used predominantly for the sale of food or groceries or both, is to cause the shop to be closed— (a) throughout the whole of 25 December in each year (Christmas Day) and Good Friday; (c) on 25 April in each year (Anzac Day) until 1p.m. (3) If, under the Holidays Act 1983, a day is to be observed as a public holiday in substitution for a day mentioned in subsection (2), the substitution of the day as a public holiday does not apply for the purposes of this section. Division 4 Other provisions 18 [Repealed] 19 Closure of non-exempt shops not to confer advantage (1) A person must not— (a) hawk goods; or (b) exhibit or expose samples for the sale of goods by retail, take an order for the sale of goods by retail, or sell goods by retail; or (c) sell goods by auction; at a locality on a day or during hours when a non-exempt shop in which the goods are sold at the locality would be required under this Act to be closed. (2) This section does not apply to— (a) the conduct of a bazaar or fair, or the sale of work, for a religious, charitable, educational or other purpose from which no private profit is to be derived; or (b) the normal conduct of business of an exempt shop. 20 Closure on bank holidays (1) The occupier of a banking or insurance office must close the office on the bank holidays prescribed under the Holidays Act 1983. Note— 1 Section 98 of the Bills of Exchange Act 1909 (Cwlth) regulates the times within which certain dealings with a bill of exchange, cheque or promissory note may be conducted (e.g. payment and presentment). 2 Under section 98, if a dealing mentioned in the section falls due on Christmas Day, Good Friday, a Sunday, or a day prescribed by either Commonwealth or State legislation to be a bank holiday, the dealing may be conducted on the next business day. 3 Section 5 of the Holidays Act 1983 declares every Saturday a bank holiday in Queensland. 4 The effect of section 20 of this Act is to allow a bank to open for business on most Saturdays but, because Saturday remains a bank holiday, a bank is able to choose whether or not it will conduct the dealings mentioned in section 98 of the Bills of Exchange Act 1909 (Cwlth) on a Saturday. (2) If any banking office or insurance office is not closed on a bank holiday prescribed by the Holidays Act 1983, any person who authorised, directed or, except as an employee required by the person's employer to do so, otherwise aided the failure to close is taken to have committed an offence against this Act and is liable to the prescribed penalty. (3) Subsections (1) and (2) do not apply to— (a) a bank in relation to a Saturday unless the Saturday— (i) is a public holiday; or (ii) falls on 1 January, 26 January, 25 December or 26 December, regardless of whether another day has been substituted as a public holiday for the public holiday that ordinarily falls on the particular day; or (b) a bank operating at an annual agricultural, horticultural or industrial show if a bank holiday occurs during the show. (4) If a bank holiday is declared for a particular district, subsection (1) only applies to a banking or insurance office in the district on the bank holiday. 20A Allowable trading hours for Retail Shop Leases Act 1994 (1) For the south-east Queensland area, the permissible trading hours on a Sunday or public holiday are not allowable trading hours for the definition core trading hours in the Retail Shop Leases Act 1994, section 51. (2) In this section— south-east Queensland area means the south-east Queensland area within the meaning of section 16A, as it was in force immediately before the commencement of the Trading (Allowable Hours) and Other Legislation Amendment Act 2022. Part 5 Orders and declarations by commission Division 1 Making trading area orders 21 Industrial commission may make trading area order (1) The industrial commission may make an order (a trading area order)— (a) to declare that an area mentioned in section 16AA(1) or (2) is a type 1 or 2 trading area; or (b) to change the external boundaries of a trading area that is an area mentioned in section 16AA(1) or (2); or (c) to declare that an area not mentioned in section 16AA(1) or (2) is a type 1, 2 or 3 trading area. Example for paragraph (c)— an order declaring the town of Kingaroy, identified by reference to its external boundaries, is a type 2 trading area (2) However, the industrial commission must not make a trading area order if the effect of the order would be to reduce the core trading hours for a day, under section 16D or 16E, of a non-exempt shop situated in the area the subject of the order. (3) If the area the subject of a trading area order is an area not mentioned in section 16AA(1) or (2), the trading area order must identify the area by reference to its external boundaries. (4) A trading area order has effect for the purpose of— (a) section 16D; and (b) to the extent the context permits—section 16E. 22 Criteria for making trading area order Before making a trading area order, the industrial commission must have regard to the following matters— (a) the location and external boundaries of the area the subject of the order; (b) the needs of industry in the area, including the tourist industry; (c) the effect of the order on the core trading hours of non-exempt shops in the area; (d) the needs of the population of the area, including the rate of population growth; (e) the likely impact of the order on employees and employment; (f) the interests of business and consumers; (g) the public interest; (h) the view of a local government that— (i) is an applicant for the order; or (ii) has been granted leave to appear and be heard under section 23(5); (i) any other matter the commission considers relevant to the making of the order. Division 2 Powers and procedures for trading area orders 23 Powers and procedures for making trading area order (1) The industrial commission may make an order under section 21— (a) of its own motion; or (b) on an application made by or for an industrial organisation, another organisation or a local government. (2) The industrial commission must fix a day, time and place for a meeting of the commission to consider making a trading area order. (3) The industrial commission must give written notice of the meeting to the industrial organisations, other organisations and local governments the commission considers appropriate. (4) A copy of the notice must be published on the QIRC website and in any other way the industrial commission considers appropriate. (5) The notice must state a time before which any industrial organisation, another organisation or a local government that claims to be concerned in the making of the order may apply to the industrial registrar for leave to appear and be heard on the matter. (6) The industrial registrar must grant an application for leave made in accordance with the notice under subsection (5) if the registrar is satisfied the applicant is, or is likely to be, concerned in the making of the order. (7) Otherwise, the industrial registrar must refuse to grant the application for leave. 23A Reference to full bench (1) This section applies to the matter of a trading area order. (2) The president may refer the matter to the full bench of the industrial commission. (3) The referral may be made— (a) at any stage of the proceedings for the matter, including before the hearing of the matter starts; and (b) on the terms the president considers appropriate. (4) The full bench may hear and decide the matter referred to it and make the decision it considers appropriate. (5) This section does not limit the Industrial Relations Act 2016, section 486. 24 Industrial commission hearings When dealing with an application for a trading area order, the industrial commission must act as quickly, and with as little formality and technicality, as is consistent with a fair and proper hearing of the issues. 25 Leave may be granted by industrial commission (1) Where the industrial registrar refuses an application for leave under section 23 the applicant may, within 7 days after being notified by the registrar of the refusal, require the registrar to refer the matter of the application to the industrial commission and the registrar is to make the reference. (2) Upon such a reference the industrial commission may grant or refuse the application. (3) The industrial commission may at any time grant to any industrial organisation, another organisation or a local government leave to appear and be heard on the matter of the making of a trading area order, if it is satisfied that there is good reason for granting the leave, notwithstanding that an application for such leave has not been duly made under section 23 to the industrial registrar. 26 [Repealed] 27 Summary dismissal of application If the industrial commission is of opinion that— (a) a decision has previously been made upon an application similar to that before it, and there is insufficient reason to warrant reconsideration of the matter; and (b) having regard to the interests of the industrial organisations, other organisations or local governments immediately concerned, and of the community as a whole, further proceedings are not necessary or desirable; the industrial commission may dismiss, or refrain from further hearing or determining, an application made for a trading area order. 28 [Repealed] 29 [Repealed] 31 Cancellation of obsolete orders (1) If after such inquiry as the industrial registrar considers sufficient the registrar is of opinion that an industrial commission order is obsolete the registrar may publish on the QIRC website notification of an intention to declare the order identified in the notification to be obsolete. (2) Any industrial organisation, another organisation or a local government may, within the time, and in the manner prescribed, lodge with the industrial registrar notice of objection to the proposed declaration. (3) The industrial registrar is to refer each such objection to the industrial commission, which is to hear and determine the question at issue. (4) If no objection to a proposed declaration is duly lodged as prescribed, or all objections so lodged are dismissed, the industrial registrar, by notification published on the QIRC website, may declare the order identified in the notification of intention referred to in subsection (1) to be obsolete, whereupon the order is no longer of any force or effect. Division 3 Special event declarations 31A Industrial commission may make declaration of special event (1) On an application by a chief executive, local government, organisation or any other person, the industrial commission may declare an event to be a special event. (2) A declaration for subsection (1) (a special event declaration) must state the following matters— (a) details of the event the subject of the declaration; (b) the period for which the declaration applies; (c) the area to which the declaration applies; (d) that section 36BA applies in relation to an employee of particular shops in the area to which the declaration applies. Note— A shop in the area to which the declaration applies is an exempt shop. (3) A special event declaration must be published on the QIRC website. 31B Deciding application for special event declaration (1) In deciding whether to declare an event to be a special event, the industrial commission must consider— (a) whether the event is a unique or infrequent event of local, State or national significance; and Examples— • the 2032 Olympic and Paralympic Games • the Weipa Fishing Classic event (b) the cultural, religious or sporting significance of the event; and (c) the significance of the event to the economy and the tourism industry; and (d) whether there is a need for a non-exempt shop, or a class of non-exempt shops, to trade for hours greater than the core trading hours for the shop or class of shops under this Act for the period of the event. (2) In considering the matters mentioned in subsection (1), the industrial commission must also have regard to the following— (a) the size of a place where the event will be held; (b) whether the event will be held at multiple places; (c) the predicted attendance numbers; (d) any expected media coverage; (e) any contribution the event may make to Queensland's national or international reputation; (f) a submission made by— (i) a local government for an area where the special event declaration is likely to have an impact; or (ii) an industrial organisation in relation to the likely impact of the special event declaration on employees. Part 5A [Repealed] 31A [Repealed] 31B [Repealed] 31BA [Repealed] Part 5B [Repealed] 31C [Repealed] 5.11 [Repealed] 5.12 [Repealed] 5.13 [Repealed] Part 6 Anzac Day provisions 32 Meaning of Anzac Day In this part— Anzac Day means 25 April in each year, which day is required by the Anzac Day Act 1995 to be observed throughout Queensland as a holiday. 33 Anzac Day a holiday for all employees (1) An employee in a factory or shop must be given a holiday for the whole of Anzac Day. (2) However, subsection (1) does not apply to employment— (a) in a factory or shop of a person employed solely in guarding the factory or shop; or (b) at a licensed venue under the Racing Act 2002 where a race meeting under that Act is held; or (c) at an office or agency of a holder of a race wagering licence under the Wagering Act 1998; or (d) on licensed premises under the Liquor Act 1992 or the Wine Industry Act 1994; or (e) in or on a place of public amusement, that is lawfully used for public amusement or entertainment, of a person employed solely for the purpose of the use; or (f) in an exempt shop; or (g) in an office where— (i) the usual activities conducted include renting or leasing accommodation; and (ii) the only activities being conducted are renting or leasing accommodation and related activities; or (h) in a factory or shop in employment solely for 1 or more of the following activities— (i) printing, publishing or distributing newspapers; (ii) manufacturing, distributing or supplying electricity, gas or water; (iii) a necessarily continuous process of manufacturing or mining; (iv) essential services; (v) milk supply; (vi) bread manufacturing; (vii) preparing food in restaurants, cafes, pastry-cook and hot takeaway food kitchens; (viii) an activity prescribed by regulation. 34 Real estate sales prohibited A person must not conduct the business of selling real estate on Anzac Day. Maximum penalty—40 penalty units. 35 Closure of places of public amusement (1) The occupier of a place of public amusement is to cause the place to be closed on Anzac Day until 1.30p.m., except if the Minister has given permission in writing to the occupier to keep the place open on that day before that time. (2) It is an implied condition of a licence granted by a local government in relation to a place of public amusement that the holder of the licence must not contravene the provisions of subsection (1). (3) A breach of such implied condition is a matter to be taken into account in the exercise of an authority under law to cancel or suspend the licence for a breach of a condition thereof. 36 Closure of other places (1) Factories and shops must be closed for the whole of Anzac Day. (2) Subsection (1) does not apply to a place mentioned in section 33(2)(b) to (h). Part 7 Offences and proceedings 36A Protection for employees—extended hours under Trading (Allowable Hours) Amendment Act 2002 (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) In this section— agree means agree for a stated period or for an indefinite period. 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. non-exempt shop means a non-exempt shop in the south-east Queensland area. permissible trading hours means the permissible trading hours under— (a) while the trading hours order was in effect—the order; or (b) from the commencement of the Trading (Allowable Hours) Amendment Act 2017—section 16B. south-east Queensland area has the meaning given by section 31B as it was in force on 1 August 2002. trading hours order has the meaning given by section 31B as in force from time to time before its repeal. 36AA Protection for employees— Liquor and Other Legislation Amendment Act 2017 (1) An employer must not require an employee to work during extended hours unless the employee has freely elected to work during extended hours. Maximum penalty— (a) for a first offence—16 penalty units; or (b) for a second or later offence—20 penalty units. (2) For subsection (1), an employee has not freely elected to work during extended hours— (a) if the employee elects to work during extended hours because the employee has been coerced, harassed, threatened or intimidated by or for the employer; or (b) only because the employee is rostered, or required under an industrial instrument, to work during those hours. (3) In this section— elect means agree in writing for a stated or indefinite period. employer means an employer of an employee in a non-exempt shop in the south-east Queensland area. extended hours means the permitted trading hours under this Act on Easter Sunday for a non-exempt shop in the south-east Queensland area. south-east Queensland area means the south-east Queensland area within the meaning of section 16A, as it was in force immediately before the commencement of the Trading (Allowable Hours) and Other Legislation Amendment Act 2022. 36B Protection for employees—extended hours under Trading (Allowable Hours) Amendment Act 2017 (1) An employer must not require an employee to work during extended hours unless the employee has freely elected to work during extended hours. Maximum penalty— (a) for a first offence—16 penalty units; or (b) for a second or later offence—20 penalty units. (2) For subsection (1), an employee has not freely elected to work during extended hours— (a) if the employee elects to work during extended hours because the employee has been coerced, harassed, threatened or intimidated by or for the employer; or (b) only because the employee is rostered, or required under an industrial instrument, to work during those hours. (3) In this section— elect means agree in writing for a stated or indefinite period. employer means an employer of an employee in a non-exempt shop. extended hours means the permitted trading hours under this Act for a non-exempt shop on any day (other than a closed day), but only to the extent the hours are greater than the shop's permitted trading hours immediately before the commencement. 36BA Protection for employees—other extended hours (1) This section applies if— (a) the core trading hours under this Act for a non-exempt shop are increased because— (i) an amendment of this Act commences; or (ii) a trading area order takes effect; or (b) a shop becomes an exempt shop because a special event declaration takes effect. (2) An employer of an employee employed in the shop must not require the employee to work during extended hours unless the employee has freely elected to work during extended hours. Maximum penalty— (a) for a first offence—16 penalty units; or (b) for a second or later offence—20 penalty units. (3) For subsection (2), an employee has not freely elected to work during extended hours— (a) if the employee elects to work during extended hours because the employee has been coerced, harassed, threatened or intimidated by or for the employer; or (b) only because the employee is rostered, or required under an industrial instrument, to work during those hours. (4) In this section— allowable trading hours means the shop's core trading hours under part 4, division 2, subdivision 2 and, if relevant, the shop's extended trading hours under part 4, division 2, subdivision 3. elect means agree in writing for a stated or indefinite period. extended hours means— (a) for a non-exempt shop mentioned in subsection (1)(a)—the core trading hours under this Act for the shop on any day (other than a closed day), but only to the extent the hours are greater than the shop's core trading hours immediately before— (i) the commencement of the amendment mentioned in subsection (1)(a)(i); or (ii) the trading area order mentioned in subsection (1)(a)(ii) taking effect; or (b) for a shop mentioned in subsection (1)(b)—the trading hours for the shop during the period of the special event stated in the special event declaration, but only to the extent the hours are greater than what the shop's allowable trading hours would be if the declaration had not taken effect. 36C Injunction to enforce observance of trading hours (1) Upon application made to it— (a) by an industrial inspector; or (b) by or on behalf of any industrial organisation, another organisation or a local government aggrieved; the industrial commission may make such orders in the nature of mandatory or restrictive injunctions, or otherwise, as it thinks fit— (c) to enforce compliance with the trading hours provided for under part 4, division 2; or (d) to restrain a breach or the continuance of a breach of the trading hours provided for under part 4, division 2. (2) The form of notice to a person in relation to an application for an order under subsection (1), and the mode of service of such notice, is in the discretion of the industrial commission, which may order substituted service, by advertisement or otherwise, as it thinks fit. 37 Soliciting business to be transacted outside trading hours (1) If there is published a statement that is calculated, or apparently calculated, to promote business conducted in a factory or shop, which statement states, suggests or implies that, at a time when the factory or shop is required by a provision of this Act or by an industrial commission order to be closed— (a) the factory or shop will be open to the public for any purpose of trade or inspection of goods; or (b) goods will be sold, or offered or exposed for sale, in the factory or shop; or (c) a person will be in attendance at the factory or shop, or at any other place, for receipt of— (i) orders for goods; (ii) requests for demonstration of goods, or delivery of goods on approval; the following persons thereby commit an offence against this Act— (d) a person who publishes the statement, or causes or permits the statement to be published; (e) the occupier of the factory or shop, the business of which is calculated, or apparently calculated, to be promoted by publication of the statement. (2) The occupier of a factory is not to be taken to have committed an offence defined in subsection (1) only because goods manufactured wholly or partially at the factory are mentioned by a trade or other name in the statement. (3) A statement is taken to have been published if it is communicated to any person by action, or by way of the spoken or written word, or by way of pictorial or other visual representation. (4) A person is not to be prosecuted for publishing, or causing to be published, a statement referred to in subsection (1) unless— (a) the person had been warned by an industrial inspector that publication of the statement, or of one substantially similar, is, or would be, an offence against this Act; and (b) the person published, or caused or permitted to be published, the statement after receipt of the warning; and (c) the Minister's consent to the prosecution is first obtained. (5) Subsection (4) does not apply where the person to be prosecuted is the occupier of the factory or shop, the business of which is calculated, or apparently calculated, to be promoted by publication of the statement in question. 38 Certain persons not to be employed as watchpersons A person who is an occupier of a shop is not to employ, as a watchperson therein, a person who is also employed as a salesperson or clerk in, or in connection with— (a) the business of that shop; or (b) the business of any other shop of which the firstmentioned person is also an occupier. 39 Obstruction of industrial inspector A person is not— (a) to assault, resist, impede, delay or otherwise obstruct or attempt to obstruct an inspector in exercise of powers or performance of duties under this Act; (b) to fail to answer any question put to the person by an inspector for the purposes of this Act, or give a false or misleading answer to any such question; (c) to fail to sign a declaration that the person is required by or under this Act, or by an inspector for the purposes of this Act, to sign; (d) to fail to comply in all respects with a lawful request, requisition or direction of an inspector; (e) when required by or under this Act to furnish— (i) assistance to an inspector; or (ii) information to an inspector— (A) to fail to furnish the assistance or information; or (B) to furnish information that the person knows to be false or misleading, or does not believe to be true; (f) to fail— (i) to produce to an inspector any permit, certificate or authority had, or claimed to be had, by the person under or for the purposes of this Act, when required by the inspector to produce the same; (ii) to produce to an inspector any time sheet, pay sheet or other records required by law to be kept or had by the person, when required by the inspector to produce the same; (iii) to produce to an inspector records referred to in section 8(1)(f) in the possession or control of the person, when required by the inspector to produce the same; (iv) to allow an inspector to whom anything has been produced to examine the thing and to make copies of, or take extracts from the thing, any part thereof or any entries therein; (g) to prevent, or attempt to prevent, directly or indirectly, any person from appearing before, or being questioned by, an inspector; (h) to use threatening, abusive or insulting language to an inspector, or to any employee, in respect of any inspection, examination or questioning; (i) to impersonate an inspector. 40 Forgery etc. A person is not— (a) to counterfeit, forge or fraudulently alter any permit, notice or other document that the Minister or chief industrial inspector is authorised to grant or issue under this Act; (b) to use, or attempt to use, any such permit, notice or other document knowing it to be counterfeit, forged or fraudulently altered; (c) to grant, issue, use or attempt to use any such permit, notice or other document knowing it to be false in a material particular; (d) to make an entry in any time sheet or pay sheet or in other records, knowing the entry to be false. 41 General offence A person who contravenes or fails to comply with— (a) a provision of this Act; (b) a term of an industrial commission order, including an order by way of injunction; (c) a term of a permit issued under this Act;