South Australia: Shop Trading Hours Act 1977 (SA)

South Australia Shop Trading Hours Act 1977 An Act to provide for and regulate the opening and closing times for shops; and for other purposes. Contents 1 Short title 4 Interpretation 5 Exemptions 5A Requirement to close shops 6 Application of Act 7 Inspectors 8 Powers of Inspectors 9 Inspector not to have an interest etc 10 Protection for Inspectors 11 Proclaimed Shopping Districts 12 Variation of Proclaimed Shopping District 13 Hours during which shops may be open 13A Restrictions relating to Sunday trading 13B Work on Sundays and public holidays 14 Offences 14A Advertising 15 Certain sales lawful 16 Prescribed goods 17 Licence to sell motor spirit and lubricants 17A Prohibition notices 17B Power of delegation 18 Procedures 19 Regulations Schedule 1—The metropolitan area Schedule 2—Schedule of transitional provisions Legislative history The Parliament of South Australia enacts as follows: 1—Short title This Act may be cited as the Shop Trading Hours Act 1977. 4—Interpretation (1) In this Act, unless the contrary intention appears— building includes part of a building; caravan means a caravan as defined for the purposes of the Motor Vehicles Act 1959; the Central Business District (CBD) Tourist Precinct means the portion of the municipality of the City of Adelaide that lies within the Hundred of Adelaide; closing time in relation to a shop, means the time at which the shop is required to be closed under this Act; council means a municipal or district council; exempt shop means— (a) a shop— (i) the floor area of which does not exceed 200 square metres; and (ii) which does not adjoin, and is not adjacent to, a building, with a floor area exceeding one-half the floor area of the shop, that is used as a storeroom for the purposes of the shop; or (b) subject to subsection (2), a shop the business of which is the retail sale of all or any of the goods set out in any one of the following subparagraphs: (i) antiques (other than coins or stamps); or (ii) live fish, fish food, aquariums, accessories for aquariums; or (iii) paintings, reproductions, drawings, etchings, pottery, sculptures, artifacts, wood carving, leatherware, weavings, hand-made goods of glass, iron, copper or silver; or (iv) newspapers, books, periodicals, greeting cards, posters, wrapping paper, stationery; or (v) pharmaceutical preparations, cosmetic and toilet requisites, first aid requisites, medical and surgical appliances; or (vi) fresh flowers, living plants, floral arrangements, wreaths; or (vii) non-alcoholic drinks, ice-cream, confectionery, light refreshments; or (viii) household pets, pet foods or accessories; or (ix) garden supplies; or (x) food— — for consumption on the shop premises; or — prepared on the shop premises for consumption off those premises; or (xi) souvenirs of a time, place or occasion, identified as such by inscription, stamping or marking; or (xii) cigarettes, cigars, tobacco, smoker's requisites; or (xiii) caravans; or (xiv) trailers; or (c) a hairdresser's shop; or (d) subject to subsection (2), a shop— (i) the business of which is wholly or predominantly the sale of foodstuffs; and (ii) which has a floor area that does not exceed 400 square metres; and (iii) which does not adjoin, and is not adjacent to, a building, with a floor area exceeding one-half the floor area of the shop, that is used as a storeroom for the purposes of the shop; or (f) subject to subsection (2), a shop within the premises of a squash centre, ten pin bowling alley or golf club, the business of which is the retail sale of sporting goods of a kind used in the sport carried on in or about those premises; or (g) a garden shop of the kind referred to in subsection (3), but does not include any shop the business of which is solely or predominantly the retail sale of— (h) motor vehicles (other than caravans or trailers) or boats; or (i) motor spirit or lubricants; floor area in relation to a shop means the sum of— (a) the area in which goods are displayed for inspection by the public; and (b) the area to which the public has access for the purpose of inspecting and purchasing goods; and (c) the floor area of any other shop (other than the floor area attributed to that shop by reason of this paragraph) that adjoins or is adjacent to the shop where— (i) both shops sell substantially the same classes of goods, or the classes of goods sold by the shops are such as are usually available from a single shop; and (ii) the businesses of both shops are owned by the same person or by different persons who conduct the businesses as one business or substantially as one business; garden supplies means seeds, plants, fertilisers, pesticides, weedicides, fungicides, flower or shrub pots, garden stakes, garden tools, machinery or equipment or garden ornaments or accessories; Greater Adelaide Shopping District means— (a) the Central Business District (CBD) Tourist Precinct; and (b) the Metropolitan Shopping District; hardware and building materials has the meaning prescribed by the regulations; Inspector means an Inspector appointed under section 7; interested party, in relation to a proposed exemption under section 5 or a notice under section 13(2)(d), means— (a) any industry association representing the interests of shopkeepers in shops that would be the subject of the exemption or notice; or (b) any of the following entitled to represent employers, or employees, in shops that would be the subject of the exemption or notice: (i) organisations registered under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth; (ii) associations registered under the Fair Work Act 1994; the metropolitan area means that part of the State comprising the areas, or the parts of the areas, of the councils referred to in Schedule 1; the Metropolitan Shopping District means that part of the metropolitan area that does not include the Central Business District (CBD) Tourist Precinct; motor spirit means— (a) a distillate of crude oil commonly used as fuel for motor vehicles; (b) liquid petroleum gas or compressed natural gas that is sold, or is intended to be sold, as fuel for motor vehicles; motor vehicle means a motor vehicle as defined for the purposes of the Motor Vehicles Act 1959; Proclaimed Shopping District means an area of the State for the time being declared by proclamation under section 11 to be a proclaimed shopping district; retail sale means a sale of goods in the reasonable expectation that the goods will be used or consumed and not resold; sell includes offer or expose for sale and sale and sold have corresponding meanings; shop means the whole or any portion of a building, yard, place, structure, stall, tent or vehicle— (a) in which goods are sold by retail (including sale by auction); or (b) in which the business of a hairdresser or pawnbroker is carried on; shopkeeper means the person, or body of persons, whether corporate or unincorporate, that carries on the business of a shop, or acts or apparently acts in the general management or control of the business of a shop; shopping district means— (a) the Central Business District (CBD) Tourist Precinct; or (b) the Metropolitan Shopping District; or (c) any Proclaimed Shopping District; trading day in relation to a shop means a day on which the public has access to the shop for the purpose of purchasing goods; trailer means a trailer as defined for the purposes of the Motor Vehicles Act 1959; weekday means a Monday, Tuesday, Wednesday, Thursday or Friday. (2) A shop is not an exempt shop by virtue of paragraph (b), (d) or (f) of the definition of exempt shop in subsection (1) unless during the immediately preceding period of seven consecutive trading days of the shop the aggregate price of all goods sold at the shop and that fall within any one or more of the classes of goods referred to in those paragraphs is 80 per cent or more of the aggregate price of all goods sold at the shop during that period. (2a) The floor area of a shop from which motor spirit is sold does not include— (a) areas in which the only goods displayed for inspection by the public are motor spirit or lubricants; (b) areas to which the public has access for the purpose of inspecting or purchasing motor spirit or lubricants but not any other class or classes of goods. (2b) When determining whether a shop from which motor spirit is sold is an exempt shop, any area used for the storage of motor spirit will not be taken into account. (3) If the business carried on at a shop that is not an exempt shop includes the retail sale of garden supplies that are displayed in a separate area of the shop (the garden shop), that area of the shop (but not any other part of the shop) will be taken to be an exempt shop if the following requirements are satisfied: (a) the aggregate price of all garden supplies selected from goods displayed at the garden shop and purchased during the immediately preceding period of seven consecutive trading days of the garden shop must be 80 per cent or more of the aggregate price of all goods selected from goods displayed at the garden shop and purchased during that period; and (b) the public must not have access to any other part of the shop at any time at which that part of the shop must be closed under this Act. 5—Exemptions (1) The Minister may grant or declare exemptions from the operation of this Act, or specified provisions of this Act, in accordance with this section. (2) The Minister may grant or declare an exemption on application to the Minister in a manner and form determined by the Minister, or on the Minister's own initiative. (3) An exemption under this section— (a) may relate to— (i) a specified shop or class of shops; or (ii) shops generally; and (b) may apply— (i) generally throughout the State (to the extent that this Act applies across the State); or (ii) in specified shopping districts; or (iii) in a specified part of a shopping district; or (iv) in other parts of the State; and (c) may apply with respect to— (i) specified hours; or (ii) a specified day or days; or (iii) trading days generally. (4) However, an exemption— (a) that relates to— (i) a specified class of shops; or (ii) shops generally; or (b) that applies— (i) generally throughout the State (to the extent that this Act applies across the State); or (ii) to shops (or a specified class of shops) in a specified shopping district or part of a specified shopping district, cannot operate in respect of a period greater than 14 days. (5) In deciding whether to grant or declare an exemption, the Minister may have regard to any matters that the Minister considers relevant and must have regard to the following: (a) whether the proposed exemption is appropriate in order— (i) to enable a shop or shops to be open at an exhibition or show, to facilitate or support a local or special event or to conduct a special trade event; or (ii) to meet the requirements of tourists and other visitors to the area where the relevant shop, or shops, are located; (b) the extent to which there has been consultation within the community on the proposed exemption and the outcome of that consultation; (c) the notice that would be given to the community if the proposed exemption were to be granted. (6) The Minister must not grant or declare exemptions under this section that are so extensive as to undermine the controls on shop trading hours set out in this Act. (7) The Minister must not grant or declare an exemption unless the Minister— (a) has consulted with interested parties (if any) (in such manner as is determined by the Minister); and (b) is satisfied that the proposed exemption is supported by a majority of interested parties (if any), including— (i) at least 1 interested party representing the interests of employees of shops that would be the subject of the proposed exemption (if any); and (ii) at least 1 interested party representing the interests of employers in shops that would be the subject of the proposed exemption (if any). (8) An interested party in relation to a proposed exemption may apply for judicial review of a decision made under this section in relation to the proposed exemption. (8a) Subsections (5) to (8) (inclusive) do not apply to an exemption granted or declared in relation to a day that has been appointed as an additional public holiday by proclamation under section 5(1)(a) of the Public Holidays Act 2023. (9) An exemption may be granted or declared— (a) by notice in writing given to the shopkeeper, or each of the shopkeepers, to whom the exemption relates; or (b) by notice in the Gazette. (10) An exemption may be granted or declared by the Minister subject to such restrictions or conditions as the Minister thinks fit. (11) Without limiting subsection (10), an exemption may be granted or declared subject to a restriction or condition specifying the hours during which, or the day or days on which, the shop or shops to which it relates must be closed. (12) The Minister may, at any time, by further notice given in the same manner as notice of the exemption was given— (a) vary or revoke an exemption; or (b) vary or revoke a restriction or condition to which an exemption is subject. (13) A shopkeeper who contravenes or fails to comply with a restriction or condition to which an exemption is subject is guilty of an offence. Maximum penalty: $100 000. (14) Unless specific provision is made in a notice under section 5A, an exemption under this section cannot operate in a manner contrary to a notice of the Minister under that section. (15) An exemption under this section cannot operate with respect to section 13A or 13B. (16) Subject to this section, an exemption will have effect according to its terms and despite the other provisions of this Act. 5A—Requirement to close shops (1) The Minister may, by notice in the Gazette, require shops to be closed at times when it would otherwise be lawful to open those shops. (2) A notice under this section— (a) must stipulate the times during which shops must be closed; and (b) may relate to— (i) a specified shop or class of shops; or (ii) shops generally; and (c) may apply— (i) generally throughout the State; or (ii) in specified shopping districts; or (iii) in a specified part of a shopping district; or (iv) in other parts of the State; and (d) may apply with respect to— (i) specified hours; or (ii) a specified day or days. (3) A requirement under this section cannot operate in respect of a period greater than 14 days. (4) The Minister may, by further notice in the Gazette, vary or revoke a requirement under this section. (5) Subject to this section, a requirement under this section will have effect according to its terms and despite the other provisions of this Act. (6) A shopkeeper who contravenes a requirement under this section is guilty of an offence. Maximum penalty: $100 000. 6—Application of Act (1) Subject to this section, this Act applies to and in relation to— (b) any shop situated within a shopping district. (2) This Act does not apply to or in relation to— (a) any shop conducted at an agricultural or horticultural exhibition or show; or (c) any shop conducted for a period not exceeding one week, if the proceeds from sales made from that shop are devoted to a charitable, religious or benevolent purpose. 7—Inspectors (1) For the purposes of this Act the Minister may appoint as many Inspectors as appear necessary or desirable. (2) Every Inspector will be furnished by the Minister with a certificate of appointment which the Inspector must produce on request. (3) An appointment may be made subject to conditions specified in the instrument of appointment. (4) The Minister may, at any time, revoke an appointment or vary, revoke or add a condition of an appointment. 8—Powers of Inspectors (1) For the purposes of ascertaining whether a provision of this Act has been complied with, an Inspector may— (a) enter and inspect at any time any building, yard, place, structure, stall or tent; or (b) require the driver of a vehicle, suspected by the Inspector, on reasonable grounds, to be used as a shop or in connection with the business of a shop to stop the vehicle, and enter and inspect the vehicle or anything drawn by it; or (c) require a person to produce any book, paper, document or record; or (ca) inspect or take copies of any book, paper, document or record or, for that purpose, remove any book, paper, document or record; or (cb) take measurements, or make notes and records; or (cc) take photographs, films or video or audio recordings; or (d) require any person to answer any question put by the Inspector (whether directly or through an interpreter); or (e) give such directions as are reasonably necessary for, or incidental to, the effective exercise of a power under this section. (2) In the exercise of powers under subsection (1), an Inspector may be accompanied by such other persons as seem necessary or desirable in the circumstances. (3) A person must not— (a) hinder or obstruct an Inspector, or a person assisting an Inspector, in the exercise of a power under this section; or (b) use abusive or threatening language to an Inspector, or a person assisting an Inspector, in the exercise of a power under this section; or (c) refuse or fail to answer, to the best of that person's knowledge, information and belief, a question put to the person under subsection (1)(d); or (d) refuse or fail to comply with any other requirement or direction under this section. Maximum penalty: $25 000. (4) A person is not obliged to answer a question as required under subsection (1)(d) if to do so might tend to incriminate the person or make the person liable to a penalty. (5) A person is not obliged to provide information under this section that is privileged on the ground of legal professional privilege. 9—Inspector not to have an interest etc An Inspector must disclose to the Minister any direct or indirect financial interest in a shop that is or may be subject to his or her inspection. Maximum penalty: $5 000. 10—Protection for Inspectors (1) No personal liability attaches to an Inspector for an honest act or omission in the exercise or discharge, or purported exercise or discharge, of a power, function or duty under this Act. (2) A liability that would, but for subsection (1), lie against an Inspector lies instead against the Crown. 11—Proclaimed Shopping Districts (1) Subject to subsection (2), the Governor may by proclamation— (a) declare any area other than the area comprised in the Greater Adelaide Shopping District to be a Proclaimed Shopping District; or (b) vary the area comprising any Proclaimed Shopping District; or (c) abolish a Proclaimed Shopping District. (2) A proclamation under subsection (1) cannot be made except to give effect to an application, made in accordance with section 12. 12—Variation of Proclaimed Shopping District (1) Subject to this section, a council may, by instrument in writing under its common seal, make application to the Minister that— (a) the whole or any part of the area of the council be declared to be a Proclaimed Shopping District; or (b) the area of a Proclaimed Shopping District be varied so that it includes or ceases to include the whole or any part of the area of the council; or (c) a Proclaimed Shopping District comprising the whole or a part of the area of the council be abolished. (2) An application for the declaration of a Proclaimed Shopping District cannot be made unless the proposed Proclaimed Shopping District would comprise— (a) a municipality; or (b) an area of not less than 90 square kilometres. (3) An application to vary the area of a Proclaimed Shopping District cannot be made unless the area, as varied, would comprise— (a) a municipality; or (b) an area of not less than 90 square kilometres. (4) An application under this section may only be made in pursuance of a resolution of the council. (6) A council must not make an application to the Minister under this section unless it has first given interested persons an opportunity to express their views to the council on the proposal and has had regard to the views expressed to it by interested persons. (7) In subsection (6)— interested persons means persons resident in the area of the council, and shopkeepers and shop assistants resident outside the area, but employed or engaged in shops within it. (8) If an unsuccessful application is made to the Minister under this section, a period of one year must elapse before the same, or a substantially similar, application is made. 13—Hours during which shops may be open (1) Subject to this section, the shopkeeper of a shop situated in the Greater Adelaide Shopping District may open the shop— (a) until 9.00 p.m. on every weekday; and (b) until 5.00 p.m. on a Saturday; and (c) from 9.00 a.m. to 5.00 p.m. on a Sunday, but is not entitled to open the shop on a day that is a public holiday in any year. (2) Despite subsection (1) (but subject to subsections (5aa), (5a), (5b) and (5e)), the shopkeeper of a shop situated in the Greater Adelaide Shopping District may open the shop— (a) until 5.00 p.m. on Easter Saturday in each year; and (b) if the business of the shop is not wholly or predominantly the sale of foodstuffs—from 9.00 a.m. to 5.00 p.m. on 26 December in each year; and (c) until midnight on the day after the fourth Thursday in November in each year; and (d) until midnight on no more than 3 weekdays during the period commencing on 11 December and ending on 23 December in each year (being days specified by the Minister by notice in the Gazette); and (e) from 9.00 a.m. to 5.00 p.m. on any additional public holiday; and (f) if the shop is situated in the Central Business District (CBD) Tourist Precinct— (i) from 11.00 a.m. to 5.00 p.m. on a public holiday (not being a public holiday referred to in a preceding paragraph) other than Good Friday, 25 December and 25 April; and (ii) from 12 noon to 5.00 p.m. on 25 April. (3) The Minister must publish the notice referred to in subsection (2)(d) on or before 1 November in each year (after consulting with interested parties in such manner as the Minister thinks fit). (4) Subject to this section, the shopkeeper of a shop situated in a shopping district outside the Greater Adelaide Shopping District may open the shop— (a) until 6.00 p.m. on every weekday other than a Thursday; and (b) until 9.00 p.m. on a Thursday; and (c) until 5.00 p.m. on a Saturday, but is not entitled to open the shop on a day that is a public holiday in any year. (5aa) Subject to this section, the shopkeeper of a shop situated in a shopping district may open the shop on a part‑day public holiday that falls on a weekday as if it were not a public holiday. (5a) Subject to this section, the shopkeeper of a shop situated in a shopping district the business of which is solely or predominantly the retail sale of boats may open the shop— (a) until 6.00 p.m. on a Monday, Tuesday and Wednesday; and (b) until 9.00 p.m. on a Thursday and Friday; and (c) until 5.00 p.m. on a Saturday. (5b) Subject to this section, the shopkeeper of a shop situated in a shopping district the business of which is solely or predominantly the retail sale of motor vehicles (other than caravans and trailers) may open the shop— (a) until 6.00 p.m. on a Monday, Tuesday and Wednesday; and (b) until 9.00 p.m. on a Thursday and Friday; and (c) until 5.00 p.m. on a Saturday. (5d) Nothing in subsection (1), (2) or (5aa) entitles the shopkeeper of a shop referred to in subsection (5a) or (5b) that is situated in the Greater Adelaide Shopping District to open the shop for additional hours prescribed by those subsections, or on a Sunday. (5e) Subject to this section, the shopkeeper of a shop situated in a shopping district the business of which is the retail sale of— (a) hardware and building materials; or (b) furniture; or (c) floor coverings; or (d) motor vehicle parts and accessories, may, in addition to the hours prescribed by subsection (1), (2), (4) or (5aa) (depending on the shopping district in which the shop is situated), open the shop from 9.00 a.m. until 5.00 p.m. on a public holiday (but not on Good Friday or 25 December and not before 12 noon on 25 April). (5f) Subsection (5e) only applies to a shop if, during the immediately preceding period of seven consecutive trading days of the shop— (a) the aggregate price of all goods sold at the shop that fall within any one or more of the classes of goods referred to in paragraphs (a), (b), (c) and (d) of that subsection is 80 per cent or more of the aggregate price of all goods sold at the shop during that period; and (b) the aggregate price of all hardware and building materials of a kind prescribed by regulation for the purposes of this paragraph sold at the shop during that period does not exceed the percentage (prescribed by regulation) of the aggregate price of all hardware and building materials sold at the shop during that period. (6) In this section— additional public holiday means a Monday or Tuesday that is a public holiday by virtue of section 3(2) or (3) of the Public Holidays Act 2023. Note— The requirements of this section will not apply to exempt shops as defined in section 4(1). 13A—Restrictions relating to Sunday trading (1) Subject to subsection (2), a term of a retail shop lease or collateral agreement in respect of a shop situated in a shopping district that requires the shop to be open on a Sunday is void to the extent of that requirement. (2) Subsection (1) does not apply to a term of a retail shop lease or collateral agreement that has been authorised by an exemption granted under the Landlord and Tenant Act 1936 or the Retail and Commercial Leases Act 1995. (4) In this section— collateral agreement includes a guarantee under which the guarantor guarantees the performance of the obligations of a lessee under a retail shop lease; retail shop lease has the same meaning as in the Retail and Commercial Leases Act 1995. 13B—Work on Sundays and public holidays The shopkeeper of a shop is only entitled to open the shop on a Sunday or a public holiday in accordance with section 13 if each employee who works in the shop during that Sunday or public holiday has voluntarily accepted an offer by the shopkeeper to work on that day. 14—Offences (1) A shopkeeper must cause his or her shop to be closed and fastened against the admission of the public at all times except those at which he or she is entitled to open the shop under this Act. Maximum penalty: $100 000. (2) Subject to this section, a person must not sell, or cause or permit to be sold, any goods in or about a shop at a time when the shop is required by subsection (1) to be closed. Maximum penalty: $100 000. (7) Where, at a time when a shop is required by this Act to be closed, a person (other than the shopkeeper or an employee or agent of the shopkeeper) is in the shop for the purpose of— (a) purchasing goods; or (b) inspecting goods; or (c) taking delivery of goods purchased, the shopkeeper is guilty of an offence. Maximum penalty: $100 000. (7a) In proceedings for an offence under subsection (7), an allegation in the complaint that a person was in a shop for the purpose of— (a) purchasing goods; or (b) inspecting goods; or (c) taking delivery of goods purchased, will be accepted as proved in the absence of proof to the contrary. (7b) It is a defence to a charge of an offence under subsection (7) to prove that the defendant did not know, and could not reasonably be expected to have known, that a person was in the shop for the purpose of— (a) purchasing goods; or (b) inspecting goods; or (c) taking delivery of goods purchased. (8) Subject to this section a person must not carry on the business of pawnbroking, or cause or permit that business to be carried on, in or about a shop at a time when the shop is required by subsection (1) to be closed. Maximum penalty: $100 000. (8a) Where a court imposes a penalty for an offence against this section it may fix, by way of additional penalty, an amount determined or estimated by the court as the amount by which the convicted defendant benefited from trading that was, by virtue of this Act, unlawful on the day on which the offence was committed. (9) No offence is committed under this section by reason only of the fact that a shopkeeper, or a person employed or engaged in the shop, is engaged within a period of 30 minutes after closing time— (a) in serving customers who were in the shop at closing time; or (11) In any proceedings for an offence against this section, it is a defence for the defendant to prove that at the time of the alleged offence, and— (a) throughout the period of seven days immediately preceding that time; or (b) in the case of a shop that was established within that period of seven days, throughout the period immediately preceding that time during which the business of that shop was carried on, the shop, in relation to which it is alleged the offence was committed, was an exempt shop. (12) In any proceedings for an offence against this section, it is a defence for the defendant to prove that at the time of the alleged offence the defendant was acting within the ambit of an exemption under section 5. 14A—Advertising (1) Subject to this section, a person who publishes, or causes to be published, an advertisement that— (a) a shop will be open during any period when the shop is required by this Act to be closed; or (b) goods will be offered for sale at a shop that is an exempt shop by virtue of paragraph (b) of the definition of exempt shop, at a time when those goods could not lawfully be sold if the business of the shop was solely or predominantly the sale of those goods, is guilty of an offence. Maximum penalty: $100 000. (2) Subsection (1) does not apply to the proprietor or publisher of a newspaper or magazine or to the holder of a licence under the Broadcasting and Television Act 1942 of the Commonwealth. 15—Certain sales lawful (3) It is lawful for a shopkeeper at any time to sell or deliver spare parts for agricultural machinery and to keep the shop open for so long as is necessary to effect that sale or delivery. (4) It is lawful for a shopkeeper at any time to sell by auction (and deliver) fine art on commission and to keep the shop open for so long as is necessary to effect the sale and delivery. 16—Prescribed goods (1) In this section— prescribed goods means— (b) motor vehicles (other than caravans and trailers) and boats; and (c) motor spirit and lubricants. (2) Subject to section 17, but notwithstanding any other provision, a shopkeeper must not sell prescribed goods or cause or permit prescribed goods to be sold in or about the shop at any time when those goods could not lawfully be sold from that shop if its business were solely or predominantly the retail sale of such goods. (3) A person who contravenes subsection (2) is guilty of an offence. Maximum penalty: $100 000. 17—Licence to sell motor spirit and lubricants (1) The Minister may, upon the application of a shopkeeper, grant a licence permitting that shopkeeper to sell and deliver motor spirit and lubricants on any day after closing time and on Sundays and public holidays. (2) The licence may be subject to such limitations, restrictions and conditions as are prescribed. (3) The licensee must pay to the Minister such fees as may be prescribed. (4) A shopkeeper who holds a licence granted under subsection (1) may open the shop to which the licence relates during the hours specified in the licence for the purpose of selling and delivering motor spirit and lubricants in accordance with the licence. (4a) During those hours a shopkeeper referred to in subsection (4) may also sell in accordance with the licence any other goods that are normally sold at the shop subject to the following restrictions: (a) the aggregate price of motor spirit and lubricants sold at the shop during the immediately preceding period of seven consecutive trading days of the shop must be equal to or greater than the percentage (prescribed by regulation) of the aggregate price of all goods sold at the shop during that period; and (b) the shop must be a shop that would fall within the definition of exempt shop in section 4 if the business carried on at the shop did not include the retail sale of motor spirit and lubricants. (5) The Minister, if of the opinion that a licence under this section has been abused in any way, may, by notice in writing addressed to the holder of the licence, cancel the licence (and the licence thereupon becomes void). 17A—Prohibition notices (1) If the Minister has reason to believe, on reasonable grounds, that a person has contravened a provision of this Act in circumstances that make it likely that the contravention will be repeated, the Minister may issue a notice requiring the person to refrain from an act, or course of action, specified by the Minister. (2) A notice under subsection (1) must— (a) state that the Minister is of the opinion that the person has contravened a provision of this Act in circumstances that make it likely that the contravention will be repeated; and (b) state the grounds of the Minister's opinion. (3) A person who contravenes or fails to comply with a notice under this section is guilty of an offence. Maximum penalty: $100 000 plus $20 000 for each day on which the offence is committed. (4) A person to whom a notice is directed may, within 14 days after service of the notice, appeal to the Administrative and Disciplinary Division of the District Court against the issuing of the notice. 17B—Power of delegation (1) The Minister may delegate to a person (including a person for the time being holding or acting in a specified office or position) a function or power of the Minister under this Act. (2) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the power of the Minister to act in any matter; and (d) is revocable at will. (3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated. 18—Procedures (1) An offence against this Act is a summary offence. (2) In any proceedings for an offence against this Act, an allegation in the complaint that— (a) a specified shop is within a specified shopping district; or (b) a specified shop has a floor area of a specified size, will be accepted as proof in the absence of proof to the contrary. 19—Regulations (1) The Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act. (2) Without limiting the generality of subsection (1), the Governor may make regulations— (a) prescribing the manner in which a shop or class of shops is to be closed and fastened against the admission of the public; and (ab) prescribing the manner in which a notice or other document under this Act may be given, issued or served; and (b) prescribing penalties (not exceeding $10 000) for a breach of, or non-compliance with, any regulation. Schedule 1—The metropolitan area Corporation of the City of Adelaide That part of the area of the Adelaide Hills Council formerly comprising the areas of the District Council of East Torrens and the District Council of Stirling Corporation of the City of Burnside Corporation of the City of Campbelltown City of Charles Sturt Corporation of the Town of Gawler City of Holdfast Bay Corporation of the City of Marion Corporation of the City of Mitcham City of Norwood, Payneham and St. Peters City of Onkaparinga City of Playford City of Port Adelaide Enfield Corporation of the City of Prospect Corporation of the City of Salisbury Corporation of the City of Tea Tree Gully Corporation of the City of Unley Corporation of the Town of Walkerville City of West Torrens Schedule 2—Schedule of transitional provisions For the purposes of this Act, each area of the State (other than the metropolitan area) that was, immediately before the commencement of this Act, a shopping district for the purposes of Part 15 of the Industrial Code 1967 will be taken to have been declared by proclamation under section 11 to be a Proclaimed Shopping District. Legislative history Notes • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Legislation amended by principal Act The Shop Trading Hours Act 1977 amended the following: Industrial Code 1967 Principal Act and amendments New entries appear in bold. Year|No|Title|Assent|Commencement| 1977|35| Shop Trading Hours Act 1977|1.12.1977|1.12.1977: s 2| 1980|115| Shop Trading Hours Act Amendment Act 1980|18.12.1980|2.3.1981 (Gazette 26.2.1981 p536)| 1983|120| Shop Trading Hours Act Amendment Act 1983|22.12.1983|22.2.1984: s 2| 1985|48| Shop Trading Hours Act Amendment Act 1985|2.5.1985|26.5.1985 (Gazette 16.5.1985 p1535)| 1990|50| Statutes Amendment (Shop Trading Hours and Landlord and Tenant) Act 1990|22.11.1990|22.11.1990 (Gazette 22.11.1990 p1581)| 1994|81| Shop Trading Hours (Meat) Amendment Act 1994|8.12.1994|8.12.1994| 1995|48| Shop Trading Hours (Miscellaneous) Amendment Act 1995|22.6.1995|22.6.1995| 1998|77| Shop Trading Hours (Miscellaneous) Amendment Act 1998|17.12.1998|8.6.1999 (Gazette 25.3.1999 p1462)| 2000|77| Shop Trading Hours (Glenelg Tourist Precinct) Amendment Act 2000|14.12.2000|21.12.2000 (Gazette 21.12.2000 p3689)| 2003|19| Shop Trading Hours (Miscellaneous) Amendment Act 2003|19.6.2003|Pt 2 (ss 4—19)—7.7.2003 (Gazette 19.6.2003 p2598)| 2012|6| Statutes Amendment (Shop Trading and Holidays) Act 2012|2.4.2012|Pt 4 (ss 9—12)—2.4.2012 (Gazette 2.4.2012 p1318)| 2022|17| Shop Trading Hours (Extension of Hours) Amendment Act 2022|27.10.2022|1.11.2022 (Gazette 27.10.2022 p6376)| 2023|39|Public Holidays Act 2023|7.12.2023|Sch 1 (cll 21 to 23)—1.1.2024: s 2| Provisions amended Certain textual alterations were made to this Act by the Commissioner of Statute Revision when preparing the reprint of the Act that incorporated all amendments in force as at 2 May 1988. A Schedule of these alterations was laid before Parliament on 16 August 1988. New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision|How varied|Commencement| Long title|amended by 48/1995 s 2|22.6.1995| Heading|deleted in pursuance of the Acts Republication Act 1967|2.5.1988| ss 2 and 3|deleted in pursuance of the Acts Republication Act 1967 as their function is now exhausted|2.5.1988| s 4||| s 4(1)|s 4 redesignated as s 4(1) by 115/1980 s 3(n)|2.3.1981| building|inserted by 115/1980 s 3(a)|2.3.1981| caravan|inserted by 50/1990 s 4(a)|22.11.1990| the Central Shopping District—see Central Business District (CBD) Tourist Precinct||| Central Business District (CBD) Tourist Precinct|the Central Shopping District amended to read Central Business District (CBD) Tourist Precinct by 6/2012 s 9(1)|2.4.2012| closing time|substituted by 115/1980 s 3(b)|2.3.1981| declared shop|deleted by 115/1980 s 3(c)|2.3.1981| exempt shop|amended by 115/1980 s 3(d)—(k)|2.3.1981| |amended by 81/1994 s 2(a)|8.12.1994| |amended by 48/1995 s 3(a)—(f)|22.6.1995| |amended by 77/1998 s 3(a), (b)|8.6.1999| |(a)(iii) deleted by 19/2003 s 4(1)|7.7.2003| |amended by 19/2003 s 4(2)|7.7.2003| |(e) deleted by 19/2003 s 4(3)|7.7.2003| |amended by 6/2012 s 9(2)|2.4.2012| |amended by 17/2022 s 3(1)|1.11.2022| floor area|inserted by 115/1980 s 3(l)|2.3.1981| garden supplies|inserted by 48/1995 s 3(g)|22.6.1995| Glenelg Tourist Precinct|inserted by 77/2000 s 3(a)|21.12.2000| |deleted by 17/2022 s 3(2)|1.11.2022| Greater Adelaide Shopping District|inserted by 19/2003 s 4(4)|7.7.2003| |amended by 6/2012 s 9(1)|2.4.2012| |(c) deleted by 17/2022 s 3(3)|1.11.2022| hardware and building materials|inserted by 115/1980 s 3(l)|2.3.1981| interested party|inserted by 17/2022 s 3(4)|1.11.2022| meat|deleted by 81/1994 s 2(b)|8.12.1994| the metropolitan area|amended by 115/1980 s 3(m) |2.3.1981| |(c) deleted in pursuance of the Acts Republication Act 1967 as its contents are now obsolete|2.5.1988| |substituted by 77/1998 s 3(c)|8.6.1999| the Metropolitan Shopping District|substituted by 77/2000 s 3(b)|21.12.2000| |amended by 6/2012 s 9(1)|2.4.2012| |amended by 17/2022 s 3(5)|1.11.2022| motor spirit|inserted by 50/1990 s 4(b)|22.11.1990| normal trading hours|inserted by 48/1995 s 3(h)|22.6.1995| |deleted by 19/2003 s 4(5)|7.7.2003| public holiday|substituted by 48/1995 s 3(i)|22.6.1995| |amended by 6/2012 s 9(3)|2.4.2012| |deleted by 39/2023 Sch 1 cl 21|1.1.2024| shopping district|amended by 77/2000 s 3(c)|21.12.2000| |amended by 6/2012 s 9(1)|2.4.2012| |(ba) deleted by 17/2022 s 3(6)|1.11.2022| trading day|inserted by 48/1995 s 3(j)|22.6.1995| trailer|inserted by 50/1990 s 4(c)|22.11.1990| s 4(2)|inserted by 115/1980 s 3(n)|2.3.1981| |substituted by 77/1998 s 3(d)|8.6.1999| s 4(2a) and (2b)|inserted by 50/1990 s 4(d)|22.11.1990| s 4(3)|inserted by 115/1980 s 3(n)|2.3.1981| |substituted by 48/1995 s 3(k)|22.6.1995| s 5|substituted by 115/1980 s 4 |2.3.1981| |amended by 48/1995 s 4|22.6.1995| |substituted by 19/2003 s 5|7.7.2003| s 5(1)|amended by 17/2022 s 4(1)|1.11.2022| s 5(4)|amended by 6/2012 s 10(1)|2.4.2012| |amended by 17/2022 s 4(2)|1.11.2022| s 5(5) and (6)|deleted by 6/2012 s 10(2)|2.4.2012| |inserted by 17/2022 s 4(3)|1.11.2022| s 5(7)|deleted by 6/2012 s 10(3)|2.4.2012| |inserted by 17/2022 s 4(3)|1.11.2022| s 5(8)|substituted by 17/2022 s 4(3)|1.11.2022| s 5(8a)|inserted by 39/2023 Sch 1 cl 22|1.1.2024| s 5(15)|amended by 17/2022 s 4(4)|1.11.2022| s 5A|inserted by 19/2003 s 5|7.7.2003| s 6||| s 6(1)|amended by 115/1980 s 5|2.3.1981| |(a) deleted by 81/1994 s 3|8.12.1994| s 6(2)|(b) deleted by 19/2003 s 6|7.7.2003| s 7||| s 7(1)|amended by 17/2022 s 5(1)|1.11.2022| s 7(3) and (4)|inserted by 17/2022 s 5(2)|1.11.2022| s 8||| s 8(1)|amended by 19/2003 s 7(1)—(3)|7.7.2003| s 8(3) and (4)|substituted by 19/2003 s 7(4)|7.7.2003| s 8(5)|inserted by 19/2003 s 7(4)|7.7.2003| s 9|amended by 19/2003 s 8|7.7.2003| s 10|substituted by 19/2003 s 9|7.7.2003| s 11||| s 11(1)—see Sch 2||| s 11(1)|s 11(2) redesignated as s 11(1) in pursuance of the Acts Republication Act 1967|2.5.1988| |amended by 77/2000 s 4|21.12.2000| |amended by 19/2003 s 10|7.7.2003| s 11(2)|s 11(3) amended by 115/1980 s 6|2.3.1981| |s 11(3) redesignated as s 11(2) in pursuance of the Acts Republication Act 1967|2.5.1988| |substituted by 77/1998 s 4|8.6.1999| s 12||| s 12(5)|deleted by 50/1990 s 5|22.11.1990| s 12(6)|substituted by 50/1990 s 5|22.11.1990| s 13||| s 13(1)|substituted by 115/1980 s 7(a)|2.3.1981| |amended by 50/1990 s 6(a)|22.11.1990| |substituted by 48/1995 s 5(a)|22.6.1995| |amended by 77/1998 s 5(a)|8.6.1999| |amended by 77/2000 s 5(a)|21.12.2000| |substituted by 19/2003 s 11(1)|7.7.2003| |substituted by 6/2012 s 11(1)|2.4.2012| |substituted by 17/2022 s 6(1)|1.11.2022| |amended by 39/2023 Sch 1 cl 23(1)|1.1.2024| s 13(2)|substituted by 115/1980 s 7(a)|2.3.1981| |amended by 50/1990 s 6(b)|22.11.1990| |substituted by 48/1995 s 5(a)|22.6.1995| |amended by 77/2000 s 5(b)|21.12.2000| |substituted by 19/2003 s 11(1)|7.7.2003| |substituted by 6/2012 s 11(1)|2.4.2012| |substituted by 17/2022 s 6(1)|1.11.2022| |amended by 39/2023 Sch 1 cl 23(2)|1.1.2024| s 13(3)|substituted by 115/1980 s 7(a)|2.3.1981| |substituted by 50/1990 s 6(c)|22.11.1990| |substituted by 48/1995 s 5(a)|22.6.1995| |deleted by 19/2003 s 11(1)|7.7.2003| |inserted by 17/2022 s 6(1)|1.11.2022| s 13(3a)|inserted by 50/1990 s 6(c)|22.11.1990| |deleted by 48/1995 s 5(a)|22.6.1995| s 13(4)|amended by 115/1980 s 7(b)|2.3.1981| |substituted by 120/1983 s 3|22.2.1984| |substituted by 48/1985 s 3|26.5.1985| |amended by 50/1990 s 6(d)|22.11.1990| |deleted by 81/1994 s 4|8.12.1994| |inserted by 48/1995 s 5(a)|22.6.1995| |deleted by 19/2003 s 11(1)|7.7.2003| |inserted by 17/2022 s 6(1)|1.11.2022| |amended by 39/2023 Sch 1 cl 23(3)|1.1.2024| s 13(4a)|inserted by 77/1998 s 5(b)|8.6.1999| |deleted by 19/2003 s 11(1)|7.7.2003| s 13(5)|deleted by 115/1980 s 7(c)|2.3.1981| |inserted by 120/1983 s 3|22.2.1984| |deleted by 48/1985 s 3|26.5.1985| |inserted by 48/1995 s 5(a)|22.6.1995| |amended by 77/1998 s 5(c)|8.6.1999| |amended by 77/2000 s 5(c)|21.12.2000| |amended by 19/2003 s 11(2)|7.7.2003| |deleted by 17/2022 s 6(1)|1.11.2022| s 13(5aa)|inserted by 6/2012 s 11(2)|2.4.2012| s 13(5a)|inserted by 120/1983 s 3|22.2.1984| |deleted by 48/1985 s 3|26.5.1985| |inserted by 48/1995 s 5(a)|22.6.1995| |amended by 77/1998 s 5(d)|8.6.1999| |amended by 19/2003 s 11(3)|7.7.2003| s 13(5b)|inserted by 120/1983 s 3|22.2.1984| |deleted by 48/1985 s 3|26.5.1985| |inserted by 48/1995 s 5(a)|22.6.1995| |amended by 19/2003 s 11(4), (5)|7.7.2003| s 13(5c)|inserted by 120/1983 s 3|22.2.1984| |deleted by 48/1985 s 3|26.5.1985| |inserted by 48/1995 s 5(a)|22.6.1995| |deleted by 19/2003 s 11(6)|7.7.2003| s 13(5d)|inserted by 120/1983 s 3|22.2.1984| |deleted by 48/1985 s 3|26.5.1985| |inserted by 48/1995 s 5(a)|22.6.1995| |substituted by 77/1998 s 5(e)|8.6.1999| |amended by 77/2000 s 5(d)|21.12.2000| |substituted by 19/2003 s 11(7)|7.7.2003| |amended by 6/2012 s 11(3)|2.4.2012| |amended by 17/2022 s 6(2)|1.11.2022| s 13(5e)|inserted by 48/1995 s 5(a)|22.6.1995| |amended by 77/1998 s 5(f), (g)|8.6.1999| |amended by 19/2003 s 11(8), (9)|7.7.2003| |amended by 6/2012 s 11(4), (5)|2.4.2012| |amended by 17/2022 s 6(3), (4)|1.11.2022| s 13(5f)|inserted by 48/1995 s 5(a)|22.6.1995| s 13(5g)|inserted by 48/1995 s 5(a)|22.6.1995| |amended by 77/1998 s 5(h)|8.6.1999| |deleted by 19/2003 s 11(10)|7.7.2003| s 13(5h)|inserted by 77/1998 s 5(i)|8.6.1999| |amended by 77/2000 s 5(e)|21.12.2000| |deleted by 19/2003 s 11(10)|7.7.2003| s 13(6)|substituted by 115/1980 s 7(d)|2.3.1981| |amended by 50/1990 s 6(e)|22.11.1990| |amended by 48/1995 s 5(b), (c)|22.6.1995| |substituted by 19/2003 s 11(10)|7.7.2003| |amended by 6/2012 s 11(6)|2.4.2012| |substituted by 17/2022 s 6(5)|1.11.2022| additional public holiday|substituted by 39/2023 Sch 1 cl 23(4)|1.1.2024| s 13(6a)|inserted by 6/2012 s 11(7)|2.4.2012| |deleted by 17/2022 s 6(5)|1.11.2022| s 13(7)|substituted by 19/2003 s 11(10)|7.7.2003| |deleted by 17/2022 s 6(5)|1.11.2022| s 13(8)|substituted by 115/1980 s 7(e)|2.3.1981| |substituted by 19/2003 s 11(10)|7.7.2003| |deleted by 6/2012 s 11(8)|2.4.2012| s 13(9)|inserted by 115/1980 s 7(e)|2.3.1981| |deleted by 19/2003 s 11(10)|7.7.2003| s 13(10)|inserted by 115/1980 s 7(e)|2.3.1981| |amended by 48/1995 s 5(d)|22.6.1995| |deleted by 19/2003 s 11(10)|7.7.2003| s 13(10a)|inserted by 77/1998 s 5(j)|8.6.1999| |deleted by 19/2003 s 11(10)|7.7.2003| s 13(11)—(14)|inserted by 115/1980 s 7(e)|2.3.1981| |deleted by 19/2003 s 11(10)|7.7.2003| s 13A|inserted by 115/1980 s 8|2.3.1981| |amended by 50/1990 s 7|22.11.1990| |substituted by 48/1995 s 6|22.6.1995| s 13A(1)|amended by 77/1998 s 6(a)|8.6.1999| |amended by 77/2000 s 6(a)|21.12.2000| |amended by 19/2003 s 12(1)|7.7.2003| s 13A(2)|amended by 77/1998 s 6(b)|8.6.1999| s 13A(3)|amended by 77/1998 s 6(a)|8.6.1999| |amended by 77/2000 s 6(b)|21.12.2000| |substituted by 19/2003 s 12(2)|7.7.2003| |deleted by 17/2022 s 7|1.11.2022| s 13A(4)||| retail shop lease|amended by 77/1998 s 6(b)|8.6.1999| s 13B|inserted by 17/2022 s 8|1.11.2022| s 14||| s 14(1)|substituted by 48/1995 s 7(a)|22.6.1995| |amended by 19/2003 s 13(1)|7.7.2003| s 14(2)|deleted by 115/1980 s 9(c)|2.3.1981| |inserted by 48/1995 s 7(a)|22.6.1995| |amended by 19/2003 s 13(2)|7.7.2003| s 14(3)|amended by 115/1980 s 9(a)|2.3.1981| |deleted by 48/1995 s 7(a)|22.6.1995| s 14(4)|deleted by 115/1980 s 9(c)|2.3.1981| s 14(5)|amended by 115/1980 s 9(b)|2.3.1981| |deleted by 48/1995 s 7(a)|22.6.1995| s 14(6)|substituted by 115/1980 s 9(c)|2.3.1981| |deleted by 48/1995 s 7(a)|22.6.1995| s 14(7)|substituted by 115/1980 s 9(c)|2.3.1981| |amended by 19/2003 s 13(3)|7.7.2003| s 14(7a) and (7b)|inserted by 115/1980 s 9(c)|2.3.1981| s 14(8)|substituted by 115/1980 s 9(c)|2.3.1981| |substituted by 48/1995 s 7(b)|22.6.1995| |amended by 19/2003 s 13(4)|7.7.2003| s 14(8a)|inserted by 115/1980 s 9(c)|2.3.1981| s 14(9)|(b) deleted by 48/1995 s 7(c)|22.6.1995| s 14(10)|deleted by 48/1995 s 7(d)|22.6.1995| s 14(12)|inserted by 19/2003 s 13(5)|7.7.2003| s 14A|inserted by 115/1980 s 10|2.3.1981| s 14A(1)|amended by 19/2003 s 14|7.7.2003| s 15||| s 15(1) and (2)|deleted by 19/2003 s 15|7.7.2003| s 15A|inserted by 115/1980 s 11 |2.3.1981| |deleted by 50/1990 s 8|22.11.1990| s 15B|inserted by 115/1980 s 11|2.3.1981| |deleted by 50/1990 s 9|22.11.1990| s 16||| s 16(1)|amended by 115/1980 s 12(a)|2.3.1981| prescribed goods|(a) deleted by 81/1994 s 5 |8.12.1994| |amended by 77/1998 s 7|8.6.1999| s 16(2)|amended by 115/1980 s 12(b), (c)|2.3.1981| s 16(3)|substituted by 115/1980 s 12(d)|2.3.1981| |amended by 19/2003 s 16|7.7.2003| s 17||| s 17(1)|amended by 115/1980 s 13|2.3.1981| |amended by 48/1995 s 8(a)|22.6.1995| s 17(4)|substituted by 48/1995 s 8(b)|22.6.1995| s 17(4a)|inserted by 48/1995 s 8(b)|22.6.1995| s 17(6)|deleted in pursuance of the Acts Republication Act 1967 as its function is now exhausted|2.5.1988| ss 17A and 17B|inserted by 19/2003 s 17|7.7.2003| s 18||| s 18(1)|s 18 redesignated as s 18(1) by 115/1980 s 14|2.3.1981| s 18(2)|inserted by 115/1980 s 14|2.3.1981| |substituted by 19/2003 s 18|7.7.2003| s 19|substituted by 115/1980 s 15|2.3.1981| s 19(2)|amended by 19/2003 s 19|7.7.2003| Sch|deleted in pursuance of the Acts Republication Act 1967 as its function is now exhausted|2.5.1988| Sch 1|inserted by 77/1998 s 8|8.6.1999| Sch 1A|inserted by 77/2000 s 7|21.12.2000| |deleted by 17/2022 s 9|1.11.2022| Sch 2 |s 11(1) redesignated as Schedule of transitional provisions|2.5.1988| |heading inserted by 77/1998 s 9|8.6.1999| Transitional etc provisions associated with Act or amendments Shop Trading Hours (Miscellaneous) Amendment Act 2003 3—Transitional provision Despite subsection (2)(a) of section 13 of the Shop Trading Hours Act 1977, as inserted into that Act by this Act, until a day fixed by the Governor by proclamation under this clause, the times at which the shopkeeper of a shop situated in the Metropolitan Shopping District under that Act may open the shop will remain as: (a) until 7.00 p.m. on every weekday other than a Thursday; and (b) until 9.00 p.m. on a Thursday. 4—Review of Act (1) The Minister must, as soon as practicable after the third anniversary of the commencement of section 11 of this Act, appoint an independent person to carry out an investigation and review concerning the operation of the Shop Trading Hours Act 1977 (as amended by this Act). (2) The person appointed under subclause (1) must present to the Minister a report on the outcome of the investigation and review within 6 months after his or her appointment. (3) The Minister must, within 12 sitting days after receipt of a report under this clause, cause a copy of the report to be laid before both Houses of Parliament. Statutes Amendment (Shop Trading and Holidays) Act 2012 12—Review (1) The Minister must cause a review of the operation and impact of the amendments to the Shop Trading Hours Act 1977 made by Part 4 of this Act to be conducted and a report on the results of the review to be submitted to him or her. (2) The review must be undertaken in conjunction with the review under section 8 of this Act and the report must be submitted to the Minister at the same time as the review under that section. (3) The Minister must cause copies of the report to be laid before both Houses of Parliament at the same time as the report under section 8 is laid before both Houses. Shop Trading Hours (Extension of Hours) Amendment Act 2022, Sch 1—Transitional provision 1—Inspectors appointment to continue An appointment in force under section 7 of the Shop Trading Hours Act 1977 immediately before the commencement of section 5 of this Act continues in force as if it were an appointment by the Minister under section 7 of the Shop Trading Hours Act 1977 as amended by this Act. Historical versions 2.5.1988|| Reprint No 1—15.1.1992|| Reprint No 2—8.12.1994|| Reprint No 3—22.6.1995|| Reprint No 4—8.6.1999|| Reprint No 5—21.12.2000|| Reprint No 6—7.7.2003|| 2.4.2012|| 1.11.2022||