Retail Trading Hours Amendment Act 2016
Western Australia
Retail Trading Hours Amendment Act 2016
Contents
Part 1 — Preliminary
1.Short title2
2.Commencement2
Part 2 — Retail Trading Hours Act 1987 amended
3.Act amended3
4.Section 4 amended3
5.Section 5 amended4
6.Section 12 amended4
7.Section 12A deleted4
8.Section 14A amended4
9.Sections 14B and 14C deleted5
10.Section 15 amended5
11.Section 25 amended5
Part 3 — Subsidiary legislation repealed
12.Regulations repealed6
13.Orders repealed6
Retail Trading Hours Amendment Act 2016
An Act to amend the Retail Trading Hours Act 1987 and, as a consequence, to repeal certain regulations and orders made under that Act.
[Assented to 16 November 2016]
The Parliament of Western Australia enacts as follows:
This is the Retail Trading Hours Amendment Act 2016.
This Act comes into operation as follows —
(a)Part 1 — on the day on which this Act receives the Royal Assent;
(b)the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.
Part 2 — Retail Trading Hours Act 1987 amended
This Part amends the Retail Trading Hours Act 1987.
(1)After section 4(1) insert:
(2A)Despite subsection (1), this Act does not apply to Rottnest Island.
(2)In section 4(3):
(a)delete “is used as —” and insert:
is —
(b)in paragraph (d) delete “and is”;
(c)in paragraph (d) delete “running.” and insert:
running; or
(d)after paragraph (d) insert:
(e)a retail shop located in a short‑term market.
(3)After section 4(3) insert:
(4A)For the purposes of subsection (3)(e) a retail shop is located in a short‑term market if —
(a)it is one of a group of retail shops that are placed at a particular location on a particular day and removed from that location before midnight on that day; and
(b)some or all of the retail shops in the group are operated by different persons; and
(c)none of the shops in the group is a motor vehicle shop.
In section 5(2) delete “or 14B(4)”.
(1)Delete section 12(2) and insert:
(2)Subsection (1) does not apply to a motor vehicle shop.
(2)Delete section 12(4) and insert:
(4)Subsection (3) does not apply to a motor vehicle shop.
Delete section 12A.
In section 14A(1):
(a)in paragraph (b) delete “paragraph; or” and insert:
paragraph.
(b)delete paragraphs (c) and (d).
9.Sections 14B and 14C deleted
Delete sections 14B and 14C.
In section 15(1)(e)(iii) delete “in, or prescribed for the purposes of, a relevant paragraph of section 14A(1).” and insert:
in section 14A(1)(a) or prescribed for the purposes of section 14A(1)(b).
Delete section 25(2) and insert:
(2)A person commits an offence if the person operates a retail shop that is certified to be a small retail shop under section 10(3)(c) and is not owned and operated in accordance with section 10(3)(a), (b), (ba), (bb), (bc), (bd) and (be).
Part 3 — Subsidiary legislation repealed
The Retail Trading Hours (Holiday Resorts) Regulations 2012 are repealed.
These orders are repealed:
(a)the Retail Trading Hours (Rottnest Island Holiday Resort) Order 2007;
(b)the Retail Trading Hours (Rockingham Holiday Resort) Order 2012;
(c)the Retail Trading Hours (Wanneroo Holiday Resort) Order 2012.
By Authority: JOHN A. STRIJK, Government Printer