Retail Trading Hours Amendment (Referendums) Act 2004

 

Retail Trading Hours Amendment (Referendums) Act 2004

CONTENTS

1.           Short title                                                                         1

2.           Commencement                                                               2

3.           The Act amended                                                             2

4.           Section 43 inserted                                                           2

43.            Referendums on trading hours                             2

 

 

 

Retail Trading Hours Amendment (Referendums) Act 2004

No. 78 of 2004

An Act to amend the Retail Trading Hours Act 1987 to provide for two questions relating to retail trading hours to be submitted to the electors under the Referendums Act 1983.

 

[Assented to 8 December 2004]

 

The Parliament of Western Australia enacts as follows:

1.           Short title

             This Act may be cited as the Retail Trading Hours Amendment (Referendums) Act 2004.

2.           Commencement

             This Act comes into operation on the day on which it receives the Royal Assent.

3.           The Act amended

             The amendment in this Act is to the Retail Trading Hours Act 1987*.

              [* Reprinted as at 18 January 2002.]

4.           Section 43 inserted

             After section 42 the following section is inserted —

43.         Referendums on trading hours

    (1)    In this section —

    “day of the next general election means the day fixed under the Electoral Act 1907 as the polling day for the first general election for the Legislative Assembly to be held after the Retail Trading Hours Amendment (Referendums) Act 2004 comes into operation;

    “electors has the meaning given to that term in section 2(1) of the Referendums Act 1983.

    (2)    Questions 1 and 2 set out in subsection (3) are to be submitted to the electors under and in accordance with the Referendums Act 1983 on the day of the next general election.

    (3)    The questions to be submitted to the electors are — 

    (a)    question 1:

             Extended week night shopping

             Do you believe that the Western Australian community would benefit if trading hours in the Perth Metropolitan Area were extended to allow general retail shops to trade until 9 pm Monday to Friday?

”;

             and

    (b)    question 2:

             Extended Sunday shopping

             Do you believe that the Western Australian community would benefit if trading hours in the Perth Metropolitan Area were extended to allow general retail shops to trade for 6 hours on Sunday?

”.

    (4)    When an elector is voting at the referendum as to question 1 — 

    (a)    if the elector believes that the Western Australian community would benefit if trading hours in the Perth Metropolitan Area were extended to allow general retail shops to trade until 9 pm Monday to Friday, the elector is to place the word “Yes” in the space provided on the ballot paper for the answer to that question; or

 

    (b)    if the elector does not believe that the Western Australian community would benefit if trading hours in the Perth Metropolitan Area were extended to allow general retail shops to trade until 9 pm Monday to Friday, the elector is to place the word “No” in the space provided on the ballot paper for the answer to that question.

    (5)    When an elector is voting at the referendum as to question 2 — 

    (a)    if the elector believes that the Western Australian community would benefit if trading hours in the Perth Metropolitan Area were extended to allow general retail shops to trade for 6 hours on Sunday, the elector is to place the word “Yes” in the space provided on the ballot paper for the answer to that question; or

    (b)    if the elector does not believe that the Western Australian community would benefit if trading hours in the Perth Metropolitan Area were extended to allow general retail shops to trade for 6 hours on Sunday, the elector is to place the word “No” in the space provided on the ballot paper for the answer to that question.

”.

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