1   Name of Regulation

This Regulation is the Retail Trading Regulation 2009.

2   Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

3   Definition

In this Regulation, the Act means the Retail Trading Act 2008.

3A   Sydney Trading Precinct

For the purpose of section 4 (3) of the Act, the Sydney Trading Precinct is the precinct described as:

(a)  having a northern boundary composed by the southern shoreline of Port Jackson Harbour, extending from Rushcutters Bay to Jubilee Park at Blackwattle Bay, and

(b)  having a western boundary extending from Jubilee Park at Blackwattle Bay, along the western side of Glebe Point Road to Parramatta Road, and then in a direct line to the corner of City Road and Cleveland Street, Chippendale, and

(c)  having a south-western boundary extending from the corner of City Road and Cleveland Street, Chippendale, proceeding in a direct line to the corner of South Dowling Street and Todman Avenue, Kensington, and

(d)  having a south-eastern boundary from the corner of South Dowling Street and Todman Avenue, Kensington, proceeding in a direct line to the corner of Council Street and Bondi Road, Bondi Junction, and

(e)  having a north-eastern boundary from the corner of Council Street and Bondi Road, Bondi Junction, proceeding in a direct line to the corner of New South Head Road and Neild Avenue, Rushcutters Bay, and then in a direct line due north to the southern shoreline of Port Jackson Harbour.

Note. An illustration of the above description is as follows:

4   Public review period for exemption applications

(1)  Before determining an application for an exemption under Division 2 of Part 3 of the Act, the Director-General must:

(a)  cause the application to be publicly exhibited for a period of at least 14 days, and

(b)  seek public comment on the application during the period of public exhibition, and

(c)  have regard to any public comment received during that period.

(2)  This clause does not apply to an application for an exemption made before the commencement of this clause.

(3)  This clause as amended by the Retail Trading Amendment Regulation 2011 extends to an application for an exemption made but not finally determined before the commencement of the amendment.

5   Application for exemption

An application for exemption is to be in the form set out in Schedule 1.

6   (Repealed)

Schedule 1 Application form

Application for retail trading on restricted trading days

Applicant’s details

Applicant’s name:

Business name:

Trading name:

ABN/ACN:

Particulars of shop/s for which you are seeking an exemption:

Contact details

Street address: [include city/town and postcode]

Postal address: [if different from above]

Telephone number: [include area code]

Fax number:

Email address:

Person making the application:

Position title:

Details of exemption being sought

Please identify the restricted trading day/s for which you are seeking an exemption:

Is the exemption for:

Information required to support the application

Important note. 

In the case of an application for an exemption relating to more than one shop or restricted trading day, the information below should be provided separately for each shop and day.

Please specify the shop and restricted trading day to which the information below relates:

Please nominate the proposed trading hours:
Commencing at:      [am/pm]
Closing at:      [am/pm]

Note. 

The Director-General of the NSW Department of Services, Technology and Administration may only grant an exemption if satisfied that it is, in the exceptional circumstances of the case, in the public interest to approve this application.

Please specify the exceptional circumstances in support of your exemption application for the shop and restricted trading day specified above:

Note. 

“Exceptional circumstances” must be more than “special circumstances” to satisfy the requirements under section 10 (2) of the Retail Trading Act 2008. For guidance on the test for “exceptional circumstances”, please refer to Dwyer v Department of Services, Technology and Administration and Kmart Australia Limited [2010] NSWADT 312.

To determine whether the exemption sought is in the public interest, please answer the following questions:

1.  What is the nature of the business and kinds of goods sold?*

2.  What is the need for the shop to be open on the restricted trading day?*

3.  What is the likely effect on the local economy, tourism, small businesses and other businesses in the area if the exemption is granted?*

4.  What is the likely effect on employees or persons working in the shop if the exemption is granted?*

Note. 

The Director-General of the NSW Department of Services, Technology and Administration will have regard to each of the matters asterisked above in determining whether the exemption sought is in the public interest.

Employees working on the restricted trading day will be employed under which industrial instrument/s?

Number of employees likely to work in the shop if the exemption is granted? [insert number]

Note. 

This application will be put on public exhibition by the Director-General of the NSW Department of Services, Technology and Administration.

It is an offence to fail to comply with any conditions imposed on an exemption by the Director-General.

[signature]

[date]

Schedule 2 (Repealed)

Historical notes

The following abbreviations are used in the Historical notes:

Table of amending instruments

Retail Trading Regulation 2009 (186) (formerly Shop Trading Regulation 2009). LW 22.5.2009. Date of commencement, on publication on LW, cl 2. This Regulation has been amended as follows:

Table of amendments