His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Shops and Industries Act 1962.

JOHN DELLA BOSCA, M.L.C.,

Minister for Industrial Relations

Explanatory note

The object of this Regulation is to remake, without substantial alteration, the Shops and Industries (Trading) Regulation 2002. That Regulation will be repealed on 1 September 2007 by section 10 (2) of the Subordinate Legislation Act 1989.

This Regulation:

(a)  prescribes the fees to accompany an application by a bank to open on weekends under the Shops and Industries Act 1962 (the Act), and

(b)  prescribes the trades that are, for the purposes of the Act, taken to be those usually carried on in specified classes of shops, and

(c)  classifies all shops (other than scheduled shops under the Act) as general shops for the purposes of the definition of that term in section 78 (1) of the Act, and

(d)  prescribes the manner and accompanying fee of an application by a shopkeeper for exemptions from all or any of the opening and closing hour restrictions under the Act, and

(e)  prescribes the manner by which certain goods may be partitioned off in a mixed shop.

This Regulation is made under the Shops and Industries Act 1962, including sections 6 (2) (c), 78 (1), 78A (1), 82, 102 and 144 (the general regulation-making power).

1   Name of Regulation

This Regulation is the Shops and Industries Regulation 2007.

2   Commencement

This Regulation commences on 1 September 2007.

Note. This Regulation replaces the Shops and Industries (Trading) Regulation 2002 which is repealed on 1 September 2007 under section 10 (2) of the Subordinate Legislation Act 1989.

3   Definition and notes

(1)  In this Regulation:

the Act means the Shops and Industries Act 1962.

(2)  Notes included in this Regulation do not form part of this Regulation.

4   Applications under Part 2 of the Act—opening of banks on weekends

For the purposes of section 6 (2) (c) of the Act, the prescribed fee to accompany an application by a bank under that section is:

(a)  if the application relates to specified branches of the bank—$50 for each specified branch up to a maximum fee of $2,500, or

(b)  if the application relates to all of the branches of the bank from time to time—$2,500.

5   Trades taken to be usually carried on in certain shops

For the purposes of Part 4 of the Act:

(a)  the trade that consists primarily of the hiring out of pre-recorded video cassettes, video tapes and DVDs is taken to be the trade usually carried on in the class of shops known as video shops, and

(b)  in respect of each class of shops specified in Schedule 1, the trade that consists primarily of the sale of goods of a kind specified in that Schedule in respect of that class of shops is taken to be the trade usually carried on in that class of shops, and

(c)  no trade other than a trade specified in this clause or in Schedule 1 in respect of a particular class of shops is to be taken to be a trade usually carried on in the class of shops concerned.

6   General shops

For the purposes of the definition of general shop in section 78 (1) of the Act, all shops (other than scheduled shops within the meaning of that subsection) are classified as general shops.

7   Exemption from Division 3 of Part 4 of the Act

(1)  An application under section 78A (1) of the Act:

(a)  must be in writing, and

(b)  must specify whether the exemption is sought:

(i)  from all of the provisions of Division 3 of Part 4 of the Act and of the provisions of the regulations made for the purposes of that Division, or

(ii)  from such provisions only of that Division or of those regulations as are specified in the application, and

(c)  must specify the grounds on which the exemption is sought.

(2)  The fee to accompany an application under section 78A (1) of the Act is $100.

8   Partitioning off of goods in mixed shops

(1)  For the purposes of section 82 of the Act, the prescribed manner of partitioning off goods is by enclosing the goods behind a partition that is constructed from strong and durable materials and is of sufficient height to prevent access from the part of the shop that is kept open.

(2)  The Director-General may from time to time approve materials for use in the construction of partitioning, and the dimensions of partitions to be used, for the purposes of this clause.

(3)  A partition that is constructed from approved materials and is of approved dimensions is taken to comply with the requirements of subclause (1).

9   Savings

(1)  Any act, matter or thing that, immediately before the repeal of the Shops and Industries (Trading) Regulation 2002, had effect under that Regulation continues to have effect under this Regulation.

(2)  In any award, agreement, order or determination in force under the Industrial Relations Act 1996 immediately before the commencement of this Regulation, a reference to a class of shops referred to in:

(a)  Schedule 2 to the Shops (Registration and Opening and Closing Hours) Regulations, or

(b)  Schedule 1 to the Shops (Trading Hours) Regulation 1992, or

(c)  Schedule 1 to the Shops (Trading Hours) Regulation 1997, or

(d)  Schedule 1 to the Shops and Industries (Trading) Regulation 2002,

      continues to be a reference to the class of shops so referred to as if those Regulations had not been repealed.

Schedule 1 Trades taken to be usually carried on in certain shops

(Clause 5)

Classes of shops	Kinds of goods
Audio shops	Records, compact discs or blank or pre-recorded audio cassettes or audio tapes
Book shops	Books, periodicals or magazines, whether or not sold in conjunction with the sale of stationery requisites
Chemists’ shops	Drugs, chemicals, medicines or other pharmaceutical goods, where sold by a registered pharmacist under the Pharmacy Act 1964
Confectioners’ shops	Confectionery
Cooked food shops, being:
(a)  cake and pastry shops	Cakes, pastries or pies
(b)  cooked provision shops	Cooked or other processed meats, poultry or preserves
(c)  refreshment shops	Light refreshments, milk, soft drinks, hot beverages or confectionery
(d)  restaurants	Meals, snacks or hot or cold beverages, where sold for consumption on the premises
(e)  take-away food shops	Meals, snacks or hot or cold beverages, where sold for consumption elsewhere than on the premises
Fish shops	Cooked or uncooked fish or shellfish
Flower shops	Cut flowers, plants, seeds, seedlings, wreaths, bouquets or other floral emblems
Fruit and vegetable shops	Fresh fruit or vegetables
Garden plant shops	Garden plants or shrubs, seeds, garden equipment or associated products
General shops	Any goods other than those prescribed in respect of: (a)  video shops (as referred to in clause 5 (a)), or (b)  any other class of shops specified in this Schedule
Newsagencies	Newspapers, periodicals and magazines, whether or not sold in conjunction with the sale of books, stationery, cards, educational requisites or souvenirs
Pet shops	Live animals, birds, reptiles, fish, pet food or pet accessories
Souvenir shops	Souvenirs and gift items
Tobacconists’ shops	Tobacco, cigarettes or cigars, whether or not sold in conjunction with the sale of pipes or other smoking requisites or accessories
Vehicle service shops	Motor spirit, motor oil or vehicle accessories
Vehicle shops	Cars, trucks, motorcycles, boats, caravans or trailers, whether or not sold in conjunction with the sale of accessories or parts

Historical notes

The following abbreviations are used in the Historical notes:

Am	amended	LW	legislation website	Sch	Schedule
Cl	clause	No	number	Schs	Schedules
Cll	clauses	p	page	Sec	section
Div	Division	pp	pages	Secs	sections
Divs	Divisions	Reg	Regulation	Subdiv	Subdivision
GG	Government Gazette	Regs	Regulations	Subdivs	Subdivisions
Ins	inserted	Rep	repealed	Subst	substituted

Table of amending instruments

Shops and Industries Regulation 2007 (425). GG No 108 of 31.8.2007, p 6517. Date of commencement, 1.9.2007, cl 2.