Contents (2008 - 49)
Retail Trading Act 2008 No 49
Part 1 Preliminary
1 Name of Act
This Act is the Retail Trading Act 2008.
This Act commences on 1 July 2008.
(1) In this Act:bank—see section 14A.Departmental website means the Internet website used for the time being by the Department of Finance, Services and Innovation to provide public access to information for the purposes of this Act.exercise a function includes perform a duty.function includes a power, authority or duty.inspector means an inspector within the meaning of the Industrial Relations Act 1996.occupier of a shop includes:(a) a person entitled to occupy the shop, and(b) a person managing or controlling, or apparently managing or controlling, a business carried on in the shop, and(c) a person who is, or appears to be, the employer of a person or persons working in a business carried on in the shop.premises means any land, structure (fixed or movable), vessel or other vehicle.restricted trading day means Good Friday, Easter Sunday, Anzac Day (but only before 1pm), Christmas Day or Boxing Day.Secretary means the Secretary of the Department of Finance, Services and Innovation.shop means premises:(a) that are used wholly or predominantly for the retail sale of goods, and(b) in or at which goods are sold or exposed or offered for sale by retail on one or more occasions.Note.The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.(2) Notes included in this Act do not form part of this Act.
3A Meaning of “freely elected to work”
For the purposes of this Act, a person has not freely elected to work on a day:(a) if the person works on the day because the person has been coerced, harassed, threatened or intimidated by or on behalf of the occupier of the shop or on behalf of the bank, or(b) merely because the person is rostered, or required by the terms of an industrial instrument, to work on that day.