Contents (2008 - 49)
Retail Trading Act 2008 No 49
Part 2 Restricted shop trading days
4 Shops to be closed on restricted trading days
(1) All shops must be kept closed at the following times:(a) at all times on Good Friday,(b) at all times on Easter Sunday,(c) at all times before 1pm on Anzac Day,(d) at all times on Christmas Day,(e) at all times on Boxing Day.(2) This section is subject to any exemption of a shop from the requirements of this Act under Part 3.(3) (Repealed)
5 Offence of trading on restricted trading day
(1) An occupier of a shop must keep the shop closed on a restricted trading day in accordance with section 4.Maximum penalty: 100 penalty units.(2) It is a defence to a prosecution for an offence under this section if a shop is kept open at a time that is 30 minutes or less after the commencement of a restricted trading day for the purposes of serving a customer:(a) who was in the shop before the commencement of that day, and(b) to whom goods had been sold or offered for sale in the shop before that commencement.(3) A person commits an offence against this subsection if the person commits an offence under subsection (1) in circumstances of aggravation.Maximum penalty: 100 penalty units for each person who did not freely elect to work on the restricted trading day.(4) In subsection (3), circumstances of aggravation means circumstances in which the shop was staffed by any person who did not freely elect to work on the restricted trading day concerned.(5) If on the trial of a person charged with an offence against subsection (3) the trier of fact is not satisfied that the offence is proven but is satisfied that the person has committed an offence against subsection (1), the trier of fact may acquit the person of the offence charged and find the person guilty of an offence against subsection (1), and the person is liable to punishment accordingly.
6 Advertising of trading on restricted trading day
A person must not publish, or cause to be published, (by any means) an express or implied statement that, at any time at which a shop is required to be kept closed under this Act, the shop will be open for business.Maximum penalty: 50 penalty units.
6A Relationship to Liquor Act 2007
(1) For the avoidance of doubt, nothing in the Liquor Act 2007, or in a packaged liquor licence under that Act, operates to exempt any licensed premises from a requirement under this Act to be kept closed.(2) In this section:licensed premises means premises to which a packaged liquor licence under the Liquor Act 2007 relates.