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Contents (2008 - 49)
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Retail Trading Act 2008 No 49
Current version for 27 June 2017 to date (accessed 20 September 2017 at 08:32)
Part 3 Division 1 Section 8
8   Small shops exemption
(1)  A shop is exempted from a requirement under this Act to be kept closed at a particular time if it complies with the requirements of this section.
(2)  The occupier or occupiers of the shop must be:
(a)  natural persons not exceeding 2 in number (whether or not carrying on the business of the shop in partnership) or 1 corporation, and
(b)  the owner or owners of the business of the shop and entitled to the profits of that business.
(3)  The number of persons engaged in the shop as employees or otherwise in the conduct of the business of the shop on any day (either at the same time or at different times) is not to exceed 4.
(4)  The number of persons permitted to be engaged in a small shop as referred to in subsection (3) does not include:
(a)  the occupier or occupiers or, if the occupier is a corporation, not more than 2 natural persons who are shareholders of the corporation, or
(b)  any person so engaged in an emergency during the absence from the shop for part of a day of a person who is so engaged in the shop on that day, or
(c)  any person so engaged outside the normal working hours of any person so engaged on a full-time basis.
(5)  An occupier of the shop must not be acting as the employee of or acting directly or indirectly as the agent of another person in the conduct of the business of the shop.
(6)  A shop does not comply with the requirements of this section if a direct or indirect interest in the business of the shop is held by:
(a)  a corporation that is engaged in a business of another shop or a hairdresser, or
(b)  a director of a corporation that is engaged in a business of another shop or a hairdresser, or
(c)  any other person who is engaged, as an employee or otherwise, in a business of another shop or a hairdresser, or
(d)  any corporation (whether or not engaged in a business) that for the purposes of section 50 of the Corporations Act 2001 of the Commonwealth is to be taken to be related to a corporation referred to in paragraph (a) or (b).
(7)  A reference in any other Act, award or instrument to a small shop as defined in this Act is to be read as a reference to a shop that meets the requirements of this section.
(8)  In this section:
shareholder, in relation to a corporation, means a person having a relevant interest in a share in that corporation for the purposes of Part 6C.1 of the Corporations Act 2001 of the Commonwealth.