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Contents (2008 - 49)
Retail Trading Act 2008 No 49
Current version for 14 January 2018 to date (accessed 19 January 2018 at 01:19)
Part 3 Division 2
Division 2 Exemptions by Secretary
10   Secretary may exempt shops from trading restrictions
(1)  The Secretary may by order, on application by the occupier of a shop, exempt the shop from a requirement under this Act to be kept closed.
(2)  The Secretary must not grant an exemption for a shop unless the Secretary is satisfied that it is in the exceptional circumstances of the case in the public interest to do so, having regard to the following matters:
(a)  the nature of the shop and the kinds of goods sold by the shop,
(b)  the need for the shop to be kept open on the day or days concerned,
(c)  the likely effect of the proposed exemption on the local economy, tourism and small businesses and other businesses in the area,
(d)  the likely effect of the proposed exemption on employees of, or persons working in, the shop.
(3)  An application for an exemption under this Division may not be made in respect of a shop that is not in existence when the application is made.
(4)  An exemption may:
(a)  apply in respect of one or more specified restricted trading days or all restricted trading days, or
(b)  apply in respect of specified times on a restricted trading day.
(5)  An exemption has effect for the period, not exceeding 3 years, specified by the Secretary in the order.
(6)  The period of the exemption may not be extended by an amendment to the order.
(7)  An exemption may be subject to conditions.
11   Applications for exemptions
(1)  An application for an exemption by the Secretary is to be:
(a)  made in the manner and the form prescribed by the regulations, and
(b)  made not later than 28 days before the first day for which the exemption is sought, and
(c)  accompanied by the application fee, if any, prescribed by the regulations.
(2)  An application may be made in respect of more than one shop.
(3)  An applicant must, if required to do so, provide the Secretary with such additional information and documents in relation to an application as the Secretary may request.
11A   Publication of orders and reasons for decisions
(1)  The Secretary must publish on the Departmental website an order granting an exemption and the reasons for any decision made by the Secretary to grant or not to grant an exemption.
(2)  An order and reasons must be published as soon as practicable after the relevant decision is made.
11B   Deemed refusal of application
If the Secretary has not determined an application for an exemption before the end of the period of 40 days after the application was made to the Secretary (or such longer period as the Secretary determines with the consent in writing of the applicant), the Secretary is taken, for the purposes of section 12, to have made a decision to refuse to grant the exemption.
11C   Application of Division to applications for amendment or revocation of exemption orders
(1)  An occupier of a shop that is subject to an exemption under this Division may apply for the amendment or revocation of the exemption order.
(2)  This Division applies to any such application in the same way as it applies to an application for an exemption.
12   Administrative reviews by Civil and Administrative Tribunal
(1)  Any person who has applied for an exemption and is aggrieved by any of the following decisions may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision:
(a)  a determination of the Secretary to refuse to grant or to amend or revoke an exemption,
(b)  a determination of the Secretary as to the conditions subject to which, or the period for which, an exemption is granted.
(2)  Any other person who considers himself or herself to have a sufficient interest in an application for an exemption under this Division may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of any such decision.
(3)  The Civil and Administrative Tribunal is not required to conduct an administrative review of a decision on the application of a person referred to in subsection (2) if it is not satisfied that the person has a sufficient interest in the application for exemption.
(4)  A representative of an industrial organisation of which persons employed or engaged in shops are entitled or eligible to become members may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of any of the following decisions:
(a)  a determination of the Secretary to grant or to amend an exemption,
(b)  a determination of the Secretary as to the conditions subject to which, or the period for which, an exemption is granted.
(5)  In this section:
industrial organisation means:
(a)  an industrial organisation of employees within the meaning of the Industrial Relations Act 1996, or
(b)  an association of employees registered as an organisation under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth.
13   Staffing on restricted trading days
(1)  Any exemption granted by the Secretary under this Part is subject to the condition that, on a restricted trading day, the exempted shop is staffed only by persons who have freely elected to work on that day.
(2)    (Repealed)
(3)  This section has effect despite any other law.
14   Offence—failure to comply with exemption condition
An occupier of a shop must not fail to comply with a condition of an exemption imposed under this Division.
Maximum penalty: 50 penalty units.