You are using a version of the website built for webcrawlers and people whose devices cannot use javascript. Some functionality may not be available.
Contents (2008 - 49)
Skip contents
Retail Trading Act 2008 No 49
Current version for 27 June 2017 to date (accessed 22 September 2017 at 10:54)
Part 4
Part 4 Enforcement
15   Powers of inspectors
(1)  This Act is taken to be industrial relations legislation for the purposes of Part 4 of Chapter 7 of the Industrial Relations Act 1996.
Note.
 The effect of this provision is to confer on inspectors powers under that Part to inspect premises and require the production of records. It is an offence to hinder or obstruct, or fail to comply with a requirement by, an inspector under that Part.
(2)  An inspector may, for the purpose of investigating a possible contravention of this Act or the regulations, require an occupier of a shop to produce for the inspector’s examination, at such time and place as the inspector may specify, specified records indicating hours worked by employees in the shop, business receipts and other information concerning the operation of the shop at particular times.
(2A)  An inspector may, for the purpose of investigating a possible contravention of this Act or the regulations, require a bank or a financial institution within the meaning of Part 3A to produce for the inspector’s examination, at such time and place as the inspector may specify, specified records indicating hours worked by employees in the bank or financial institution, business receipts and other information concerning the operation of the bank or financial institution at particular times.
(3)  A requirement duly made under this section by an inspector is taken to be a requirement made under Part 4 of Chapter 7 of the Industrial Relations Act 1996.
16   Nature of proceedings for offences
(1)  Proceedings for an offence under this Act or the regulations may be dealt with:
(a)  summarily before a Local Court, or
(b)  summarily before the Supreme Court in its summary jurisdiction.
(2)  If proceedings are brought in a Local Court, the maximum monetary penalty that the Local Court may impose for the offence is 100 penalty units, despite any higher maximum monetary penalty provided in respect of the offence.
17   Authority to prosecute
(1)  Proceedings for an offence against this Act or the regulations may be instituted only:
(a)  by the Minister or by a person with the written consent of the Minister, or
(b)  by an inspector, or
(c)  by a person, or a person of a class, prescribed by the regulations.
(2)  In any such proceedings, a consent to institute the proceedings, purporting to have been signed by a person authorised to give a consent under this section is evidence of that consent without proof of the signature or authority of the person.
(3)  Any such proceedings instituted by a member of staff of a Division of the Government Service may be prosecuted on his or her behalf by any member of staff of that Division.
18   Evidence that shop is not closed
In any proceedings for an offence against this Act, a shop is taken not to have been closed at a time at which it is proved that:
(a)  goods were sold or offered or exposed for sale at the shop, or
(b)  goods were available for inspection by persons within the shop, or
(c)  goods that had previously been sold or ordered were delivered or were available for delivery at the shop to the person who bought or ordered them or to some other person on behalf of that person, or
(d)  orders for goods were received by a person in attendance at the shop, or
(e)  goods were received, or unpacked or otherwise prepared, at the shop for sale at the shop, or
(f)  stocktaking was carried out at the shop in respect of goods offered or exposed for sale at the shop.
19   Evidence as to exemptions
(1)  In any proceedings for an offence against this Act, a certificate signed by the Director-General and that certifies that, on a specified date or during a specified period:
(a)  a shop was or was not exempted from a specified requirement under this Act, or
(b)  that a specified exemption under this Act was or was not subject to a specified condition,
is admissible and is evidence of the matters so certified.
(2)  In any proceedings for an offence against this Act, a certificate signed by the Director-General and that certifies that, on a specified date or during a specified period:
(a)  a bank or a financial institution under Part 3A was or was not the holder of an approval under Part 3A, or
(b)  a specified approval under Part 3A was or was not subject to a specified condition,
is admissible and is evidence of the matters so certified.