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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 23 September 2017 at 08:31)
Part 5
Part 5 Miscellaneous
20   Delegation
The Director-General may delegate the exercise of any function of the Director-General under this Act (other than this power of delegation) to:
(a)  any member of staff of the Department of Services, Technology and Administration, or
(b)  any person, or any class of persons, authorised for the purposes of this section by the regulations.
21   Service of documents
(1)  A document that is authorised or required by this Act or the regulations to be served on any person may be served by:
(a)  in the case of a natural person:
(i)  delivering it to the person personally, or
(ii)  sending it by post to the address specified by the person for the giving or service of documents or, if no such address is specified, the residential or business address of the person last known to the person giving or serving the document, or
(iii)  sending it to an email address specified by the person for the service of documents of that kind, or
(iv)  any other method authorised by the regulations for the service of documents of that kind, or
(b)  in the case of a body corporate:
(i)  leaving it with a person apparently of or above the age of 16 years at, or by sending it by post to, the head office, a registered office or a principal office of the body corporate or to an address specified by the body corporate for the giving or service of documents, or
(ii)  sending it to an email address specified by the body corporate for the service of documents of that kind, or
(iii)  any other method authorised by the regulations for the service of documents of that kind.
(2)  Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be served on a person in any other manner.
22   Regulations
(1)  The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2)  Without limiting subsection (1), regulations may be made for or with respect to the publication or advertising of applications for exemptions under this Act or of information relating to any such applications or exemptions.
(3)  The regulations may create offences punishable by a penalty not exceeding 50 penalty units.
22A   Provisions relating to shops in leased premises
(1)  A provision of a lease is void to the extent that it requires the occupier of a shop to keep the shop open at any time on a restricted trading day.
(2)  This section has effect whether or not the shop is the subject of an exemption under this Act.
(3)  In this section:
lease includes an agreement or arrangement between the occupier of a shop and the owner of the premises in which the shop is located or, if the occupier is a sub-lessee of those premises, between the occupier and the lessee of those premises.
(4)  An owner or lessor of premises, or a person acting for an owner or lessor of premises, must not require an occupier of a shop located in the premises that is the subject of a lease to keep the shop open at any time on a restricted trading day.
Maximum penalty: 200 penalty units.
22B   Compensation not payable
(1)  Compensation is not payable by or on behalf of the State arising directly or indirectly from any of the following matters occurring before or after the commencement of this section:
(a)  the enactment or operation of this Act or the Shop Trading Amendment Act 2010,
(b)  the exercise by any person of a function under Part 2 or 3 of this Act or a failure to exercise any such function,
(c)  any statement or conduct relating to the regulation of shop opening hours or restricted trading days.
(2)  In this section:
compensation includes damages or any other form of monetary compensation.
conduct includes any act or omission, whether unconscionable, misleading, deceptive or otherwise.
statement includes a representation of any kind:
(a)  whether made verbally or in writing, and
(b)  whether negligent, false or misleading or otherwise.
the State means the Crown within the meaning of the Crown Proceedings Act 1988, and includes an officer, employee or agent of the Crown and an inspector.
this Act includes the regulations and any order made under this Act.
23   Savings, transitional and other provisions
Schedule 2 has effect.
24, 25   (Repealed)
(1)  The Minister is, as soon as possible after 1 February 2017, to appoint an independent person to review this Act to determine whether the policy objectives of the Retail Trading Amendment Act 2015 (the amendment Act) remain valid and whether the terms of this Act remain appropriate for securing those objectives.
(2)  The review is to be undertaken as soon as possible after 1 February 2017.
(3)  A report on the outcome of the review is to be tabled in each House of Parliament on or before 1 September 2017.
27   Sunset of amendments made by Retail Trading Amendment Act 2015
(1)  This Act is amended on 1 December 2017 as set out in Schedule 3.
(2)  The Retail Trading Regulation 2014 is amended on 1 December 2017 as set out in Schedule 4.