You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Warning: This page is an archive.
General administrative information and links are not current and should not be used.
Contents (2008 - 49)
Retail Trading Act 2008 No 49
Current version for 25 September 2017 to date (accessed 18 November 2017 at 10:02)
Schedule 2
Schedule 2 Savings, transitional and other provisions
(Section 23)
Part 1 General
1   Regulations
(1)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:
this Act
any other Act that amends this Act
(2)  Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3)  To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a)  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b)  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Part 2 Provisions consequent on enactment of this Act
2   Exemptions under Shops and Industries Act 1962
(1)  This clause applies to a shop:
(a)  for which an exemption (an existing exemption) was in force, immediately before the repeal of the Shops and Industries Act 1962, that permitted the shop to be kept open on a restricted trading day, and
(b)  that is not exempt from the requirement under this Act to be kept closed on a restricted trading day.
(2)  A shop to which this clause applies is taken to be exempted by the Director-General under section 10, subject to any conditions applicable to the existing exemption, from the requirement to be kept closed on any restricted trading day to which the existing exemption applied.
(3)  The Director-General may amend or revoke an exemption referred to in subclause (2).
(4)  Without limiting subclause (2):
(a)  section 13 applies to an exemption referred to in that subclause, and
(b)  the occupier of a shop that is subject to an existing exemption may apply under Part 3 of this Act for an order amending the exemption.
3   Exemptions for fairs and shows
(1)  This clause applies to a shop associated with an agricultural, pastoral or horticultural show or trade exhibition or trade fair:
(a)  for which an approval (an existing approval) was in force, immediately before the repeal of section 101 of the Shops and Industries Act 1962, that permitted the show or fair to be kept open on a restricted trading day, and
(b)  that is not exempt from the requirement under this Act to be kept closed on a restricted trading day.
(2)  A shop to which this clause applies is taken to be exempted by the Director-General under section 10, subject to any conditions applicable to the existing approval, from the requirement to be kept closed on any restricted trading day to which the existing approval applied.
(3)  The Director-General may amend or revoke an exemption referred to in subclause (2).
4   References to shops under the Shops and Industries Act 1962
Except as provided by the regulations, a reference in any industrial instrument within the meaning of the Industrial Relations Act 1996 to a shop, general shop, special shop, small shop or other shop within the meaning of the Shops and Industries Act 1962 or the Shops and Industries Regulation 2007, or within the meaning of a provision of that Act or Regulation, is a reference to that expression as in force immediately before the repeal of that Act or Regulation.
5   Reference to Liquor Act 2007
If this Act commences before the commencement of the Liquor Act 2007 and until the commencement of that Act, the references in section 9 to:
(a)  a hotel licence is to be construed as a reference to a hotelier’s licence within the meaning of the Liquor Act 1982, and
(b)  to the Liquor Act 2007 is to be construed as a reference to the Liquor Act 1982.
Part 3 Provisions consequent on enactment of Shop Trading Amendment Act 2009
6   Definition
In this Part:
2009 amending Act means the Shop Trading Amendment Act 2009.
7   Existing applications
(1)  This clause applies to an application for an exemption under section 10 made, but not finally determined, before the commencement of the 2009 amending Act.
(2)  Sections 10, 11 (2) and (3) and 11A–11C, as inserted by that Act, extend to any such application.
8   Existing exemptions
(1)  The amendments made by the 2009 amending Act do not affect the operation of an exemption granted after the commencement of this Act under Division 2 of Part 3 of this Act, and in force immediately before the commencement of the 2009 amending Act (an existing Departmental exemption).
(2)  An existing Departmental exemption is taken to have been made, and may be revoked or amended, under Division 2 of Part 3 of this Act as amended by the 2009 amending Act.
(3)  To avoid doubt, an existing Departmental exemption that applies in respect of a specified area or areas continues in force and may be so revoked or amended.
(4)  An existing Departmental exemption ceases to have effect 3 years after the commencement of the 2009 amending Act, or on the date on which it would otherwise cease to have effect, whichever occurs first.
Part 4 Provisions consequent on enactment of Shop Trading Amendment Act 2010
9   Existing approvals for banks to open
(1)  An approval in force under Schedule 6 to the former Act immediately before the repeal of that Act is taken to have been granted under Part 3A of this Act as inserted by Schedule 1 [12] to the Shop Trading Amendment Act 2010.
(2)  This clause extends to an approval in force under Schedule 6 to the former Act as a result of the operation of clause 5 of that Schedule (which relates to approvals in force under Part 2 of the Shops and Industries Act 1962 and clause 4 of the Shops and Industries Regulation 2007 immediately before the commencement of Schedule 6 to the former Act).
(3)  In this clause:
former Act means the Banks and Bank Holidays Act 1912.
10   References to Act
On and from the commencement of Schedule 1 [2] to the Shop Trading Amendment Act 2010, a reference in any other Act, or in any instrument, to the Shop Trading Act 2008 is taken to be a reference to the Retail Trading Act 2008.