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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 22 September 2017 at 10:57)
Schedule 3
Schedule 3 Repeal on 1 December 2017 of amendments to Act made by Retail Trading Amendment Act 2015
(Section 27 (1))
[1]   Section 3A Meaning of “freely elected to work”
Omit the section.
[2]   Section 4 Shops to be closed on restricted trading days
Insert after section 4 (2):
  
(3)  Subsection (1) (e) does not apply to a shop located in the precinct prescribed by the regulations as the Sydney Trading Precinct.
[3]   Section 5 Offence of trading on restricted trading day
Omit section 5 (3)–(5).
[4]   Section 7 Businesses of certain kinds exempt from trading restrictions
Omit “have freely elected to work on that day” from section 7 (2).
Insert instead “have freely elected to work on that day, without any coercion, harassment, threat or intimidation by or on behalf of the occupier of the shop”.
[5]   Section 7 (3) and (4)
Omit section 7 (3).
Insert instead:
  
(3)  For the purposes of subsection (2), a person is not taken to have freely elected to work on a restricted trading day merely because the person is rostered, or required by the terms of an industrial instrument, to work on that day.
(4)  Subsections (2) and (3) have effect despite any other law.
[6]   Section 8A Shop not required to be closed on Boxing Day if staff freely elect to work
Omit the section.
[7]   Section 13 Staffing on restricted trading days
Omit “have freely elected to work on that day” from section 13 (1).
Insert instead “have freely elected to work on that day, without any coercion, harassment, threat or intimidation by or on behalf of the occupier of the shop”.
[8]   Section 13 (2)
Insert after section 13 (1):
  
(2)  For the purposes of subsection (1), a person is not taken to have freely elected to work on a restricted trading day merely because the person is rostered, or required by the terms of an industrial instrument, to work on that day.
[9]   Section 14C Banks not to be open for retail banking business on bank close days
Omit section 14C (2A)–(2C).
[10]   Section 14CA Banks may be open on certain bank close days if staff freely elect to work
Omit the section.
[11]   Section 14D Extension of Bank Holiday to other financial institutions
Omit section 14D (3) (a). Insert instead:
  
(a)  the financial institution (or the branch) opens in accordance with an approval granted under this Part, or
[12]   Section 14D (4) and (5)
Insert after section 14D (3):
  
(4)  An approval for a financial institution to open on Bank Holiday may be granted under this Part as if a financial institution were a bank. For that purpose, a reference in this Part to a bank includes a reference to a financial institution.
(5)  A financial institution must not fail to comply with a condition of an approval granted under this Part.
Maximum penalty: 50 penalty units.
[13]   Section 14E Restrictions on granting approval for banks to open
Omit “or on Christmas Day” from section 14E (1).
Insert instead “, on Christmas Day or on Boxing Day”.
[14]   Section 14F Staffing on bank close days
Omit “have freely elected to work on that day” from section 14F (1).
Insert instead “have freely elected to work on that day, without any coercion, harassment, threat or intimidation by or on behalf of the bank”.
[15]   Section 14F (2)
Insert after section 14F (1):
  
(2)  For the purposes of subsection (1), a person is not taken to have freely elected to work on a bank close day merely because the person is rostered, or required by the terms of an industrial instrument, to work on that day.
[16]   Section 16
Omit the section. Insert instead:
  
16   Proceedings for offences
Proceedings for an offence under this Act or the regulations may be dealt with summarily.
[17]   Section 22A Certain lease provisions of no effect
Omit section 22A (4).
[18]   Section 26 Review of Retail Trading Amendment Act 2015
Omit the section.