Queensland Consolidated Acts

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TRADING (ALLOWABLE HOURS) ACT 1990

- As at 30 March 2018
- Act 34 of 1990

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Objects of Act
   1.4.    (Repealed)
   1.5.    (Repealed)
   1.6.    (Repealed)

   PART 2 - INTERPRETATION

   4.      Dictionary
   5.      Exempt shops
   6.      Independent retail shops
   3.1.    (Repealed)

   PART 3 - ADMINISTRATION

   7.      Confidentiality
   8.      Industrial inspector’s powers of investigation and enforcement
   9.      Limitation on authority to enter
   10.     Duty of industrial inspector
   11.     Duty of occupier etc. to assist industrial inspector
   12.     Protection from self-incrimination
   13.     Protection from liability
   14.     (Repealed)
   3.10.   (Repealed)
   3.11.   (Repealed)
   15.     (Repealed)

   PART 4 - TRADING HOURS IN SHOPS

           Division 1 - Application of part

   16.     Cases where this part not applicable

           Division 2 - Non-exempt shops

              Subdivision 1 - Preliminary

   16A.    Definitions for division
   16B.    Shops to be closed other than during permitted trading hours

              Subdivision 2 - Core trading hours

   16C.    Application of subdivision
   16D.    Shops other than hardware shops and shops selling motor vehicles or caravans
   16E.    Hardware shops
           16EA . Shops selling motor vehicles or caravans

              Subdivision 3 - Extended trading hours

           16EB . Application of subdivision
   16F.    Christmas trading hours—general
   16G.    24-hour Christmas trading for particular shops

           Division 3 - Independent retail shops

   17.     Closure of independent retail shops

           Division 4 - Other provisions

   18.     (Repealed)
   19.     Closure of non-exempt shops not to confer advantage
   20.     Closure on bank holidays
   20A.    Allowable trading hours for Retail Shop Leases Act 1994

   PART 5 - ORDERS CONCERNING NON-EXEMPT SHOPS

   21.     Trading hours orders on non-exempt shops
   22.     (Repealed)
   23.     Powers and procedures relevant to proceedings under s 21
   23A.    Reference to full bench
   24.     Industrial commission hearings
   25.     Leave may be granted by industrial commission
   26.     Matters relevant to s 21 order
   27.     Summary dismissal of application
   28.     (Repealed)
   29.     (Repealed)
   31.     Cancellation of obsolete orders

   PART 5A - (Repealed)

   PART 5B - (Repealed)

   PART 6 - ANZAC DAY PROVISIONS

   32.     Meaning of Anzac Day
   33.     Anzac Day a holiday for all employees
   34.     Real estate sales prohibited
   35.     Closure of places of public amusement
   36.     Closure of other places

   PART 7 - OFFENCES AND PROCEEDINGS

   36A.    Protection for employees—extended hours under Trading (Allowable Hours) Amendment Act 2002
           36AA . Protection for employees—Liquor and Other Legislation Amendment Act 2017
   36B.    Protection for employees—extended hours under Trading (Allowable Hours) Amendment Act 2017
           36C . Injunction to enforce observance of trading hours
   37.     Soliciting business to be transacted outside trading hours
   38.     Certain persons not to be employed as watchpersons
   39.     Obstruction of industrial inspector
   40.     Forgery etc.
   41.     General offence
   42.     Quantum of pecuniary penalty
   43.     Manner of proceedings under Act
   44.     Parties to offences
   45.     Liability for offence committed by employee
   46.     Evidentiary provisions

   PART 7A - MISCELLANEOUS PROVISIONS

   46A.    Publication of particular repealed orders
   46B.    Review of Act
   47.     Regulations

   PART 8 - TRANSITIONAL PROVISIONS

           Division 1 - Transitional provision for Act No. 23 of 1994

   48.     Extension of trading hours does not affect pay rates

           Division 2 - Transitional provision for Electrical Safety and Other Legislation Amendment Act 2009

   49.     Notifications published in industrial gazette

           Division 3 - Transitional provisions for Industrial Relations (Fair Work Act Harmonisation No. 2) and Other Legislation Amendment Act 2013

   50.     Definitions for div 3
   51.     Proceedings started before commencement
   52.     Special exhibition orders

           Division 4 - Transitional provision for Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2015

   53.     Referral by vice-president

           Division 5 - Transitional provision for Liquor and Other Legislation Amendment Act 2017

   54.     Application of amended s 31B—Easter Sunday

           Division 6 - Transitional provisions for Trading (Allowable Hours) Amendment Act 2017

   55.     Definitions for division
   56.     Shops in Mossman and Port Douglas Tourist Area
   57.     Repeal of existing orders
   59.     Moratorium on trading hours orders and restriction on making applications
   60.     Existing applications for orders under former s 21
   61.     Existing appeals against decisions on applications for orders under former s 21
   62.     Restriction on starting appeal if decision made before commencement
   62A.    Particular orders required to be approved by regulation
   63.     Applications and appeals relating to orders under former s 22

   PART 9 - (Repealed)
           SCHEDULE 1AA
           SCHEDULE 1AB
           SCHEDULE 1


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