Queensland Consolidated Acts

TRADING (ALLOWABLE HOURS) ACT 1990 - SECT 5

5 Exempt shops

(1) An
"exempt shop" is—

(a) a shop of a description mentioned in schedule 1AA used predominantly for selling goods by retail, or for supplying services, a reasonable person would expect to be sold or supplied in that shop; or

(b) an independent retail shop; or

(c) a shop operating in a stated area for an event—

(i) that is a unique or infrequent event of local, State or national significance; and

Examples—

• the 2018 Commonwealth Games

• the Weipa Fishing Classic event

(ii) declared by the industrial commission to be a special event for this paragraph.

(2) A declaration for subsection (1) (c)—

(a) may be made by the industrial commission on an application by an organisation, chief executive, local government or any other person; and

(b) must state the following—

(i) details of the event the subject of the declaration;

(ii) the period for which the declaration applies;

(iii) the area to which the declaration applies; and

(c) must be published on the QIRC website.

(3) In deciding whether to declare an event to be a special event for subsection (1) (c), the industrial commission—

(a) must consider—

(i) the cultural, religious or sporting significance of the event; and

(ii) the significance of the event to the economy and the tourism industry; and

(b) may consider a submission made by a local government for an area in which the declaration is likely to have an impact.

(4) A class of shop may be declared for the purposes of schedule 1AA , item 23 by reference to—

(a) the business conducted in shops of the class; or

(b) the location of shops within any area or areas of the State defined in the relevant regulation; or

(c) such other criteria as the Governor in Council thinks fit.

(5) In respect of the sale of goods wholesale in an exempt shop the provisions of this Act apply to the shop and a reference in this Act to an exempt shop does not include the shop.