Queensland Consolidated Acts

TRADING (ALLOWABLE HOURS) ACT 1990 - SECT 6

6 Independent retail shops

(1) Subject to subsections (2) and (3), an independent retail shop is a shop where—

(a) the business for which the shop is maintained is wholly owned by a person, or by persons in partnership, or by a proprietary company within the meaning of the Corporations Act, section 9 , that is not a related body corporate under the Corporations Act, section 50 ; and

(b) the number of persons engaged at any one time in the shop (including an owner of the business) does not exceed 30; and

(c) the number of persons at any one time engaged by the owner of the business (including an owner of the business) in that and any other shop or shops (exempt or non-exempt) in the State does not exceed 100; and

(d) the business for which the shop is maintained is not conducted in a shop, or part thereof, used for the conduct of business of a non-exempt shop at a time when the non-exempt shop is required by or under this Act to be closed.

(2) A shop is not an independent retail shop if—

(a) it is an exempt shop mentioned in section 5 (1)(a) or (c);

(b) it is an office;

(c) the business of the shop is, wholly or partly—

(i) the selling of goods wholesale;

(ii) the selling of motor vehicles or caravans;

(d) it is a stall in a market.

(3) If business is conducted in 2 or more areas within a building in such circumstances that it would be reasonable to believe that the business in each such area is part of 1 business conducted by any 1 person, or persons in partnership, none of such areas is an independent retail shop unless all areas together would constitute an independent retail shop as defined by subsection (1) if such belief were correct.

(4) Each of the following circumstances is evidence of the reasonableness of a belief such as is referred to in subsection (3) —

(a) the absence of walls, or fixed partitions, from floor to ceiling, defining the limits of one area used for trade in relation to another area used for trade;

(b) the availability of access from one area used for trade to another area used for trade, without the need to pass through common area;

(c) the availability of access from one area used for trade to another area used for trade through common area, without the need to pass through a structurally defined exit or entrance;

(d) the making of financial arrangements in relation to trade in any area at a location used for making such arrangements in relation to—

(i) trade in that area; and

(ii) trade in any other area;

(e) the use of a common accounting system in respect of 2 or more areas;

(f) the use of any advertising device, or means of advertising, that does not indicate that business conducted in each of 2 or more areas is conducted by a different proprietor.

(5) For the purpose of applying subsection (3) in a particular case—

(a) it is not necessary that any person has formed a belief, such as is referred to in that subsection;

(b) subsection (4) is not to be construed as exhaustive of circumstances evidencing reasonableness of a belief, such as is referred to in subsection (3) , which could be formed.