Queensland Consolidated Acts

TRADING (ALLOWABLE HOURS) ACT 1990 - SECT 61

61 Existing appeals against decisions on applications for orders under former s 21

(1) This section applies to an appeal—

(a) against a decision made, before the commencement, by the industrial commission on an application for an order under former section 21 ; and

(b) that was started, but not decided by the industrial court, before the commencement.

(2) If the decision was to make an order under former section 21 , the proceeding for the appeal ends on the commencement.

Note—

An order made under former section 21 before the commencement was repealed on the commencement—see section 57 .

(3) Subsections (4) and (5) apply if—

(a) the decision was to refuse to make an order under former section 21 ; and

(b) on the commencement, all of the shops to which the order would have applied if it had been made are prescribed s 16D shops; and

(c) the industrial court decides to allow the appeal, set aside the decision of the industrial commission and substitute another decision.

(4) The only decision that may be substituted by the industrial court is a decision to make an order under section 21 prescribing the following trading hours for the shops for Sundays and public holidays (other than closed days)—

(a) opening time—9a.m.;

(b) closing time—6p.m.

(5) Subsection (4) —

(a) applies despite—

(i) the Industrial Relations Act 2016 , section 558 (1) (b) ; or

(ii) if the repealed Industrial Relations Act 1999 continues to apply to the appeal proceeding— section 341 (3)(b) of that Act; and

Note—

See the Industrial Relations Act 2016 , section 1023 for the continued application of the repealed Act in relation to particular proceedings.

(b) does not otherwise limit the industrial court’s power to dismiss or allow the appeal.

(6) The appeal proceeding ends on the commencement if—

(a) the decision mentioned in subsection (1) was to refuse to make an order under former section 21 ; and

(b) on the commencement, any of the shops to which the order would have applied if it had been made are not prescribed s 16D shops.