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TRADING (ALLOWABLE HOURS) ACT 1990 - SCHEDULE 1

SCHEDULE 1 – Dictionary


"2017 trading hours order" see section 16A .

"chief industrial inspector" means the chief inspector under the Industrial Relations Act 2016 .

"closed" means locked, or otherwise secured, to the complete exclusion of the public.

"closed day" see section 16A .

"closing time" means, in relation to a shop, the time at which the shop is required, by an industrial commission order relating to trading hours or by part 4 , to be closed for business on any day.

"commissioner" ...

"employee" means a person employed in any calling, whether on wages or piecework rates, or as a member of a buttygang, and includes—

(a) a person whose usual occupation is that of an employee in a calling;
(b) a person employed in any calling notwithstanding that—
(i) the person is working under a contract for labour only, or substantially for labour only;
(ii) the person is lessee of any tools or other implements of production, or of any vehicle used in delivery of goods;
(iii) the person is the owner, wholly or partially, of any vehicle used in transport of goods or passengers;
if such factor is the only reason against holding the person to be an employee;
(c) each person, being 1 of 4 or more persons who are, or claim to be, partners working in association in any calling or industry.

"exempt shop" see section 5 .

"factory" means—
(a) a place in which—
(i) 2 or more persons (whether the occupier or not) are engaged in a manufacturing process; or
(ii) steam, water, mechanical or other power is used in, or in aid of, a manufacturing process, or in packing goods for transport; or
(iii) electricity is generated or transformed for the supply of heat, light or power;
(b) any bakehouse, cafe or other place whatsoever in which food or drink for human consumption is prepared or manufactured for sale, trade or gain;
(c) a laundry in which 2 or more persons (whether the occupier or not) are engaged, or in which mechanical power is used, and in which laundry work is performed for hire or reward or other gain, or which is carried on as ancillary to another business;
(d) any boatbuilding yard, shipbuilding yard, dock, dockyard, ship-repairing yard or other place in which a boat or ship is constructed, reconstructed, repaired, fitted, refitted, finished or broken up;
(e) a shearing shed, woolscour or boiling-down works;
and includes—
(f) any place of a description referred to in paragraphs (a) to (e), although it is—
(i) in the open air; or
(ii) in a building only partly constructed or under construction;
(g) where the operations of a factory are carried on in 2 or more places that are adjacent, all of those places notwithstanding that any of those places are separated by any place or places not forming part of the factory in question;
but does not include any—
(h) corrective services facility, reformatory or reformatory farm; or
(i) industrial school.

"full bench" , of the industrial commission, see the Industrial Relations Act 2016 , section 432 .

"hardware shop" see section 16A .

"independent retail shop" means a shop prescribed by section 6 to be an independent retail shop.

"Industrial Commission" ...

"industrial commission order" means an order made by the industrial commission under part 5 , and includes an order made under the Industrial Conciliation and Arbitration Act 1961 that continues to have effect for the purposes of this Act.

"Industrial Court" ...

"industrial inspector" or
"inspector" means an inspector under the Industrial Relations Act 2016 .

"Industrial Magistrate" ...

"industrial organisation" means a body registered as an industrial organisation, or a body whose registration was continued or preserved, under the Industrial Relations Act 2016 .

"industrial registrar" means the person who is, for the time being, the industrial registrar within the meaning of the Industrial Relations Act 2016 .

"local authority" ...

"manufacturing process" means any handicraft or process in or incidental to making, assembling, altering, repairing, renovating, preparing, ornamenting, finishing, cleaning, washing or adapting goods or any part thereof, for sale, trade or gain, or as ancillary to any business.

"market" means any place where persons occupy or have the use of stalls at which goods are sold, by retail.

"Minister" ...

"non-exempt shop" means a shop other than—
(a) an exempt shop; or
(b) an office; or
(c) a stall.

"occupier" means, in relation to a factory, shop or other place—
(a) a person in actual occupation of the factory, shop or place;
(b) a person who employs another person in, or in connection with, the business conducted in the factory, shop or place;
(c) a principal, agent, manager, supervisor or other person acting, or apparently acting, in the general management or control of the business conducted in the factory, shop or place.

"office" means a place where any person is employed, directly or indirectly—
(a) to perform work of a clerical nature; or
(b) to perform, or to assist in the performance of, work of a professional nature.

"open" , for a shop, means the shop is not closed.

"opening time" means, in relation to a shop, the time at which the shop may, as permitted by an industrial commission order relating to trading hours or by part 4 , be lawfully opened to the public for business on any day.

"order" ...

"Part" ...

"place" means any land, water, building, structure, vehicle, vessel, pontoon, carriage or aircraft, and includes any part thereof.

"place of public amusement" means a place, or part of a place, used or intended to be used—
(a) as a cinema, theatre, dance hall or music hall; or
(b) for a circus; or
(c) for sporting entertainment; or
(d) for any other public amusement or entertainment;
whether or not a charge is, or is to be, made for admission.

"president" means the president of the industrial commission under the Industrial Relations Act 2016 .

"records" means any collection of data in whatever form it is held, including on film, disc, tape, perforated roll or other device in which visual representations or sounds are embodied so as to be capable of reproduction therefrom, with or without the aid of another process or instrument.

"sell" includes—
(a) offer or attempt to sell; or
(b) supply or receive for sale; or
(c) have in possession for sale; or
(d) exhibit or expose for sale; or
(e) send, forward or deliver for or on sale; or
(f) cause or permit to be sold, offered for sale, exhibited or exposed for sale or sent, forwarded or delivered for or on sale; or
(g) have in possession, exhibit or expose for any purpose of advertisement, trade or gain.

"shop" means—
(a) any place, pack or storage in or from which goods are sold, by retail or wholesale;
(b) any place, pack or storage in or from which goods ordinarily sold in shops are delivered or disposed of, or any document or thing evidencing title to such goods is delivered in accordance with any agreement, arrangement, condition, scheme, device or contrivance whereby property in such goods passes from any person to another;
(c) any place occupied or used by a hairdresser, beautician or barber;
(d) any office;
(e) any place used for a purpose declared by regulation for the purposes of this definition;
but does not include the sample room of a commercial traveller.

"south-east Queensland area" see section 16A .

"stall" means—
(a) any barrow, stand, table, platform or other structure at a market; or
(b) any vehicle, vessel, pontoon, carriage or aircraft at a market; or
(c) any space at a market;
on or in which are goods for selling at the market.

"tourist area" see section 16A .

"vice-president" means the vice-president of the industrial commission under the Industrial Relations Act 2016 .



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