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This is a Bill, not an Act. For current law, see the Acts databases.


RETAIL TRADING HOURS AMENDMENT BILL 2015

                    Western Australia


Retail Trading Hours Amendment Bill 2015

                        Contents

       Part 1 -- Preliminary
 1.    Short title                        2
 2.    Commencement                       2
       Part 2 -- Retail Trading Hours
            Act 1987 amended
 3.    Act amended                        3
 4.    Section 4 amended                  3
 5.    Section 5 amended                  4
 6.    Section 12 amended                 4
 7.    Section 12A deleted                4
 8.    Section 14A amended                4
 9.    Sections 14B and 14C deleted       5
 10.   Section 15 amended                 5
 11.   Section 25 amended                 5
       Part 3 -- Subsidiary legislation
            repealed
 12.   Regulations repealed               6
 13.   Orders repealed                    6




                         153--2           page i
                           Western Australia


                      LEGISLATIVE COUNCIL

                      (As amended in Committee)

   Retail Trading Hours Amendment Bill 2015

                               A Bill for


An Act to amend the Retail Trading Hours Act 1987 and, as a
consequence, to repeal certain regulations and orders made under
that Act.



The Parliament of Western Australia enacts as follows:




                                                             page 1
    Retail Trading Hours Amendment Bill 2015
    Part 1          Preliminary

    s. 1



1                          Part 1 -- Preliminary
2   1.       Short title
3            This is the Retail Trading Hours Amendment Act 2015.

4   2.       Commencement
5            This Act comes into operation as follows --
6             (a) Part 1 -- on the day on which this Act receives the
7                   Royal Assent;
8             (b) the rest of the Act -- on a day fixed by proclamation,
9                   and different days may be fixed for different provisions.




    page 2
                                             Retail Trading Hours Amendment Bill 2015
                                 Retail Trading Hours Act 1987 amended         Part 2

                                                                                     s. 3



1         Part 2 -- Retail Trading Hours Act 1987 amended
2    3.          Act amended
3                This Part amends the Retail Trading Hours Act 1987.

4    4.          Section 4 amended
5         (1)    After section 4(1) insert:
6

7               (2A)     Despite subsection (1), this Act does not apply to
8                        Rottnest Island.
9

10        (2)    In section 4(3):
11                 (a) delete "is used as --" and insert:
12

13                        is --
14

15                 (b)    in paragraph (d) delete "and is";
16                 (c)    in paragraph (d) delete "running." and insert:
17

18                        running; or
19

20                 (d)    after paragraph (d) insert:
21

22                         (e)    a retail shop located in a short-term market.
23

24        (3)    After section 4(3) insert:
25

26              (4A)     For the purposes of subsection (3)(e) a retail shop is
27                       located in a short-term market if --
28                         (a) it is one of a group of retail shops that are
29                               placed at a particular location on a particular


                                                                                  page 3
     Retail Trading Hours Amendment Bill 2015
     Part 2          Retail Trading Hours Act 1987 amended

     s. 5



1                             day and removed from that location before
2                             midnight on that day; and
3                       (b)   some or all of the retail shops in the group are
4                             operated by different persons; and
5                       (c)   none of the shops in the group is a motor
6                             vehicle shop.
7


8    5.         Section 5 amended
9               In section 5(2) delete "or 14B(4)".

10   6.         Section 12 amended
11        (1)   Delete section 12(2) and insert:
12

13              (2)    Subsection (1) does not apply to a motor vehicle shop.
14

15        (2)   Delete section 12(4) and insert:
16

17              (4)    Subsection (3) does not apply to a motor vehicle shop.
18


19   7.         Section 12A deleted
20              Delete section 12A.

21   8.         Section 14A amended
22              In section 14A(1):
23                (a) in paragraph (b) delete "paragraph; or" and insert:
24

25                      paragraph.
26

27               (b)    delete paragraphs (c) and (d).



     page 4
                                   Retail Trading Hours Amendment Bill 2015
                       Retail Trading Hours Act 1987 amended         Part 2

                                                                           s. 9



1    9.    Sections 14B and 14C deleted
2          Delete sections 14B and 14C.

3    10.   Section 15 amended
4          In section 15(1)(e)(iii) delete "in, or prescribed for the purposes
5          of, a relevant paragraph of section 14A(1)." and insert:
6

7          in section 14A(1)(a) or prescribed for the purposes of
8          section 14A(1)(b).
9


10   11.   Section 25 amended
11         Delete section 25(2) and insert:
12

13         (2)   A person commits an offence if the person operates a
14               retail shop that is certified to be a small retail shop
15               under section 10(3)(c) and is not owned and operated
16               in accordance with section 10(3)(a), (b), (ba), (bb),
17               (bc), (bd) and (be).
18




                                                                        page 5
     Retail Trading Hours Amendment Bill 2015
     Part 3          Subsidiary legislation repealed

     s. 12



1              Part 3 -- Subsidiary legislation repealed
2    12.      Regulations repealed
3             The Retail Trading Hours (Holiday Resorts) Regulations 2012
4             are repealed.

5    13.      Orders repealed
6             These orders are repealed:
7              (a) the Retail Trading Hours (Rottnest Island Holiday
8                    Resort) Order 2007;
9              (b) the Retail Trading Hours (Rockingham Holiday Resort)
10                   Order 2012;
11             (c) the Retail Trading Hours (Wanneroo Holiday Resort)
12                   Order 2012.

13




 


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