An Act to amend the Trading (Allowable Hours) Act 1990 for particular purposes The Parliament of Queensland enacts— 1 Short title This Act may be cited as the Trading (Allowable Hours) Amendment Act 2017 . 2 Act amended This Act amends the Trading (Allowable Hours) Act 1990 . 3 Amendment of s 3 (Objects of Act) Section 3(a), ‘shops, other than exempt shops,’— omit, insert— non-exempt shops and independent retail shops 4 Amendment of s 5 (Exempt shops) (1) Section 5(1) and (2)— omit, insert— (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

(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

(2A) 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.

(2) Section 5(3), ‘subsection (2)’— omit, insert— schedule 1AA, item 23 (3) Section 5(2A) to (4)— renumber as section 5(3) to (5). 5 Amendment of s 6 (Independent retail shops) (1) Section 6(1)(b), ‘20’— omit, insert— 30 (2) Section 6(1)(c), ‘60’— omit, insert— 100 (3) Section 6(2)(a), after ‘shop’— insert— mentioned in section 5(1)(a) or (c) 6 Insertion of new pt 4, div 1, hdg Part 4, before section 16— insert— Division 1 Application of part 7 Insertion of new pt 4, div 2 After section 16— insert— Division 2 Non-exempt shops Subdivision 1 Preliminary 16A Definitions for division In this division— 2017 trading hours order means the order titled ‘Trading Hours—Non-exempt Shops Trading by Retail—State’ made by the industrial commission under section 21 on 27 November 1992, as it was in effect immediately before the commencement of the Trading (Allowable Hours) Amendment Act 2017 . Notes—

1 The 2017 trading hours order was repealed on the commencement of the Trading (Allowable Hours) Amendment Act 2017 —see section 57.

2 The 2017 trading hours order can be viewed on the QIRC website—see section 46A.

closed day means any of the following days—

(a) Good Friday;

(b) Anzac Day (25 April);

(d) Christmas Day (25 December).

hardware shop means a shop the business of which is, wholly or partly, the supply of—

(a) construction materials, tools, fittings and other appropriate products and equipment to—

(i) builders, associated tradespeople, contractors or sub-contractors engaged in the building industry; or

(ii) the general public; or

(b) similar products appropriate for home improvement purposes to the general public.

south-east Queensland area means the South-East Queensland Area within the meaning of the 2017 trading hours order, but does not include a tourist area. tourist area means any of the following areas under the 2017 trading hours order—

(a) Area of New Farm of Inner City of Brisbane;

(b) Hamilton North Shore Area;

(d) The Great Barrier Reef Wonderland Tourist Complex;

(e) the town of Port Douglas. Note— See, however, section 56.

16B Shops to be closed other than during permitted trading hours (1) A non-exempt shop must be closed on a particular day other than during—

(a) the shop’s core trading hours under subdivision 2 for the day or, if applicable, the extended trading hours under subdivision 3; or

(b) if an order made by the industrial commission under section 21 prescribes trading hours for the shop for the day—the prescribed trading hours for the day. Note— Under section 21(2), the industrial commission can not permit trading on a closed day or, for a day other than a closed day, decide trading hours that are shorter than the hours under subdivision 2 or 3.

(2) The occupier of a non-exempt shop must ensure subsection (1) is complied with for the shop. Maximum penalty—40 penalty units. Subdivision 2 Core trading hours 16C Application of subdivision This subdivision applies subject to subdivision 3, to the extent subdivision 3 provides for an earlier opening time, or a later closing time, on a particular day for a non-exempt shop. 16D Shops other than hardware shops (1) This section applies to a non-exempt shop, other than a hardware shop. (2) The shop’s core trading hours are— Day Opening time Closing time In the south-east Queensland area Monday to Friday 7a.m. 9p.m. Saturday 7a.m. 9p.m. Sunday and public holidays, other than closed days 9a.m. 6p.m. In a tourist area Monday to Friday 6a.m. 10p.m. Saturday 7a.m. 10p.m. Sunday and public holidays, other than closed days 7a.m. 9p.m. In any other area Monday to Friday 7a.m. 9p.m. Saturday 7a.m. 6p.m. Sunday and public holidays, other than closed days 9a.m. 6p.m.

Note— See, however, section 58 in relation to the application of trading hours on a Sunday or public holiday under this section to particular shops that are not located in the south-east Queensland area or a tourist area. 16E Hardware shops (1) This section applies to a non-exempt shop that is a hardware shop. (2) The shop’s core trading hours are— Day Opening time Closing time In the south-east Queensland area Monday to Friday 6a.m. 9p.m. Saturday 6a.m. 9p.m. Sunday and public holidays, other than closed days 6a.m. 6p.m. In a tourist area Monday to Friday 6a.m. 10p.m. Saturday 6a.m. 10p.m. Sunday and public holidays, other than closed days 6a.m. 9p.m. In any other area Monday to Friday 6a.m. 9p.m. Saturday 6a.m. 6p.m. Sunday and public holidays, other than closed days 6a.m. 6p.m.

Subdivision 3 Extended trading hours 16F Christmas trading hours—general (1) The extended trading hours for a non-exempt shop for Christmas are— Day Opening time Closing time the 3 Sundays before 18 December 8a.m. 6p.m. 18 to 23 December the shop’s opening time under subdivision 2 midnight 24 December the shop’s opening time under subdivision 2 6p.m.

(2) This section does not apply to a non-exempt shop for a particular day if section 16G applies to the shop for that day. 16G 24-hour Christmas trading for particular shops (1) This section applies to a shop in—

(a) the Westfield Chermside shopping complex; or

(b) the Westfield Garden City shopping complex.

(2) The shop’s extended trading hours for 23 and 24 December are— Day Opening time Closing time 23 December 8a.m. midnight 24 December 12a.m. 6p.m

(3) In this section— Westfield Chermside shopping complex means the shopping complex located on the corner of Gympie Road and Hamilton Road, Chermside, Brisbane, being lot 10 on SP 128115, lot 2 on RP 812659 and lot 3 on RP 812659. Westfield Garden City shopping complex means the shopping complex located on the corner of Logan Road and Kessels Road, Upper Mount Gravatt, Brisbane, being lot 1 on SP 258311. 8 Insertion of new pt 4, div 3, hdg After section 16G, as inserted by section 7— insert— Division 3 Independent retail shops 9 Insertion of new pt 4, div 4, hdg After section 17— insert— Division 4 Other provisions 10 Amendment of s 19 (Closure of non-exempt shops not to confer advantage) Section 19(2)(b), ‘or independent retail shop’— omit. 11 Insertion of new s 20A Part 4— insert— 20A Allowable trading hours for Retail Shop Leases Act 1994 For the south-east Queensland area, the permissible trading hours on a Sunday or public holiday are not allowable trading hours for the definition core trading hours in the Retail Shop Leases Act 1994 , section 51. 12 Amendment of pt 5, hdg (Orders concerning non-exempt shops and special exhibitions) Part 5, heading, ‘and special exhibitions’— omit. 13 Amendment of s 21 (Trading hours orders on non-exempt shops) Section 21(2)— omit, insert— (2) However, the industrial commission must not decide trading hours for non-exempt shops for a particular day that—

(a) for a closed day—permit trading on the closed day; or

(b) for another day—are shorter than the trading hours under part 4, division 2, subdivision 2 or 3 for the shops for that day.

Note— See, however, section 58 in relation to a decision under this section applying the trading hours for a Sunday or public holiday under section 16D to shops to which section 58 applies. 14 Omission of s 22 (Approval of special exhibitions) Section 22— omit. 15 Amendment of s 23 (Powers and procedures relevant to proceedings under ss 21 and 22) (1) Section 23, heading, ‘ss 21 and 22’— omit, insert— s 21 (2) Section 23(1)— omit, insert— (1) The industrial commission may make an order under section 21—

(a) of its own motion; or

(b) on an application made by or for an industrial organisation, another organisation or a local government.

(3) Section 23(2) and (3), ‘or 22’— omit. (4) Section 23(3), ‘other persons, and other organisations’— omit, insert— other organisations and local governments (5) Section 23(4), ‘other person, or other organisation’— omit, insert— another organisation or a local government 16 Amendment of s 23A (Reference to full bench) Section 23A(1), ‘or 22’— omit. 17 Amendment of s 24 (Industrial commission hearings) Section 24, ‘or 22’— omit. 18 Amendment of s 25 (Leave may be granted by industrial commission) (1) Section 25(3), ‘other person, or other organisation’— omit, insert— another organisation or a local government (2) Section 25(3), ‘or 22(1)’— omit. 19 Amendment of s 26 (Matters relevant to s 21 order) (1) Section 26— insert—

(ga) the likely impact of the order on employees;

(2) Section 26(ga) to (i)— renumber as section 26(h) to (j). 20 Amendment of s 27 (Summary dismissal of application) (1) Section 27, ‘other persons, or other organisations’— omit, insert— other organisations or local governments (2) Section 27, ‘or 22(1)’— omit. 21 Omission of ss 28 and 29 Sections 28 and 29— omit. 22 Amendment, relocation and renumbering of s 30 (Injunction to enforce observance of trading hours) (1) Section 30(1)(b), ‘other person, or other organisation,’— omit, insert— another organisation or a local government (2) Section 30(1)(c), after ‘compliance with’— insert— the trading hours provided for under part 4, division 2 or (3) Section 30(1)(d), after ‘breach of’— insert— the trading hours provided for under part 4, division 2 or (4) Section 30— relocate and renumber as section 36C. 23 Amendment of s 31 (Cancellation of obsolete orders) Section 31(2), ‘other person, or other organisation’— omit, insert— another organisation or a local government 24 Omission of pts 5A and 5B Parts 5A and 5B— omit. 25 Amendment of s 33 (Anzac Day a holiday for all employees) (1) Section 33(2)(f)— omit. (2) Section 33(2)(g) to (i)— renumber as section 33(2)(f) to (h). 26 Amendment of s 36 (Closure of other places) Section 36(2), ‘(i)’— omit, insert— (h) 27 Amendment of s 36A (Protection for current employees) (1) Section 36A, heading, ‘current employees’— omit, insert— employees—extended hours under Trading (Allowable Hours) Amendment Act 2002 (2) Section 36A(3), definitions closed day and permissible trading hours— omit. (3) Section 36A(3)— insert— permissible trading hours means the permissible trading hours under—

(a) while the trading hours order was in effect—the order; or

(b) from the commencement of the Trading (Allowable Hours) Amendment Act 2017 —section 16B.

trading hours order has the meaning given by section 31B as in force from time to time before its repeal. 28 Insertion of new s 36B After section 36A— insert— 36B Protection for employees—extended hours under Trading (Allowable Hours) Amendment Act 2017 (1) An employer must not require an employee to work during extended hours unless the employee has freely elected to work during extended hours. Maximum penalty—

(a) for a first offence—16 penalty units; or

(b) for a second or later offence—20 penalty units.

(2) However, subsection (1) does not apply in relation to an employee if an industrial instrument provides arrangements under which the employee may refuse or agree to work during extended hours. (3) For subsection (1), an employee has not freely elected to work during extended hours—

(a) if the employee elects to work during extended hours because the employee has been coerced, harassed, threatened or intimidated by or for the employer; or

(b) only because the employee is rostered, or required under an industrial instrument, to work during those hours.

(4) In this section— elect means agree in writing for a stated or indefinite period. employer means an employer of an employee in a non-exempt shop. extended hours means the permitted trading hours under this Act for a non-exempt shop on any day (other than a closed day), but only to the extent the hours are greater than the shop’s permitted trading hours immediately before the commencement. industrial instrument means any of the following within the meaning of the Industrial Relations Act 2016 —

(a) a modern award, bargaining award or certified agreement;

(b) a federal industrial instrument.

29 Amendment of s 46 (Evidentiary provisions) Section 46(g), after ‘decision’— insert— , declaration 30 Insertion of new pt 7A, hdg and new ss 46A and 46B After section 46— insert— Part 7A Miscellaneous provisions 46A Publication of 2017 trading hours order The industrial registrar must ensure the 2017 trading hours order is published on the QIRC website. 46B Review of Act (1) The Minister must review the effectiveness of this Act within 5 years from the commencement. (2) As soon as practicable after finishing the review, the Minister must table a report about its outcome in the Legislative Assembly. 31 Insertion of new pt 8, div 6 Part 8— insert— Division 6 Transitional provisions for Trading (Allowable Hours) Amendment Act 2017 55 Definitions for division In this division— amendment Act means the Trading (Allowable Hours) Amendment Act 2017 . extended hours, for a non-exempt shop to which section 58 applies, means the shop’s core trading hours for a Sunday or public holiday (other than a closed day) under section 16D. Note— The shop’s core trading hours for a Sunday or public holiday (other than a closed day) under section 16D do not include the extended Christmas trading hours under part 4, division 2, subdivision 3. extended hours order see section 58(3). former, in relation to a provision of this Act, means the provision as in force before its amendment or repeal by the amendment Act. introduction means the introduction into the Legislative Assembly of the Bill for the amendment Act. moratorium period means the period starting on the introduction and ending 5 years after the day of the commencement. 56 Shops in Mossman and Port Douglas Tourist Area (1) This section applies to a shop in the Mossman and Port Douglas Tourist Area. (2) For the period starting on the commencement and ending 5 years after the day of the commencement—

(a) if the shop is a non-exempt shop—the shop is taken to be an exempt shop; or

(b) if the shop is an independent retail shop—section 17 does not apply to the shop.

(3) This section applies despite any other provision of this Act. (4) In this section— Mossman and Port Douglas Tourist Area has the meaning given by the 2017 trading hours order. 57 Repeal of existing orders On the commencement, the following orders are repealed—

(a) an order made by the industrial commission under former section 21 or 22 that was in effect immediately before the commencement;

(b) an order made by the industrial commission before the commencement under former section 21 or 22 that, immediately before the commencement, had not yet taken effect.

58 Opt-in process for s 16D—particular shops outside south-east Queensland area and tourist areas etc. (1) This section applies to non-exempt shops that are not located in the following areas—

(a) the south-east Queensland area;

(b) a tourist area;

(2) However, this section does not apply to the following shops—

(a) hardware shops;

(b) shops engaged in selling motor vehicles or caravans.

(3) From the commencement, the extended hours do not apply to shops to which this section applies unless the industrial commission makes an order under section 21 applying the hours to the shops (an extended hours order). (4) An extended hours order does not take effect until it is approved by regulation. (5) The order takes effect—

(a) on the day the regulation is notified; or

(b) if the regulation states a later day—the later day.

(6) If the extended hours do not apply to a shop because of this section, a reference in section 16F(1) to the shop’s opening time under part 4, division 2, subdivision 2 is, if the day in question is a Sunday, taken to be a reference to 9a.m. (7) This section applies despite sections 16B, 16D and 21. 59 Moratorium on trading hours orders and restriction on making applications (1) During the moratorium period—

(a) the industrial commission must not make an order under section 21, other than an extended hours order; and

(b) an industrial organisation, another organisation or a local government must not make an application for an order mentioned in paragraph (a).

(2) An application for an order mentioned in subsection (1)(a) made or purportedly made during the moratorium period is of no effect. 60 Existing applications for orders under former s 21 (1) This section applies to an application for an order under former section 21 that was made, but not decided, before the introduction. (2) If the application relates to shops to which section 58 applies, the industrial commission may, if it considers it appropriate and with the consent of the applicant, deal with the application as if it were an application for an extended hours order. (3) If the industrial commission does not deal with the application under subsection (2), the industrial commission must dismiss the application. (4) Subsection (3) applies despite part 5. 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 shops to which section 58 applies; 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 extended hours order for the shops. (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 shops to which section 58 applies.

62 Restriction on starting appeal if decision made before commencement From the commencement, a person can not start an appeal against any of the following decisions made by the industrial commission before the commencement—

(a) a decision to make an order under former section 21;

(b) a decision to refuse to make an order under former section 21, other than an order that, if it had been made, would have applied only to shops to which section 58 applies.

63 Applications and appeals relating to orders under former s 22 (1) On the commencement—

(a) a section 22 application that was not decided before the commencement is taken to have been withdrawn; and

(b) an appeal that was started, but not decided, before the commencement against a decision of the industrial commission on a section 22 application ends.

(2) From the commencement, a person cannot start an appeal against a decision of the industrial commission on a section 22 application. (3) In this section— section 22 application means an application made before the commencement for an order under former section 22. 32 Insertion of new schs 1AA and 1AB Before schedule 1— insert— Schedule 1AA Exempt shops section 5

1 antique shop

2 art gallery or arts and crafts shop

3 aquarium, aquarium accessories or pet shop

4 bait and tackle or marine shop

5 bookseller’s or newsagent’s shop

6 bread, cake or pastry shop

7 butcher’s shop

8 camping equipment shop

9 chemist shop

10 confectionery shop or ice-cream parlour

11 cooked provisions shop (where the provisions are cooked or heated on the premises immediately before sale), milk bar, restaurant, cafe or refreshment shop

12 delicatessen

13 fish shop

14 flower shop

15 fruit and vegetable shop

16 funeral director’s premises

17 hairdresser’s, beautician’s or barber’s shop

18 licensed premises under the Liquor Act 1992 or the Wine Industry Act 1994

19 nursery (plant) shop for selling garden plants and shrubs, seeds, garden and landscaping supplies or equipment, and associated products

20 photographic shop

21 premises in relation to which a pawnbrokers licence under the Second-hand Dealers and Pawnbrokers Act 2003 is in force

22 service station

23 subject to section 5(4), shop of a class declared by regulation to be a class of exempt shop

24 shop for selling motor vehicle spare parts or motorcycle spare parts, or both

25 shop in an international airport terminal, cruise terminal, casino, or tourist resort on an off-shore island

26 soap shop

27 souvenir shop

28 special exhibition or display of goods

Examples—

• an annual 3-day caravan, camping and fishing expo

• a one-off launch of a new model of campervans held at a shopping centre

29 sporting goods shop

30 tobacconist’s shop

31 toy shop

32 veterinary supplies shop

Schedule 1AB Areas for s 58(1) section 58(1)

1 Tourist and/or Seaside Resorts

2 Cairns Tourist Area

3 Townsville Tourist Area

4 Mossman and Port Douglas Tourist Area

5 Whitsunday Shire Tourist Area

6 Fraser Coast Area

7 Townsville and Thuringowa Area (excluding the Townsville Tourist Area)

8 The Yeppoon Tourist Area

9 The Moranbah Area

10 The Cooloola Cove Area

11 The City of Rockhampton Area

12 The City of Toowoomba Area

13 The Mackay Area

14 The Innisfail Area

15 The Emerald Area

16 The Tablelands Area

17 The Gladstone Area

18 Bundaberg Area (which includes Elliott Heads, Bundaberg and Bargara)

19 The Gympie Area

20 The Biloela Area

21 The Marian Area

22 The Cairns CBD Area

23 Emu Park Tourist Area

24 The Dalby Area

25 The Ingham Area

33 Amendment of sch 1 (Dictionary) (1) Schedule 1, definition exempt shop— omit. (2) Schedule 1— insert— 2017 trading hours order see section 16A. closed day see section 16A. exempt shop see section 5. hardware shop see section 16A. south-east Queensland area see section 16A. tourist area see section 16A. (3) Schedule 1, definition non-exempt shop, paragraph (b)— omit. (4) Schedule 1, definition non-exempt shop, paragraphs (c) and (d)— renumber as paragraphs (b) and (c). © State of Queensland 2017