An Act to amend the Trading (Allowable Hours) Act 1990 for particular purposesThe Parliament of Queensland enacts—1Short titleThis Act may be cited as the Trading (Allowable Hours) Amendment Act 2017.2Act amendedThis Act amends the Trading (Allowable Hours) Act 1990.3Amendment of s 3 (Objects of Act)Section 3(a), ‘shops, other than exempt shops,’—omit, insert—non-exempt shops and independent retail shops4Amendment 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

(c)a shop operating in a stated area for an event—

(i)that is a unique or infrequent event of local, State or national significance; andExamples—

•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

(c)must be published on the QIRC website.

(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).5Amendment 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)6Insertion of new pt 4, div 1, hdgPart 4, before section 16—insert—Division 1Application of part7Insertion of new pt 4, div 2After section 16—insert—Division 2Non-exempt shopsSubdivision 1Preliminary16ADefinitions for divisionIn 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—

1The 2017 trading hours order was repealed on the commencement of the Trading (Allowable Hours) Amendment Act 2017—see section 57.

2The 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);

(c)Labour Day (the first Monday in May);

(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—

(a)any of the following areas under the 2017 trading hours order—

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

(ii)Gold Coast Coastal Tourist Area;

(iii)Hamilton North Shore Area;

(iv)The Cairns CBD Area;

(v)The Great Barrier Reef Wonderland Tourist Complex; or

(b)the town of Port Douglas; or

(c)the Pacific Fair Shopping Centre located at Broadbeach Waters on the corner of Hooker Boulevard and Sunshine Boulevard.

Note—See, however, section 56. 16BShops 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 2Core trading hours16CApplication of subdivision(1)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.(2)However, if subdivision 3 applies to a non-exempt shop, the shop’s closing time for 24 December is the closing time provided for under subdivision 3.16DShops other than hardware shops and shops selling motor vehicles or caravans(1)This section applies to a non-exempt shop, other than—

(a)a hardware shop; and

(b)a shop engaged in selling motor vehicles or caravans.

(2)The shop’s core trading hours are—DayOpening timeClosing timeIn the south-east Queensland areaMonday to Friday7a.m.9p.m.Saturday7a.m.9p.m.Sunday and public holidays, other than closed days9a.m.6p.m.In a tourist areaMonday to Friday6a.m.10p.m.Saturday7a.m.10p.m.Sunday and public holidays, other than closed days7a.m.9p.m.In a schedule 1AB areaMonday to Friday(a)if the shop is in the Townsville Tourist Area— 7a.m.(b)otherwise—8a.m.9p.m.Saturday8a.m.6p.m.Sunday and public holidays, other than closed days9a.m.6p.m.In a seaside resortMonday to Friday8a.m.9p.m.Saturday8a.m.6p.m.Sundayn/an/aPublic holidays, other than closed days9a.m.6p.m.In any other areaMonday to Friday8a.m.9p.m.Saturday8a.m.6p.m.Sunday and public holidays, other than closed daysn/an/a(3)In this section—n/a means the shop is not permitted to open.schedule 1AB area means an area, within the meaning of the 2017 trading hours order, mentioned in schedule 1AB.seaside resort means a Tourist and/or Seaside Resort within the meaning of the 2017 trading hours order.16EHardware shops(1)This section applies to a non-exempt shop that is a hardware shop.(2)The shop’s core trading hours are—DayOpening timeClosing timeIn the south-east Queensland areaMonday to Friday6a.m.9p.m.Saturday6a.m.9p.m.Sunday and public holidays, other than closed days6a.m.6p.m.In a tourist areaMonday to Friday6a.m.10p.m.Saturday6a.m.10p.m.Sunday and public holidays, other than closed days6a.m.9p.m.In any other areaMonday to Friday6a.m.9p.m.Saturday6a.m.6p.m.Sunday and public holidays, other than closed days6a.m.6p.m.16EA Shops selling motor vehicles or caravans(1)This section applies to a non-exempt shop engaged in selling motor vehicles or caravans.(2)The shop’s core trading hours are—DayOpening timeClosing timeIf the shop sells motor vehicles but not caravansMonday to Friday8a.m.9p.m.Saturday8a.m.(a)if the shop is in a prescribed area—6p.m.(b)otherwise—5p.m.Sundayn/an/aPublic holidays, other than closed days(a)if the shop is in a prescribed area—8a.m.(b)otherwise—n/a(a)if the shop is in a prescribed area—6p.m.(b)otherwise—n/aIf the shop sells both caravans and motor vehiclesMonday to Friday8a.m.9p.m.Saturday8a.m.5p.m.Sunday and public holidays, other than closed daysn/an/aIf the shop sells caravans but not motor vehiclesMonday to Friday8a.m.9p.m.Saturday8a.m.6p.m.Sunday and public holidays, other than closed daysn/an/a(3)In this section—n/a means the shop is not permitted to open.prescribed area means any of the following areas within the meaning of the repealed car yards order—

(a)The Gold Coast Area;

(b)Redcliffe Peninsula;

(c)City of Brisbane Area;

(d)City of Logan Area;

(e)Town of Beenleigh Area;

(f)Near North Coast Area;

(g)Shire of Pine Rivers Area;

(h)Redland Shire Area;

(i)City of Ipswich.

repealed car yards order means the order titled ‘Trading Hours—Non-exempt Shops Selling Motor Vehicles—State’ made by the industrial commission under section 21 on 8 December 1989, as it was in effect immediately before the commencement of the Trading (Allowable Hours) Amendment Act 2017.Notes—

1The repealed car yards order was repealed on thecommencement of the Trading (Allowable Hours)Amendment Act 2017—see section 57.

2The repealed car yards order can be viewed on theQIRC website—see section 46A.

Subdivision 3Extended trading hours16EB Application of subdivisionThis subdivision does not apply to a non-exempt shop engaged in selling motor vehicles or caravans.16FChristmas trading hours—general(1)The extended trading hours for a non-exempt shop for Christmas are—DayOpening timeClosing timethe 3 Sundays before 18 December8a.m.6p.m.18 to 23 Decemberthe shop’s opening time under subdivision 2midnight24 Decemberthe shop’s opening time under subdivision 26p.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.(3)If a non-exempt shop is not permitted to trade on a Sunday, a reference in subsection (1) to the shop’s opening time under subdivision 2 is, if the day in question is a Sunday, taken to be a reference to 9a.m.16G24-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—DayOpening timeClosing time23 December8a.m.midnight24 December12a.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.Westfield Garden City shopping complex means the shopping complex located on the corner of Logan Road and Kessels Road, Upper Mount Gravatt, Brisbane.8Insertion of new pt 4, div 3, hdgAfter section 16G, as inserted by section 7—insert—Division 3Independent retail shops9Insertion of new pt 4, div 4, hdgAfter section 17—insert—Division 4Other provisions10Amendment of s 19 (Closure of non-exempt shops not to confer advantage)Section 19(2)(b), ‘or independent retail shop’—omit.11Insertion of new s 20APart 4—insert—20AAllowable trading hours for Retail Shop Leases Act 1994For 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 51.12Amendment of pt 5, hdg (Orders concerning non-exempt shops and special exhibitions)Part 5, heading, ‘and special exhibitions’—omit.13Amendment 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.

14Omission of s 22 (Approval of special exhibitions)Section 22—omit.15Amendment 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 government16Amendment of s 23A (Reference to full bench)Section 23A(1), ‘or 22’—omit.17Amendment of s 24 (Industrial commission hearings)Section 24, ‘or 22’—omit.18Amendment 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.19Amendment 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).20Amendment 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.21Omission of ss 28 and 29Sections 28 and 29—omit.22Amendment, 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.23Amendment of s 31 (Cancellation of obsolete orders)Section 31(2), ‘other person, or other organisation’—omit, insert—another organisation or a local government24Omission of pts 5A and 5BParts 5A and 5B—omit.25Amendment 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).26Amendment of s 36 (Closure of other places)Section 36(2), ‘(i)’—omit, insert—(h)27Amendment 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.27AAmendment of s 36AA (Protection for employees—Liquor and Other Legislation Amendment Act 2017)Section 36AA(4), definition south-east Queensland area—omit.28Insertion of new s 36BAfter section 36AA—insert—36BProtection 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.

29Amendment of s 46 (Evidentiary provisions)Section 46(g), after ‘decision’—insert—, declaration30Insertion of new pt 7A, hdg and new ss 46A and 46BAfter section 46—insert—Part 7AMiscellaneous provisions46APublication of particular repealed ordersThe industrial registrar must ensure the following orders are published on the QIRC website—

(a)the 2017 trading hours order;

(b)the repealed car yards order within the meaning of section 16EA.

46BReview of Act(1)The Minister must review the effectiveness of this Act within 5 years from the commencement.(1A)The review must be finished before the end of the moratorium period under part 8, division 6.(2)As soon as practicable after finishing the review, the Minister must table a report about its outcome in the Legislative Assembly.31Insertion of new pt 8, div 6Part 8—insert—Division 6Transitional provisions for Trading (Allowable Hours) Amendment Act 201755Definitions for divisionIn this division—amendment Act means the Trading (Allowable Hours) Amendment Act 2017.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.prescribed s 16D shop means a non-exempt shop—

(a)to which section 16D applies; and

(b)that is not permitted under that section to open on Sunday and public holidays.

56Shops 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.57Repeal of existing ordersOn 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.

59Moratorium 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 order made on an application dealt with under section 60(2); and

(b)an industrial organisation, another organisation or a local government must not make an application for an order under section 21.

(2)An application for an order under section 21 made or purportedly made during the moratorium period is of no effect.60Existing 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 only to prescribed s 16D shops, 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 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.

(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 5.61Existing 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.

62Restriction on starting appeal if decision made before commencementFrom 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 prescribed the following trading hours for prescribed s 16D shops for Sundays and public holidays (other than closed days)—

(i)opening time—9a.m.;

(ii)closing time—6p.m.

62AParticular orders required to be approved by regulation(1)This section applies to an order made under section 21 during the moratorium period in accordance with this division.Example—an order made by the commission on an application mentioned in section 60(2)(2)The order does not take effect until it is approved by regulation.(3)The order takes effect—

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

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

(4)This section applies despite section 21.63Applications 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 22.32Insertion of new schs 1AA and 1ABBefore schedule 1—insert—Schedule 1AAExempt shopssection 5

1antique shop

2art gallery or arts and crafts shop

3aquarium, aquarium accessories or pet shop

4bait and tackle or marine shop

5bookseller’s or newsagent’s shop

6bread, cake or pastry shop

7butcher’s shop

8camping equipment shop

9chemist shop

10confectionery shop or ice-cream parlour

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

12delicatessen

13fish shop

14flower shop

15fruit and vegetable shop

16funeral director’s premises

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

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

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

20photographic shop

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

22service station

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

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

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

26soap shop

27souvenir shop

28special 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

29sporting goods shop

30tobacconist’s shop

31toy shop

32veterinary supplies shop

Schedule 1ABAreas for s 16Dsection 16D

2Cairns Tourist Area

3Townsville Tourist Area

4Mossman and Port Douglas Tourist Area

5Whitsunday Shire Tourist Area

6Fraser Coast Area

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

8The Yeppoon Tourist Area

9The Moranbah Area

10The Cooloola Cove Area

11The City of Rockhampton Area

12The City of Toowoomba Area

13The Mackay Area

14The Innisfail Area

15The Emerald Area

16The Tablelands Area

17The Gladstone Area

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

19The Gympie Area

20The Biloela Area

21The Marian Area

22The Stanthorpe Area

22AThe Warwick Area

23Emu Park Tourist Area

24The Dalby Area

25The Ingham Area

33Amendment 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