Consultation
Shop Trading Hours Act
Deadline for submissions was Friday 25 January 2008, and the consultation is now closed.
WHAT ARE THE ISSUES WITH THE CURRENT LEGISLATIVE PROVISIONS?
The following have been identified as potential inconsistencies between the Sale of Liquor Act 1989, the Shop Trading Hours Act Repeal Act 1990 and the Holidays Act 2003:
- inconsistent area exemptions under the Shop Trading Hours Act Repeal Act 1990 and exceptions under the Sale of Liquor Act 1989
- inconsistent rationale for the trading restrictions, for example the Sale of Liquor Act 1989 aims to reduce alcohol-related harm while the Shop Trading Hours Act Repeal Act limits retail trading on days of special significance, and
- Easter Sunday is a restricted trading day but is not recognised as a public holiday under the Holidays Act 2003.
Table 1: Current Legislative Provisions
| Legislation | Good Friday | Easter Saturday | Easter Sunday | Easter Monday |
|---|---|---|---|---|
| Shop Trading Hours Act Repeal Act 1990 |
Restricted trading day (though some exemptions)* |
Not a restricted trading day |
Restricted trading day (though some exemptions)* |
Not a restricted trading day |
| Sale of Liquor Act 1989 |
No liquor sold, supplied or delivered from midnight Thursday (though some exemptions)* |
No restrictions |
No liquor sold, supplied or delivered from midnight Saturday (though some exemptions)* |
No restrictions |
| Holidays Act 2003 |
Public Holiday |
Not a Public Holiday |
Not a Public Holiday |
Public Holiday |
*These exemptions are not linked with each other
The impact of these inconsistencies includes:
- criticism from non-exempt businesses that the area exemptions under the Shop Trading Hours Act Repeal Act 1990 mean that businesses in similar areas have different trading rights and trading restrictions
- criticism that current area exemptions and exceptions could override the observance of these days of special, national, religious and/or social significance
- confusion regarding liquor outlets that are currently able to sell liquor, for example, taverns are restricted from trading whereas restaurants are not
- criticism of the penalty provisions in the Shop Trading Hours Act Repeal Act 1990 as an inadequate deterrent to breaches of the law
- as Easter Sunday is not a public holiday under the Holidays Act 2003 some employees in exempted shops or areas may have to work and not receive any additional compensation for doing so
- employees who work on Easter Sunday but not ordinarily on a Monday are not eligible for treatment of either day as a public holiday (in contrast to the situation on Christmas Day and New Year's Day, which can be observed either on the actual day or on the following Monday or Tuesday).
- under the current arrangements (collective and individual agreements), employees' entitlements for working on Easter Sunday vary across industries depending on whether they are exempt or restricted from trading and the provisions of collective and individual agreements
- employees could be required to work on alternative days or be paid their normal pay without needing to work.
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Questions:
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