Anzac Day 2018 - Trading Restrictions

10 Apr 2018

Trading Restrictions for Anzac Day - Wednesday 25th April 2018. 

TRADING RESTRICTIONS - 2018

 

TASMANIA

Tasmanian’s have the opportunity to participate in and attend Anzac Day events due to changes in the (Shop Trading Hours Act 1984).

If your business is not an exempt shop and your doors open before 12.30pm on Anzac Day, your business can be fined up to $26,000.

It is an offence to require an employee to work on Anzac Day (or any other public holiday) without the employee’s written agreement. If you do not comply with this, you may be fined under section 8(2) of the Act.

The Act does not cover trading hours for the following:

  • Service stations
  • Real estate auctions or auction houses
  • The sale of motor vehicles
  • Car yards or dealers advertising or exposing motor vehicles for sale
  • The sale of replacement parts necessary for essential repairs to motor vehicles
  • Pubs, night clubs and hotels where alcohol is the main good sold
  • Restaurants and cafes whose ‘principal business’ is providing meals or cooked food

Certain shops are exempt from trading restrictions and these include:

  • Pharmacies
  • Newsagencies (under a ministerial order)
  • Shops which are NOT part of a shopping Centre, plaza or mall and where the number of employees that worked there on any day previous in March, did not exceed 10; and
  • Shops or classes of shops that the Minister declares, by order, may be kept open.
ALL OTHER SHOPS MUST ABIDE BY THE ACT OR FACE FINES

If you are not an exempt shop then under the Shop Trading Hours Act 1984, it is an offence to open your shop before 12.30pm on Anzac Day.  If you open your shop then you can be fined under section 5(4) of the Act.

You will be considered open if your shop:
  • is unlocked or open for public admission or
  • sells goods, seeks orders from or delivers goods to customers.

NEW SOUTH WALES

Under the Retail Trading Act 2008 the retail trading sector is restricted on ANZAC Day (prior to 1 pm). 

In order to open on a restricted trading day your shop must be exempt – see list below:

  • You are a retailer who wants to open on Boxing Day under the section 8A conditional exemption
  • You are a Small Shop retailer
  • You are a Schedule 1 ‘Exempt Shop’ retailer
  • Your business is located within one of the exempted Local Government Areas
  • Your business has an existing section 10 exemption to trade
  • You are the holder of a Hotel licence

* If your business has an exemption to open on any of the restricted trading days a Voluntary Staffing provision applies.

Evidence that a shop is unlawfully open is not just a matter of the doors being locked. It also means particular activities cannot be undertaken inside the retail premises, such as packing shelves, unloading trucks or preparing food.  For more information go to: Retail Trading in NSW.

If your business is not an exempt shop and you breach the exemptions then your business can be fined.  In addition, there are restrictions on requiring an employee to work.

VICTORIA

In Victoria Anzac Day is a restricted trading day between 12.01 am and 1pm on ANZAC Day and only exempt shops are permitted to open.

Exempt shops are businesses which have 20 or fewer persons employed in the shop at any time during a restricted trading day or the number of persons employed by the business and its related entities is no more than 100 at any time during the seven days immediately before the restricted trading day.

Certain types of businesses are exempt from any restricted trading days. They can open whenever they wish throughout the year. The types of business that are exempt include:

  • Chemists
  • Petrol shops
  • Restaurants, Cafes and Takeaway outlets
  • Service providers
  • Hire outlets (including video stores).

Businesses such as restaurants, cafes, bars, clubs and bottle shops, may have additional restrictions in place regarding the supply for alcohol on restricted trading days. Check with the Victorian Commission for Gambling and Liquor Regulation or www.business.vic.gov.au for further information.

If your business is not an exempt shop and you breach the exemptions then your business can be fined.  In addition, there are restrictions on requiring an employee to work.

If you work outside of Tasmania, a full list of 2018 public holidays for all states and territories is available at https://www.fairwork.gov.au/leave/public-holidays/list-of-public-holidays