VersionNo. 040
Shop Trading Reform Act 1996
No. 38 of 1996
Versionincorporating amendments as at
13 October 2011
table of provisions
SectionPage
1
SectionPage
Part 1—Preliminary
1Purpose
2Commencement
3Definitions
4Exempt shops
Part 2—Shop Closing Times
5Ordinary shop closing times
5A, 6Repealed
Part 2A—Enforcement
6AAppointment of inspectors
6BInspector's identity card
6CProduction of identity card
6DInspector may seek Court order
6EEntry of premises open to the public
6FProtection against self-incrimination
6GConfidentiality
Part 3—Miscellaneous
7Voiding of certain lease provisions
8Prosecutions under this Act
9Restraining orders
10Supreme Court—limitation of jurisdiction
11Regulations
12–14Repealed15
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SCHEDULES
SCHEDULES 1, 2—Repealed
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
VersionNo. 040
Shop Trading Reform Act 1996
No. 38 of 1996
Versionincorporating amendments as at
13 October 2011
1
Shop Trading Reform Act 1996
No. 38 of 1996
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1Purpose
The purpose of this Act is to provide for the management of shop trading in Victoria.
2Commencement
(1)This Part comes into operation on the day on which this Act receives the Royal Assent.
(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision referred to in subsection (2) does not come into operation before 1 March 1997, it comes into operation on that day.
3Definitions
(1)In this Act—
Council has the same meaning as in the Local Government Act 1989 but does not include the Council of the City of Melbourne;
S. 3(1) def. of exempt shop substitutedby No. 112/2003 s3(a).
exempt shop means a shop referred to in section4;
S. 3(1) def. of inspector insertedby No. 112/2003 s.3(c).
inspector means an inspector appointed under section 6A;
metropolitan municipal district has the same meaning as in the Public Holidays Act 1993;
municipal district, in relation to a Council, has the same meaning as in the Local Government Act 1989;
occupier, in relation to a shop, includes—
(a)a person entitled to occupy the shop; and
(b)a person managing or controlling, or apparently managing or controlling, a business carried on in the shop; and
s. 3
(c)a person who is, or appears to be, the employer of a person or persons working in a business carried on in the shop;
officer, in relation to a body corporate, means—
(a)a director, secretary or executive officer of the body corporate; or
(b)any person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act; or
(c)a person concerned in the management of the body corporate; or
(d)in relation to the commission by the body corporate of an offence relating to a shop, a person concerned in the management of the shop;
S. 3(1) def. of ordinary shop closing times amendedby Nos1/2003 s.5, 96/2003 s.18, 3/2011 s.3(a).
ordinary shop closing times means—
(a)all times on Good Friday and Christmas Day;
(b)between the hours of 12:01 am and 1:00 pm on ANZAC Day;
S. 3(1) def. of Secretary insertedby No. 112/2003 s.3(c), amendedby No.3/2011 s.3(b).
Secretary means the Secretary to the Department of Business and Innovation;
S. 3(1) def. of shop substitutedby No. 112/2003 s.3(b), amended by No. 2/2008 s.27(1).
shop means the whole or any part of a building, structure or place or any vehicle—
(a)that is used wholly or predominantly for the retail sale of goods; and
(b)in or at which goods are sold or exposed or offered for sale by retail on one or more occasions.
S. 3(1) def. of special local shop closing times repealed by No. 2/2008 s.27(2).
*****
S. 3(2) repealed by No. 2/2008 s.27(3).
*****
S. 4 amendedby Nos 44/2001 s.3 (Sch. item102), 5/2003 s.3(1)(2), substitutedby No. 112/2003 s.4.
4Exempt shops
s. 4
(1)A shop is an exempt shop ifthe predominant business carried on in the shop is that of—
(a)a chemist shop; or
(b)a petrol shop; or
(c)an eating-house, restaurant, cafe or any other shop that sells cooked or prepared meals that are ready to eat on the premises or to be consumed off the premises; or
(d)a prescribed kind.
(2)A shop is also an exempt shop at a particular time if—
(a)the number of persons employed and working in a business carried on in the shop at that time does not exceed 20; and
(b)at any time within the period of 7 days before that time, the number of persons employed by the occupier of the shop and working in any business carried on in shops of any kind in Victoria does not exceed 100.
(3)The number of persons employed for the purposes of subsection (2)(b)—
(a)if the occupier of the shop is a body corporate, is to include the persons—
(i)employed in shops of any kind in Victoria by a body corporate that is, by reason of the Corporations Act, related to that body corporate; and
(ii)working in any business carried on in those shops;
(b)is to be calculated by dividing the total number of the hours worked by all persons employed and working in the business carried on in those shops during the relevant period by 38.
s. 4
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Part 2—Shop Closing Times
5Ordinary shop closing times
s. 5
(1)All shops, except exempt shops, must be closed and kept closed during ordinary shop closing times.
(2)The occupier of a shop, other than an exempt shop, must not fail to close the shop and keep it closed during ordinary shop closing times.
Penalty:100 penalty units.
(3)The occupier of a shop other than an exempt shop, or an employee of that occupier, must not publish a statement or indication that at any time during ordinary shop closing times—
(a)the shop will be open for the sale of goods by retail; or
(b)a person will be in the shop and will sell goods there and receive orders for goods by any means; or
(c)the shop will be open for the inspection of goods in it or the delivery of previously sold or ordered goods.
Penalty:100 penalty units.
S. 5A insertedby No. 1/2003 s.6, repealedby No.3/2011 s.4.
*****
S. 6
repealed by No. 2/2008 s.28.
*****
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Pt 2A (Heading and ss6A–6G) insertedby No. 112/2003 s.5.
Part 2A—Enforcement
S. 6A insertedby No. 112/2003 s.5, amendedby No.108/2004 s.117(1) (Sch.3 item182.1).
6AAppointment of inspectors
s. 6A
The Secretary may, by instrument, appoint as inspectors any employees employed under Part 3 of the Public Administration Act 2004.
S. 6B insertedby No. 112/2003 s.5 .
6BInspector's identity card
(1)The Secretary must issue an identity card to each inspector.
(2)An identity card must contain—
(a)a photograph and the name or identifying number of the inspector to whom it is issued; and
S. 6B(2)(b) substitutedby No.108/2004 s.117(1) (Sch.3 item182.2).
(b)the name of the public service body established under the Public Administration Act 2004 in which the inspector is employed.
S. 6C insertedby No. 112/2003 s.5 .
6CProduction of identity card
An inspector must produce his or her identity card for inspection—
(a)before exercising a power under a Court order made under section 6D other than a requirement made by post; and
(b)at any time during the exercise of a power under a Court order made under section 6D, if asked to do so.
Penalty:10 penalty units.
S. 6D insertedby No. 112/2003 s.5 .
6DInspector may seek Court order
s. 6D
(1)If an inspector believes, on reasonable grounds, that a person or persons may have contravened this Act, the inspector, with the written approval of the Secretary, may apply to the Magistrates' Court for an order requiring any person at a time and place specified by an inspector—
(a)to answer orally or in writing any questions put by an inspector in relation to the alleged contravention;
(b)to supply orally or in writing information required by an inspector in relation to the alleged contravention;
(c)to produce to an inspector specified documents or documents of a specified class relating to the alleged contravention.
(2)If the Magistrates' Court is satisfied on the basis of evidence presented by the inspector that there are reasonable grounds to believe that a person or persons may have contravened this Act, the Court may grant the order sought.
(3)An order under this section must state a day, not later than 28 days after the making of the order, on which the order ceases to have effect.
(4)If any documents are produced to an inspector under an order made under this section the inspector may—
(a)inspect the documents or authorise a person to inspect the documents;
(b)make copies of or take extracts from the documents;
(c)seize the documents if the inspector considers the documents necessary for the purpose of obtaining evidence for the purpose of any proceedings against any person under this Act;
(d)secure any seized documents against interference;
(e)retain possession of the documents in accordance with this Part.
(5)An inspector who executes an order under this section must as soon as practicable after that execution notify the Magistrates' Court in writing of—
(a)the time and place of execution; and
s. 6D
(b)the documents or classes of documents seized; and
(c)if documents were seized under subsection (4)(c) in respect of a contravention other than a contravention for which the order was granted, the contravention in respect of which the documents were seized.
(6)The Magistrates' Court may direct the inspector to bring before the Court a document to which subsection (5)(c) applies so that the matter may be dealt with according to law.
(7)The Magistrates' Court may direct that a document brought before it under subsection (6) be returned to its owner, subject to any condition the Court thinks fit, if in the opinion of the Court it can be returned consistently with the interests of justice.
S. 6E insertedby No. 112/2003 s.5 .
6EEntry of premises open to the public
s. 6E
An inspector may do either or both of the following—
(a)enter and inspect any part of premises which are, at the time of the entry and inspection, open to the public;
(b)purchase goods at the premises at such a time and at such a price at which they are available to the public to purchase.
S. 6F insertedby No. 112/2003 s.5 .
6FProtection against self-incrimination
(1)It is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do by or under this Part, if the giving of the information or the doing of that other thing would tend to incriminate the person.
(2)Despite subsection (1), it is not a reasonable excuse for a natural person to refuse or fail to produce a document that the person is required to produce by or under this Part, if the production of the document would tend to incriminate the person.
S. 6G insertedby No. 112/2003 s.5 .
6GConfidentiality
(1)An inspector must not, except to the extent necessary to carry out the inspector's functions under this Part, give to any other person, whether directly or indirectly, any information acquired by the inspector in carrying out those functions.
Penalty:60 penalty units.
(2)Subsection (1) does not apply to the giving of information—
(a)to a court or tribunal in the course of legal proceedings; or
(b)pursuant to an order of a court or tribunal; or
(c)to the extent reasonably required to enable the investigation or the enforcement of a law of this State or of any other State or Territory or of the Commonwealth; or
(d)with the written authority of the Secretary; or
(e)with the written authority of the person to whom the information relates.
s. 6G
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Part 3—Miscellaneous
7Voiding of certain lease provisions
s. 7
S. 7(1) amended by Nos4/2003 s.122(1), 112/2003 s.6(a)–(c).
(1)A provision of a lease or agreement relating to retail premises within the meaning of the Retail Leases Act 2003 situated within a metropolitan municipal district (whether entered into before or after the commencement of this section) that purports to require the premises to be open between the hours of 5:00 pm and midnight on a Saturday or at any time on a Sunday or a public holiday where the premises are located is void.
S. 7(2) amended by Nos4/2003 s.122(1), 112/2003 s.6(a)–(c).
(2)A provision of a lease or agreement relating to retail premises within the meaning of the Retail Leases Act 2003 situated outside a metropolitan municipal district (whether entered into before or after the commencement of this section) that purports to require the premises tobe open between the hours of 1:00 pm and midnight on a Saturday or at any time on a Sunday or a public holiday where the premises are located is void.
S. 7(3) amended by Nos 14/1998
s. 51, 4/2003 s.122(2)
(a)–(c).
(3)If a dispute arises between the parties to a retail premises lease to which the Retail Leases Act 2003 applies as to a requirement by the landlord of a kind referred to in subsection (1) or (2), as the case requires, then Part 10 of that Act applies to the dispute as if it were a retail tenancy dispute within the meaning of that Part.
8Prosecutions under this Act
(1)In a proceeding for an offence against this Act—
(a)it is sufficient to allege that a shop is a shop for the purposes of this Act without further allegation;
(b)it is sufficient to state the name of the ostensible occupier of any premises or the name or title by which the occupier is usually known;
S. 8(1)(c) amendedby No.68/2009 s.97(Sch. item113).
(c)the onus of proof that a person named in a charge is not an occupier of the premises is on theaccused;
(d)it is not a defence that the occupier of a shop was not in the State when the alleged offence was committed;
(e)a shop is deemed not to have been closed at a time at which it is proved that—
(i)goods were sold or offered or exposed for sale at the shop; or
(ii)goods were available for inspection by persons within the shop; or
S. 8(1)(e)(iii) repealedby No. 112/2003 s.7(1)(a).
*****
s. 8
(iv)goods that had previously been sold or ordered were delivered or were available for delivery at the shop to the person who bought or ordered them or to some other person on behalf of that person; or
S. 8(1)(e)(v) amendedby No. 112/2003 s.7(1)(b).
(v)orders for goods were received by a person in attendance at the shop.
(2)If a body corporate is guilty of an offence against this Act, a person who was an officer of the body corporate when the offence was committed is also guilty of that offence and liable to the penalty for it unless he or she proves that the act or omission constituting the offence took place without his or her knowledge or consent and that he or she did not know and could not reasonably have known of the act or omission.
(3)If in a proceeding for an offence against this Act it is necessary to establish the intention of a body corporate, it is sufficient to show that an officer of the body corporate had that intention.
9Restraining orders
s. 9
S. 9(1) amended by No. 2/2008 s.29(a).
(1)The County Court may grant an order restraining a person from engaging in conduct that constitutes or would constitute an offence against this Act if the Court is satisfied that the person has wilfully and repeatedly engaged in conduct of that kind.
(2)An order may only be granted under subsection(1) on the application of—
(a)in the case of conduct that constitutes or would constitute an offence against this Act—
S. 9(2)(a)(i) substitutedby No. 112/2003 s.7(2).
(i)the Secretary; or
S. 9(2)(a)(ii) amended by Nos 46/1998 s.7(Sch. 1), 108/2004 s.117(1) (Sch.3 item182.3).
(ii)an employee within the meaning of the Public Administration Act 2004 who is authorised in writing by the Minister to apply, either generally or in relation to the particular case; or
S. 9(2)(b) repealed by No. 2/2008 s.29(b).
*****
S. 9(2)(c) amended by No. 2/2008 s.29(c).
(c)in any case, a person aggrieved by the conduct that constitutes or would constitute an offence against this Act.
(3)The County Court may rescind or vary an order granted under subsection (1).
S. 9(4) amended by No. 2/2008 s.29(d).
(4)The County Court may exercise its powers under this section in relation to a person whether or not proceedings have been brought against the person for an offence against this Act.
10Supreme Court—limitation of jurisdiction
s. 10
It is the intention of section 7(3) to alter or vary section 85 of the Constitution Act 1975.
11Regulations
S. 11(1) substituted by No. 2/2008 s.30(1).
(1)The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
(2)Regulations made under this Act—
(a)may be made so as to require a matter affected by the regulations to be approved by or to the satisfaction of a specified person or a specified class of persons;
S.11(2)(b) substitutedby No.23/2002 s.202, repealed by No. 2/2008 s.30(2).
*****
(c)may be made so as to confer a discretionary authority or impose a duty on a specified person or a specified class of persons.
S. 11(3) insertedby No. 112/2003 s.8.
(3)The Minister may only recommend the making of regulations prescribing a kind of business for the purposes of section 4(1)(d) if the business is one of selling goods that, in the opinion of the Minister, are essential goods.
Ss 12–14 repealedby No. 112/2003 s.9.
*****
s. 11
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SCHEDULES
Sch. 1
Sch. 1 repealedby No. 112/2003 s.10.
*****
Sch. 2 repealed by No. 2/2008 s.31.
*****
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ENDNOTES
Endnotes
1.General Information
Minister's second reading speech—
Legislative Assembly: 12 September 1996
Legislative Council: 16 October 1996
The long title for the Bill for this Act was "A Bill to provide for the management of shop trading in Victoria, to repeal the Shop Trading Act1987 and the CapitalCity (Shop Trading) Act 1992 and for other purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 12 September 1996
Legislative Council: 16 October 1996
Absolute majorities:
Legislative Assembly: 15 October 1996
Legislative Council: 29 October 1996 and 30 October 1996
The Shop Trading Reform Act 1996 was assented to on 6 November 1996 and came into operation as follows:
Sections 1–4 on 6 November 1996: section 2(1); rest of Act on 26November 1996: Government Gazette 21 November 1996 page 2971.
2.Table of Amendments
This Version incorporatesamendments made to the Shop Trading Reform Act 1996 by Acts and subordinate instruments.
Endnotes
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Retail Tenancies Reform Act 1998, No. 14/1998
Assent Date: / 28.4.98Commencement Date: / S. 51 on 1.7.98: Government Gazette 18.6.98 p. 1511
CurrentState: / This information relates only to the provision/s amending the Shop Trading Reform Act 1996
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date: / 26.5.98Commencement Date: / S. 7(Sch. 1) on 1.7.98: s. 2(2)
CurrentState: / This information relates only to the provision/s amending the Shop Trading Reform Act 1996
Corporations (Consequential Amendments) Act 2001, No. 44/2001
Assent Date: / 27.6.01Commencement Date: / S. 3(Sch. item 102) on 15.7.01: s. 2
CurrentState: / This information relates only to the provision/s amending the Shop Trading Reform Act 1996
Electoral Act 2002, No. 23/2002
Assent Date: / 12.6.02Commencement Date: / S. 202 on 1.9.02: Government Gazette 29.8.02 p.2333
CurrentState: / This information relates only to the provision/s amending the Shop Trading Reform Act 1996
Public Holidays and Shop Trading Reform Acts (Amendment) Act 2003, No.1/2003
Assent Date: / 2.4.03Commencement Date: / Ss 5, 6 on 3.4.03: s. 2
CurrentState: / This information relates only to the provision/s amending the Shop Trading Reform Act 1996
Retail Leases Act 2003, No.4/2003
Assent Date: / 15.4.03Commencement Date: / S. 122 on 1.5.03: s. 2(5)
CurrentState: / This information relates only to the provision/s amending the Shop Trading Reform Act 1996
Shop Trading Reform (Essential Goods Amendment) Act 2003, No.5/2003
Assent Date: / 15.4.03Commencement Date: / S. 3 on 15.4.03: s. 2
CurrentState: / This information relates only to the provision/s amending the Shop Trading Reform Act 1996
ANZAC Day (Amendment) Act 2003, No.96/2003
Endnotes
Assent Date: / 2.12.03Commencement Date: / S. 18 on 3.12.03: s. 2
CurrentState: / This information relates only to the provision/s amending the Shop Trading Reform Act 1996
Shop Trading Reform (Simplification) Act 2003, No.112/2003
Assent Date: / 9.12.03Commencement Date: / 10.12.03: s. 2
CurrentState: / All of Act in operation
Public Administration Act 2004, No.108/2004
Assent Date: / 21.12.04Commencement Date: / S.117(1)(Sch. 3 item 182) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState: / This information relates only to the provision/s amending the Shop Trading Reform Act 1996
Fair Trading and Consumer Acts Further Amendment Act 2008, No.2/2008
Assent Date: / 11.2.08Commencement Date: / Ss 27–31 on 12.2.08: s. 2(1)
CurrentState: / This information relates only to the provision/s amending the Shop Trading Reform Act 1996
Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No.68/2009
Assent Date: / 24.11.09Commencement Date: / S.97(Sch. item113) on 1.1.10: Government Gazette 10.12.09 p.3215
CurrentState: / This information relates only to the provision/s amending the Shop Trading Reform Act 1996
Shop Trading Reform Amendment (Easter Sunday) Act 2011, No.3/2011
Assent Date: / 29.3.11Commencement Date: / Ss 3,4 on 30.3.11: s.2
CurrentState: / This information relates only to the provision/s amending the Shop Trading Reform Act 1996
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3.Explanatory Details
Endnotes
No entries at date of publication.
1