Division 2Exemptions
by Secretary
10Secretary may exempt shops from trading
restrictions
(1)
The Secretary may by order, on application by the
occupier of a shop, exempt the shop from a requirement under this Act to be
kept closed.
(2)
The Secretary must not grant an exemption for a
shop unless the Secretary is satisfied that it is in the exceptional
circumstances of the case in the public interest to do so, having regard to
the following matters—
(a)
the nature of the shop and the kinds of goods
sold by the shop,
(b)
the need for the shop to be kept open on the day
or days concerned,
(c)
the likely effect of the proposed exemption on
the local economy, tourism and small businesses and other businesses in the
area,
(d)
the likely effect of the proposed exemption on
employees of, or persons working in, the shop.
(3)
An application for an exemption under this
Division may not be made in respect of a shop that is not in existence when
the application is made.
(4)
An exemption may—
(a)
apply in respect of one or more specified
restricted trading days or all restricted trading days, or
(b)
apply in respect of specified times on a
restricted trading day.
(5)
An exemption has effect for the period, not
exceeding 3 years, specified by the Secretary in the
order.
(6)
The period of the exemption may not be extended
by an amendment to the order.
(7)
An exemption may be subject to
conditions.
s 10: Subst 2009 No
70, Sch 1 [3].
11Applications for exemptions
(1)
An application for an exemption by the Secretary
is to be—
(a)
made in the manner and the form approved by the
Secretary, and
(b)
made not later than 28 days before the first day
for which the exemption is sought, and
(c)
accompanied by the application fee, if any,
prescribed by the regulations.
(2)
An application may be made in respect of more
than one shop.
(3)
An applicant must, if required to do so, provide
the Secretary with such additional information and documents in relation to an
application as the Secretary may request.
(4)
Before determining an application, the Secretary
must—
(a)
cause the application to be publicly exhibited
for a period of at least 14 days, and
(b)
seek public comment on the application during the
public exhibition period, and
(c)
have regard to any public comment received during
that period.
s 11: Subst 2009 No
70, Sch 1 [3]. Am 2020 No 25, Sch 4.1[1] [2].
11APublication of orders and reasons for
decisions
(1)
The Secretary must publish on the Departmental
website an order granting an exemption and the reasons for any decision made
by the Secretary to grant or not to grant an exemption.
(2)
An order and reasons must be published as soon as
practicable after the relevant decision is made.
ss 11A–11C: Ins
2009 No 70, Sch 1 [3].
11BDeemed refusal of application
If the Secretary has not determined an
application for an exemption before the end of the period of 40 days after the
application was made to the Secretary (or such longer period as the Secretary
determines with the consent in writing of the applicant), the Secretary is
taken, for the purposes of section 12, to have made a decision to refuse to
grant the exemption.
ss 11A–11C: Ins
2009 No 70, Sch 1 [3].
11CApplication of Division to applications for amendment or
revocation of exemption orders
(1)
An occupier of a shop that is subject to an
exemption under this Division may apply for the amendment or revocation of the
exemption order.
(2)
This Division applies to any such application in
the same way as it applies to an application for an
exemption.
ss 11A–11C: Ins
2009 No 70, Sch 1 [3].
12Administrative reviews by Civil and Administrative
Tribunal
(1)
Any person who has applied for an exemption and
is aggrieved by any of the following decisions may apply to the Civil and
Administrative Tribunal for an administrative review under the Administrative Decisions Review Act
1997 of the decision—
(a)
a determination of the Secretary to refuse to
grant or to amend or revoke an exemption,
(b)
a determination of the Secretary as to the
conditions subject to which, or the period for which, an exemption is
granted.
(2)
Any other person who considers himself or herself
to have a sufficient interest in an application for an exemption under this
Division may apply to the Civil and Administrative Tribunal for an
administrative review under the Administrative Decisions
Review Act 1997 of any such
decision.
(3)
The Civil and Administrative Tribunal is not
required to conduct an administrative review of a decision on the application
of a person referred to in subsection (2) if it is not satisfied that the
person has a sufficient interest in the application for
exemption.
(4)
A representative of an industrial organisation of
which persons employed or engaged in shops are entitled or eligible to become
members may apply to the Civil and Administrative Tribunal for an
administrative review under the Administrative Decisions
Review Act 1997 of any of the following
decisions—
(a)
a determination of the Secretary to grant or to
amend an exemption,
(b)
a determination of the Secretary as to the
conditions subject to which, or the period for which, an exemption is
granted.
(5)
In this section—
industrial
organisation means—
(a)
an industrial organisation of employees within
the meaning of the Industrial Relations Act
1996, or
(b)
an association of employees registered as an
organisation under the Fair Work (Registered Organisations) Act
2009 of the Commonwealth.
s 12: Am 2009 No 70,
Sch 1 [4] [5]; 2010 No 114, Sch 1 [9] [10]; 2013 No 95, Sch 2.132 [1]
[2].
13Staffing on restricted trading days
(1)
Any exemption granted by the Secretary under this
Part is subject to the condition that, on a restricted trading day, the
exempted shop is staffed only by persons who have freely elected to work on
that day.
(2)
(3)
This section has effect despite any other
law.
s 13: Am 2010 No 114,
Sch 1 [11]; 2015 No 55, Sch 1 [7] [8].
14Offence—failure to comply with exemption
condition
An occupier of a shop must not fail to comply
with a condition of an exemption imposed under this Division.
Maximum penalty—50 penalty
units.