1 Name of Regulation
This Regulation is the Shop Trading Regulation 2009.
2 Commencement
This Regulation commences on the day on which it is published on the NSW legislation website.
3 Definition
In this Regulation, the Act means the Shop Trading Act 2008.
4 Public review period for exemption applications
(1) Before determining an application for an exemption under Division 2 of Part 3 of the Act, the Director-General must:(a) cause the application to be publicly exhibited for a period of at least 21 days, and(b) seek public comment on the application during the period of public exhibition, and(c) have regard to any public comment received during that period.(2) This clause does not apply to an application for an exemption made before the commencement of this clause.cl 4: Subst 2009 No 70, Sch 2 [1].
5 Application for exemption
An application for exemption is to be in the form set out in Schedule 1.cl 5: Ins 2009 No 70, Sch 2 [1].
6 Additional transitional arrangements
(1) Clause 2 of Schedule 2 (Savings, transitional and other provisions) to the 2008 Act extends to a transitional exemption order as if the order were an existing exemption under that clause that was in force immediately before the repeal of the 1962 Act and as if the order were not limited in its application to an occurrence of the restricted trading day during the pre-commencement period but extended to any occurrence of the restricted trading day during the transition period.(2) A shop in the Sydney commercial business district is exempted from a requirement under the 2008 Act to be kept closed on Boxing Day during the transition period.(3) In this clause:1962 Act means the Shops and Industries Act 1962.2008 Act means the Shop Trading Act 2008.pre-commencement period means the period of 12 months immediately before the commencement of the 2008 Act.Sydney commercial business district means the district described in Schedule 2.transition period means the period of 2 years after the commencement of the 2008 Act.transitional exemption order means an order under section 85 of the 1962 Act that permitted a shop to be kept open on a restricted trading day during the pre-commencement period.cl 6: Ins 2009 (623), Sch 1 [1].
Schedule 1 Application form
(Clause 5)
Application for retail trading on restricted trading days
Applicant’s details
Applicant’s name:
Business name:
Trading name:
ABN/ACN:
Contact details
Street address: [include city/town and postcode]
Postal address: [if different from above]
Telephone number: [include area code]
Fax number:
Email address:
Person making the application:
Position title:
Details of exemption being sought
Please identify the restricted trading day/s for which you are seeking an exemption:
□ | Good Friday |
□ | Easter Sunday |
□ | Before 1pm on ANZAC Day |
□ | Christmas Day |
□ | Boxing Day |
Is the exemption for:
□ | a specific day or days or period, being [specify the date or dates or period], or |
□ | up to three years. |
Please nominate the proposed trading hours:
Commencing at: AM/PM
Closing at: AM/PM
Commencing at: AM/PM
Closing at: AM/PM
Information required to support the application
The Director-General of the NSW Department of Services, Technology and Administration may only grant an exemption if satisfied that it is, in the exceptional circumstances of the case, in the public interest to approve this application.
What is the nature of the business and goods sold? ............................................................
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What is the need for the shop to be open on a restricted trading day/s? ............................................................
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What is the likely effect on the local economy, tourism, small businesses and other businesses in the area if the exemption is granted? ............................................................
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What is the likely effect on employees or persons working in the shop if the exemption is granted? ............................................................
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Employees working on restricted trading day/s will be employed under which industrial instrument/s? ............................................................
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Number of employees likely to work in the shop/s if the exemption is granted? [insert number]
This application will be put on public exhibition by the Director-General of the NSW Department of Services, Technology and Administration. It is an offence to fail to comply with any conditions imposed on an exemption by the Director-General or delegated officer.
[signature]
[date]
sch 1: Ins 2009 No 70, Sch 2 [2].
Schedule 2 Sydney commercial business district
The Sydney commercial business district is the district described as:(a) having a northern boundary composed by the southern shoreline of Port Jackson Harbour, extending from Rushcutters Bay to Jubilee Park at Blackwattle Bay, and
(b) having a western boundary extending from Jubilee Park at Blackwattle Bay, along the western side of Glebe Point Road and City Road, and then in a direct line to the corner of City Road and Cleveland Street, Chippendale, and
(c) having a south-western boundary extending from the corner of City Road and Cleveland Street, Chippendale, proceeding in a direct line to the corner of South Dowling Street and Todman Avenue, Kensington, and
(d) having a south-eastern boundary from the corner of South Dowling Street and Todman Avenue, Kensington, proceeding in a direct line to the corner of Council Street and Bondi Road, Bondi Junction, and
(e) having a north-eastern boundary from the corner of Council Street and Bondi Road, Bondi Junction, proceeding in a direct line to the corner of New South Head Road and Neild Avenue, Rushcutters Bay, and then in a direct line due north to the southern shoreline of Port Jackson Harbour.
sch 2: Ins 2009 (623), Sch 1 [2].