Retail Trading Regulation 2009

1 Name of Regulation

This Regulation is the Retail Trading Regulation 2009.

cl 1: Am 2010 No 114, Sch 2 [1].

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 Retail Trading Act 2008.

cl 3: Am 2010 No 114, Sch 2 [2].

3A Sydney Trading Precinct

For the purpose of section 4 (3) of the Act, the Sydney Trading Precinct is the precinct 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 to Parramatta 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.

Note—

An illustration of the above description is as follows:

cl 3A: Ins 2010 No 114, Sch 2 [3].

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6 (Repealed)

cl 6: Ins 2009 (623), Sch 1 [1]. Rep 2010 No 114, Sch 2 [4].

Schedule 1 Application form

(Clause 5)

Application for retail trading on restricted trading days

Retail Trading Act 2008

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

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? ............................................................
............................................................
............................................................

What is the need for the shop to be open on a restricted trading day/s? ............................................................
............................................................
............................................................

What is the likely effect on the local economy, tourism, small businesses and other businesses in the area if the exemption is granted? ............................................................
............................................................
............................................................

What is the likely effect on employees or persons working in the shop if the exemption is granted? ............................................................
............................................................
............................................................

Employees working on restricted trading day/s will be employed under which industrial instrument/s? ............................................................
............................................................
............................................................

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]. Am 2010 No 114, Sch 2 [5].

Schedule 2 (Repealed)

sch 2: Ins 2009 (623), Sch 1 [2]. Rep 2010 No 114, Sch 2 [6].