Application process for shop trading exemptions
The Shop Trading Hours Act 1977 (the Act) authorises the Minister for Industrial Relations to grant temporary exemptions from the regime of trading hours prescribed in Section 13 of the Act, subject to the Minister and/or the applicant satisfying the criteria for exemption specified in Section 5(8) of the Act. This sub section requires that the Minister consider such matters as the outcome of community consultations, the requirements of tourists and the extent of prior notice of the exemption given to the public.
Since amendments to the Act in April 2012, the Minister can now issue a single Exemption Notice (published in the Government Gazette) authorising additional hours that non-exempt shops can trade. This will markedly reduce red tape as individual exemption applications will no longer be necessary at the times of year when numerous applications are made, such as Christmas.
The application process for individual exemption requests for times outside a general exemption issued by the Minister will remain the same.
As part of the assessment process for granting an exemption, applicants seeking an exemption for a non-exempt shop in the city or metropolitan area will also be required to:
- arrange public advertisements calling for comments about the proposed exemption;
- ascertain the views of employees or their representatives (union);
- notify the relevant local council(s);
- notify the South Australia Police (SAPOL)
- notify public transport operators in some circumstances e.g. large shopping centres.
Please note that these criteria will apply for applications for exemptions from retailers in the city and metropolitan area and not from retailers in Proclaimed Shopping Districts in country South Australia.
(Please also ensure that you allow adequate time for the various parties to respond, where relevant, and for your exemption application to be assessed. You will need to provide evidence of contact with these parties and, in relation to any consultations, their outcomes with your application.)
