Trading (Allowable Hours) Act 1990 - Queensland

Service summary

To decide the allowable trading hours of shops.

The Act provides for three classes of shops:

  • exempt shops (which have unrestricted trading hours under the Act)
  • independent retail shops (which may have certain restrictions on trading hours on specific days of the year)
  • non exempt shops (which have specified allowable trading hours as prescribed in Orders made under the Act).

The Act also contains specific provisions for trading hours on ANZAC Day.

There is also provision for the Queensland Industrial Relations Commission to grant applications for extended trading hours in certain areas of the State.

The following Subordinate Legislation should be examined:

  • Trading (Allowable Hours) Regulation 2004.

The following Guides or Booklets are available:

  • Trading Hours.

Service type

Regulatory Obligation

An obligation defined in law. A business must comply with relevant services.

Definition of terms

Exempt shops

as specifically listed in the Act.

Independent retail shops

defined in the Act, includes most small businesses not listed as exempt shops.

Non exempt Shops

covers remaining categories, including larger businesses not considered as exempt shops.

Shop

any place, pack or storage in or from which goods are sold, by retail or wholesale; any place, pack or storage in or from which goods ordinarily sold in shops are delivered or disposed of, or any document or thing evidencing title to such goods is delivered in accordance with any agreement, arrangement, condition, scheme, device or contrivance whereby property in such goods passes from any person to another; any place occupied by a hairdresser, beautician or barber; but does not include the sample room of a commercial traveller.

Additional information

Reference:

Trading (Allowable Hours) Act 1990, s5, 6, 17, 19, 20, 21, 22 and Parts 5A and 6

Areas where extended trading applies on Sundays and certain public holidays include:

  • South East Queensland Area (including: Brisbane Area; Sunshine Coast and Gold Coast)
  • Hervey Bay Area
  • Cairns Tourist Area
  • Townsville and Thuringowa Areas
  • Mossman and Port Douglas Areas
  • Whitsunday Tourist Area
  • Yeppoon Tourist Area
  • Morandah Area
  • Cooloola Cove Area
  • City of Rockhampton Area
  • City of Toowoomba area
  • Mackay, Innisfail, Emerald and Gladstone areas.

Appeal

Appeal process

Lodgement

Compliance Mechanisms and Penalties:

Industrial inspectors authorised under the Act have powers to monitor compliance, investigate suspected offences and bring prosecutions before an Industrial Magistrate. Fines are imposed on conviction.

The Industrial Commission may issue an injunction to enforce compliance with a previous order or to restrain a breach or continuation of a breach of an order.

Failure to comply may lead to prosecution in the Industrial Court.

Review or Appeal Mechanisms:

An appeal against a decision by an Industrial Magistrate may be made to the Industrial Court.

An appeal against a decision of the Industrial Court, following prosecution for contravening or failing to comply with an injunction order, may be made to the Court of Appeal.


Administering agency

Queensland Treasury
Private Sector Industrial Relations
Industrial Relations Services

Contact details

Information Services
Queensland Treasury
Private Sector Industrial Relations
Industrial Relations Services


Phone:

07 3225 2299
mailbox@justice.qld.gov.au

Website:

Department of Justice and Attorney-General Opens in a new browser window

Supporting information

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