Smith v NSW Treasury [2017] NSWCATAD 337

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Smith v NSW Treasury [2017] NSWCATAD 337 Hearing dates: 17 March 2017 Date of orders: 17 November 2017 Decision date: 17 November 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: K Ransome, Senior Member Decision: (1) The Shop, Distributive and Allied Employees' Association is removed as a party.

(2) The decision under review is affirmed. Catchwords: RETAIL TRADING – exemption from trading restrictions – whether exemption made under repealed 1962 Act still effective and capable of amendment

STATUTORY INTERPRETATION – effect of repeal of Act on order made under repealed Act – transitional provisions – meaning of "taken to be exempted" under new Act - "grandfathering" of existing exemptions – effect of later amendment of new Act – intention of Parliament Legislation Cited: Factories, Shops and Industries Act 1962 Shops and Industries Act 1962 Retail Trading Act 2008 Shop Trading Amendment Act 2009 Interpretation Act 1987 Cases Cited: Thiess v Collector of Customs (2014) 250 CLR 664 Federal Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 250 CLR 503 Project Blue Sky v Australia Broadcasting Authority (1998) 194 CLR 355 Maxwell v Murphy (1956) 96 CLR 261 Anthony Hordern and Sons Ltd v Amalgamated Clothing and Allied Trades Union of Australia (1932) 47 CLR 1 Category: Principal judgment Parties: Bernie Smith (Applicant) NSW Treasury (Respondent) Representation: Counsel: AG Rogers (Applicant) TL Wong and PR Gaffney (Respondent)