Shop Trading Hours Regulations 2018 (SA)

South Australia Shop Trading Hours Regulations 2018 under the Shop Trading Hours Act 1977

Contents 1 Short title 2 Commencement 3 Interpretation 4 Meaning of hardware and building materials (section 4 of Act) 5 Prescribed hardware and building materials and prescribed percentage (section 13 of Act) 6 Licence to sell motor spirit and lubricants (section 17 of Act) 7 Closing and fastening of yards (section 19 of Act) Schedule 1—Hardware and building materials (section 4 of Act) Schedule 2—Hardware and building materials (section 13(5f)(b) of Act) Schedule 3—Revocation of Shop Trading Hours Regulations 2003 Legislative history

1—Short title These regulations may be cited as the Shop Trading Hours Regulations 2018. 2—Commencement These regulations will come into operation on 1 September 2018. 3—Interpretation In these regulations— Act means the Shop Trading Hours Act 1977. 4—Meaning of hardware and building materials (section 4 of Act) Pursuant to the definition of hardware and building materials in section 4(1) of the Act, the term hardware and building materials in the Act means goods of a class set out in Schedule 1 or Schedule 2 or goods of a similar class. 5—Prescribed hardware and building materials and prescribed percentage (section 13 of Act) (1) The hardware and building materials set out in Schedule 2 are prescribed for the purposes of section 13(5f)(b) of the Act. (2) The percentage of the aggregate price of all hardware and building materials sold at a shop for the purposes of section 13(5f)(b) of the Act is 20%. 6—Licence to sell motor spirit and lubricants (section 17 of Act) (1) An application for a licence under section 17 of the Act must be in writing and must state— (a) the address of the shop to which the application relates; and (b) the name and address of the applicant. (2) A licence granted under section 17 of the Act is subject to the following limitations, restrictions and conditions: (a) the shopkeeper must ensure that the business of the shop is predominantly the retail sale of motor spirit and lubricants; (b) the aggregate price of goods (not being motor spirit, lubricants, spare parts and accessories for motor vehicles or foodstuffs or drinks) sold at the shop during any period of 7 consecutive trading days must not exceed 20% of the aggregate price of motor spirit, lubricants and spare parts and accessories for motor vehicles sold at the shop during that period; (c) the shopkeeper must, at the request of an Inspector, produce the licence to the Inspector for examination. 7—Closing and fastening of yards (section 19 of Act) (1) Where a yard comprises the whole or part of a shop, the boundaries of the yard must be closed and fastened against the admission of the public by a fence that meets the following requirements: (a) the fence must form a barrier that is impossible or difficult for a person to cross and in the case of a fence comprising a chain or rail supported at each end, no part of the chain or rail may be less than 800 millimetres nor more than 1 000 millimetres from the ground; (b) a gate or door comprising part of the fence must be securely locked; (c) all parts of the fence that are designed to be removed must be securely locked in place. (2) In this regulation— fence includes a wall or any other barrier.