Queensland Consolidated Acts

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TRADING (ALLOWABLE HOURS) ACT 1990 - SECT 31B

31B Industrial commission order amended

(1) This section applies to the trading hours order, other than schedule 4.

(2) For the south-east Queensland area, the order is taken to prescribe that the permissible trading hours on a Sunday or public holiday, other than a closed day, are—

(a) opening time—9a.m.; and
(b) closing time—6p.m.

(3) Subsection (2) applies despite any other provision of the order in force immediately before the commencement of this section.

(4) As soon as practical after this section commences, the industrial registrar must amend the order to agree with subsection (2).

(5) Despite subsection (2), the order as affected by subsection (2) and amended by the industrial registrar is taken to be an order of the industrial commission for the purposes of the future application of section 21.

(6) However, the industrial commission must not make an order prescribing for the south-east Queensland area an opening time later than 9a.m., or a closing time earlier than 6p.m., on a Sunday or public holiday.

(6A) Subsection (6) does not apply to 26 December or 1 January if that date falls on a Sunday.

(7) For the south-east Queensland area, the permissible trading hours on a Sunday or public holiday are not allowable trading hours for the definition core trading hours in the Retail Shop Leases Act 1994, section 51.

(8) In this section—

Brisbane statistical division means the Brisbane statistical division defined in the 2001 edition of the Australian Standard Geographical Classification (Cat. No. 1216.0) published by the Australian Bureau of Statistics.

closed day means—

(a) Good Friday; or
(b) Easter Sunday; or
(c) 25 April (Anzac Day); or
(d) the Labour Day public holiday; or
(e) 25 December (Christmas Day).

existing Sunshine Coast area means the Sunshine Coast Area defined in the order.

permissible trading hours means the permissible trading hours mentioned in the order.

south-east Queensland area means—

(a) the existing Sunshine Coast area; and
(b) the area east of the Bruce Highway between the existing Sunshine Coast area and the Brisbane statistical division; and
(c) the area occupied by non-exempt shops fronting onto the western side of the Bruce Highway between the existing Sunshine Coast area and the Brisbane statistical division; and
(d) the Brisbane statistical division; and
(e) the local government area for the Gold Coast City Council that is not included in the Brisbane statistical division; and
(f) the islands in the coastal waters of the State east of the areas mentioned in paragraphs (a) to (e) that are not included in the Brisbane statistical division.

trading hours order means the order titled 'Trading Hours—Non-exempt Shops Trading by Retail—State' made by the industrial commission on 27 November 1992, as amended from time to time.



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