South Australian Consolidated Acts South Australian Consolidated Acts (1) The Minister may
grant or declare exemptions from the operation of this Act, or specified
provisions of this Act.
(2) The Minister may
grant or declare an exemption on application to the Minister in a manner and
form determined by the Minister, or on the Minister's own initiative.
(3) An exemption under
this section—
(a) may
relate to—
(i)
a specified shop or class of shops; or
(ii)
shops generally; and
(b) may
apply—
(i)
generally throughout the State (to the extent that this
Act applies across the State); or
(ii)
in specified shopping districts; or
(iii)
in a specified part of a shopping district; or
(iv)
in other parts of the State; and
(c) may
apply with respect to—
(i)
specified hours; or
(ii)
a specified day or days; or
(iii)
trading days generally.
(a) that
relates to—
(i)
a specified class of shops; or
(ii)
shops generally; or
(i)
generally throughout the State (to the extent that this
Act applies across the State); or
(ii)
to shops (or a specified class of shops) in a specified
shopping district or part of a specified shopping district,
cannot operate in respect of a period greater than 30 days.
(8) In deciding
whether to grant or declare an exemption, the Minister may have regard to such
matters as the Minister considers relevant and is to have regard to the
following:
(a) in
the case of an application made to the Minister under this section—
(i)
the extent to which there has been consultation within
the community, or the relevant part of the community, on the proposed
application, and the outcome of that consultation;
(ii)
whether the application is being made to enable a shop or
shops to be open at an exhibition or show, to facilitate or support a local or
special event, or to conduct a special trade event (on the basis that an
exemption is more likely to be appropriate in such a case);
(iii)
insofar as may be relevant, the extent to which the
application, if granted, would meet the requirements of tourists and other
visitors to the area where the relevant shop, or shops, are located;
(iv)
insofar as may be relevant, the amount and extent of
notice that would be given to the community if the application were to be
granted;
(b) in
any case—except where an exemption is being granted in the circumstances
described in subsection (5)(a), the policy that exemptions under this
section should not be so extensive as to undermine, to any significant degree,
the controls on shop trading hours set out in this Act.
(9) An exemption may
be granted or declared—
(a) by
notice in writing given to the shopkeeper, or each of the shopkeepers, to whom
the exemption relates; or
(b) by
notice in the Gazette.
(10) An exemption may
be granted or declared by the Minister subject to such restrictions or
conditions as the Minister thinks fit.
(11) Without limiting
subsection (10), an exemption may be granted or declared subject to a
restriction or condition specifying the hours during which, or the day or days
on which, the shop or shops to which it relates must be closed.
(12) The Minister may,
at any time, by further notice given in the same manner as notice of the
exemption was given—
(a) vary
or revoke an exemption; or
(b) vary
or revoke a restriction or condition to which an exemption is subject.
(13) A shopkeeper who
contravenes or fails to comply with a restriction or condition to which an
exemption is subject is guilty of an offence.
Maximum penalty: $100 000.
(14) Unless specific
provision is made in a notice under section 5A, an exemption under this
section cannot operate in a manner contrary to a notice of the Minister under
that section.
(15) An exemption
under this section cannot operate with respect to section 13A.
(16) Subject to this
section, an exemption will have effect according to its terms and despite the
other provisions of this Act.