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RETAIL TRADING HOURS ACT 1987 - SECT 14C

14C .         Certifying filling stations as small filling stations

        (1)         A person who desires to operate a small filling station at any place is to apply to the chief executive officer for a certificate in relation to that place in accordance with the regulations.

        (2)         If the chief executive officer is satisfied in relation to an application under subsection (1) that there is no reason for the refusal of the application, the chief executive officer is to issue a certificate in terms of the application.

        (3)         A person who is aggrieved by a decision of the chief executive officer refusing the issue of a certificate under subsection (2) may appeal to the Minister, whose decision is final.

        (4)         The chief executive officer may cancel a certificate certifying a filling station to be a small filling station if the chief executive officer is satisfied —

            (a)         that any thing other than —

                  (i)         fuel or an accessory (as defined in section 14A(2)); or

                  (ii)         goods prescribed for the purposes of section 14A(1)(b), (c) or (in the case of a prescribed small filling station) (d),

                are sold at the filling station outside the trading hours referred to in section 12(1) if the filling station is not in the metropolitan area or section 12(3) if the filling station is in the metropolitan area; or

            (b)         that the filling station is not owned or operated in accordance with section 14B(1) and (4); or

            (c)         that notification has not been given as required by section 14B(3).

        (5)         The cancellation of a certificate under this section does not prevent a person from being prosecuted for an offence against this Act.

        [Section 14C inserted by No. 47 of 2006 s. 11; amended by No. 38 of 2010 s. 7.]



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