Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act
unless the context otherwise requires —
agreement includes any agreement containing
provisions, whether express or implied, under or by virtue of
which —
(a) a
person authorises, permits or requires a person operating a retail shop to
use, in connection with the retail sale of goods or services at the retail
shop, a mark identifying, commonly associated with or controlled by that
first-mentioned person; or
(b) a
person grants a right to, or otherwise authorises or permits, a person
operating a retail shop to possess, occupy or use the retail shop in
connection with the sale of any goods or the provision of any services; or
(c) a
person is entitled or required to supply goods or provide services to the
person operating a retail shop for retail sale by the person operating the
retail shop; or
(d) a
person operating a retail shop agrees with another person to acquire goods or
services from another person (whether a party to the agreement or not) for
retail sale by the person operating the retail shop;
authorised person means a person authorised in
writing by the chief executive officer;
chief executive officer means the chief executive
officer of the department principally assisting the Minister in the
administration of this Act;
Committee means the Retail Shops Advisory
Committee established under section 17;
filling station means a retail shop referred to in
section 10(5);
fuel means fuel for operating a motor vehicle;
inspector means a person designated as an
inspector under section 7;
member means a member of the Committee;
motor vehicle has the meaning given to that term
in the Road Traffic Act 1974 section 5(1);
motor vehicle shop means a general retail shop or
portion of a general retail shop, as the case may be —
(a) in,
on or from which motor vehicles are sold by way of retail sale; or
(b) in,
on or from which spare parts for motor vehicles are sold by way of retail sale
in conjunction with the sale of motor vehicles;
operate means, in relation to a retail shop,
conducting or carrying on the business of a retail shop and includes causing,
employing or engaging another person to carry on or conduct that business;
place includes a building, stall, tent, vehicle,
boat or vessel;
prescribed services means any one or more of the
following services —
(a)
hairdressing;
(b)
pawnbroking or dealing in second - hand goods under the
Pawnbrokers and Second-hand Dealers Act 1994 ;
(c)
broking marine craft or motor vehicles;
(d) such
other services as may be prescribed;
retail sale means a sale of goods or services that
is not for the purposes of their re-sale;
retail shop means any place at, in, on or from
which —
(a)
goods are sold by way of retail sale; or
(b)
goods are displayed, kept or sold for retail sale; or
(c)
prescribed services are provided by way of retail sale;
sell includes barter, supply for profit, offer for
sale, expose for sale, send forward or deliver for sale, cause or suffer or
permit to be sold and disposal or offer for disposal of goods under credit
sale agreement or hire purchase agreement.
(1a) A place that is
otherwise a retail shop does not cease to be a retail shop by reason only that
meals or refreshments or both are also sold at that place.
(2) For the purposes
of this Act a place at which —
(a)
orders are received or obtained for the retail sale of goods or services; or
(b)
goods are held or stored for the purposes of retail sale,
is a retail shop
notwithstanding that the goods or services are supplied, or, the orders are
received or obtained, at another place.
(3) Notwithstanding
anything in this Act, a place at which meals or refreshments are sold or
served only to persons who are employed or engaged at that place is not a
retail shop for the purposes of this Act.
(4) For the purposes
of this Act the metropolitan area means the part of the State within the area
described in the regulations.
[Section 3 amended by No. 1 of 1991
s. 4 and 14; No. 88 of 1994 s. 100; No. 47 of 2006
s. 4.]