Shop Trading Reform (Simplification) 2003

Victorian Legislation and Parliamentary Documents i Shop Trading Reform (Simplification) Act 2003 Act No. 112/2003 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 1 3. Definitions 2 4. New section 4 substituted 2 4. Exempt shops 2 5. New Part 2A inserted 4 PART 2A—ENFORCEMENT 4 6A. Appointment of inspectors 4 6B. Inspector's identity card 4 6C. Production of identity card 4 6D. Inspector may seek Court order 5 6E. Entry of premises open to the public 7 6F. Protection against self-incrimination 7 6G. Confidentiality 7 6. Retail premises leases 8 7. Consequential amendments—prosecutions and restraining orders 8 8. Regulations prescribing shops to be exempt 9 9. Repeal of spent provisions 9 10. Consequential repeal of Schedule 1 9 ═══════════════ ENDNOTES 10 -- 1 of 11 -- Victorian Legislation and Parliamentary Documents 1 Shop Trading Reform (Simplification) Act 2003† [Assented to 9 December 2003] The Parliament of Victoria enacts as follows: 1. Purpose The main purpose of this Act is to amend the Shop Trading Reform Act 1996 to simplify the management and enforcement of shop trading in Victoria. 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. Victoria No. 112 of 2003 -- 2 of 11 -- Victorian Legislation and Parliamentary Documents Act No. 112/2003 Shop Trading Reform (Simplification) Act 2003 2 3. Definitions In section 3(1) of the Shop Trading Reform Act 1996— (a) for the definition of "exempt shop" substitute— ' "exempt shop" means a shop referred to in section 4;'; (b) for the definition of "shop" substitute— ' "shop" means the whole or any part of a building, structure or place or any vehicle— (a) that is used wholly or predominantly for the retail sale of goods; and (b) in or at which goods are sold or exposed or offered for sale by retail on one or more occasions;'; (c) insert the following definitions— ' "inspector" means an inspector appointed under section 6A; "Secretary" means the Secretary to the Department of Innovation, Industry and Regional Development;'. 4. New section 4 substituted For section 4 of the Shop Trading Reform Act 1996 substitute— "4. Exempt shops (1) A shop is an exempt shop if the predominant business carried on in the shop is that of— (a) a chemist shop; or (b) a petrol shop; or s. 3 See: Act No. 38/1996. Reprint No. 2 as at 1 May 2003. LawToday: www.dms. dpc.vic. gov.au -- 3 of 11 -- Victorian Legislation and Parliamentary Documents Act No. 112/2003 Shop Trading Reform (Simplification) Act 2003 3 (c) an eating-house, restaurant, cafe or any other shop that sells cooked or prepared meals that are ready to eat on the premises or to be consumed off the premises; or (d) a prescribed kind. (2) A shop is also an exempt shop at a particular time if— (a) the number of persons employed and working in a business carried on in the shop at that time does not exceed 20; and (b) at any time within the period of 7 days before that time, the number of persons employed by the occupier of the shop and working in any business carried on in shops of any kind in Victoria does not exceed 100. (3) The number of persons employed for the purposes of sub-section (2)(b)— (a) if the occupier of the shop is a body corporate, is to include the persons— (i) employed in shops of any kind in Victoria by a body corporate that is, by reason of the Corporations Act, related to that body corporate; and (ii) working in any business carried on in those shops; (b) is to be calculated by dividing the total number of the hours worked by all persons employed and working in the business carried on in those shops during the relevant period by 38.". s. 4 -- 4 of 11 -- Victorian Legislation and Parliamentary Documents Act No. 112/2003 Shop Trading Reform (Simplification) Act 2003 4 5. New Part 2A inserted After Part 2 of the Shop Trading Reform Act 1996 insert— "PART 2A—ENFORCEMENT 6A. Appointment of inspectors The Secretary may, by instrument, appoint as inspectors any employees employed under Part 3 of the Public Sector Management and Employment Act 1998. 6B. Inspector's identity card (1) The Secretary must issue an identity card to each inspector. (2) An identity card must contain— (a) a photograph and the name or identifying number of the inspector to whom it is issued; and (b) the name of the agency established under the Public Sector Management and Employment Act 1998 in which the inspector is employed. 6C. Production of identity card An inspector must produce his or her identity card for inspection— (a) before exercising a power under a Court order made under section 6D other than a requirement made by post; and (b) at any time during the exercise of a power under a Court order made under section 6D, if asked to do so. Penalty: 10 penalty units. s. 5 -- 5 of 11 -- Victorian Legislation and Parliamentary Documents Act No. 112/2003 Shop Trading Reform (Simplification) Act 2003 5 6D. Inspector may seek Court order (1) If an inspector believes, on reasonable grounds, that a person or persons may have contravened this Act, the inspector, with the written approval of the Secretary, may apply to the Magistrates' Court for an order requiring any person at a time and place specified by an inspector— (a) to answer orally or in writing any questions put by an inspector in relation to the alleged contravention; (b) to supply orally or in writing information required by an inspector in relation to the alleged contravention; (c) to produce to an inspector specified documents or documents of a specified class relating to the alleged contravention. (2) If the Magistrates' Court is satisfied on the basis of evidence presented by the inspector that there are reasonable grounds to believe that a person or persons may have contravened this Act, the Court may grant the order sought. (3) An order under this section must state a day, not later than 28 days after the making of the order, on which the order ceases to have effect. (4) If any documents are produced to an inspector under an order made under this section the inspector may— (a) inspect the documents or authorise a person to inspect the documents; (b) make copies of or take extracts from the documents; s. 5 -- 6 of 11 -- Victorian Legislation and Parliamentary Documents Act No. 112/2003 Shop Trading Reform (Simplification) Act 2003 6 (c) seize the documents if the inspector considers the documents necessary for the purpose of obtaining evidence for the purpose of any proceedings against any person under this Act; (d) secure any seized documents against interference; (e) retain possession of the documents in accordance with this Part. (5) An inspector who executes an order under this section must as soon as practicable after that execution notify the Magistrates' Court in writing of— (a) the time and place of execution; and (b) the documents or classes of documents seized; and (c) if documents were seized under sub- section (4)(c) in respect of a contravention other than a contravention for which the order was granted, the contravention in respect of which the documents were seized. (6) The Magistrates' Court may direct the inspector to bring before the Court a document to which sub-section (5)(c) applies so that the matter may be dealt with according to law. (7) The Magistrates' Court may direct that a document brought before it under sub- section (6) be returned to its owner, subject to any condition the Court thinks fit, if in the opinion of the Court it can be returned consistently with the interests of justice. s. 5 -- 7 of 11 -- Victorian Legislation and Parliamentary Documents Act No. 112/2003 Shop Trading Reform (Simplification) Act 2003 7 6E. Entry of premises open to the public An inspector may do either or both of the following— (a) enter and inspect any part of premises which are, at the time of the entry and inspection, open to the public; (b) purchase goods at the premises at such a time and at such a price at which they are available to the public to purchase. 6F. Protection against self-incrimination (1) It is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do by or under this Part, if the giving of the information or the doing of that other thing would tend to incriminate the person. (2) Despite sub-section (1), it is not a reasonable excuse for a natural person to refuse or fail to produce a document that the person is required to produce by or under this Part, if the production of the document would tend to incriminate the person. 6G. Confidentiality (1) An inspector must not, except to the extent necessary to carry out the inspector's functions under this Part, give to any other person, whether directly or indirectly, any information acquired by the inspector in carrying out those functions. Penalty: 60 penalty units. (2) Sub-section (1) does not apply to the giving of information— (a) to a court or tribunal in the course of legal proceedings; or s. 5 -- 8 of 11 -- Victorian Legislation and Parliamentary Documents Act No. 112/2003 Shop Trading Reform (Simplification) Act 2003 8 (b) pursuant to an order of a court or tribunal; or (c) to the extent reasonably required to enable the investigation or the enforcement of a law of this State or of any other State or Territory or of the Commonwealth; or (d) with the written authority of the Secretary; or (e) with the written authority of the person to whom the information relates.". 6. Retail premises leases In section 7(1) and (2) of the Shop Trading Reform Act 1996— (a) for "a shop" substitute "retail premises within the meaning of the Retail Leases Act 2003"; (b) for "the shop to" substitute "the premises to"; (c) for "the shop is" substitute "the premises are". 7. Consequential amendments—prosecutions and restraining orders (1) In section 8(1)(e) of the Shop Trading Reform Act 1996— (a) sub-paragraph (iii) is repealed; (b) in sub-paragraph (v), omit "or services". (2) For section 9(2)(a)(i) of the Shop Trading Reform Act 1996 substitute— "(i) the Secretary; or". s. 6 -- 9 of 11 -- Victorian Legislation and Parliamentary Documents Act No. 112/2003 Shop Trading Reform (Simplification) Act 2003 9 8. Regulations prescribing shops to be exempt After section 11(2) of the Shop Trading Reform Act 1996 insert— "(3) The Minister may only recommend the making of regulations prescribing a kind of business for the purposes of section 4(1)(d) if the business is one of selling goods that, in the opinion of the Minister, are essential goods.". 9. Repeal of spent provisions Sections 12, 13 and 14 of the Shop Trading Reform Act 1996 are repealed. 10. Consequential repeal of Schedule 1 Schedule 1 to the Shop Trading Reform Act 1996 is repealed. ═══════════════ s. 8 -- 10 of 11 -- Victorian Legislation and Parliamentary Documents Act No. 112/2003 Shop Trading Reform (Simplification) Act 2003 10 ENDNOTES † Minister's second reading speech— Legislative Assembly: 6 November 2003 Legislative Council: 26 November 2003 The long title for the Bill for this Act was "to amend the Shop Trading Reform Act 1996 to simplify the management and enforcement of shop trading in Victoria and for other purposes." Endnotes -- 11 of 11 --