S. 3(1) def. of ordinary shop closing times amended by Nos 1/2003 s. 5, 96/2003 s. 18, 3/2011 s. 3(a). ordinary shop closing times means— (a) all times on Good Friday and Christmas Day; (b) between the hours of 12:01 am and 1:00 pm on ANZAC Day; S. 3(1) def. of Secretary inserted by No. 112/2003 s. 3(c), amended by Nos 3/2011 s. 3(b), 70/2013 s. 4(Sch. 2 item 46). Secretary means the Secretary to the Department of State Development, Business and Innovation; S. 3(1) def. of shop substituted by No. 112/2003 s. 3(b), amended by No. 2/2008 s. 27(1). 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. S. 3(1) def. of special local shop closing times repealed by No. 2/2008 s. 27(2). * * * * * S. 3(2) repealed by No. 2/2008 s. 27(3). * * * * * S. 4 amended by Nos 44/2001 s. 3 (Sch. item 102), 5/2003 s. 3(1)(2), substituted by No. 112/2003 s. 4. 4 Exempt shops s. 4 (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. 8 (iv) goods that had previously been sold or ordered were delivered or were available for delivery at the shop to the person who bought or ordered them or to some other person on behalf of that person; or S. 8(1)(e)(v) amended by No. 112/2003 s. 7(1)(b). (v) orders for goods were received by a person in attendance at the shop. S. 8(2) repealed by No. 13/2013 s. 37. * * * * * (3) If in a proceeding for an offence against this Act it is necessary to establish the intention of a body corporate, it is sufficient to show that an officer of the body corporate had that intention. S. 8A inserted by No. 13/2013 s. 38. 8A Criminal liability of officers of bodies liability s. 8A (1) If a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision if the officer— (a) authorised or permitted the commission of the offence by the body corporate; or (b) was knowingly concerned in any way (whether by act or omission) in the commission of the offence by the body corporate.
9 Restraining orders S. 9(1) amended by No. 2/2008 s. 29(a). (1) The County Court may grant an order restraining a person from engaging in conduct that constitutes or would constitute an offence against this Act if the Court is satisfied that the person has wilfully and repeatedly engaged in conduct of that kind. (2) An order may only be granted under subsection (1) on the application of— (a) in the case of conduct that constitutes or would constitute an offence against this Act— S. 9(2)(a)(i) substituted by No. 112/2003 s. 7(2). (i) the Secretary; or S. 9(2)(a)(ii) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 182.3). (ii) an employee within the meaning of the Public Administration Act 2004 who is authorised in writing by the Minister to apply, either generally or in relation to the particular case; or S. 9(2)(b) repealed by No. 2/2008 s. 29(b). * * * * * S. 9(2)(c) amended by No. 2/2008 s. 29(c). (c) in any case, a person aggrieved by the conduct that constitutes or would constitute an offence against this Act. (3) The County Court may rescind or vary an order granted under subsection (1). S. 9(4) amended by No. 2/2008 s. 29(d). (4) The County Court may exercise its powers under this section in relation to a person whether or not proceedings have been brought against the person for an offence against this Act. 10 Supreme Court—limitation of jurisdiction s. 10
It is the intention of section 7(3) to alter or vary section 85 of the Constitution Act 1975. 11 Regulations S. 11(1) substituted by No. 2/2008 s. 30(1). (1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) Regulations made under this Act— (a) may be made so as to require a matter affected by the regulations to be approved by or to the satisfaction of a specified person or a specified class of persons; S. 11(2)(b) substituted by No. 23/2002 s. 202, repealed by No. 2/2008 s. 30(2). * * * * * (c) may be made so as to confer a discretionary authority or impose a duty on a specified person or a specified class of persons. S. 11(3) inserted by No. 112/2003 s. 8. (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. S. 12 repealed by No. 112/2003 s. 9, new s. 12 inserted by No. 13/2013 s. 40. 12 Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013 s. 12 (1) For the avoidance of doubt, section 8A applies with respect to an offence against a provision specified in subsection (2) of that section that is alleged to have been committed by a body corporate on or after the commencement of section 38 of the Statute Law Amendment (Directors' Liability) Act 2013.
Assent Date: 15.4.03 Commencement Date: S. 122 on 1.5.03: s. 2(5) : This information relates only to the provision/s amending the Shop Trading Reform Act 1996 Shop Trading Reform (Essential Goods Amendment) Act 2003, No. 5/2003 Assent Date: 15.4.03 Commencement Date: S. 3 on 15.4.03: s. 2 : This information relates only to the provision/s amending the Shop Trading Reform Act 1996 ANZAC Day (Amendment) Act 2003, No. 96/2003 Endnotes Assent Date: 2.12.03 Commencement Date: S. 18 on 3.12.03: s. 2 : This information relates only to the provision/s amending the Shop Trading Reform Act 1996 Shop Trading Reform (Simplification) Act 2003, No. 112/2003 Assent Date: 9.12.03 Commencement Date: 10.12.03: s. 2 : All of Act in operation Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 182) on 5.4.05: Government Gazette 31.3.05 p. 602 : This information relates only to the provision/s amending the Shop Trading Reform Act 1996 Fair Trading and Consumer Acts Further Amendment Act 2008, No. 2/2008 Assent Date: 11.2.08 Commencement Date: Ss 27–31 on 12.2.08: s. 2(1) : This information relates only to the provision/s amending the Shop Trading Reform Act 1996 Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009 Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 113) on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Shop Trading Reform Act 1996 Shop Trading Reform Amendment (Easter Sunday) Act 2011, No. 3/2011 Assent Date: 29.3.11 Commencement Date: Ss 3, 4 on 30.3.11: s. 2 : This information relates only to the provision/s amending the Shop Trading Reform Act 1996 Statute Law Revision Act 2012, No. 43/2012