Trading hours

Exempt Shops

Exempt shops are generally small or specialised retail businesses.  Most independent retail shops fall into this category, although limits may apply to staffing levels.  Examples include service stations, butchers, chemists, florists, fruit and vegetable shops and shops at the international airport terminal.  A full list of exempt shop types is set out in Schedule 1AA of the Act.

Furthermore, shops that are operating within a specified area for an event which has been declared by the Commission to be a "special event" may be, for the declared period, exempt shops and may trade at different times during the declared period.

Non-exempt shops

Non-exempt shops are generally larger retailers such as supermarkets and department stores (e.g. Coles, Woolworths, David Jones).

These shops must comply with prescribed trading hours, which vary depending on location and trading area classification.  Trading hours may also be restricted by other legislation.  For example, licensed premises must comply with the Liquor Act 1992 and the Wine Industry Act 1994.

Special trading hours also apply to both exempt and non-exempt shops in relation to public holidays, or "closed" days, such as Good Friday, Anzac Day, Labour Day and Christmas Day.

Trading areas are classified into Types 1, 2, 3 and 4 under the Act.  The classification determines the core trading hours for non-exempt shops.

For example, in Type 1 areas (such as the area of New Farm of Inner City of Brisbane and the Gold Coast Coastal Tourist Area), non-exempt shops may generally trade within the following hours:

• Monday to Friday - 6.00 am to 10.00 pm 
• Saturday - 7.00 am to 10.00 pm
• Sunday and public holidays - 7.00 am to 9.00 pm 
  (except for restricted trading days such as Good Friday, Anzac Day, Labour Day and Christmas).

Hardware shops and shops selling motor vehicles and/or caravans have different allowable hours again, depending on their location.  See sections 16D, 16E and 16EA of the Act for more information on the core trading hours in certain areas.

The definitions of certain trading areas have been extracted from the Trading (Allowable Hours) Act 1990, the 2017 Trading Hours Order [Repealed] and the Trading Hours - Non-exempt Shops Selling Motor Vehicles - State ("Car Yards Order") and is provided in this document for information purposes only - Definitions of Trading Areas.

The Commission may make trading area orders to: 

• classify an area as a Type 1, 2, 3 or 4 trading area;
• change the boundaries of an existing trading area; or 
• assign a classification to a new trading area. 

Section 21 of the Act is generally used to set trading areas and hours. However, in urgent cases, such as a major weather event, it may also be used to temporarily allow extended trading hours. 

When making a trading area order, the Commission must consider: 

• the location and boundaries of the area; 
• industry needs within the area, including tourism; 
• the impact on core trading hours of non-exempt shops; 
• population needs and growth; 
• effects on employment; 
• the interests of businesses and consumers; 
• the public interest; 
• the views of the local government (if a party to the application); and 
• any other relevant matters.

A special event declaration allows extended trading hours for a specified area and period.  

Applications for a special event declaration are made in accordance with s 31A of the Act.  When deciding whether to make a declaration, the Commission considers factors such as:

• whether the event is unique or infrequent and of local, state or national significance;
• any cultural, religious or sporting importance (e.g. Commonwealth Games);
• its significance to the economy and tourism;
• the need for non-exempt shops, or classes of shops, to trade beyond core trading hours;
• the size and location of the event (including whether it is held across multiple sites);
• expected attendance and media coverage;
• the event's contribution to Queensland's reputation; and
• any submissions from local government or industrial organisations regarding potential impacts, including on employees.

If the Commission decides to make a declaration, it is published on the website and specifies:

• the event details;
• the period of the declaration;
• the applicable area; and
• that employees must be free to choose whether to work.

Recently declared special events are as follows:

• Mount Isa Show - 19 to 21 June 2026
• Mount Isa Mines Rodeo - 8 to 10 August 2025
• Mount Isa Show - 20 to 22 June 2025
• Weipa Fishing Classic - 6 to 8 June 2025

• Mount Isa Mines Rodeo - 8 to 11 August 2024
• Mount Isa Show - 21 to 23 June 2024
• Mount Isa Mines Rodeo - 10 to 13 August 2023
• Mount Isa Show - 23 to 25 June 2023
• Chinchilla MelonFest 2023 - 16 to 19 February 2023
• Kingaroy BaconFest - 19 to 21 August 2022
• Mount Isa Mines Rodeo - 11 to 14 August 2022
• Charters Towers Show - 24 to 26 July 2022
• Burdekin Show - 22 June 2022
• Mount Isa Show - 17 to 19 June 2022
• Weipa Fishing Classic - 10 to 12 June 2022
• Weipa Fishing Classic - 3 to 5 September 2021
• Mt. Isa Mines Rodeo - 12 to 15 August 2021
• Charters Towers Show - 25 to 27 July 2021
• Burdekin Show - 23 June 2021
• Bowen Show - 22 June 2021
• Proserpine Show - 18 to 19 June 2021
• Mt. Isa Show - 18 to 20 June 2021
• Chinchilla Show - 21 to 22 May 2021
• RockyNats - 3 to 5 April 2021
• BrisAsia Festival - 1 to 28 February 2021
• Australian Football League Grand final - 24 to 25 October 2020
• Toowoomba Carnival of Flowers - 18 to 27 September 2020
• Brisbane Festival - 4 to 26 September 2020
• Townsville 400 - 29 to 30 August 2020
• Toowoomba Royal Show - 26 to 28 March 2020
• Gold Coast 600 Motor Race - 25 to 27 October 2019
• Brisbane Festival - 5 to 29 September 2019
• Mount Isa Rotary Rodeo – 5 August 2019
• Ayr / Burdekin Annual Show - 26 June 2019
• Chinchilla Melon Festival - 1 February 2019
• Christmas trading at Westfield Chermside & Westfield Garden City - 20 and 21 December 2018 
• Mount Isa Rotary Rodeo - 17 July 2018
• Commonwealth Games - 13 December 2017

The Commission can hear applications to enforce compliance with trading hours.  Applications may be made by an industrial inspector, an industrial organisation, another organisation, or a local government.

The Commission may issue orders, including injunctions, to enforce compliance or prevent breaches of trading hours.  

If the Industrial Registrar considers a trading area order no longer applicable or relevant, they may declare it obsolete.

Repealed 2017 Trading Hours Order and the repealed "Car Yards" Order

The 2017 Trading Hours Order [Repealed] and the order titled Trading Hours - Non-exempt Shops Selling Motor Vehicles - State ("Car Yards Order") [Repealed] were repealed as a result of the Trading (Allowable Hours) Amendment Act 2017.  However, these orders require special mention as they are still relevant in terms of defining certain prescribed areas referenced in the Trading (Allowable Hours) Act 1990.

Repealed orders

The following Trading Hours Orders were repealed following the 31 August 2017 commencement of the Trading (Allowable Hours) Amendment Act 2017.

• Trading Hours - Non-Exempt Shops Trading By Retail - State (Operative 01/08/17)
  • Trading Hours - Non-Exempt Shops Trading By Retail - State (Operative 12/07/17)
  • Trading Hours - Non-Exempt Shops Trading By Retail - State (Operative 01/01/17)
  • Trading Hours - Non-Exempt Shops Trading By Retail - State (Operative 01/12/16)
• Trading Hours - Non-Exempt Shops Selling Motor Vehicles - State
• Trading Hours - Non-Exempt Shops Selling Caravans - State
• Trading Hours - Agricultural Produce, Fruit and Grain Stores
• Trading Hours - Machinery Warehouses, Wholesale Warehouses and Food and Drug Stores
• Brisbane Market Order
• Trading Hours - Special Displays of New Season Model Motor Vehicles

Please note, published decisions are available on the Supreme Court Library Queensland website.