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The trading hours of shops in Queensland are regulated by the Trading (Allowable Hours) Act 1990 and supported by the Trading (Allowable Hours) Regulation 2014.
There is currently a moratorium on the creation and amendment of trading hours within Queensland. However, shops operating within a specified area for an event which is declared to be a "special event" are, for the declared period, exempt shops and may trade for the entirety of the period.
The 2017 Trading Hours Order and the Repealed Car Yards Order are referred to for the purposes of area definitions only.
Applications for orders previously sought under repealed section 22 of the Trading (Allowable Hours) Act 1990 (the Act) are now classified as exempt shops and provided for in either section 5(1)(a) or 5(1)(c). Exempt shops have unrestricted trading hours – for more information about what an exempt shop is, see below.
The Act decides the trading hours of non-exempt shops and independent retail shops (See: section 6 and 17 of the Act regarding independent retail shops).
Section 5(1) of the Act states that an exempt shop is:
Examples—
The special event must be declared a special event before the exempt status will apply to the shops operating in the stated area.
The schedule lists the following as exempt shops:
1 antique shop
2 art gallery or arts and crafts shop
3 aquarium, aquarium accessories or pet shop
4 bait and tackle or marine shop
5 bookseller's or newsagent's shop
6 bread, cake or pastry shop
7 butcher's shop
8 camping equipment shop
9 chemist shop
10 confectionery shop or ice-cream parlour
11 cooked provisions shop (where the provisions are cooked or heated on the premises immediately before sale), milk bar, restaurant, cafe or refreshment shop
12 delicatessen
13 fish shop
14 flower shop
15 fruit and vegetable shop
16 funeral director's premises
17 hairdresser's, beautician's or barber's shop
18 licensed premises under the Liquor Act 1992 or the Wine Industry Act 1994
19 nursery (plant) shop for selling garden plants and shrubs, seeds, garden and landscaping supplies or equipment, and associated products
20 photographic shop
21 premises in relation to which a pawnbrokers licence under the Second-hand Dealers and Pawnbrokers Act 2003 is in force
22 service station
23 subject to section 5(4), shop of a class declared by regulation to be a class of exempt shop
24 shop for selling motor vehicle spare parts or motorcycle spare parts, or both
25 shop in an international airport terminal, cruise terminal, casino, or tourist resort on an off-shore island
26 soap shop
27 souvenir shop
28 special exhibition or display of goods
Examples—
29 sporting goods shop
30 tobacconist's shop
31 toy shop
32 veterinary supplies shop
Trading (Allowable Hours) Act 1990 - s5(2) - declaration for special event applications.
The following Trading Hours Orders were repealed under s 57 of the Trading (Allowable Hours) Act 1990 following the 31 August 2017 commencement of the Trading (Allowable Hours) Amendment Act 2017.
Officially published decisions since 2009 are available on the Supreme Court Library website.
Last updated 22 November 2018
