Trading hours

Trading hours application for a declaration of a special event for the Mount Isa Mines Rodeo from 12 to 15 August 2021 has been made by the National Retail Association, Union of Employers (TH/2021/9) Affidavit, Directions Order, Decision

Trading hours application for a declaration of a special event for the Charters Towers Show from 25 to 27 July 2021 has been made by the National Retail Association, Union of Employers (TH/2021/8) Affidavit, Directions Order, Decision

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.

Trading Hours

2017 Trading Hours Order

The 2017 Trading Hours Order and the Repealed Car Yards Order are referred to for the purposes of area definitions only.

Applications for orders previously sought under repealed section 22 of the Trading (Allowable Hours) Act 1990 (the Act) are now classified as exempt shops and provided for in either section 5(1)(a) or 5(1)(c).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).

What is an exempt shop?

Section 5(1) of the Act states that an exempt shop is:

a shop of a description mentioned in Schedule 1AA used predominantly for selling goods by retail, or for supplying services, a reasonable person would expect to be sold or supplied in that shop;
An independent retail shop; or
A shop operating in a stated area for an event—
that is a unique or infrequent event of local, State or national significance; and

Examples—

the 2018 Commonwealth Games
the Weipa Fishing Classic event
declared by the industrial commission to be a special event for this paragraph.

The special event must be declared a special event before the exempt status will apply to the shops operating in the stated area.

Schedule 1AA

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—

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