Regulation of Retail Trading - changes
1. Amended application form
Two recent decisions in the Administrative Decisions Tribunal (ADT) have clarified the operation of section 10 of the Retail Trading Act 2008 (the Act).
The ADT has held that before an exemption can be granted that a two-tiered test that must be satisfied before an exemption can be granted. It is first necessary to consider whether there are exceptional circumstances before considering whether granting of the exemption is in the public interest. Copies of the decisions are available here:
Ashcroft's Supa IGA Orange Pty Ltd v Director General, Department of Services, Technology and Administration & Anor (pdf - 85Kb)
Accordingly, it has been decided to amend Schedule 1 of the Retail Trading Regulation 2009 (the Regulation) to make the application form relevant to the requirements of section 10 as determined by the ADT. Specifically, a section has been added to seek information from applicants about the nature of the exceptional circumstances.
Revised Application Form (pdf 90Kb and word versions).
Retail Trading Amendment Regulation 2011 (pdf 256Kb)
2. Public comment period
Clause 4(1) of the Retail Trading Regulation 2009 has been amended to reduce the period for public comment on exemption applications from 21 days to 14 days.
Clause 4(1) of the Regulation now provides that an application under section 10 must be publicly exhibited for a period of at least 14 days. It is only after this period has elapsed that the Director-General can make a determination on the application.
Section 11 of the Act provides that an application under section 10 must be lodged not later than 28 days in advance of the restricted trading day.
This amendment will provide an extra seven days to facilitate processing of applications and notification of determinations.