If you wish to open your business on a restricted trading day, you'll need to apply for an exemption from NSW Fair Trading, unless you're:
- a small shop
- listed as exempt under the Retail Trading Act 2008, or
- exempted under a former act due to your location, or the granting of an exemption.
Restricted trading days are:
- Good Friday
- Easter Sunday
- ANZAC Day (prior to 1 pm)
- Christmas Day.
A conditional exemption applies to Boxing Day, and that is that your staff must freely elect to work.
When applying to Fair Trading, you'll need to be able to provide 'exceptional circumstances', not just 'special circumstances', as to why you wish to operate your business on the restricted trading day.
Unless you're exempt under the Retail Trading Act 2008, or were granted previous exemption under the Shops and Industries Act 1962 , now repealed, you'll need to apply for exemption from Fair Trading to operate your business on a restricted trading day.
What you need
- business name, address and ABN
- contact person's details
- nature of the business
- kind of goods sold
- reason for opening on a restricted trading day
- effect on local businesses, economy, tourism, employees
- proposed trading hours
- period of exemption (maximum 3 years)
- the PDF form – 'Retail trading on restricted trading days application'.
How to apply
- You must apply for exemption at least 28 days before the restricted trading day.
- You must be the occupier of the shop.
- You can apply for exemption for more than one shop, but they must all be currently operating.
- All applications are displayed on the Fair Trading website for 14 days, and public comment is invited.
- Once a decision has been reached, an order granting the exemption will be published on the Fair Trading website.
- Unless defined under the Act as a small shop, the Retail Trading Act 2008 clearly identifies that employees must voluntarily offer to work in a shop exempted to trade on a restricted day, and failure to comply with that provision will incur substantial fines.
- The Retail Trading Act 2008 does not apply to premises operating under a hotel or small bar licence.