Anzac Day trading

The Shop Trading Hours Act 1984 regulates the trading hours of certain retail shops, and covers related matters.

This Act does not cover the trading hours of:

  • service stations
  • real estate or auction houses
  • the sale of motor vehicles
  • car yards or dealers advertising or exposing motor vehicles for sale
  • the sale of replacement parts necessary for essential repairs to motor vehicles
  • pubs, night clubs and hotels where alcohol is the main good sold
  • restaurants and cafes whose ‘principal business’ is providing meals or cooked food

Factors like profits, resources and assets may need to be considered when determining a ‘principal business’.

Under the Shop Trading Hours Act 1984, it is an offence to open a shop before 12.30pm on Anzac Day.

If a non-exempt shop is open before 12.30pm, the occupier may be fined under section 5(4) of the Act.

A non-exempt shop will be considered open if it:

  • is unlocked or open for public admission or
  • sells goods, seeks orders from or delivers goods to customers.

The Anzac Day trading restrictions do not apply to the following shops:

  • pharmacies
  • newsagencies (under a Ministerial order)
  • shops that are not part of a shopping centre, plaza or mall and where the number of employees that worked in the shop on any day in the preceding March did not exceed 10 and
  • shops or classes of shops that the Minister declares, by order, may be kept open.

It is an offence to require an employee to work on Anzac Day (or any other public holiday) without the employee’s written agreement. If you do not comply with this, you may be fined under section 8(2) of the Act.

If your shop is not exempt from the Anzac Day trading restrictions, you may apply to the Minister for an exemption.

In considering your application, the Minister will consider:

  • the needs of the relevant community and the effect on that community if your shop is not able to open; and
  • the policy that the exemption should not significantly undermine the controls on shop trading hours set out in the Act.

Please include with your application any correspondence between you and your local RSL Branch (or state branch if you have no local branch). This will help inform the Minister if the requested exemption period conflicts with parades or other Anzac Day services set for the district/region that are dedicated to the remembrance of war veterans.

Successful applications for exemptions will apply until and including Anzac Day 2018.

Applications have now closed.

Application forms will be available again in March 2018.