Trading Hours

Trading hours restrictions in the Australian Capital Territory are deregulated except for public holidays.

Trading hour legislation

• Trading Hours Act 1962 >

Public holidays

• See all ACT Public Holidays >

If you need further assistance in understanding the classification of your business, and the impact this classification has on trading hours, please contact the NRA for clarification.

Trading hours restrictions in NSW vary depending on the type of shop and the location of the shop.

Follow these steps to work out what kind of shop you have, and when you can trade:

1. Check the list of exempt shops to see if your shop is included in that list.
2. If you are not included in the list of exempt shops, check the criteria for independent retail shops.
3. If your shop doesn’t fit into either of those categories you are a non-exempt shop.

If you need further assistance in understanding the classification of your business, and the impact this classification has on trading hours, please contact the NRA for clarification.

Trading hour legislation

NSW Retail Trading Act 2008 No. 49 >

Tips on understanding NSW trading hour legislation >

Public holidays

See all NSW Public Holidays >

Fair Trading NSW – Trading on Public Holidays >

NSW classifications

Exempt stores

(ie shops exempted from trading hours regulation)

The list of exempt shops includes:

• Bazaars, fairs or markets if the bazaars, fairs or markets are conducted for charitable or public fundraising purpose;
• Book shops
• Cake and pastry shops;
• Chemist shops;
• Cooked provision shops;
• Florist shops;
• Fruit and vegetable shops;
• Newsagencies;
• Nurseries;
• Pet shops;
• Recorded music, video or dvd shops;
• Restaurants, cafes or kiosks;
• Seafood shops;
• Shops ancillary to venues for playing sport or physical recreation;
• Take-away food and drink shops;
• Tobacconists shops;
• Vehicle shops, vehicle service centres or petrol stationers

TRADING HOURS: Unrestricted, but on a restricted trading day (ie Good Friday, Easter Sunday, prior to 1pm on ANZAC Day, Christmas Day, Boxing Day) an exempted shop may only be staffed by persons who have freely elected to work on that day.

Retailers operating in local authority areas which were exempted from public holiday restrictions under the former Section 89B of the Shops and Industries Act 1962 are also exempted from the Retail Trading Act 2008 and therefore do not need to apply for a separate exemption.

Independent ‘small’ retail shops

(ie small shops with partial or total exemptions from trading hours regulation)

A small shop is defined as a shop where:

• the number of people that own the shop does not exceed 2, or one corporation, and the owner or owners of the shop take profits from the business; and
• the total number of employees engaged must not exceed a total of 4 regular employees, whether working at the same time or different times.

The number of persons engaged in a small shop does not include:

• The occupier or occupiers. If the occupier is a corporation, then 2 natural persons who are shareholders of the corporations; or
• Any person engaged in an emergency during the absence from the shop for part of a day of a person who is engaged in the shop on that day; or
• Any person engaged outside the normal working hours of any person engaged on a full-time basis.

If the owner or a shop is a corporation, or a Director of a corporation and is engaged in another business, then it fails to comply with the definition of a small shop.

TRADING HOURS: A small shop is exempted from any restrictions on trading hours.

Non-exempt stores

(ie large retail shops subject to trading hours restrictions)

Non-exempt shops are not defined but the category includes large retailers operating supermarkets and department stores.

New South Wales non-exempt stores only have restrictions on Christmas Day, Good Friday, Easter Sunday and Anzac Day.

Trading hours restrictions in the Northern Territory are deregulated except for public holidays.

Public holidays

• See all NT Public Holidays >

Trading hours restrictions in Queensland vary depending on the type of shop and the location of the shop.

Follow these steps to work out what kind of shop you have, and when you can trade:

1. Check the list of exempt shops to see if your shop is included in that list.
2. If you are not included in the list of exempt shops, check the criteria for independent retail shops.
3. If your shop doesn’t fit into either of those categories you are a non-exempt shop.

If you need further assistance in understanding the classification of your business, and the impact this classification has on trading hours, please contact the NRA for clarification.

Trading hour legislation

QLD Trading (Allowable Hours) Act 1990 >

Trading (Allowable Hours) Regulation 2014 No.193 >

Tips on understanding QLD trading hour legislation >

Public holidays

See all QLD Public Holidays >

QLD classifications

Exempt stores

(ie shops exempted from trading hours regulation)

Exempt shops are listed in section 5 of the Act. An exempt shop is a shop described in the section that is used predominantly for selling goods by retail or for supplying services that a reasonable person would expect to be sold or supplied in that shop.
The list includes:

(a) antique shop; or
(b) art gallery; or
(c) aquarium and aquarium accessories shop; or
(d) arts and crafts shop; or
(e) bait and tackle shop; or
(f ) bookseller’s shop, newsagent’s shop, railway bookstall; or
(g) bread shop, cake shop, pastry shop; or
(h) camping equipment shop; or
(i) chemist shop; or
(j) confectionary shop; or
(k) cooked provisions shop where the provisions are cooked
or heated on the premises immediately before sale; or
(l) delicatessen; or
(m) fish shop; or
(n) flower shop; or
(o) fruit shop, vegetable shop, fruit and vegetable shop; or
(p) funeral director’s premises; or
(q) hairdresser’s, beautician’s or barber shop; or
(r) ice-cream parlour; or
(s) licensed premises under the Liquor Act 1992 or the Wine Industry Act 1994; or
(t) marine shop; or
(u) milk bar; or
(v) nursery (plant) shop for selling garden plants and shrubs, seeds, garden and landscaping supplies or equipment and associated products; or
(w) pet shop; or
(x) photographic shop; or
(y) premises in relation to which a pawnbrokers licence under the Pawnbrokers Act 1984 is in force; or
(z) restaurant, cafe, refreshment shop; or
(za) service station; or
(zb) shop of a class declared by regulation to be a class of exempt shop; or
(zc) shop for selling motor vehicle spare parts or motorcycle spare parts or both; or
(zd) soap shop; or (ze) souvenir shop; or
(zf ) sporting goods shop; or
(zg) temperance beverages shop; or
(zh) tobacconist’s shop; or (zi) toy shop; or
(zj) veterinary supplies shop; or
(zk) video cassette shop (blank or prerecorded).

TRADING HOURS: Unrestricted
(i.e. they are “exempt” from trading hours restrictions on any day of the year as none are prescribed in the Act).

Independent retail shops

(ie small shops with partial or total exemptions from trading hours regulation)

Independent retail shops are defined at Section 6 of the Act.  They may sell any type of good.  There are a number of criteria for a shop to be classified as an independent retail shop but the most commonly relied on criteria is that such shops are run by a single operator or a proprietary company and where no more than 20 persons are engaged in the shop at any one time or, where a number of shops are operated, a maximum of 60 persons throughout the State are engaged.  Additionally, the business for which the shop if maintained must be wholly owned by a person, or by persons in partnership, or by a proprietary company, that is not a related body corporate.

TRADING HOURS: Unrestricted, except for closure on 25 December (Christmas Day) and Good Friday and until 1:00pm on 25 April (ANZAC Day).  Independent retail shops that are predominantly food and/or grocery shops are totally unrestricted.

Non-exempt stores

(ie large retail shops subject to trading hours restrictions)

Non-exempt shops are not defined but the category includes large retailers operating supermarkets and department stores.

The trading hours for non-exempt shops are decided by the QIRC. The QIRC is not permitted to decide trading hours that are less than those in the Trading Hours Act as follows:

• 8am to 9am Monday to Friday; and
• 8am to 5pm for Saturday.

No hours are prescribed for public holidays or for Sundays, making them closed days.

The hours prescribed in the Act are the trading hours for non-exempt shops throughout Queensland unless that QIRC has decided in an order to allow longer hours.

For the South-East Queensland area, the Trading Hours Act also prescribes additional allowable trading hours of 9am to 6pm on Sundays and most public holidays (ie Good Friday, Easter Sunday, Anzac Day, Labour Day and Christmas Day are closed days).

Extended trading hours have been established by QIRC order in most of the major population and tourist areas of the state, allowing trading on seven days per week including most public holidays. Commonly the hours allowed in these seven day trade areas are:

• 8am to 9pm for Monday to Friday;
• 8am to 5pm/5:30pm for Saturday; and
• 9am to 6pm/8:30am to 5:30pm for Sundays and most public holidays.
• Good Friday, 25 April, Labour Day and 25 December are closed days.

The QIRC has made other order for specific classes of non-exempt shops. For example:

• Shops selling motor vehicles (in the majority of the state) may trade 8am – 9pm Monday to Friday, 8am to 5pm Saturday but must remain closed on Sundays and public holidays; and
• Shops selling caravans may trade 8am to 9pm Monday to Friday, 8am to 6pm Saturday but must remain closed on Sundays and public holidays.

QIRC orders can also permit special displays or exhibitions to be conducted outside the hours that shops selling those goods would normally be permitted to trade (eg on a Sunday, public holiday or late night).

The QIRC also makes orders permitting extended trading hours in the 4 weeks prior to Christmas each year.

Previous NRA outcomes on Queensland trading hours

QIRC Decisions allowing Sunday/Public Holiday and other extensions of trading hours for Non-Exempt shops in specified areas.

Trading hours restrictions in South Australia vary depending on the type of shop and the location of the shop.

Follow these steps to work out what kind of shop you have, and when you can trade:

1. Check the list of exempt shops to see if your shop is included in that list.
2. If you are not included in the list of exempt shops, check the criteria for small shops.
3. If your shop doesn’t fit into either of those categories you are a non-exempt shop.

Trading hour legislation

Trading hours for retailers in South Australian shopping districts are regulated by the Shop Trading Hours Act 1977 and Shop Trading Hours Regulations 2018.

Shop Trading Hours Act 1977 >

SA Shop Trading Hours Regulation 2018 >

SafeWork SA – Advice on shop trading arrangements >

Public holidays

Public and bank holidays in South Australia are prescribed by the Holidays Act 1910.

See all SA Public Holidays >

SA classifications

Exempt stores

(ie shops exempted from trading hours regulation)

Shops outside the Greater Adelaide Shopping District (Central Business Tourist District, the Metropolitan Shopping District, and the Glenelg Tourist Precinct) and also outside the 35 Proclaimed Shopping Districts (country areas) are exempt and can trade when they choose, including on all public holidays.

Other shops are exempt by virtue of the type of goods they sell or because they are smaller than a certain size.  These shops can also trade when they choose, including on all public holidays.

The list of exempt shops includes:

• A shop with a floor area not exceeding 200m², that does not adjoin a building used as a storeroom with a floor area greater than one-half the floor area of the shop.
• A shop selling foodstuffs (eg a supermarket) with a floor area not exceeding 400m², that does not adjoin a building used as a storeroom with a floor area greater than one-half the floor area of the shop.
• Any of the following types of shop (regardless of size):
  • Cafes, restaurants and take-away food
  • Service stations, licenced under Section 17 of the Act, selling a range of goods common to service stations which could include goods generally stocked by convenience stores
  • Hairdressers
  • ten pin bowling alleys, squash centres and golf courses
  • antiques, other than coins or stamps
  • live fish and aquariums etc.
  • paintings and crafts
  • bookshops and newsagents
  • pharmacies
  • cosmetics
  • medical and surgical appliances
  • florists
  • non-alcoholic drinks, ice-cream, confectionery or light refreshments
  • pets and accessories
  • plant nurseries
  • souvenirs
  • tobacconists
  • cash-and-carry wholesale warehouses
  • horticultural or agricultural shows
  • short-term charitable, religious or benevolent sponsored
  • agricultural machinery
  • fine art, either by auction or on commission
  • caravans and/or trailers
  • hire rather than sale of goods, such as video hire, machinery hire etc.

Special trading exemptions may be granted or declared on a temporary basis either on the initiative of the Treasurer or by applying to the Treasurer’s office.

Independent ‘small’ retail shops

(ie small shops with partial or total exemptions from trading hours regulation)

There is no specific category of small shop in South Australia, but the definition of exempt shop (unrestricted trading) includes businesses that meet the following criteria:

• A shop with a floor area not exceeding 200m², that does not adjoin a building used as a storeroom with a floor area greater than one-half the floor area of the shop.
• A shop selling foodstuffs (eg a supermarket) with a floor area not exceeding 400m², that does not adjoin a building used as a storeroom with a floor area greater than one-half the floor area of the shop.

Non-exempt stores

(ie large retail shops subject to trading hours restrictions)

South Australia regulates large shop trading hours in the Greater Adelaide Shopping District (CBD Tourist Precinct, Metropolitan Shopping District and Glenelg Tourist Precinct) and in 35 Proclaimed Shopping Districts in country area.  All shops outside those area are exempt and can trade when they choose, including on all public holidays.

Non-exempt shops in the CBD Tourist Precinct can trade:

• until 9pm on weekdays, including part-day public holidays that fall on a weekday
• until 5pm on Saturdays, including Easter Saturday
• from 11am to 5pm on Sundays or full-day public holidays, but not on Good Friday, 25 December or before 12 noon on 25 April.

Non-exempt shops in the Metropolitan Shopping District and the Glenelg Tourist Precinct can trade:

• until 9pm on weekdays, including part-day public holidays that fall on a weekday
• until 5pm on Saturdays, including Easter Saturday
• from 11am to 5pm on Sundays, but not Easter Sunday
• but not on any full-day public holiday, except Easter Saturday.

Non-exempt shops in a Proclaimed Shopping District can trade:

• until 6pm on weekdays, except Thursdays
• until 9pm on Thursdays, including part-day public holidays that fall on a Thursday
• until 5pm on Saturdays, but not Easter Saturday
• but not on Sundays or any full-day public holiday.

If your shop solely or predominantly sells boats and/or motor vehicles in the Greater Adelaide Shopping District or a Proclaimed Shopping District you can trade:

• until 6pm on Mondays, Tuesdays and Wednesdays
• until 9pm on Thursdays and Fridays, including part-day public holidays that fall on those days
• until 5pm on Saturdays, but not Easter Saturday
• but not on Sundays or any full-day public holiday.

If your shop sells hardware and building materials, furniture, floor coverings or motor vehicle parts and accessories in the Greater Adelaide Shopping District or a Proclaimed Shopping District, and has more than 200m² of retail floor area, you can trade:

• until 9pm on weekdays, including part-day public holidays that fall on a weekday
• until 5pm on Saturdays, including Easter Saturday
• from 9am to 5pm on Sundays and full-day public holidays, but not on Good Friday, 25 December or before 12 noon on 25 April.

Shops selling caravans are listed as one of the list of shops exempted from trading hours regulations.

The Minister may grant or declare special trading exemptions from the operation of the Act.

If you need further assistance in understanding the classification of your business, and the impact this classification has on trading hours, please contact the NRA for clarification.

Trading hours restrictions in Tasmania vary depending on the type of shop and the location of the shop.

Follow these steps to work out what kind of shop you have, and when you can trade:

1. Check the list of exempt shops to see if your shop is included in that list.
2. If you are not included in the list of exempt shops, check the criteria for small shops.
3. If your shop doesn’t fit into either of those categories you are a non-exempt shop.

If you need further assistance in understanding the classification of your business, and the impact this classification has on trading hours, please contact the NRA for clarification.

Trading hour legislation

TAS Shop Trading Hours Act 1984 >

Public holidays

See all TAS Public Holidays >

TAS classifications

Exempt stores

(ie shops exempted from trading hours regulation)

The trading hours of certain retail shops are exempted from regulation by the legislation including shops at sports events, agricultural shows, fetes, bazaars, markets or trade exhibitions, car yards and shops selling motor vehicle spare parts, shops at which property auctions are conducted, shops at which liquor is the principal class of goods sold, shops that sell cooked food (eat-in or take-away), service stations and hairdressing shops.

Additional exemptions apply on ANZAC Day for:

• A pharmacy; or
• A newsagency; or
• a shop that is not part of a shopping centre, plaza or mall and the number of persons engaged at the shop does not exceed 10; or
• a shop, or a class or group of shops that the Minister, by order, has declared may be kept open before 12:30pm on ANZAC Day.

It is an offence to require an employee to work on ANZAC Day (or any other public holiday) without the employee’s written agreement.

Independent ‘small’ retail shops

(ie small shops with partial or total exemptions from trading hours regulation)

There is no category of small shop in Tasmania.

It should be noted that there is an exemption from closure on Anzac Day for a shop that is not part of a shopping centre, plaza or mall and the number of persons engaged at the shop does not exceed 10.

Further, shops (other than exempted shops) that are retailers or franchise groups employing more than 250 employees must not be kept open at any time on Christmas Day or on Good Friday.

Non-exempt stores

(ie large retail shops subject to trading hours restrictions)

Non-exempt shops are not defined but the category includes large retailers operating supermarkets and department stores.

Tasmanian non-exempt stores only have restrictions on Christmas Day, Good Friday and Anzac Day.

Trading hours restrictions in Victoria vary depending on the type of shop and the location of the shop.

Follow these steps to work out what kind of shop you have, and when you can trade:

1. Check the list of exempt shops to see if your shop is included in that list.
2. If you are not included in the list of exempt shops, check the criteria for small shops.
3. If your shop doesn’t fit into either of those categories you are a non-exempt shop.

If you need further assistance in understanding the classification of your business, and the impact this classification has on trading hours, please contact the NRA for clarification.

Trading hour legislation

VIC Shop Trading Reform Act 1996 >

Public holidays

See all VIC Public Holidays >

VIC classifications

Exempt stores

(ie shops exempted from trading hours regulation)

Exempt shops are businesses that meet the following criteria:

1. They have 20 or fewer persons employed in the shop at any time during a restricted trading day; and
2. The number of persons employed in the business and its related entities is no more than 100 at any time during the seven days immediately before a restricted trading day.

Certain types of businesses are also exempt from trading hours restrictions.  They can open whenever they wish throughout the year.  The types of businesses that are exempt are:

• Chemists;
• Petrol shops;
• Restaurants;
• Cafes;
• Takeaway outlets;
• Service providers;
• Hire outlets (including video stores).

TRADING HOURS: Unrestricted.

Independent ‘small’ retail shops

(ie small shops with partial or total exemptions from trading hours regulation)

There is no specific category of small shops in Victoria, but the definition of exempt shops (unrestricted trading) includes businesses that meet the following criteria:

• They have 20 or fewer persons employed in the shop at any time during a restricted trading day; and

The number of persons employed by the business and its related entities is no more than 100 at any time during the seven days immediately before a restricted trading day (ie Good Friday, Christmas Day and between 12:01am and 1pm on Anzac Day).

TRADING HOURS: A small shop is exempted from any restrictions on trading hours.

Non-exempt stores

(ie large retail shops subject to trading hours restrictions)

Non-exempt shops are not defined but the category includes large retailers operating supermarkets and department stores.

Victorian non-exempt stores only have restrictions on Christmas Day, Good Friday and Anzac Day.

Trading hours restrictions in Western Australia vary depending on the type of shop and the location of the shop.

If you need further assistance in understanding the classification of your business, and the impact this classification has on trading hours, please contact the NRA for clarification.

Trading hour legislation

WA Retail Trading Hours Regulations 1988 >

Public holidays

See all WA Public Holidays >

WA classifications

In Western Australia, trading hours regulation applies to shops south of the 26^th parallel.  The trading hours of restaurants, cafes and takeaway food shops are not covered by the Act.

All shops are regarded as general retail shops unless they fall under any one of the other categories including:

• small retail shops;
• special retail shops;
• filling – service stations; or
• motor vehicle shops

General retail shops

• Trading hours for general retail shops in the Perth metropolitan area are:
  • 8:00am to 9:00pm on Monday to Friday; and
  • 8:00am to 5:00pm on Saturday; and
  • 11:00am to 5:00pm on Sunday; and
  • 11:00am to 5:00pm on public holidays; but
  • Closed on Christmas Day, Good Friday and Anzac Day.
• Trading hours for general retail shops not in the Perth metropolitan area are:
  • 8:00am to 6:00pm Monday, Tuesday, Wednesday and Friday; and
  • 8:00am to 9:00pm Thursday; and
  • 8:00am to 5:00pm Saturday; and
  • closed Sunday and public holidays.
• Trading hours for a motor vehicle shop are:
  • 8:00am to 6:00pm Monday to Friday; and
  • 8:00am to 9:00pm Wednesday; and 8:00am to 1:00pm Saturday; and
  • closed on Sunday and public holidays.
• Hardware and home improvement shops are defined as special retail shops and may trade 6am to 11:30pm every day of the year.

The Minister may make orders varying the opening and closing times of retail shops and fixing the closing times of general retail shops in holiday resorts.  Extended trading permits from the Department of Commerce are available for swap meets, trade fairs and industry expos.

Small retail shops

‘Small retail shops’ are shops owned by up to six people who operate no more than four retail shops, in which up to 25 people work at any one time.  Small retail shops may sell any goods other than motor vehicles.

Trading hours in small retail shops are unrestricted.

Special retail stores

Special retail shops are considered necessary for emergency, convenience or recreation goods.  They may trade between 6:00am – 11:30pm every day of the year. Special retail shops include:

• pharmacies;
• garden nurseries;
• hardware and home improvement shops;
• newsagencies and bookshops;
• video shops;
• art and craft shops;
• souvenir and duty free shops;
• shops at sports venues;
• boating shops;
• motor vehicle spare parts shops; and
• shops at international standard hotels.

Service stations

Filling (petrol/service) station trading hours are deregulated in all areas.  There are restrictions on the range of non-petroleum goods that may be sold from filling stations after general retail shop trading hours.  The range of goods approved will depend on the corporate circumstances of each business.  A more expansive range of goods is available to small filling stations:

• owned by up to six people who collectively operate no more than three filling stations; and
• in which a maximum of 10 people work at any time.