Introduction
If you wish to open your business on a restricted trading day, you'll need to apply for an exemption from NSW Fair Trading. Some businesses such as chemists, fruit and vegetable shops, petrol stations and small shops are exempt and allowed to open on public holidays.
Restricted trading days are:
- Good Friday
- Easter Sunday
- ANZAC Day
- 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.
What you need
You need the PDF form – 'Retail trading on restricted trading days application'.
How to apply
- Select the 'Download PDF form' button.
- Complete the form.
- Lodge via email to the details on the form.
More information
- You must apply for exemption at least 28 days before the restricted trading day.
- If you are applying for more than one shop, you'll need to provide information for each location.
- 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.
Last updated: 29 November 2024