Anzac Day trading
Under the Anzac Day Observance Act 1929, 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 5A 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:
- shops that the Minister approves opening before 12.30pm,
- bottle shops;
- cafes and restaurants;
- service stations;
- car yards;
- real estate agents to the extent that they are conducting an auction at the premises; and
- shops that are part of a large shopping complex with many shops and the number of employees in that shop on any day in the most recent month of March is not more than 10 people.
In 2020 this Anzac Day Observance Act 1929 exemption was granted (PDF) which expires on April 26, 2021.
Employee's written agreement to work 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. If you do not comply with this, you may be fined under the Act.
Applying for an exemption
If your shop is not exempt from the Anzac Day trading restrictions, you may apply to the Minister for an exemption using the application form.
The Minister will consider the:
- Needs of the relevant community including, but not limited to, organisations that support veterans, and their families, such as the RSL;
- Effect on the relevant community if the shop, or class or group of shops, is not kept open; and the
- Policy that a notice under this section should not undermine, to any significant extent, the controls on shop trading hours set out in the Shop Trading Hours Act 1984.
Applications for trading on Anzac Day 2021 close on 31 March 2021.