RETAIL TRADING HOURS AMENDMENT BILL 2009
SECOND READING SPEECH
Mr Speaker
I move, that the Bill be now read a second time.
The purpose of the Bill is to amend the Retail Trading Hours Act 1987 to allow general retail shops in the metropolitan area to remain open until 9.00pm each weeknight.
Currently under the Act, general retail shops are allowed to trade at any time during the following hours: 8.00am to 6.00pm Monday, Tuesday, Wednesday and Friday; 8.00am to 9.00pm on Thursday and 8.00am to 5.00pm Saturday.
All shops in the metropolitan area are captured by these hours unless they are motor vehicle shops or come within any of the other categories in the Act - that is, special retail shops, small retail shops, filling stations, or are located within a tourism or holiday precinct. Major department stores, most 'chain' stores and large supermarkets are all general retail shops.
The former Labor Government did not address the issue of retail trading hours. Instead of making a decision, they instigated a referendum on the matter, which included an obscure question relating to the "benefits" to the Western Australian community of extending retail trading hours to 9pm on weeknights.
That referendum was held in February 2005, four years ago. During the recent election campaign, the Liberal Party made a commitment to examine extending weeknight trading, with broad agreement. In recent months I have met with at least 18 key industry and community groups to discuss the proposal. The majority support the extension to weeknight trading hours.
This Bill will give general retail shops in the metropolitan area the option of opening to 9pm on weeknights should they choose to do so.
For the purposes of the Retail Trading Hours Act, the metropolitan area means the region described in Schedule 3 of the Planning and Development Act 2005. This area broadly consists of the area between Yanchep, the Swan Valley, Armadale and Rockingham.
General retail shops located in the Perth and Fremantle tourism precincts and the holiday resorts established under the Act will be able to trade until 9pm weeknights. The Ministerial orders that fix trading hours for these tourism precincts and holiday resorts, which are made under section 12A of the Act, will be updated to incorporate the 9pm extension.
Mr, Speaker, standard trading hours under the Commercial Tenancy (Retail Shops) Agreements Act 1985 will not be affected. Under the Commercial Tenancy Act, tenants cannot be required to contribute to the operating expenses related to the extended hours established by the Bill, unless they choose to open. Such expenses are limited to the relevant proportion (in terms of the total lettable floor area) of those shops which open during the extended hours.
In addition, landlords cannot refuse to renew a retail shop lease if tenants choose not to open, as a retail shop lease which requires a tenant to open at specified hours or times is void under the Commercial Tenancy Act. The Bill does not amend the Commercial Tenancy Act and as such these existing protections for retail tenants will continue.
The amendments in this Bill extending weeknight trading hours for general retail shops will:
give metropolitan consumers more choice about when and where to shop during weekdays;
provide choice for metropolitan general retail shops as to whether to trade until 9.00pm each week night;
preserve the ability for small retail shops to open at any time, and for special retail shops to open during their existing extended hours; and
will not affect the trading hours arrangements for motor vehicle shops and filling stations.
The majority of non-metropolitan areas have their own trading hours arrangements in place, provided for in Ministerial orders. The Bill makes no change to retail trading hours for any type of shop that is located outside the metropolitan area, continuing the policy of self determination in regional and non-metropolitan Western Australia.
The Government has been approached to create a tourism precinct in Joondalup to provide Perth's northern suburbs benefits similar to those enjoyed by people living closer to the Perth and Fremantle tourism precincts. This proposal is not part of this Bill but is one that the Government supports and will progress through a second Bill later in the year.
Mr. Speaker, the extension to weeknight trading hours is a moderate step that takes account of changes that have come about in urban lifestyles and working hours in the metropolitan area in recent years, especially those for young families and working couples. The Government has taken a modern, contemporary approach recognising that many families and individuals require extended shopping hours to provide them with the flexibility to shop around busy working and personal lives. This Bill delivers that.
Mr. Speaker, I commend the Bill to the House.
