South Australian Retail Trading Bill 2018

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The Myer Centre, Adelaide

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Dominique Lamb

August 3 2018

5min read

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It’s hard to believe that South Australia still clings to outdated laws governing retail trading hours. It beggars belief that the South Australian public still have to follow the dictates of a religious culture of the 19th century who dictated that shops should close on Sundays so people could go to church!

At the time of writing, the South Australian Parliament is currently considering the Retail Trading Bill 2018.

It is an important piece of legislation that aims to overhaul South Australia’s outdated laws governing when retailers can and cannot open their doors for trade.

At present, South Australia remains one of the most restrictive places in Australia to trade, something that limits choice for consumers and reduces shifts available to employees.

Needless to say, it has met the usual backlash from opponents to reform whom rely solely on emotive arguments that disregard the facts. Wild claims that it will cost jobs or hurt local retailers simply don’t stand up to scrutiny.

The NRA has already provided a nine-page briefing to the Government, Opposition and Crossbench refuting the scare campaign currently underway.

The proposed changes boil down to a simple premise, that is to give retailers greater freedom to choose when they trade in order to best cater to consumer demands.

How can we be so certain that deregulation will be successful in South Australia? Answer: the simple fact that every other state that had modernised and liberalised their trading hours laws has reaped significant benefits.

A 2011 University of Western Australia report found that following deregulation, Victoria saw retail turnover grow by 6.2% over 10 years, compared to a 2.7% growth that occurred in the decade before deregulation. In 2002, Tasmania deregulated trading hours, and between 2003 and 2006 retail sales soared by 25%, well above the 16% average growth across Australia during the same period.

Meanwhile, in December last year, Queensland relaxed its trading hour laws, with a Centre for International Economics report prepared for the Queensland Office of Best Practice Regulation concluding that it would provide a net benefit to the Queensland economy of $200 million per year.

And if all that wasn’t enough to convince you, by far the biggest beneficiaries of relaxed trading hours laws are young people. It is workers from this demographic that disproportionately work shifts that are usually the target of restrictive trading hours such as weekends and public holidays. Surely any measure that addresses the scourge of youth unemployment is worthy of being strongly supported?

Moreover, we live in a 21st century economy where shoppers can buy more or less any item they want online at any hour of the day. Laws governing when retailers can open for trade need to keep pace with a changing world.

To remain competitive, bricks-and-mortar retailers need to be provided with every freedom to adopt trading hours that best suit their customer base and enable them to thrive in a modern economy.

Across every state throughout Australia, reform to retail trading hours meets stiff resistance from vested-interests whenever it is proposed. However, what is also true is that whenever state parliaments embrace change it results in increased economic activity that benefits retailers and their employees.

Should the South Australian Parliament pass the Retail Trading Bill 2018 it will be a win for retailers and consumers.

About the author

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Dominique Lamb

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Dominique Lamb is the CEO of the National Retail Association and Director of NRA Legal, who has extensive experience providing industrial relations and employment law advice to a range of small, medium and large businesses across a range of industries. As the CEO of the National Retail Association, Dominique plays an integral role by liaising and advocating on behalf of retailers at a Federal and State Government level on all areas of policy which affect retail businesses both large and small, including but not limited to technical standards, product safety, industrial relations, loss prevention, city planning and infrastructure.
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