Treasurer Rob Lucas says confused rules that use shop’s floorspace to decide if they can open will go, replaced with simple headcount
CONFUSED rules that use a shop’s floorspace to dictate if it can open would be abolished and replaced with a staff headcount trigger under final State Government reform plans.
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CONFUSED rules that use a shop’s floorspace to dictate if it can open would be abolished and replaced with a staff headcount trigger, under final State Government reform plans.
Treasurer Rob Lucas will on Tuesday introduce deregulation legislation to Parliament, in an all or nothing bid to fix what he calls a “dog’s breakfast” of laws.
However, the Government would maintain restrictions on Good Friday and Christmas Day as well as Anzac morning.
Currently, shops with floorspace of under 400 sqm have unique conditions allowing trade in restricted times such as Sunday morning and public holidays.
But Mr Lucas said Crown law advice had revealed major uncertainty about what parts of a store were captured in that 400 sqm and it could be argued that workspaces behind a deli counter or entry ways between the front door and the cashier were exempt.
It can be revealed the final Government plan will mirror regulations in Victoria that instead use staff headcounts to decide who can trade in the few restricted times that SA would retain. An SA store could open on the 2½ restricted days if no more than 20 staff were on together, and no more than 100 people employed there at a time in the previous week.
A series of store types, including petrol stations and takeaways, could freely trade.
Mr Lucas said some of the most absurd arguments that could be made under existing law were that floorspace under a newspaper stand should count in a shop’s trading area, while cabinets used to store cigarettes behind removable screens should be exempt.
Some stores already use techniques to get through existing loopholes, including moving fridges in from walls or temporary partitions such as cardboard boxes, blankets and curtains.
Mr Lucas told The Advertiser SA had endured “endless legal argument as to what should and shouldn’t be in the square metre rule”, which left existing laws open to court challenge.
“The simplest thing in relation to this is to do what all the other states have done (with a staff headcount),” he said. “It’s much cleaner and easier for everyone to follow.”
However, the Government is largely isolated.
Opposition Leader Peter Malinauskas has pledged to fight changes he says would cost workers family time and lead to increased market share for Coles and Woolworths.
Labor is also supporting a campaign from independent grocers who warn they will be forced to pay more to open longer hours, without gaining extra businesses to boost revenue.
The three Upper House crossbench groups of the Greens, SA Best and independent John Darley are all against the change.
A vote is unlikely before Parliament’s winter break in August.
The Government also missed its promise to introduce the legislation to Parliament in its first 100 days, which expired at the weekend, citing the complexity of drafting the changes.
The crossbench will now be briefed on final details of the Government’s proposal.
Mr Lucas said the Government would not rush the coming debate and was confident it could change opinions, citing polls which show 75 per cent public support for more trading hours.
“We are hopeful that we might be able to demonstrate to people that the current laws are such a mess that we need to start again,” Mr Lucas said.
“If they choose to stick with the current mess, the sad reality will be that the current law has to be enforced as best as we can.”
It is understood an audit commissioned by Mr Lucas after the election found between 10 and 15 supermarkets in breach of existing laws, by opening at times not legally permitted, setting the scene for an extended public debate continuing past the September Budget and late into the year.