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Shops Ordinance 1961

CONSOLIDATED ACTS OF SAMOA 2009

SHOPS ORDINANCE 1961

Arrangement of Provisions

TITLE

1. Short title and commencement
2. Interpretation
3. General provision as to closing
4. When shop deemed to be open
5. Working hours
6. General exemptions
7. Partial exemptions
8. Saving of telephonic, telegraphic, or postal business
9. Closing in one shop carrying on 2 or more classes of business
10. Repealed
11. Repealed
12. Repealed
13. Repealed
14. Repealed
15. Offences
16. Regulations
17. Repeals and savings
Schedule

__________

THE SHOPS ORDINANCE 1961

1961 No. 31

AN ORDINANCE to consolidate and amend the law relating to the hours during which shops may remain open and to make provision in regard to the working hours of shop assistants.

(29 December 1961)
[Commencement date: 29 December 1961]

1. Short title and commencement - (1) This Ordinance may be cited as the Shops Ordinance 1961.

(2) This Ordinance shall come into force on a day to be appointed for the commencement thereof by the Council of State by notice published in the Samoa Gazette.

2. Interpretation - In this Ordinance, unless the context otherwise requires:-

"Occupier" means the person occupying any building or place used or intended to be used as a shop; and includes any agent, manager, foreman, or other person acting or apparently acting in the general management or control of a shop;

"Public holiday" means any holiday defined in or declared under the Public Holidays Act 2008;

"Shop" means any premises in or about which goods are kept, exposed, or offered for sale in the ordinary course of trade;

"Shop assistant", in relation to any shop, means any person other than the wife or husband and/or family of the occupier, who is employed by the occupier of the shop in connection with the business of the shop.

3. General provision as to closing - Except as otherwise provided by this Ordinance, every shop shall be closed:

(a) During the whole of every Sunday and public holiday;

(b) On any other day outside regular working hours.

4. When shop deemed to be open - A shop shall be deemed to be open if:

(a) It is not effectually closed against the admission of the public;

(b) Any person other than the occupier or the occupier's employees is found therein, unless the occupier can prove to the satisfaction of the Court that such person was not in the shop for the purpose of purchasing goods.

5. Working hours - Except as otherwise provided in this Ordinance, regular working hours for shop assistants shall consist of periods aggregating in all not more than 40 hours in any week, and falling within the following times:

(a) Not more than 8 hours between the hours of 8 o'clock in the morning and half past 4 o'clock in the afternoon on any day from Monday to Friday, both inclusive;

(b) Not more than 41/2 hours between the hours of 8 o'clock in the morning and half past 12 o'clock in the afternoon on Saturdays:

PROVIDED THAT the regular working hours in any week shall be reduced by 8 hours for every public holiday falling on any Monday to Friday, both inclusive in such week, and by 4 hours for every public holiday falling on a Saturday.

6. General exemptions - The provisions of this Ordinance shall not apply to any shop:

(a) Wherein is carried on only the business of:

(i) A pharmaceutical chemist; or

(ii) A garage proprietor as defined in the Second Schedule of the Business Licences Ordinance 1960; or

(iii) A restaurant keeper; or

(iv) A photographer.

(b) Wherein a business is carried on only in pursuance of and in accordance with a market licence issued under the Samoan Market Ordinance 1927.

6A. Exemptions - The provisions of this Ordinance shall not apply to an international bank licensed under the International Banking Act 2005 or to a Trustee Company registered under the Trustee Companies Act 1988 or to an international company or foreign company incorporated or registered under the International Companies Act 1988.

7. Partial exemptions - (1) Notwithstanding anything contained in this Ordinance it shall be lawful:

(a) To sell or deliver bread from premises wherein is carried on only the business of a licensed bakery as defined in section 41 of the Health Ordinance 1959 on any day between the hours of 5 o'clock in the morning and 7 o'clock in the afternoon;

(b) To open or keep open on any day other than a Sunday or a public holiday between the hours of 5 o'clock in the morning and 7 o'clock in the afternoon any shop wherein is carried on only the business of a butcher and ice manufacturer and seller of provisions or foodstuffs or any of them;

(c) To sell and deliver fresh meat, fresh fish, frozen goods, and ice or any of them on any Sunday or public holiday between the hours of 5 o'clock in the morning and 10 o'clock in the morning from any shop wherein is carried on only the businesses of a butcher and ice manufacturer and seller of provisions or foodstuffs or any of them;

(d) To open or keep open on any day between the hours of 6 o'clock in the morning and half past 11 o'clock in the evening any shop or premises wherein is carried on only the businesses of a tobacconist and a confectioner or either of them;

(e) To open or keep open any shop at any time in accordance with regulations made under this Ordinance.

(2) The businesses of a butcher, baker, tobacconist, and a confectioner shall for the purposes of the last preceding subsection be deemed to be the respective businesses as defined in the Second Schedule to the Business Licences Ordinance 1960.

8. Saving of telephonic, telegraphic, or postal business - Nothing in this Ordinance shall render it unlawful for the occupier of a shop in which telephonic, telegraphic, or postal business is carried on, on behalf of the Minister of the Samoa Post Office to open the shop for the purpose of any such business at any time when the shop is otherwise required by or under this Ordinance to be closed, if:

(a) The shop is opened for that purpose only; and

(b) The shop is closed immediately after the business is concluded; and

(c) The door of the shop is kept locked, except for the admission and exit of the person with whom the business is conducted.

9. Closing in one shop carrying on 2 or more classes of business - (1) Where the occupier of a shop carries on 2 or more classes of business in one building or place or in buildings or places adjacent to one another, those businesses shall be deemed to be carried on in one shop.

(2) Where a shop is required by or under this Ordinance to be closed at any time by reason of the fact that any goods comprised in a particular class of business are sold or exposed for sale in that shop, it shall not be necessary for the shop to be closed at any such time if during that time:

(a) No such goods are sold or exposed for sale in or from the shop; and

(b) All such goods in the shop are kept in a part of the shop which is kept securely locked so that no person other than the occupier can have access to them:

PROVIDED THAT, where any such goods are kept in a part of the shop where no member of the public can see them at any time whatsoever, the requirement that that part of the shop be kept securely locked shall not apply:

PROVIDED ALSO THAT, where any such goods are kept in a shop window, it shall be sufficient if the shop window is kept securely locked.

10. Repealed by section 8 of the Public Holidays Act 2008.
11. Repealed by section 8 of the Public Holidays Act 2008.

12. Repealed by section 8 of the Public Holidays Act 2008.

13. Repealed by section 8 of the Public Holidays Act 2008.

14. Repealed by section 8 of the Public Holidays Act 2008.

15. Offences - (1) Every person who fails to comply with any provision of this Ordinance or any regulation made under this Ordinance commits an offence.

(2) Every person convicted of an offence against this Ordinance or the regulations made thereunder for which no other penalty is provided shall be liable on conviction to a fine not exceeding 5 penalty units.

16. Regulations - (1) The Head of State, acting on the advice of Cabinet, may from time to time make all such regulations as may in his opinion be necessary or expedient for giving full effect to the provisions of this Ordinance and for the due administration thereof.

(2) Repealed by section 8 of the Public Holidays Act 2008.

(3) It shall be the responsibility of the Minister of Labour to lay all regulations made under this section before the Legislative Assembly within 28 days after the making thereof if the Assembly is then in session and, if not, to lay them before the Assembly within 28 days after the commencement of the next ensuing session.

17. Repeals and savings - (1) The enactments specified in the Schedule to this Ordinance are hereby repealed.

(2) Without limiting the provisions of the Acts Interpretation Act 1974, it is hereby declared that the repeal of any provision by this Ordinance shall not affect any proclamation, warrant, or thing whatsoever made or done under the provisions so repealed, and every such proclamation, warrant, or thing, so far as it is subsisting or in force at the time of the repeal and could have been made or done under this Ordinance, shall continue and have effect as if it had been made or done under the corresponding provision of this Ordinance.

SCHEDULE

ENACTMENTS REPEALED
[Section 17(1)]

1931 No.6 - The Shopping Hours Ordinance 1931
1936 No.5 - The Shopping Hours Amendment Ordinance 1936
1951 No.3 - The Ordinances Amendment Ordinance 1951, section 7

REVISION NOTES 1997

The Shops Ordinance 1961 appearing in this reprint comprised that Act as it appeared in the 1977 reprint together with such amendments as set out below:

Section 2: The expression "Samoa Flag Raising Day" was deleted from the definition of Public Holiday and "Independence Day" substituted.

The expression "Arbour Day which is the First Friday in November" was added; each amendment contained in section 2 of the Shops Amendment Act 1989.

The expression "Mother Day which is the Monday immediately following the second Sunday in May" was added by section 2 of the Shops Amendment Act 1992/1993.

The expression "Labour Day" etc. was added by section 2 of the Shops Ordinance Amendment Act 1994/1995.

Section 6A: Is a new section added by the Schedule to the Offshore Banking Act 1988. This section was later amended by section 14 of the Offshore Centre Legislation Amendment Act 1990 by adding: "or foreign company".

Flag raising day declaration 1932 was repealed by the 1989 Amendment Act.

REVISION NOTES 2008

This law has been generally edited as provided for by section 5 of the Revision and Publication of Laws Act 2008. The following general revisions have been made –

(a) References to Western Samoa have been amended to Samoa in accordance with an amendment to the Constitution of Samoa in 1997.

(b) The fines have been amended and are stated as penalty units as provided for by the Fines (Review and Amendment) Act 1998.

(c) All references to the male gender have been made gender neutral.

(d) Amendments have been made to conform to modern drafting styles and to use modern language as applied in the laws of Samoa.

(f) Other minor editing has been done in accordance with the lawful powers of the Attorney General.

The following amendments have been made to specific sections of the Act to incorporate amendments made by Act of Parliament passed since the publication of the Western Samoa Statutes Reprint 1978-1996 –

Section 15 (2) was amended by the Fines (Review and Amendment) Act 1998.

Section 2 was amended by the Shops Amendment Act 2005.

Section 6A was amended by the International Banking Act 2005.

This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2007. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Aumua Ming Leung Wai
Attorney General of Samoa

Revised and consolidated by Noumea Loretta Afamasaga.
Under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel)

REVISION NOTES 2008 No. 2

This law has been generally edited as provided for by section 5 of the Revision and Publication of Laws Act 2008 by inserting commencement date.

The following amendments have been made to specific sections of the Act to incorporate amendments made by Act of Parliament passed since the publication of the Consolidated and Revised Statutes of Samoa 2007-

By Public Holidays Act 2008 –

Section 2 was amended by substituting the definition of "public holiday" with "means any holiday defined in or declared under the Public Holidays Act 2008.

Sections 10 to 14 repealed.

Section 16(2) repealed.

This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2008. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Aumua Ming Leung Wai
Attorney General of Samoa

Revised and consolidated by the Legislative Drafting Division under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel)

REVISION NOTES 2009

There were no amendments made to this law since the publication of the Consolidated and Revised Statutes of Samoa 2007.

This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2009. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Aumua Ming Leung Wai
Attorney General of Samoa

Revised and consolidated under the supervision of Papalii Malietau Malietoa (Parliamentary Counsel)

The Shops Ordinance 1961 is administered in the Ministry of Commerce Industry and Labour.