A state-by-state guide to 2023’s Christmas trading hours and public holidays
SmartCompany has put together a helpful state-by-state guide to the Christmas and New Year trading hours and restrictions for Australian businesses this year.
It’s time to start pulling out the Christmas tree and dusting off the box of decorations that has been collecting cobwebs for the last year because there are just three weeks to go until Christmas.
We know the festive season is one of the busiest times of the year for businesses across Australia, but that isn’t stopping them from getting into the seasonal spirit with plenty of tinsel and little bowls of candy canes calling our name from the front desk whenever we step into a small shop or business.
But many businesses and shoppers out there may not realise that public holidays and restrictions on trading hours vary from state to state.
This determines when businesses can open and the penalty rates many businesses are required to pay their staff.
So grab a cup of tea (I’ve chosen English Breakfast this morning) because SmartCompany has put together a state-by-state guide to the Christmas and New Year trading hours and restrictions for Australian businesses this year.
Victoria
This year Victoria will celebrate Christmas Day on Monday, December 25, Boxing Day on Tuesday, December 26, and New Year’s Day on Monday, January 1, 2024.
All of these days are public holidays.
However, Christmas Day is a restricted trading day under Victorian law, with The Shop Trading Reform Act 1996 prohibiting shops from trading on restricted trading days, with only exempt shops permitted to open.
The specific types of shops that can open on restricted trading days are chemists, petrol shops, restaurants, cafes and takeaway outlets.
A shop that has 20 or fewer persons employed in the shop at any time on a restricted trading day or the number of persons employed by the shop and its related entities is no more than 100 at any time during the seven days immediately before the restricted trading day is also exempt.
New South Wales
Christmas Day (Monday, December 25), Boxing Day (Tuesday, December 26) and New Year’s Day (Monday, January 1, 2024) are public holidays for this year’s festive season in New South Wales.
Some days are considered ‘restricted’ trading days under the Retail Trading Act 2008 and many businesses cannot open on these days unless they have obtained an exemption from NSW Fair Trading and are allowed to operate.
For NSW, these restricted trading days include both Christmas Day and Boxing Day.
Some businesses such as chemists, petrol stations, fruit and vegetable shops and small shops are allowed to open on these days. A non-exempt shop must remain closed on restricted trading days.
Under section 8A of the Retail Trading Act 2008, a conditional exemption applies to Boxing Day and states that all shops are allowed to trade on Boxing Day provided employees freely elect to work.
While businesses should check if they need to apply for an exemption to open on any restricted days, other than Boxing Day, small shops can open on a restricted trading day without applying for an exemption.
Small shops are generally defined as employing four or fewer staff.
SmartCompany encourages NSW businesses to check the NSW Fair Trading website to ensure they are fully prepared for the upcoming holidays.
Australian Capital Territory
The Australian Capital Territory will observe public holidays on Christmas Day (Monday, December 25), Boxing Day (Tuesday, December 26) and New Year’s Day (Monday, January 1, 2024) this year.
For businesses in the ACT trading hours restrictions are deregulated, which means businesses can choose when to trade.
Queensland
Like Victoria, NSW and ACT, Christmas Day (Monday, December 25), Boxing Day (Tuesday, December 26) and New Year’s Day (Monday, January 1, 2024) are public holidays in Queensland.
Retail shops across Queensland should be aware that special trading hours arrangements apply over the Christmas period each year and depend on the category of the retail shop. For Christmas Day, special trading hours apply.
For the three Sundays before December 18 and from December 18-24 each year extended trading applies to areas throughout Queensland.
Exempt shops, except for the sub-category of independent retail shops, have unrestricted trading hours and may trade during the Christmas period.
Independent retail shops generally have unrestricted trading hours and can trade during the Christmas period but must remain closed on Christmas Day, except if they are a predominantly food and/or grocery store, which can trade without restriction.
However, specific trading hour restrictions apply for licensed premises.
Exempt shops are defined in the Trading (Allowable Hours) Act 1990 and SmartCompany encourages Queensland businesses wishing to trade over the Christmas period to check if their shop falls under the exempt category and for trading hours.
Northern Territory
Christmas Day (Monday, December 25), Boxing Day (Tuesday, December 26) and New Year’s Day (Monday, January 1, 2024) are public holidays in the Northern Territory.
Trading hours are mostly deregulated in the NT, however, there are some conditions for certain stores that sell liquor on Christmas Day.
South Australia
South Australia will observe Christmas Day (Monday, December 25), Boxing Day (Tuesday, December 26) and New Year’s Day (Monday, January 1, 2024) as public holidays.
For retailers in South Australia shopping districts, trading hours are regulated by the Shop Trading Hours Act 1977 and Shop Trading Regulations 2018.
Whether a shop is exempt or non-exempt from the state’s trading laws depends on where a shop is located, its size, and what it sells.
A shop is only entitled to be opened on a Sunday or public holiday if each employee who works in the shop during that Sunday or public holiday has voluntarily accepted an offer to work on that day.
Midnight trading will be allowed on up to three weekdays during the period from December 11 to December 23. In 2023, the specified days are Thursdays, December 14 and 21, and Friday, December 22.
In November 2022 new laws kicked in for Adelaide businesses that allowed shopping centres across metropolitan Adelaide to trade on Boxing Day from 9am to 5pm.
In a move previously only permitted for shops located in the CBD, suburban shops can trade on Boxing Day between 11am and 5 pm.
Tasmania
Christmas Day (Monday, December 25), Boxing Day (Tuesday, December 26) and New Year’s Day (Monday, January 1, 2024) are public holidays in Tasmania.
On Christmas Day, the Shop Trading Hours Act 1984 places trading restrictions on large retailers.
Western Australia
For Western Australia, Christmas Day (Monday, December 25), Boxing Day (Tuesday, December 26) and New Year’s Day (Monday, January 1, 2024) are public holidays.
In Western Australia, the type of business can dictate the hours that the business can be open to customers.
Businesses should be aware that there are also times throughout the year when extended trading may apply such as over the Christmas period.
All shops are regarded as general retail shops unless they fall under any one of the other categories including: small retail shops, special retail shops, service stations or motor vehicle shops.
Extended trading hours for general retail shops in the Perth metro area in the lead-up to Christmas have also been approved by the state government.
The extended trading period will start on Saturday, December 9, 2023, and end on Monday, January 1, 2024.
