Metropolitan Shop Districts already proclaimed. Abolition of Effect of abolition and alteration. Proclamations and (2.) The following Electoral Provinces, namely—the Metropolitan Province, the Metropolitan-Suburban Province, and the West Province, are hereby united into one Shop District, by the name of the Metropolitan Shop District, and shall be deemed to have been established by Proclamation under this Act. (3.) Every district heretofore proclaimed or deemed to have been proclaimed shall be deemed to have been established as a shop district by Proclamation issued under this section, provided that any such district comprised in the Metropolitan Shop District shall cease to exist as a separate district. (4.) The Governor may at any time declare by proclamation that any shop district, except the Metropolitan Shop District, shall be abolished; and thereupon the portion of the State comprised therein shall cease to be a shop district accordingly. (5.) If any shop district is abolished, and by the same proclamation such district or any part thereof becomes a new district, or a portion of another district, the alteration shall not of itself abrogate any choice or proclamation or resolution of electors theretofore made or issued or carried, except in respect of any area which is no longer either a shop district or comprised in a shop district, and no such alteration shall of itself render any area subject to any proclamation or resolution of electors. (6.) Every proclamation or choice in force in any part of choices now in force the Metropolitan Shop District shall, subject to this Act, continue in force until altered, nullified or abrogated under this Act. in Metropolitan Shop District. Closing times. Days on which shops to close at one and nine. 4. (1.) Subject as hereinafter provided the closing time for all shops (except those mentioned in Schedule One, and except registered small shops) situate in any district shall be in every week On one week day, One o'clock; On one week day, Nine o'clock; On the four other week days, Six o'clock; and all such shops shall close on those days not later than the hours mentioned above, which shall be the hours after noon in each day, and shall continue closed until eight o'clock, or such earlier hour as may from time to time be fixed by proclamation (in respect either of all shops affected or of any class or classes of such shops) in the morning of the week-day next following. (2.) Subject to this Act the day on which all shops affected by this section shall close at one o'clock shall be Wednesday, and the day on which all such shops shall close at nine o'clock shall be Saturday; provided that the Governor may at any time and from time to time, on the petition (according to the form in Schedule Three) of the majority of the keepers of such shops in any district, substitute in that district for those days or either of them any other week days or day and may at any time on the like petition revoke any any such substitution; provided further that any shopkeeper may interchange such days and, by choice made as hereinafter set out, decide to close any such shop kept by him at nine o'clock on the day fixed by this Act or by proclamation for closing at one o'clock, and at one o'clock on the day so fixed for closing at nine o'clock, and he shall be entitled to keep his shop open till the hours mentioned and bound to close such shop not later than those hours accordingly. (3.) The choice of the shopkeeper shall be made by sending Choice of to the Minister, or to any person authorised by the Minister to shopkeeper. receive such notice, a notice according to the form in Schedule Two. (4.) When a shopkeeper has made any such choice in respect Change of choice. of any shop he shall not (unless a proclamation affecting the shop has been subsequently issued hereunder) make another choice in respect of that shop until after the expiration of three months from the day when the former choice was made. or issued. (5.) Every such proclamation or choice heretofore issued or Choice or proclamamade shall be deemed to have been made under this section, and tion already made shall be construed and have effect as if "nine o'clock" were substituted for "ten o'clock" whenever occurring therein. 5. (1.) In any shop district polls of electors qualified to vote Alteration of days as hereinafter mentioned shall be taken as hereinafter provided. by poll of electors. electors. (2.) The electors qualified to vote shall be those persons who Qualification of are resident in the district, and are at the issue of the writ for the taking of the poll duly registered electors who would be entitled to vote in such district at an election of a member of the Legislative Assembly and each such elector shall be entitled to one vote. (3.) At every poll a resolution shall be submitted to the Resolution. electors in the form of a question as follows: Do you vote that shops generally throughout the district shall close at one o'clock, p.m., on Saturdays? and the voting papers shall be according to the form in Schedule Four. answer. (4.) If in any district the question is answered in the Effect of affirmative affirmative by a majority of the electors voting on the question, the resolution shall be deemed to be carried, and after the publication of the result in the Government Gazette and (notwithstanding anything in Section four) until the question is again submitted and answered in the negative the closing time for all shops (except those mentioned in Schedule one and except registered small shops) throughout the district shall be one o'clock after noon on Saturdays, and nine o'clock after noon on Fridays, and six o'clock after noon on all other week days, and all such shops shall close on those days not later than the hours above mentioned, and shall continue closed until eight o'clock or such earlier hour as may from time to time be fixed by proclamation (in respect either of all shops affected or of any class or classes of such shops), in the morning of the week day next following. (5.) Effect on small shops. Effect of negative answer. Result of poll to be gazetted. Petition necessary. Governor to fix date. Intervals between polls. Returning officer to be appointed and writ issued. Provisions as to taking poll. (5.) In any district in which such resolution has been carried and is in force the day on which registered small shops shall close at one o'clock shall be Saturday, and the day on which such shops shall close at ten o'clock shall be Friday. (6.). If the question is answered in the negative by a majority of the electors voting on the question, then the resolution shall be rejected, and in every district and area affected by the rejection, the provisions of section four shall become or remain operative. (7.) The result of every poll shall be notified in the Govern ment Gazette by the Minister, and such notification shall be conclusive evidence of the result and of the regularity of all antecedent proceedings and of due compliance with all necessary conditions. (8.) If a petition in writing, signed by not less than one-tenth in number of the duly registered electors who would be entitled to vote at an election of a member of the Legislative Assembly in or for any district, is presented to the Minister requesting that a poll be taken therein within six months after the presentation of the petition, a poll shall, subject to this Act, be taken accordingly; but a poll shall not be taken in any district unless a petition is presented pursuant to this subsection: Provided that one poil shall be taken in the Metropolitan Shop District on a day to be fixed by proclamation without the necessity for the presentation of any such petition. (9.) The Governor may at any time and from time to time, subject as herein provided, by notice in the Government Gazette, appoint, for any district. the date for the taking of a poll hereunder. (10.) No poll shall be taken in and for any district within two years of the taking of a previous poll therein and therefor, nor shall any place or area be affected by any poll taken within two years of the previous poll affecting such place or area. (11.) At least fourteen days before the day fixed for the taking of a poll in a district the Governor shall appoint a returning officer, and shall, by his warrant, direct the Clerk of the Writs to issue a writ to the returning officer for the taking of the poll, and the writ shall be issued accordingly, and a copy thereof shall be forthwith published in a newspaper circulating in the district, and such poll shall be taken as hereinafter provided, and the result shall be certified by the returning officer to the Minister. (12.) The following provisions shall apply to the taking of a vote under this Act (a.) The vote shall be taken at the polling places appointed by the Governor and notified in the Government Gazette. (b.) A returning officer appointed by the Governor shall conduct the taking of the vote in each district, and shall, with respect to such poll, have all the powers possessed by a returning officer under the law for the time being regulating the conduct of elections for the Legislative Assembly; (c.) (c.) For the purpose of taking such vote the Governor (e.) Subject as aforesaid the provisions of any law for the (13.) The Governor may make any regulations which may Regulations. appear to him to be necessary for carrying out the provisions of this section. 4. The following section is hereby inserted in the principal Act, immediately after section five thereof: [SA.] (1.) The provisions of sections four and five shall (a.) On any day when other shops subject to those sections (b.) On Sundays chemists' and druggists' shops may open On any day on which a chemist's or druggist's shop Provided that the prescriptions of duly qualified medical practitioners may be dispensed, and medicines and surgical appliances required in any emergency may be supplied in a chemist's or druggist's shop after the hours of closing applicable to such shop. (2.) If in any prosecution against a keeper of a chemist's or druggist's shop for a breach of this Act, the question shall arise whether any medicine or surgical appliance proved to have been supplied Amendment of Amendment of Substitution of new supplied was so supplied in an emergency, the Court shall decide the question as one of fact after taking into consideration all the circumstances of the case. (3.) Subject, as aforesaid, the provisions of this Act applicable generally to shops mentioned in Part III. of Schedule one (except the provisions relating to half-holidays in exempted shops) shall apply to chemists' and druggists' shops. (4.) A public or private dispensary shall be deemed to be a chemist's shop within the meaning of this Act. 5. Section nine of the Principal Act is hereby amended by the insertion of the words "nine or" immediately after the words 66 one or." 6. Section five of "The Early Closing Act Amendment Act, 1904," is hereby amended by the insertion at the beginning of subsection (2) of the words:-"Subject to the effect of any resolution carried at a poll of electors." 7. Section eight of the Principal Act is hereby repealed, and section for Section the following section substituted therefor 8. Closing of exempted shops carrying on other trades. Schedule. [13.] (1.) If in any exempted shop any article, not being an article appropriate to that description of shop, is on any day sold or offered or exposed for sale. such shop shall, after the general time of closing of shops, be deemed not to be an exempted shop, and the provisions of this Act shall apply thereto accordingly. (2.) "Exempted shop" means a shop of a description mentioned in Schedule 1. (3.) An article shall not be deemed to be appropriate to any description of shop unless the sale of that class of article(a.) strictly forms part of the business of shops of that description; or (b.) has been expressly authorised by proclamation in shops of that description. (4.) Nothing in this section shall affect any special right of dispensing the prescriptions of medical practitioners or supplying medical or surgical appliances in cases of emergency given to keepers of chemists' or druggists' shops under any other section of this Act; but, with this exception, the provisions of subsection one shall have effect with regard to any chemists' or druggists' shop to which they are for the time being applicable as if it were not a shop of that description. 8. Schedule one of the principal Act is hereby repealed, and the following Schedule shall stand as Schedule one of such Act:- |