Shop Trading Hours

The Hon. F. PANGALLO (14:47): I seek leave to make a brief explanation before asking a question of the Treasurer.

Leave granted.

The Hon. F. PANGALLO: When the government's trading hours bill was defeated recently, the Treasurer indicated that his department would enforce regulations on trading space by inspecting supermarket IGA stores around the state. During the debate, he took the opportunity to mention a store in Millicent that he claimed had moved fridges around the floor space to comply with the legislation to enable them to trade the regulated hours. My question to the Treasurer is:

1. How many inspections have SafeWork SA inspectors carried out since the defeat of that bill?

2. What were the results of those inspections—that is, how many were compliant and how many were noncompliant—and has any action been taken against any store?

3. Was the IGA supermarket in Millicent inspected, and what was the result of that inspection?

The Hon. R.I. LUCAS (Treasurer) (14:48): I thank the Hon. Mr Pangallo. I am delighted to receive a question particularly in relation to one of my favourite topics: shop trading hours. No prosecutions or prohibition notices have yet been instituted but, true to the word I gave to this chamber, we have commenced processes to implement the actions that I indicated we would, sadly, be forced to implement.

SafeWork SA are currently going through a process. We are having a look at finalising the legal advice. I will not bore members with the detail again, but there were very interesting legal debates as to whether things like cigarette counters, where some people were arguing because they weren't on display all the time shouldn't be included in the calculation of the floor area of a supermarket, should be counted as part of the 400 square metre calculation or not. So there are a couple of those sorts of legal issues being clarified with Crown law.

Some of the supermarkets which are potentially operating unlawfully are relying on whether or not certain areas within their store are included or not included in the calculation, such as the cigarette counters and some other areas as well. So SafeWork SA are working through a process. I am not aware that they have actually done any further inspections, but I can clarify or check that. Certainly, I have asked them to confirm with those supermarkets, when the inspections were done back in June or July—whenever that was—whether or not they have complied or not complied since then.

As the honourable member highlighted, some stores, such as the one in Millicent, have been moving fridges and freezers in from the wall in an endeavour to get under the 400 square metre calculation. They are not the only ones, I might say. There are others that have sought to manoeuvre the calculation so that they may or may not technically come under the 400 square metre calculation. So it would be unfair just to single out one store; there are a number of stores that we understand might have been engaging in similar practices.

SafeWork SA has been asked to confirm for those that were perhaps right on the margin whether or not they are still just above or just below. There are clearly a number of stores which are significantly below, so there is no issue there. There are a number of stores which are significantly above; therefore, it is quite clear that they are potentially operating unlawfully. There are a number that are right on the margin, depending on whether cigarette counters and others are counted in or out or whether they have moved their fridges and freezers in or out from the wall—as to whether or not they technically comply with the current silly laws that we have at the moment.

The honourable member can rest assured, true to my word that I gave to the chamber and to him personally, we are following through with that action, but at this stage no prohibition notices or charges have been laid yet. But the process is commencing in terms of, sadly, having to enforce the silly, outdated, antiquated laws that we currently have.