Check your calendars! There are less than three weeks to go until Christmas Day and the festive season is well and truly underway. Australian businesses are full speed ahead preparing for one of the busiest times of the year, while others get ready to close up shop or the office for the holidays.
Both Christmas Day and New Year’s Day fall on Sundays this year, which means the following Tuesday after Christmas Day (December 27), and the following Monday after New Year’s Day (January 2), are additional public holidays.
However, public holidays and restrictions on trading hours vary from state to state, and this determines when businesses can open and the penalty rates many businesses are required to pay their staff.
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
For Victoria this year, Christmas Day (Sunday, December 25) and Boxing Day (Monday, December 26) are public holidays. Tuesday, December 27 is an additional public holiday, to make up for Christmas Day falling on the weekend.
New Year’s Day (Sunday, January 1) is also a public holiday, with an additional public holiday on the following Monday, January 2.
Under Victorian law, businesses are not allowed to open on Christmas Day and only exempt shops are permitted to open, which include chemists, petrol shops, takeaway outlets and service providers.
Exempt businesses are those that have 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.
New South Wales
The public holidays for NSW this year are Christmas Day (Sunday, December 25) and Boxing Day (Monday, December 26), with an additional public holiday on Tuesday, December 27 as Christmas Day falls on the weekend.
Just like Victoria, New Year’s Day (Sunday, January 1) is also a public holiday, with an additional public holiday observed on the following Monday, January 2.
Under the Retail Trading Act 2008, many NSW businesses cannot open on ‘restricted’ trading days, which includes Christmas Day and Boxing Day, unless they have obtained an exemption from NSW Fair Trading and are allowed to operate. Some businesses such as chemists, fruit and vegetable shops, petrol stations and smaller shops are allowed to open on these days.
Small shops are defined as those that employ four or fewer employees and which have no more than two owners who share in the business’ profits.
Australian Capital Territory
Like Victoria and NSW, the public holidays observed in the ACT are Christmas Day (Sunday, December 25) and Boxing Day (Monday, December 26), with an additional public holiday on Tuesday, December 27 as Christmas Day falls on the weekend.
New Year’s Day (Sunday, January 1) is also a public holiday, with an additional public holiday on the following Monday, January 2.
Trading hours are deregulated in the ACT, which means businesses can choose when to trade.
Queensland
Queensland will observe its public holidays on Christmas Day (Sunday, December 25) and Boxing Day (Monday, December 26). As Christmas falls on the weekend, there will be an additional public holiday on Tuesday, December 27.
Like its southern counterparts, New Year’s Day (Sunday, January 1) is also a public holiday, with an additional public holiday on the following Monday, January 2.
Over the Christmas period each year, different trading hours arrangements apply for Queensland retail shops and depend on the category of the retail shop. Extended trading also applies to areas throughout Queensland for the three Sundays before December 18 and from December 18-24 each year.
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. An exception applies if the business is a predominantly food or grocery store, which can trade without restriction.
It should be noted that recent amendments to the state’s Trading (Allowable Hours) Act 1990 allow regional six-day traders to now open between 9am and 6pm on public holidays, excluding closed days.
Northern Territory
The Northern Territory will observe its public holidays on Christmas Day (Sunday, December 25) and Boxing Day (Monday, December 26). There will be an additional public holiday on Tuesday, December 27 as Christmas Day falls on the weekend.
New Year’s Day (Sunday, January 1) is also a public holiday, with an additional public holiday on the following Monday, January 2.
Trading hours are mostly deregulated in the NT, however, there are some conditions for certain stores that sell liquor.
South Australia
Christmas Day (Sunday, December 25) and Boxing Day (Monday, December 26) are public holidays for South Australia, with an additional public holiday on Tuesday, December 27 due to Christmas festivities falling on the weekend.
New Year’s Day (Sunday, January 1) is also a public holiday, with an additional public holiday on the following Monday, January 2.
New laws kicked in for Adelaide businesses in November 2022, which has given them the right to open at 9am on Sundays. The legislation also allows shopping centres across metropolitan Adelaide to trade on Boxing Day from 9am to 5pm.
In addition, shops will be allowed to trade until midnight on up to three additional weekdays in the period between December 11 and December 23. This year, the three additional dates will be Thursday 15, Thursday 22 and Friday December 23.
On the additional public holidays on Tuesday 27 December and Monday 2 January, shops will be allowed to trade from 9am to 5pm.
Tasmania
Christmas Day (Sunday, December 25) and Boxing Day (Monday, December 26) are public holidays for Tasmanians, with an additional public holiday on Tuesday, December 27 as Christmas Day falls on the weekend.
New Year’s Day (Sunday, January 1) is also a public holiday, with an additional public holiday on the following Monday, January 2.
The state’s retail trading laws restrict large retailers from opening on Christmas Day.
Western Australia
Christmas Day (Sunday, December 25) and Boxing Day (Monday, December 26) are public holidays for Western Australia, with an additional public holiday also observed on Tuesday, December 27.
New Year’s Day (Sunday, January 1) is also a public holiday, with an additional public holiday on the following Monday, January 2.
The WA Government has approved 33 extra trading hours for general retail shops in the Perth metropolitan area, which will begin on Saturday, December 10, 2022, and end on Monday, January 2, 2023.
During this period, Sunday and public holiday trading has been extended for an extra four hours a day, between 8am to 6pm (normally 11am to 5pm), with an additional one hour on Saturdays, from 8am to 6pm (normally 8am to 5pm).
From Monday, December 19, 2022 until Christmas Eve inclusive, larger shops can choose to open one hour earlier from 7am until 9pm on weekdays.
More information about WA trading rules for the Christmas period is available here.
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