Applying to trade on a restricted day
Find out the criteria and how to apply to trade on a restricted trading day.
Businesses eligible to apply for an exemption to trade on restricted trading days
The following businesses can open on restricted trading days:
- businesses that are not retail shops
- retail shops that are automatically exempt.
A retail shop that is not already exempt can apply for an exemption if:
- it can prove there are exceptional circumstances, and
- that is it in the public interest for it to open.
Please complete the Eligibility Check to help you decide if an application is required.
Retail Trading on Restricted Trading Days - Eligibility Check
Applying for an exemption to trade on restricted trading days
An application must be made at least 28 days before the day for which the exemption is sought.
The application will be published on our website for 14 days for public comment where all public feedback received during this time must be considered before a decision on the exemption is made.
To support your application, we recommend you refer to previous determinations across a variety of retail shops. You can find previous determinations at Current and previous applications to trade on a restricted day.
Guidance on exceptional circumstances and the public interest criteria
Exceptional circumstances refer to circumstances that are out of the ordinary, unusual, special, or uncommon. Traders have in the past found it difficult to establish exceptional circumstances. Exceptional circumstances typically do not include a retail shop:
- being located in a tourist destination
- being the sole shop of a particular shop type within an area
- servicing a local population comprising of elderly residents
- estimating an economic impact to the shop itself
- being proximate to local commemorative activities (for example Anzac Day services).
Public interest refers to the interest of the general public and to matters that might affect the public as a whole, not only that of individuals, employees, or employers.
For more details on the test for ‘exceptional circumstances’ and 'public interest', refer to Dwyer v Department of Services, Technology and Administration and Kmart Australia Limited [2010] NSWADT 312.
Complete and submit your application form
- Please complete the Eligibility Check to help you decide if an application is required.
- If an application is required, Apply to trade on a restricted day.
The exemption to trade application form and supporting documents must be submitted at least 28 days before the restricted trading day. Late applications cannot be considered.
Banks can apply for a weekend trading exemption
Application Form | Bank Open on Bank Close Day
How application decisions are published
Once a decision is made, NSW Fair Trading will publish on the Restricted trading day applications page with the order granting or refusing the exemption application and the reasons for the decision.