HOLIDAYS ACT 1958 - TABLE OF PROVISIONS 1. Name of Act 3. Public holidays 4. Bank holidays ENDNOTES HOLIDAYS ACT 1958 - LONG TITLE An Act to make provision with respect to public holidays and bank holidays HOLIDAYS ACT 1958 - SECT 1 Name of Act This Act is the Holidays Act 1958. HOLIDAYS ACT 1958 - SECT 3 Public holidays (1) Subject to subsections (2) and (5)-- (a) in any year each of the following days in that year is a public holiday in the ACT: (i) 1 January (New Year's day), or, if that day falls on a Saturday or Sunday, the following Monday; (ii) 26 January (Australia Day), or, if that day falls on a Saturday or Sunday, the following Monday; (iii) the 2nd Monday in March (Canberra Day); (iv) Good Friday; (v) the Saturday following Good Friday; (vi) the Monday following Good Friday; (vii) 25 April (Anzac Day), or, if that day falls on a Sunday, the following Monday; (viii) the 2nd Monday in June (the day for the observance of the anniversary of the birthday of the Sovereign); (ix) Family and Community Day; (x) the 1st Monday in October (Labour Day); (xi) Christmas Day, or, if that day falls on a Saturday or Sunday, the following Monday; (xii) 26 December (Boxing Day), or-- (A) if that day falls on a Saturday--the following Monday; or (B) if that day falls on a Sunday or Monday--the following Tuesday; and (b) any other day, or a part of any other day, that the Minister declares to be a public holiday in the ACT, or in a part of the ACT stated in the declaration, is a public holiday in the ACT or that part of the ACT. (2) If the Minister considers it is appropriate that a day mentioned in subsection (1) (a) should not, in a particular year, be a public holiday in the ACT, the Minister may declare that the day is not, in that year, a public holiday. (3) A declaration under subsection (1) (b) or (2) is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. (4) A declaration under subsection (2) in relation to a day must be notified under the Legislation Act not later than 1 week before the day. (5) If a person who is entitled under a modern award to a holiday on a weekday following a substituted public holiday and the weekday is not a public holiday under this Act, the substituted public holiday is not a public holiday for the person under this Act. (6) In this section: "Family and Community Day "means-- (a) the Monday after term 3 of the ACT school terms; or (b) if that Monday is Labour Day--the next Monday. Note For the ACT school terms--see www.det.act.gov.au. "modern award"--see the Fair Work Act 2009 (Cwlth), part 2-3. "substituted public holiday "means a day that is a public holiday because another day mentioned in subsection (1) (a) is a Saturday or Sunday. HOLIDAYS ACT 1958 - SECT 4 Bank holidays (1) Subject to subsection (2)-- (a) any day, or part of a day, that in any year is a public holiday in the ACT or a part of the ACT under section 3 is a bank holiday in the ACT or that part of the ACT; and (b) the 1st Monday in August of each year is a bank holiday in the ACT; and (c) any other day, or a part of any other day that the Minister declares to be a bank holiday in the ACT, or in a part of the ACT stated in the declaration, is a bank holiday in the ACT or that part of the ACT. (2) If the Minister considers it is appropriate that a day mentioned in subsection (1) (a) or (b) should not, in a particular year, be a bank holiday in the ACT, the Minister may declare that the day is not, in that year, a bank holiday. (3) A declaration under subsection (1) (c) or (2) is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. (4) A declaration under subsection (2) in relation to a day must be notified under the Legislation Act not later than 1 week before the day. HOLIDAYS ACT 1958 - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly pt = part div = division r = rule/subrule exp = expires/expired renum = renumbered Gaz = gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired 3 Legislation history This Act was originally a Commonwealth ordinance--the Holidays Ordinance 1958 No 19 (Cwlth). The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day). As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day). Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12). After 11 May 1989 and before 10 November 1999, Acts commenced on their notification day unless otherwise stated (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth) s 25). Legislation before becoming Territory enactment Holidays Act 1958 No 19 notified 2 October 1958 commenced 2 October 1958 as amended by Holidays (Amendment) Ordinance 1980 No 1 notified 1 February 1980 commenced 1 February 1980 Holidays (Amendment) Ordinance 1982 No 8 notified 19 March 1982 commenced 19 March 1982 Holidays (Amendment) Ordinance 1988 No 90 notified 21 December 1988 commenced 21 December 1988 Legislation after becoming Territory enactment Holidays (Amendment) Act 1992 No 43 notified 8 July 1992 (Gaz 1992 No S103) commenced 8 July 1992 Holidays (Amendment) Act 1997 No 2 notified 28 February 1997 (Gaz 1997 No S54) commenced 28 February 1997 (s 2) Holidays Amendment Act 1999 No 67 notified 15 December 1999 (Gaz 1999 No 50) commenced 15 December 1999 (s 2) Legislation (Consequential Amendments) Act 2001 No 44 pt 185 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 185 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Statute Law Amendment Act 2005 (No 2) A2005-62 sch 3 pt 3.11 notified LR 21 December 2005 s 1, s 2 commenced 21 December 2005 (LA s 75 (1)) sch 3 pt 3.11 commenced 11 January 2006 (s 2 (1)) Holidays (Canberra Day) Amendment Act 2007 A2007-30 notified LR 2 October 2007 s 1, s 2 commenced 2 October 2007 (LA s 75 (1)) remainder commenced 3 October 2007 (s 2) Holidays (Family and Community Day) Amendment Act 2009 A2009-46 notified LR 25 November 2009 s 1, s 2 commenced 25 November 2009 (LA s 75 (1)) remainder commenced 26 November 2009 (s 2) 4 Amendment history Name of Acts 1 sub A2005-62 amdt 3.120 Repeals 2 om 2001 No 44 amdt 1.2107 Public holidayss 3 am 1980 No 1; 1982 No 8; 1988 No 90; 1992 No 43; 1999 No 67 s 4; 2001 No 44 amdts 1.2108-1.2111; R4 LA (see 2001 No 44 amdt 1.2112); subpars renum R4 LA; A2005-62 amdts 3.121-3.124; A2007-30 s 4 note to (1) (a) (iii) exp 19 March 2008 (s 6 (3) (LA s 88 declaration applies)) am A2009-46 ss 4-6; pars renum R8 LA Bank holidayss 4 am 1992 No 43; 2001 No 44 amdt 1.2113-1.2116; A2005-62 amdt 3.125, amdt 3.126 Union picnic days 5 ins 1997 No 2 om A2009-46 s 7 Canberra Day public holiday for 2007s 6 ins A2007-30 s 5 exp 19 March 2008 (s 6 (3) (LA s 88 declaration applies)) Schedule 1sch 1 hdg renum R4 LAsch 1 (prev sch) ins 1997 No 2 am R4 LA om A2009-46 s 8 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 Ord 1988 No 90 30 June 1991 2 Act 1992 No 43 31 August 1992 3 Act 1997 No 2 31 January 1998 4 A2001-44 14 January 2002 5 A2005-62 11 January 2006 6 A2007-30 3 October 2007 7 A2007-30 20 March 2008 (c) Australian Capital Territory 2009 HOLIDAYS ACT 1958 - NOTES Australian Capital Territory A1958-19 Republication No 8 Effective: 26 November 2009 Republication date: 26 November 2009 Last amendment made by A2009-46Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Holidays Act 1958 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 November 2009 . It also includes any amendment, repeal or expiry affecting the republished law to 26 November 2009 . The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133). Australian Capital Territory Holidays Act 1958 Endnotes Australian Capital Territory Holidays Act 1958