HOLIDAYS ACT 1910 TABLE OF PROVISIONS 1. Short title 3. Days fixed as holidays 3A. Anzac Day 3B. Christmas Eve and New Year's Eve 4. Special holidays may be proclaimed 4A. Bank half-holidays 5. Governor may substitute another day for day appointed 6. Public offices and ADIs to be closed on holidays 7. Payments and other acts on holidays or Saturdays SCHEDULE 2--Holidays Legislative history HOLIDAYS ACT 1910 - LONG TITLE An Act to consolidate and amend the laws constituting public holidays and bank holidays, and for other purposes. HOLIDAYS ACT 1910 - SECT 1 1--Short title This Act may be cited as the Holidays Act 1910. HOLIDAYS ACT 1910 - SECT 3 3--Days fixed as holidays (1) The days mentioned in Schedule 2 will be public holidays and bank holidays but-- (a) when a day mentioned in Part 2 of Schedule 2 falls on a Saturday, the following Monday will be a public holiday instead of that day and that day and the following Monday will be bank holidays; and (b) when a day mentioned in Part 2 of Schedule 2 falls on a Sunday, that day and the following Monday will be public holidays and bank holidays. (2) 26 December will be a public holiday and a bank holiday but-- (a) when 26 December falls on a Saturday, the following Monday will be a public holiday instead of that day and that day and the following Monday will be bank holidays; and (b) when 26 December falls on a Sunday or a Monday, that day and the following Tuesday will be public holidays. HOLIDAYS ACT 1910 - SECT 3A 3A--Anzac Day In addition to the days mentioned in Schedule 2, 25 April will be a public holiday and bank holiday but when that day falls on a Sunday, that day and the following Monday will be public holidays and bank holidays. HOLIDAYS ACT 1910 - SECT 3B 3B--Christmas Eve and New Year's Eve The part of the day from 7pm to 12 o'clock midnight on-- (a) 24 December; and (b) 31 December, will be a public holiday (a "part-day public holiday). HOLIDAYS ACT 1910 - SECT 4 4--Special holidays may be proclaimed (1) The Governor may, by proclamation, appoint a special day to be a public holiday or bank holiday in a year either-- (a) throughout the State; or (b) within a district or locality specified in the proclamation. (2) The Governor may, by subsequent proclamation, vary or revoke a proclamation made under this section. HOLIDAYS ACT 1910 - SECT 4A 4A--Bank half-holidays (1) The Governor may, by proclamation, appoint a part of any specified day to be a bank half-holiday either-- (a) throughout the State; or (b) within a district or locality specified in the proclamation. (2) When a bank half-holiday is so proclaimed, section 7 applies in relation to the day on which that half-holiday occurs as if the whole of that day had been proclaimed a bank holiday. (3) The Governor may, by subsequent proclamation, vary or revoke a proclamation made under this section. HOLIDAYS ACT 1910 - SECT 5 5--Governor may substitute another day for day appointed (1) The Governor may, by proclamation, declare some other day to be a public holiday or bank holiday in a year instead of a day by this Act appointed a public holiday or bank holiday, and in that case that other day will in that year be substituted as a public holiday or bank holiday for the day appointed by this Act. (2) The Governor may, by subsequent proclamation, vary or revoke a proclamation made under this section. HOLIDAYS ACT 1910 - SECT 6 6--Public offices and ADIs to be closed on holidays (1) Subject to subsection (2), all offices of the Public Service will be closed on public holidays, and all ADIs will be closed on bank holidays, but nothing in this Act-- (a) authorises the closing on a public holiday of an office of the Public Service that is specially required by law to be kept open on the public holiday; or (b) prevent the responsible Minister in charge of an administrative unit from requiring the services of any or all of the officers of the unit during a public holiday in case of emergency. (2) Subsection (1) does not require the closure of an ADI on a bank holiday if the opening of the ADI on that day is authorised by a proclamation under subsection (3). (3) The Governor may, by proclamation, authorise the opening of ADIs within a specified area on a bank holiday or holidays specified in the proclamation. (4) The Governor may, by subsequent proclamation, vary or revoke a proclamation made under this section. HOLIDAYS ACT 1910 - SECT 7 7--Payments and other acts on holidays or Saturdays (1) No person is compellable to make a payment or do an act on a public holiday, bank holiday or Saturday that the person would not be compellable to make or do on Sunday. (2) When, except for the provisions of this section, a person would be obliged to make a payment or do an act on a public holiday, bank holiday or Saturday, the obligation applies to the next day following that is not a public holiday, bank holiday or Saturday, and payment or performance on that day will be due payment of the money or performance of the act, but nothing in this Act exempts a person from making a payment or doing an act on a public holiday, bank holiday or Saturday that the person is by law specially required to make or do on that day. (3) A reference in this section to a public holiday does not include a part-day public holiday. HOLIDAYS ACT 1910 - SCHEDULE 2 Schedule 2--Holidays Part 1 Sunday. Good Friday. The day after Good Friday. Easter Monday. The third Monday in May. The second Monday in June. The first Monday in October. Part 2 1 January. 26 January. Christmas Day. HOLIDAYS ACT 1910 - NOTES Legislative history Notes * Please note--References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. * Earlier versions of this Act (historical versions) are listed at the end of the legislative history. * For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Legislation repealed by principal Act The Holidays Act 1910 repealed the following: Bank Holidays Act 1873 The Bank Holidays Amendment Act 1893 The Holidays Act 1909 Legislation amended by principal Act The Holidays Act 1910 amended the following: Civil Service Act 1874 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement 1910 1010 Holidays Act 1910 30.11.1910 30.11.1910 1922 1547 Holidays Act Amendment Act 1922 as amended by 2246/1935 21.12.1922 21.12.1922 1935 2246 Statute Law Revision Act 1935 19.12.1935 19.12.1935 1947 6 Holidays Act Amendment Act 1947 2.10.1947 2.10.1947 1958 29 Holidays Act Amendment Act 1958 as amended by 21/1959 and 24/1975 13.11.1958 8.1.1960 (Gazette 17.12.1959 p1504) 1959 21 Holidays Act Amendment Act 1959 26.11.1959 26.11.1959 1970 46 Holidays Act Amendment Act 1970 10.12.1970 10.12.1970 1973 60 Holidays Act Amendment Act 1973 22.11.1973 22.11.1973 1975 24 Statute Law Revision Act 1975 27.3.1975 27.3.1975 1980 109 Holidays Act Amendment Act 1980 18.12.1980 18.12.1980 1985 97 Holidays Act Amendment Act 1985 1.11.1985 1.11.1985 1989 10 Holidays Act Amendment Act 1989 30.3.1989 30.3.1989 1991 36 Holidays (Labour Day) Amendment Act 1991 26.9.1991 31.10.1991 (Gazette 31.10.1991 p1198) 1993 88 Holidays (Proclamation Day, Australia Day and Bank Holidays) Amendment Act 1993 4.11.1993 4.11.1993 (Gazette 4.11.1993 p2168) 1997 30 Statutes Amendment (References to Banks) Act 1997 12.6.1997 Pt 9 (s 11)--3.7.1997 (Gazette 3.7.1997 p4) 1999 33 Financial Sector Reform (South Australia) Act 1999 17.6.1999 Sch (item 28)--1.7.1999 being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2(2) 2002 41 Holidays (Adelaide Cup and Volunteers Day) Amendment Act 2002 5.12.2002 10.7.2003 (Gazette 10.7.2003 p2913) 2012 6 Statutes Amendment (Shop Trading and Holidays) Act 2012 2.4.2012 Pt 3 (ss 6--8)--2.4.2012 (Gazette 2.4.2012 p1318) Provisions amended since 3 February 1976 * Legislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 4 of The Public General Acts of South Australia 1837-1975 at page 706. New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement s 2 deleted by 41/2002 Sch 10.7.2003 s 2A inserted by 30/1997 s 11 3.7.1997 deleted by 33/1999 Sch (item 28) 1.7.1999 s 3 amended by 109/1980 s 2 18.12.1980 substituted by 88/1993 s 3 4.11.1993 s 3(1) substituted by 41/2002 s 3(a) 10.7.2003 s 3(2) amended by 41/2002 s 3(b) 10.7.2003 s 3A substituted by 41/2002 s 4 10.7.2003 s 3B substituted by 88/1993 s 4 4.11.1993 deleted by 41/2002 s 4 10.7.2003 s 3B inserted by 6/2012 s 6 2.4.2012 s 4 s 4(1) amended by 41/2002 s 5(a), Sch 10.7.2003 s 4(2) substituted by 41/2002 s 5(b) 10.7.2003 s 4A s 4A(1) and (2) amended by 41/2002 Sch 10.7.2003 s 4A(3) inserted by 41/2002 s 6 10.7.2003 s 5 s 5(1) s 5 redesignated as s 5(1) by 109/1980 s 3 18.12.1980 amended by 41/2002 Sch 10.7.2003 s 5(2) inserted by 109/1980 s 3 18.12.1980 amended by 41/2002 Sch 10.7.2003 s 5A inserted by 41/2002 s 7 10.7.2003 expired: s 5A(7)--omitted under Legislation Revision and Publication Act 2002 (10.7.2005) s 6 s 6(1) s 6 amended and redesignated as s 6(1) by 97/1985 s 2 1.11.1985 amended by 33/1999 Sch (item 28) 1.7.1999 amended by 41/2002 Sch 10.7.2003 s 6(2) inserted by 97/1985 s 2(b) 1.11.1985 substituted by 10/1989 s 2 30.3.1989 amended by 33/1999 Sch (item 28) 1.7.1999 s 6(3) inserted by 97/1985 s 2(b) 1.11.1985 substituted by 10/1989 s 2 30.3.1989 amended by 33/1999 Sch (item 28) 1.7.1999 amended by 41/2002 Sch 10.7.2003 s 6(4) inserted by 10/1989 s 2 30.3.1989 s 7 s 7(1) amended by 88/1993 s 5(a) 4.11.1993 amended by 41/2002 Sch 10.7.2003 s 7(2) amended by 88/1993 s 5(b) 4.11.1993 amended by 41/2002 Sch 10.7.2003 s 7(3) inserted by 6/2012 s 7 2.4.2012 Sch 1 deleted by 41/2002 Sch 10.7.2003 Sch 2 Pt 1 amended by 109/1980 s 4 18.12.1980 amended by 36/1991 s 3 31.10.1991 Pt 2 substituted by 88/1993 s 6 4.11.1993 Pt 3 deleted by 88/1993 s 6 4.11.1993 Sch 3 deleted by 88/1993 s 7 4.11.1993 Transitional etc provisions associated with Act or amendments Statutes Amendment (Shop Trading and Holidays) Act 2012 8--Review (1) The Minister must cause a review of the operation of section 3B of the Holidays Act 1910 (as to be inserted into that Act by section 6 of this Act) to be conducted and a report on the results of the review to be submitted to him or her. (2) The review must include an assessment of the impact of the introduction of part-day public holidays on government, business and the community, including the additional costs resulting from part-day public holidays and, in particular, any additional Government expenditure in each financial year on matters relating to part-day public holidays (such as expenditure on wages and funding to organisations to compensate for the additional costs to those organisations resulting from part-day public holidays). (3) The review must be commenced on 1 January 2013 and the report must be submitted to the Minister within 3 months after the commencement of the review. (4) The Minister must, within 6 sitting days after receiving the report, cause copies of the report to be laid before both Houses of Parliament. Historical versions Reprint No 1--15.8.1991 Reprint No 2--31.10.1991 Reprint No 3--4.11.1993 Reprint No 4--3.7.1997 Reprint No 5--1.7.1999 Reprint No 6--10.7.2003