Bank Holidays Act 1919

Bank Holidays Act 1919

An Act to make provision for bank holidays

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Bank Holidays Act 1919 .

2.   References to certain awards

[Section 2 Inserted by No. 103 of 1987, s. 4 ]A reference in this Act to an award made by the Tasmanian Industrial Commission under the Industrial Relations Act 1984 includes a reference to a variation under that Act of such an award.

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4.   Bank holidays

[Section 4 Subsection (1) amended by 7 & 8 Geo. VI No. 81, s. 2 ][Section 4 Subsection (1) amended by No. 45 of 1948, s. 2 ][Section 4 Subsection (1) amended by No. 44 of 1953, s. 3 ][Section 4 Subsection (1) amended by No. 45 of 1953, s. 2 ][Section 4 Subsection (1) amended by No. 103 of 1987, s. 5 ][Section 4 Subsection (1) amended by No. 25 of 1989, s. 4 ][Section 4 Subsection (1) amended by No. 56 of 1993, s. 4 ]

(1)  [Section 4 Subsection (1) amended by 18 Geo. V No. 33, s. 2 ]The following days (herein referred to as "bank holidays") shall be kept as close holidays in all banks:

(a) Good Friday, and the day after Good Friday, and Easter Monday, and Easter Tuesday;

(b) New Year's Day: Provided that when New Year's Day falls upon a Saturday or a Sunday the following Monday shall be a bank holiday and shall, for the purposes of section 11 , be deemed to be the day on which New Year's Day is publicly observed;

(c) Christmas Day and Boxing Day: Provided that –

(i) when Christmas Day falls on a Friday the following Monday shall also be a bank holiday and, for the purposes of section 11 , Boxing Day shall be deemed to be publicly observed on that Monday and not on the preceding Saturday; and

(ii) when Christmas Day falls on a Saturday or Sunday the following Monday and Tuesday shall be bank holidays and shall, for the purposes of section 11 , be deemed to be the days on which Christmas Day and Boxing Day respectively are publicly observed;

(d) 26 January, unless that day is a Saturday or Sunday in which case the following Monday;

(e) .  .  .  .  .  .  .  .  

(f) 25th April;

(g) The first Monday in March which shall be known as Eight Hours Day;

(h) The anniversary of the birthday of the Sovereign, which shall be observed on such day in each year as the Governor may appoint for that purpose; and

(i) Saturday, subject to subsection (1A) .

(1A)  [Section 4 Subsection (1A) inserted by No. 103 of 1987, s. 5 ]A reference to a public or bank holiday in –

(a) an award or order made, or an industrial agreement approved, by the Tasmanian Industrial Commission under the Industrial Relations Act 1984 ; or

(b) any other agreement relating to work –

whether made, or, as the case may be, approved, before or after the commencement of the Bank Holidays Amendment Act 1987 , shall not be deemed to be a reference to a day on which banks are required to be closed under subsection (1) (i) .

(2)  [Section 4 Subsection (2) amended by No. 25 of 1989, s. 4 ]All courts and persons acting judicially shall take judicial notice of the anniversary of the birthday of the Sovereign.

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7.   Payments on bank holidays

No person shall be compellable to make any payment or to do any act upon any bank holiday which he would not be compellable to do or make upon a Sunday, and the obligation to make such payment and do such act shall apply to the day following such bank holiday, and the making of such payment and doing such act on such following day shall be equivalent to payment of the money or performance of the act on the holiday.

8.   Appointment of special bank holidays

[Section 8 Amended by No. 36 of 1958, s. 4 and Sched. 3 ]

(1)  The Governor may appoint a special day to be observed as a bank holiday, either throughout Tasmania or in any part thereof, or in any city, town, or district therein, and may in like manner cancel any such appointment.

(2)  Any day so appointed shall be kept as a close holiday in all banks within the locality so fixed by the Governor.

(3)  The Minister shall cause a notification that such day has been appointed a bank holiday to be published in the Gazette, and in such one or more newspapers as he deems advisable.

9.   Appointment of special bank part holidays

[Section 9 Amended by No. 36 of 1958, s. 4 and Sched. 3 ]

(1)  The Governor may appoint part of any specified day to be observed as a bank part holiday, either throughout Tasmania or in any part thereof, or in any city, town, or district therein, and may in like manner cancel any such appointment.

(2)  The part of any specified day so appointed a bank part holiday shall be kept as a close holiday in all banks within the locality so fixed by the Governor.

(3)  The Minister shall cause a notification that part of such day, specifying the same, has been appointed a bank part holiday to be published in the Gazette, and in such one or more newspapers as he deems advisable.

10.   Power of Governor to alter day appointed for bank holiday

[Section 10 Amended by No. 36 of 1958, s. 4 and Sched. 3 ]

(1)  The Governor may declare that any day appointed for a bank holiday in any year by this Act shall not be a bank holiday for that year, and may appoint another day to be a bank holiday instead, and the day so appointed shall be a bank holiday accordingly.

(2)  The powers conferred by this subsection may be exercised either with reference to the whole of Tasmania or any part thereof.

(3)  The Minister shall cause a notification that the day so appointed by the Governor has been substituted for the day appointed by this Act, to be published in the Gazette and in such one or more newspapers as the Minister may deem advisable.

11.   Interpretation of reference in certain awards, &c., to holidays, &c.

(1)  [Section 11 Subsection (1) amended by No. 103 of 1987, s. 6 ]Where in –

(a) an award or order made, or an industrial agreement approved, by the Tasmanian Industrial Commission under the Industrial Relations Act 1984 ; or

(b) any other agreement relating to work made –

before or after the commencement of the Bank Holidays Amendment Act 1987 , reference is made to a holiday, public holiday, or bank holiday, that reference shall be deemed to relate to the day on which that holiday is publicly observed under this Act.

(2)  [Section 11 Subsection (2) added by No. 45 of 1948, s. 3 ][Section 11 Subsection (2) amended by No. 103 of 1987, s. 6 ]Where, in an award or order made, or an industrial agreement approved, as mentioned in subsection (1) (a) , before or after the commencement of the Bank Holidays Amendment Act 1987 or in any other agreement relating to work made before or after that commencement, a reference is made to –

(a) a day observed in lieu of, or in substitution for, any bank holiday (whether such bank holiday is therein referred to as a holiday, or a public holiday, or a bank holiday); or

(b) a day on which any bank holiday (whether such bank holiday is therein referred to as a holiday, a public holiday, or a bank holiday) is generally or publicly observed, either throughout the State or in any locality –

such reference shall be read and construed as a reference to the day on which such bank holiday is publicly observed under this Act.

12.   Half holidays

[Section 12 Amended by 25 Geo. V No. 78 ][Section 12 Amended by No. 36 of 1958, s. 4 and Sched. 3 ]

(1)  Every bank on obtaining permission in writing of the Minister, and on giving the public notice hereinafter mentioned, may close the bank or any branch of the bank to business after noon on any day.

(2)  The bank shall give public notice of such closing by advertisement published at least 24 hours before the day or first day of such closing in at least two issues of a newspaper.

(3)  The whole of the day on which any bank or branch is closed to business after noon under this section shall, for all the purposes of this Act, be deemed to be a bank holiday, so far as regards bills of exchange and promissory notes payable on that day at any such bank or branch and not presented for payment before noon on such day.

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14.   Doubts removal

[Section 14 Inserted by No. 17 of 1996 ]For the avoidance of doubt, it is declared that, where, before the commencement of the Bank Holidays Amendment Act 1989 , a special day was appointed under section 8 to be observed as a bank holiday in any part of Tasmania, or in any city, town or district, in relation to holding, in any year, of the regatta known successively as the Hobart Regatta and the Royal Hobart Regatta, the first Monday in November in that year was not, and is not, for any purpose, to be taken to have been, a bank holiday in that part, or that city, town or district.

SCHEDULE 1 - Acts to be repealed

Section 2