Statutory Holidays Act 2000

Statutory Holidays Act 2000

An Act to specify statutory holidays and to repeal the Bank Holidays Act 1919

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:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Statutory Holidays Act 2000 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Interpretation

(1)  In this Act –

public notice means a notice published –

(a) in the Gazette; and

(b) in one or more newspapers generally circulating in the State;

repealed Act means the Bank Holidays Act 1919 ;

statutory holiday means a day or part of a day specified in sections 4 and 5 .

(2)  Any reference to a public holiday, bank holiday or bank part holiday in any award or registered agreement under the Industrial Relations Act 1984 , any other agreement or any enactment of this State is taken to be a reference to a statutory holiday.

PART 2 - Statutory Holidays

4.   Statutory holidays

The following are statutory holidays:

(a) New Year's Day (1 January), unless that day falls on a Saturday or Sunday, in which case the Monday following New Year's Day;

(b) Australia Day (26 January), unless that day falls on a Saturday or Sunday, in which case the following Monday;

(c) the second Monday in March, known as Eight Hours Day or Labour Day;

(d) Good Friday;

(e) Easter Monday;

(f) Easter Tuesday;

(g) Anzac Day (25 April);

(h) the second Monday in June, for the anniversary of the birthday of the Sovereign;

(i) Christmas Day (25 December), unless that day falls on a Saturday or Sunday, in which case –

(i) the Monday following Christmas Day, if that day falls on a Saturday; or

(ii) the Tuesday following Christmas Day, if that day falls on a Sunday;

(j) Boxing Day (26 December), unless that day falls on a Saturday or Sunday, in which case –

(i) the Monday following Boxing Day, if that day falls on a Saturday; or

(ii) the Tuesday following Boxing Day, if that day falls on a Sunday.

5.   Local statutory holidays

(1)  The days specified in column 1 of Part 1 of Schedule 1 are statutory holidays for the full day in respect of the occasions specified in column 2 of that Part for the areas of the State specified in column 3 of that Part.

(2)  The days specified in column 1 of Part 2 of Schedule 1 are statutory holidays from 11.00 am in respect of the occasions specified in column 2 of that Part for the areas of the State specified in column 3 of that Part.

(3)  The Minister, by public notice, may amend Schedule 1 by –

(a) amending an item; and

(b) omitting an item; and

(c) inserting an item.

(4)  Before the Minister exercises any power referred to in subsection (3) , the Minister is to consult with –

(a) the Tasmanian Trades and Labor Council; and

(b) the Tasmanian Chamber of Commerce and Industry; and

(c) any employer and any other organisation the Minister considers appropriate.

(5)  If the Minister amends Schedule 1 by public notice under subsection (3) , the Minister is to table the notice in each House of Parliament within 5 sitting days after it is published.

6.   Act not affect entitlements

This Act does not –

(a) affect any existing entitlement of any employee in respect of any Saturday, Sunday, public holiday, bank holiday or bank part holiday under any award or registered agreement under the Industrial Relations Act 1984 , any other agreement or any enactment of this State; or

(b) create any such new entitlement not provided for in any such award, registered agreement, agreement or enactment.

PART 3 - Miscellaneous

7.   Savings and transitional provisions

(1)  In any Act, "bank holiday" or "bank part holiday" is taken to mean a statutory holiday.

(2)  Any day appointed by the Governor as a bank holiday or the part of any day appointed by the Governor as a bank part holiday under the repealed Act is taken to be a statutory holiday.

8.   Bank trading

For the purpose of the Bills of Exchange Act 1909 of the Commonwealth, the following days are bank holidays:

(a) the days specified in sections 4 and 5 ;

(b) Saturdays.

9.   Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  –

(a) the administration of this Act is assigned to the Minister for Infrastructure, Energy and Resources; and

(b) the department responsible to the Minister for Infrastructure, Energy and Resources in relation to the administration of this Act is the Department of Infrastructure, Energy and Resources.

10.    Bank Holidays Act 1919 repealed

The Bank Holidays Act 1919 is repealed.

SCHEDULE 1 - Statutory Holidays

Section 5

PART 1 - All Day

PART 2 - Part Day