{"id":"a-1958-19","name":"Holidays Act 1958","slug":"holidays-act-1958","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"19 of 1958","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23718,"registerId":"act-a-1958-19-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Holidays Act 1958","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nHolidays Act 1958\nA1958-19\nRepublication No 11\nEffective: 1 January 2018\nRepublication date: 1 January 2018\nLast amendment made by A2017-29\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Holidays Act 1958 (including any amendment made under the\nLegislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 January 2018. It also\nincludes any commencement, amendment, repeal or expiry affecting this republished law to\n1 January 2018.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the\nACT legislation register at www.legislation.act.gov.au):\n authorised republications to which the Legislation Act 2001 applies\n unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made\nby an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).\nThe changes are made if the Parliamentary Counsel considers they are desirable to bring the law\ninto line, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M\nappears immediately before the provision heading. The text of the modifying provision appears\nin the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $150 for\nan individual and $750 for a corporation (see Legislation Act 2001, s 133).\n\nR11\n01/01/18\nHolidays Act 1958\nEffective: 01/01/18\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nHolidays Act 1958\nContents\nPage\n1 Name of Act 2\n3 Public holidays 2\n4 Bank holidays 4\nEndnotes\n1 About the endnotes 5\n2 Abbreviation key 5\n3 Legislation history 6\n4 Amendment history 9\n5 Earlier republications 10\n\n\n\nR11\n01/01/18\nHolidays Act 1958\nEffective: 01/01/18\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nHolidays Act 1958\nAn Act to make provision with respect to public holidays and bank holidays\n\nSection 1\npage 2 Holidays Act 1958\nEffective: 01/01/18\nR11\n01/01/18\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of Act\nThis Act is the Holidays Act 1958.\n3 Public holidays\n(1) Subject to subsections (2) and (5)—\n(a) in any year each of the following days in that year is a public\nholiday in the ACT:\n(i) 1 January (New Year’s day), and, if that day falls on a\nSaturday or Sunday, the following Monday;\n(ii) 26 January (Australia Day), or, if that day falls on a\nSaturday or Sunday, the following Monday;\n(iii) the 2nd Monday in March (Canberra Day);\n(iv) Good Friday;\n(v) the Saturday following Good Friday;\n(vi) Easter Sunday;\n(vii) the Monday following Good Friday;\n(viii) 25 April (Anzac Day), or, if that day falls on a Sunday,\nthe following Monday;\n(ix) 27 May (Reconciliation Day), or, if that day is not a\nMonday, the following Monday;\n(x) the 2nd Monday in June (the day for the observance of the\nanniversary of the birthday of the Sovereign);\n(xi) the 1st Monday in October (Labour Day);\n\nSection 3\nR11\n01/01/18\nHolidays Act 1958\nEffective: 01/01/18\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(xii) 25 December (Christmas Day) and—\n(A) if that day falls on a Saturday—the following\nMonday; or\n(B) if that day falls on a Sunday—the following\nTuesday;\n(xiii) 26 December (Boxing Day) and—\n(A) if that day falls on a Saturday—the following\nMonday; or\n(B) if that day falls on a Sunday—the following\nTuesday; and\n(b) any other day, or a part of any other day, that the Minister\ndeclares to be a public holiday in the ACT, or in a part of the\nACT stated in the declaration, is a public holiday in the ACT\nor that part of the ACT.\n(2) If the Minister considers it is appropriate that a day mentioned in\nsubsection (1) (a) should not, in a particular year, be a public\nholiday in the ACT, the Minister may declare that the day is not, in\nthat year, a public holiday.\n(3) A declaration under subsection (1) (b) or (2) is a notifiable\ninstrument.\nNote A notifiable instrument must be notified under the Legislation Act.\n(4) A declaration under subsection (2) in relation to a day must be\nnotified under the Legislation Act not later than 1 week before the\nday.\n(5) If a person who is entitled under a modern award to a holiday on a\nweekday following a substituted public holiday and the weekday is\nnot a public holiday under this Act, the substituted public holiday is\nnot a public holiday for the person under this Act.\n\nSection 4\npage 4 Holidays Act 1958\nEffective: 01/01/18\nR11\n01/01/18\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(6) In this section:\nmodern award—see the Fair Work Act 2009 (Cwlth), part 2-3.\nsubstituted public holiday means a day that is a public holiday\nbecause another day mentioned in subsection (1) (a) is a Saturday or\nSunday.\n4 Bank holidays\n(1) Subject to subsection (2)—\n(a) any day, or part of a day, that in any year is a public holiday in\nthe ACT or a part of the ACT under section 3 is a bank holiday\nin the ACT or that part of the ACT; and\n(b) the 1st Monday in August of each year is a bank holiday in the\nACT; and\n(c) any other day, or a part of any other day that the Minister\ndeclares to be a bank holiday in the ACT, or in a part of the\nACT stated in the declaration, is a bank holiday in the ACT or\nthat part of the ACT.\n(2) If the Minister considers it is appropriate that a day mentioned in\nsubsection (1) (a) or (b) should not, in a particular year, be a bank\nholiday in the ACT, the Minister may declare that the day is not, in\nthat year, a bank holiday.\n(3) A declaration under subsection (1) (c) or (2) is a notifiable\ninstrument.\nNote A notifiable instrument must be notified under the Legislation Act.\n(4) A declaration under subsection (2) in relation to a day must be\nnotified under the Legislation Act not later than 1 week before the\nday.\n\nEndnotes\nAbout the endnotes 1\nR11\n01/01/18\nHolidays Act 1958\nEffective: 01/01/18\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished\nlaw but are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The\ndetails of these laws are underlined in the legislation history. Uncommenced\nexpiries are underlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 6 Holidays Act 1958\nEffective: 01/01/18\nR11\n01/01/18\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis Act was originally a Commonwealth ordinance—the Holidays Ordinance\n1958 No 19 (Cwlth).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)\nconverted most former Commonwealth ordinances in force in the ACT into ACT\nenactments. This allowed the ACT Legislative Assembly to amend and repeal the\nlaws. This Act was converted into an ACT enactment on 11 May 1989\n(self government day).\nAs with most ordinances in force in the ACT, the name was changed from\nOrdinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21,\ns 5 on 11 May 1989 (self-government day).\nBefore 11 May 1989, ordinances commenced on their notification day unless\notherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth),\ns 12).\nAfter 11 May 1989 and before 10 November 1999, Acts commenced on their\nnotification day unless otherwise stated (see Australian Capital Territory (Self-\nGovernment) Act 1988 (Cwlth) s 25).\nLegislation before becoming Territory enactment\nHolidays Act 1958 A1958-19\nnotified 2 October 1958\ncommenced 2 October 1958\nas amended by\nHolidays (Amendment) Ordinance 1980 Ord1980-1\nnotified 1 February 1980\ncommenced 1 February 1980\nHolidays (Amendment) Ordinance 1982 Ord1982-8\nnotified 19 March 1982\ncommenced 19 March 1982\nHolidays (Amendment) Ordinance 1988 Ord1988-90\nnotified 21 December 1988\ncommenced 21 December 1988\n\nEndnotes\nLegislation history 3\nR11\n01/01/18\nHolidays Act 1958\nEffective: 01/01/18\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nLegislation after becoming Territory enactment\nHolidays (Amendment) Act 1992 A1992-43\nnotified 8 July 1992 (Gaz 1992 No S103)\ncommenced 8 July 1992\nHolidays (Amendment) Act 1997 A1997-2\nnotified 28 February 1997 (Gaz 1997 No S54)\ncommenced 28 February 1997 (s 2)\nHolidays Amendment Act 1999 A1999-67\nnotified 15 December 1999 (Gaz 1999 No 50)\ncommenced 15 December 1999 (s 2)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 185\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 185 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nStatute Law Amendment Act 2005 (No 2) A2005-62 sch 3 pt 3.11\nnotified LR 21 December 2005\ns 1, s 2 commenced 21 December 2005 (LA s 75 (1))\nsch 3 pt 3.11 commenced 11 January 2006 (s 2 (1))\nHolidays (Canberra Day) Amendment Act 2007 A2007-30\nnotified LR 2 October 2007\ns 1, s 2 commenced 2 October 2007 (LA s 75 (1))\nremainder commenced 3 October 2007 (s 2)\nHolidays (Family and Community Day) Amendment Act 2009\nA2009-46\nnotified LR 25 November 2009\ns 1, s 2 commenced 25 November 2009 (LA s 75 (1))\nremainder commenced 26 November 2009 (s 2)\nHolidays Amendment Act 2014 A2014-28\nnotified LR 18 August 2014\ns 1, s 2 commenced 18 August 2014 (LA s 75 (1))\nremainder commenced 19 August 2014 (s 2)\n\nEndnotes\n3 Legislation history\npage 8 Holidays Act 1958\nEffective: 01/01/18\nR11\n01/01/18\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nHolidays Amendment Act 2015 A2015-51\nnotified LR 25 November 2015\ns 1, s 2 commenced 25 November 2015 (LA s 75 (1))\nremainder commenced 26 November 2015 (s 2)\nHolidays (Reconciliation Day) Amendment Act 2017 A2017-29\nnotified LR 27 September 2017\ns 1, s 2 commenced 27 September 2017 (LA s 75 (1))\nremainder commenced 1 January 2018 (s 2)\n\nEndnotes\nAmendment history 4\nR11\n01/01/18\nHolidays Act 1958\nEffective: 01/01/18\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nName of Act\ns 1 sub A2005-62 amdt 3.120\nRepeal\ns 2 om A2001-44 amdt 1.2107\nPublic holidays\ns 3 am Ord1980-1; Ord1982-8; Ord1988-90; A1992-43; A1999-67\ns 4; A2001-44 amdts 1.2108-1.2111; R4 LA (see A2001-44\namdt 1.2112); subpars renum R4 LA; A2005-62\namdts 3.121-3.124; A2007-30 s 4\nnote to (1) (a) (iii) exp 19 March 2008 (s 6 (3) (LA s 88\ndeclaration applies))\nam A2009-46 ss 4-6; pars renum R8 LA; A2014-28 s 4, s 5;\nA2015-51 s 4; pars renum R10 LA; A2017-29 ss 4-6; pars\nrenum R11 LA\nBank holidays\ns 4 am A1992-43; A2001-44 amdt 1.2113-1.2116; A2005-62\namdt 3.125, amdt 3.126\nUnion picnic day\ns 5 ins A1997-2\nom A2009-46 s 7\nCanberra Day public holiday for 2007\ns 6 ins A2007-30 s 5\nexp 19 March 2008 (s 6 (3) (LA s 88 declaration applies))\nSchedule 1\nsch 1 hdg renum R4 LA\nsch 1 (prev sch) ins A1997-2\nam R4 LA\nom A2009-46 s 8\n\nEndnotes\n5 Earlier republications\npage 10 Holidays Act 1958\nEffective: 01/01/18\nR11\n01/01/18\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications\nare marked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n30 June 1991\n11 May 1989–\n7 July 1992\nOrd1988-90 initial republication\nsince self-\ngovernment\nR1 (RI)\n24 Sept 2013\n11 May 1989–\n7 July 1992\nOrd1988-90 reissue of printed\nversion\nR2\n31 Aug 1992\n8 July 1992–\n27 Feb 1997\nA1992-43 amendments by\nA1992-43\nR2 (RI)\n24 Sept 2013\n8 July 1992–\n27 Feb 1997\nA1992-43 reissue of printed\nversion\nR3\n31 Jan 1998\n28 Feb 1997–\n14 Dec 1999\nA1997-2 amendments by\nA1997-2\nR3 (RI)\n24 Sept 2013\n28 Feb 1997–\n14 Dec 1999\nA1997-2 reissue of printed\nversion\nR3A\n24 Sept 2013\n15 Dec 1999–\n11 Sept 2001\nA1999-67 amendments by\nA1999-67\nR4\n14 Jan 2002\n12 Sept 2001–\n10 Jan 2006\nA2001-44 amendments by\nA2001-44\nR5\n11 Jan 2006\n11 Jan 2006–\n2 Oct 2007\nA2005-62 amendments by\nA2005-62\nR6\n3 Oct 2007\n3 Oct 2007–\n19 Mar 2008\nA2007-30 amendments by\nA2007-30\nR7\n20 Mar 2008\n20 Mar 2008–\n25 Nov 2009\nA2007-30 commenced expiry\nR8\n26 Nov 2009\n26 Nov 2009–\n18 Aug 2014\nA2009-46 amendments by\nA2009-46\n\nEndnotes\nEarlier republications 5\nR11\n01/01/18\nHolidays Act 1958\nEffective: 01/01/18\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR9\n19 Aug 2014\n19 Aug 2014–\n25 Nov 2015\nA2014-28 amendments by\nA2014-28\nR10\n26 Nov 2015\n26 Nov 2015–\n31 Dec 2017\nA2015-51 amendments by\nA2015-51\n© Australian Capital Territory 2018","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original purpose of designating public holidays and bank holidays in the ACT. Amendments have added or removed specific holidays over time (e.g., Reconciliation Day added in 2017, Family and Community Day removed in 2009), but the core structure and intent are unchanged. The scope has not expanded beyond holiday designation."},"complexity_factors":["Very short Act with only three operative sections (1, 3, 4)","Simple list of fixed dates with straightforward substitution rules for weekends","Ministerial discretion to add or remove holidays is clear","Only one defined term ('modern award' and 'substituted public holiday')","No cross-references to other legislation beyond the Commonwealth Fair Work Act for the award exception","The award exception (subsection (5)) adds a minor conditional layer, but is narrow"],"plain_english_summary":"This Act sets out which days are public holidays and bank holidays in the Australian Capital Territory (ACT). It lists specific dates each year that are public holidays, such as New Year's Day, Australia Day, Canberra Day, Good Friday, Easter Sunday, Easter Monday, Anzac Day, Reconciliation Day, the Queen's Birthday (second Monday in June), Labour Day (first Monday in October), Christmas Day, and Boxing Day. If a listed public holiday falls on a weekend, the following Monday (or Tuesday for Christmas/Boxing Day) becomes the public holiday instead. The Minister can also declare other days or parts of days as public holidays in the whole ACT or a specific part, and can cancel a listed public holiday in a particular year if thought appropriate. Bank holidays are the same as public holidays (including substituted ones), plus the first Monday in August. The Minister can similarly cancel bank holidays or declare additional ones. Declarations must be made as notifiable instruments at least one week before the day. The Act also contains a special rule for workers covered by a modern award (under the Commonwealth Fair Work Act) where a substituted public holiday (one moved from a weekend to a weekday) is not treated as a public holiday for them if they are already entitled to a holiday on that weekday under the award."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":true,"description":"The original 1958 Ordinance appears to have been a simple list of public holidays. Over 60 years of amendments, the scope has expanded to include: (1) specific weekend substitution rules with varying mechanics (some holidays shift to Monday, others have different rules); (2) entirely new holidays like Canberra Day (2007), Family and Community Day (2009, later removed), and Reconciliation Day (2017); (3) complex interaction with federal workplace relations law through the 'modern award' provision in section 3(5)-(6); and (4) the bifurcated treatment of Christmas/Boxing Day (Tuesday substitution if Sunday) versus other holidays. The addition of bank holidays as a separate category also expanded scope beyond the original public holiday declaration purpose."},"complexity_factors":["Short statute with only 4 operative sections (sections 1, 3, 4, plus repealed section 2)","Only 2 defined terms in section 3(6): 'modern award' and 'substituted public holiday'","Simple conditional logic limited to 'if-then' weekend substitution rules and Ministerial declaration powers","No nested exceptions or complex cross-referencing — the only external reference is to the Fair Work Act 2009 for the definition of 'modern award'","Straightforward structure: name of Act, public holidays list, bank holidays list, endnotes","Minimal amendment history complexity — while amended 13 times since 1958, the core mechanism remains a simple list with substitution rules"],"plain_english_summary":"**What this law does:**\n\nThis law sets out the official public holidays and bank holidays for the Australian Capital Territory (ACT). It tells everyone which days are holidays, what happens when a holiday falls on a weekend, and gives the Minister power to declare extra holidays or cancel existing ones in special circumstances.\n\n**Who it affects:**\n\n- **Everyone in the ACT** — workers, businesses, schools, and government offices use this law to know when they get time off\n- **Employers and employees** — the law interacts with workplace awards (legal documents setting pay and conditions) to determine holiday entitlements\n- **Banks and financial institutions** — the law specifically sets \"bank holidays\" when banks can close\n\n**The key rules:**\n\n**Public holidays include:**\n- New Year's Day (1 January, or Monday if it falls on a weekend)\n- Australia Day (26 January, or Monday if on a weekend)\n- Canberra Day (2nd Monday in March)\n- Easter (Good Friday, Easter Saturday, Easter Sunday, and Easter Monday)\n- Anzac Day (25 April, or Monday if on a Sunday)\n- Reconciliation Day (27 May, or the following Monday if not already a Monday)\n- Queen's Birthday (2nd Monday in June)\n- Labour Day (1st Monday in October)\n- Christmas Day (25 December, with special rules for weekend dates)\n- Boxing Day (26 December, with special rules for weekend dates)\n\n**Special rules:**\n- If a public holiday falls on a Saturday or Sunday, the law usually gives you the Monday (or Tuesday for Christmas/Boxing Day) off instead\n- The Minister can declare extra public holidays for special events (like after a sporting victory or during a natural disaster)\n- The Minister can also cancel a public holiday in a particular year if needed, but must announce this at least one week beforehand\n- There's a special rule for people covered by \"modern awards\" (national workplace agreements) — if their award gives them a weekday off after a substituted weekend holiday, but that weekday isn't a public holiday under this Act, then the substituted holiday doesn't count as a public holiday for them\n\n**Bank holidays:**\n- All public holidays are automatically bank holidays\n- Plus the 1st Monday in August is always a bank holiday\n- The Minister can add or remove bank holidays similar to public holidays\n\n**Why it matters:**\nThis law affects payroll, business opening hours, penalty rates for workers, and planning for events. It ensures everyone knows which days are officially \"off\" across the ACT, while allowing flexibility for special circumstances."}},"importantCases":[],"_links":{"self":"/api/acts/holidays-act-1958","history":"/api/acts/holidays-act-1958/history","analysis":"/api/acts/holidays-act-1958/analysis","conflicts":"/api/acts/holidays-act-1958/conflicts","importantCases":"/api/acts/holidays-act-1958/important-cases","documents":"/api/acts/holidays-act-1958/documents"}}