{"id":"public-holidays-act-2023","name":"Public Holidays Act 2023","slug":"public-holidays-act-2023","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106435,"registerId":"sa-public-holidays-act-2023-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Public Holidays Act 2023","content":"South Australia\nPublic Holidays Act 2023\nAn Act to provide for public holidays in the State and for other purposes.\n\nContents\n1\tShort title\n3\tDays fixed as public holidays\n4\tPart‑day public holidays\n5\tAdditional special public holidays may be proclaimed\n6\tPublic offices to be closed on public holidays\n7\tBank holidays\n8\tPayments and other acts on public holidays etc\nSchedule 1—Transitional provisions\nPart 24—Transitional provision\n26\tReferences to public holidays\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Public Holidays Act 2023.\n3—Days fixed as public holidays\n\t(1)\tSubject to this section, the following days will be public holidays in each year:\n\t(a)\t1 January (New Year's Day);\n\t(b)\t26 January (Australia Day);\n\t(c)\tthe second Monday in March (Adelaide Cup Day);\n\t(d)\tthe Friday publicly observed as Good Friday (Good Friday);\n\t(e)\tthe day after Good Friday (Easter Saturday);\n\t(f)\tthe Sunday following Good Friday (Easter Sunday);\n\t(g)\tthe Monday following Good Friday (Easter Monday);\n\t(h)\t25 April (ANZAC Day);\n\t(i)\tthe second Monday in June (the Sovereign's Birthday);\n\t(j)\tthe first Monday in October (Labour Day);\n\t(k)\t25 December (Christmas Day);\n\t(l)\t26 December (Proclamation Day holiday).\n\t(2)\tIf Christmas Day or New Year's Day falls on a Saturday or a Sunday, the following Monday will be a public holiday in addition to that day.\n\t(3)\tIf Proclamation Day holiday falls on a Saturday, Sunday or Monday, the following rules apply:\n\t(a)\twhere it falls on a Saturday, the following Monday will be a public holiday in addition to that day;\n\t(b)\twhere it falls on a Sunday or a Monday, the following Tuesday will be a public holiday in addition to that day.\n\t(4)\tIf Australia Day falls on a Saturday or a Sunday, the following Monday will be a public holiday instead of that day.\n\t(5)\tThe Governor may, by proclamation, declare some other day to be a public holiday in a year instead of a day appointed by this section as a public holiday (and in that case that other day will in that year be substituted as a public holiday for the day appointed by this section).\n4—Part‑day public holidays\nThe part of the day from 7pm to 12 o'clock midnight on the following days will be a public holiday (a part‑day public holiday):\n\t(a)\t24 December (Christmas Eve);\n\t(b)\t31 December (New Year's Eve).\n5—Additional special public holidays may be proclaimed\n\t(1)\tThe Governor may, by proclamation—\n\t(a)\tappoint a day to be an additional public holiday in any year; or\n\t(b)\tappoint a part of a day to be an additional part‑day public holiday in any year.\n\t(2)\tA proclamation under this section may apply—\n\t(a)\tthroughout the State; or\n\t(b)\twithin a district or locality specified in the proclamation.\n6—Public offices to be closed on public holidays\nAll offices of the Public Service will be closed on public holidays but nothing in this Act—\n\t(a)\tauthorises 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\n\t(b)\tprevents 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 an emergency.\n7—Bank holidays\n\t(1)\tAll Sundays and public holidays are taken to be bank holidays.\n\t(2)\tThe Governor may, by proclamation—\n\t(a)\tdeclare some other day to be a bank holiday in a year instead of a day referred to in subsection (1) (and in that case that other day will in that year be substituted as a bank holiday for the day appointed by subsection (1)); or\n\t(b)\tappoint a day to be an additional bank holiday in any year; or\n\t(c)\tappoint a part of a day to be a bank half holiday in any year.\n\t(3)\tA proclamation under this section may apply—\n\t(a)\tthroughout the State; or\n\t(b)\twithin a district or locality specified in the proclamation.\n\t(4)\tSubject to subsection (5), all ADIs must be closed on bank holidays and during any bank half holiday.\n\t(5)\tThe Governor may, by proclamation, authorise the opening of ADIs within a specified area on a bank holiday or bank half holiday specified in the proclamation.\n8—Payments and other acts on public holidays etc\n\t(1)\tNo 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 a Sunday before the commencement of this Act.\n\t(2)\tWhen, 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.\n\t(3)\tA reference in this section to a public holiday does not include a part‑day public holiday.\n\t(4)\tIf a bank half holiday is proclaimed under section 7(2)(c), this section 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.\nSchedule 1—Transitional provisions\nPart 24—Transitional provision\n26—References to public holidays\nIf a provision of an Act that was enacted, or of an instrument that was made, before the commencement of this Act refers to a public holiday within the meaning of the Holidays Act 1910, that reference will be taken to include a Sunday unless the contrary intention appears.\nLegislative history\nNotes\n\t•\tFor 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.\nLegislation repealed by principal Act\nThe Public Holidays Act 2023 repealed the following:\nHolidays Act 1910\nLegislation amended by principal Act\nThe Public Holidays Act 2023 amended the following:\nAdelaide Cemeteries Authority Act 2001\nBail Act 1985\nBills of Sale Act 1886\nBotanic Gardens and State Herbarium Act 1978\nBuilding Work Contractors Act 1995\nChildren and Young People (Safety) Act 2017\nClassification (Publications, Films and Computer Games) Act 1995\nFair Trading Act 1987\nFire and Emergency Services Act 2005\nLand and Business (Sale and Conveyancing) Act 1994\nLegislation Interpretation Act 2021\nMagistrates Act 1983\nMarine Parks Act 2007\nMental Health Act 2009\nMining Act 1971\nParliament (Joint Services) Act 1985\nPublic Trustee Act 1995\nResidential Parks Act 2007\nRetail and Commercial Leases Act 1995\nSecond-hand Vehicle Dealers Act 1995\nShop Trading Hours Act 1977\nStock Mortgages and Wool Liens Act 1924\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2023\n39\nPublic Holidays Act 2023 \n7.12.2023\n1.1.2024: s 2\n2024\n2\nStatutes Amendment (Industrial Relations Portfolio) Act 2024\n29.2.2024\nPt 3 (ss 6 & 7)—28.3.2024 (Gazette 28.3.2024 p510)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n28.3.2024\ns 2\nomitted under Legislation Revision and Publication Act 2002\n28.3.2024\ns 3\n\n\ns 3(1)\namended by 2/2024 s 6(1)—(9)\n28.3.2024\ns 3(2)\namended by 2/2024 s 6(10)\n28.3.2024\ns 3(3)\namended by 2/2024 s 6(11)\n28.3.2024\ns 3(4)\namended by 2/2024 s 6(12)\n28.3.2024\ns 4\namended by 2/2024 s 7(1), (2)\n28.3.2024\nSch 1\n\n\nPts 1—23\nomitted under Legislation Revision and Publication Act 2002\n28.3.2024\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This Act repeals the Holidays Act 1910 and replaces it with a consolidated regime that: fixes a list of annual public holidays and substitution rules (s3); introduces specific part‑day holidays (s4); expands gubernatorial proclamation powers for additional or substitute holidays and bank holidays (s3(5), s5, s7); and clarifies payment/deadline treatment on holidays (s8). Transitional provision treats older references to public holidays as including Sundays unless a contrary intention appears (Sch 1 Pt 24 s26)."},"complexity_factors":["Lists of fixed annual holidays with multiple substitution rules when holidays fall on weekends (s3(1)–(4))","Introduction of part‑day public holidays for specific evenings (s4)","Governor's broad discretionary power to proclaim substitute or additional public and part‑day holidays, state‑wide or localised (s3(5), s5(1)–(2))","Bank holiday regime that treats Sundays and public holidays as bank holidays and allows Governor to declare additional bank days or bank half holidays (s7(1)–(3))","Mandatory closure of authorised deposit‑taking institutions on bank holidays, with Governor able to authorise openings for specified areas (s7(4)–(5))","Rules shifting legal obligations to the next non‑holiday day for payments and acts, with exceptions for duties already required by law (s8(1)–(2))","Interaction between full‑day, part‑day and bank half‑holiday definitions and the application of payment postponement rules (s8(3)–(4))","Transitional treatment of pre‑existing references to public holidays from the repealed Holidays Act 1910, which may include Sundays unless a contrary intention appears (Sch 1 Pt 24 s26)"],"plain_english_summary":"This Act sets which days are public holidays in South Australia (full days and specified evening part‑days), fixes rules for what happens when holidays fall on weekends, and gives the Governor power to proclaim extra public or bank holidays (including localised or part‑day holidays). It requires public service offices to close, treats Sundays and public holidays as bank holidays, and shifts payment or performance deadlines to the next non‑holiday day. It affects employers, government agencies, banks (ADIs) and anyone with legal payment or filing obligations."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible. No legislative content was returned — only a website error page. Any assessment of whether the Act's scope changed from its original intent would be pure fabrication."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 error","Complexity cannot be meaningfully assessed without access to the actual Act","Score of 1 reflects absence of content, not simplicity of the law itself"],"plain_english_summary":"**⚠️ No legislation could be retrieved.**\n\nThe link provided for the *Public Holidays Act 2023* (South Australia) returned a **404 Page Not Found** error from the SA Legislation website. This appears to be because bookmarks or hyperlinks created before 24 March 2026 may be incompatible with the current version of the site.\n\n**What this means for you:** No actual legislative text was available for analysis. Any summary of what this Act does, who it affects, or how it might impact you would be speculation — and that could be misleading.\n\n**What you can do:**\n- Visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for *Public Holidays Act 2023*\n- Email the Office of Parliamentary Counsel at OPCWeb@sa.gov.au to report the broken link\n- Check the [SA Government Gazette](https://governmentgazette.sa.gov.au/) for the original publication"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of establishing public holidays, bank holidays, and related administrative rules. The 2024 amendments (Statutes Amendment (Industrial Relations Portfolio) Act 2024) appear to be technical updates to the holiday dates and part-day provisions rather than scope expansion. The repeal of the Holidays Act 1910 and consequential amendments to 24 other Acts are standard machinery provisions to ensure legislative consistency, not scope creep."},"complexity_factors":["Straightforward structure with only 8 operative sections plus transitional provisions","Minimal defined terms (only 'ADI' — authorised deposit-taking institution — requires external knowledge)","Simple conditional logic limited to weekend substitution rules in sections 3(2)-(4)","No nested exceptions or complex cross-referencing between sections","Clear enumeration of specific dates rather than formulaic calculations","Limited administrative discretion confined to Governor's proclamation powers in sections 5 and 7","Transitional provision (section 26) is a simple interpretive rule for old legislation references"],"plain_english_summary":"**What this law does:**\n\nThis is South Australia's rulebook for public holidays. It lists which days are public holidays each year, what happens when those days fall on weekends, and gives the Governor (the Queen's representative in SA) power to declare extra holidays or move existing ones.\n\n**Key points:**\n\n- **Fixed holidays** include New Year's Day, Australia Day, Adelaide Cup Day (second Monday in March), Easter weekend, ANZAC Day, the Sovereign's Birthday (second Monday in June), Labour Day (first Monday in October), Christmas Day, and Proclamation Day (26 December).\n\n- **Weekend rules:** If Christmas or New Year's Day falls on a weekend, you get the following Monday off *as well as* the actual day. If Proclamation Day falls on a Saturday, you get the Monday off too; if it falls on Sunday or Monday, you get Tuesday off instead. If Australia Day falls on a weekend, the Monday substitutes for it (you don't get both).\n\n- **Part-day holidays:** Christmas Eve and New Year's Eve are public holidays from 7pm to midnight only.\n\n- **Special powers:** The Governor can proclaim additional public holidays or part-day holidays for the whole state or specific areas. This might happen for events like royal funerals, major sporting victories, or emergencies.\n\n- **Public offices:** Government offices must close on public holidays, unless specially required by law or unless there's an emergency.\n\n- **Bank holidays:** All Sundays and public holidays are automatically bank holidays. Banks (ADIs — authorised deposit-taking institutions) must close on these days unless the Governor allows otherwise.\n\n- **Payments and deadlines:** You can't be forced to make payments or do legal acts on public holidays, bank holidays, or Saturdays that you couldn't be forced to do on a Sunday. If something is due on one of these days, it shifts to the next business day.\n\n**Who it affects:**\n\nEveryone in South Australia — workers, employers, banks, government agencies, and anyone with legal deadlines or payment obligations.\n\n**Why it matters:**\n\nThis law determines when you get time off work, when shops and banks must close, and when your rent or bills are actually due. It replaced the old Holidays Act 1910 and also updated references in 24 other laws to ensure everything works together smoothly."}},"importantCases":[],"_links":{"self":"/api/acts/public-holidays-act-2023","history":"/api/acts/public-holidays-act-2023/history","analysis":"/api/acts/public-holidays-act-2023/analysis","conflicts":"/api/acts/public-holidays-act-2023/conflicts","importantCases":"/api/acts/public-holidays-act-2023/important-cases","documents":"/api/acts/public-holidays-act-2023/documents"}}