What it does
The Holidays Act 1958 (ACT) sets out which days are public holidays and which days are bank holidays in the Australian Capital Territory, and gives the Minister a limited power to add or remove such days in particular years or parts of the Territory. Mechanically, the Act:
- Lists specific calendar days and recurring days that are public holidays in the ACT (s 3(1)(a)). Those include New Year’s Day, Australia Day, Canberra Day, the Easter days, Anzac Day, Reconciliation Day, the Sovereign’s birthday day, Labour Day, Christmas Day and Boxing Day, together with substitution rules when these days fall on weekends (s 3(1)(a)(i)-(xiii)).
- Permits the Minister to declare any other day, or part of a day, to be a public holiday in the ACT or in a stated part of the ACT (s 3(1)(b)). Declarations under s 3(1)(b) are made as notifiable instruments (s 3(3)).
- Gives the Minister a power to declare that a day listed in s 3(1)(a) is not a public holiday in a particular year (s 3(2)); such a declaration is a notifiable instrument and, if it operates in relation to a particular day, must be notified not later than one week before the day (s 3(3)-(4)).
- Defines the term modern award by reference to the Fair Work Act 2009 (Cwlth), part 2-3, and contains a specialist provision about substituted public holidays in relation to persons entitled under a modern award (s 3(5) and (6)).
- Provides that any day (or part day) that is a public holiday under s 3 is also a bank holiday (s 4(1)(a)), adds the 1st Monday in August as a bank holiday (s 4(1)(b)), and allows the Minister to declare other bank holidays (s 4(1)(c)). The Minister may also declare that a day mentioned in s 4(1)(a) or (b) should not be a bank holiday in a particular year (s 4(2)). Declarations under s 4 are notifiable instruments and those under s 4(2) must be notified not later than one week before the day (s 4(3)-(4)).