1Holidays Act 1958

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Holidays Act 1958 A1958-19 Republication No 11 Effective: 1 January 2018 Republication date: 1 January 2018 Last amendment made by A2017-29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Holidays Act 1958 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 January 2018. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 January 2018. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):  authorised republications to which the Legislation Act 2001 applies  unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133). R11 01/01/18 Holidays Act 1958 Effective: 01/01/18 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Holidays Act 1958 Contents Page 1 Name of Act 2 3 Public holidays 2 4 Bank holidays 4 Endnotes 1 About the endnotes 5 2 Abbreviation key 5 3 Legislation history 6 4 Amendment history 9 5 Earlier republications 10 R11 01/01/18 Holidays Act 1958 Effective: 01/01/18 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Holidays Act 1958 An Act to make provision with respect to public holidays and bank holidays Section 1 page 2 Holidays Act 1958 Effective: 01/01/18 R11 01/01/18 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 1 Name of Act This Act is the Holidays Act 1958. 3 Public holidays (1) Subject to subsections (2) and (5)— (a) in any year each of the following days in that year is a public holiday in the ACT: (i) 1 January (New Year’s day), and, if that day falls on a Saturday or Sunday, the following Monday; (ii) 26 January (Australia Day), or, if that day falls on a Saturday or Sunday, the following Monday; (iii) the 2nd Monday in March (Canberra Day); (iv) Good Friday; (v) the Saturday following Good Friday; (vi) Easter Sunday; (vii) the Monday following Good Friday; (viii) 25 April (Anzac Day), or, if that day falls on a Sunday, the following Monday; (ix) 27 May (Reconciliation Day), or, if that day is not a Monday, the following Monday; (x) the 2nd Monday in June (the day for the observance of the anniversary of the birthday of the Sovereign); (xi) the 1st Monday in October (Labour Day); Section 3 R11 01/01/18 Holidays Act 1958 Effective: 01/01/18 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (xii) 25 December (Christmas Day) and— (A) if that day falls on a Saturday—the following Monday; or (B) if that day falls on a Sunday—the following Tuesday; (xiii) 26 December (Boxing Day) and— (A) if that day falls on a Saturday—the following Monday; or (B) if that day falls on a Sunday—the following Tuesday; and (b) any other day, or a part of any other day, that the Minister declares to be a public holiday in the ACT, or in a part of the ACT stated in the declaration, is a public holiday in the ACT or that part of the ACT. (2) If the Minister considers it is appropriate that a day mentioned in subsection (1) (a) should not, in a particular year, be a public holiday in the ACT, the Minister may declare that the day is not, in that year, a public holiday. (3) A declaration under subsection (1) (b) or (2) is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. (4) A declaration under subsection (2) in relation to a day must be notified under the Legislation Act not later than 1 week before the day. (5) If a person who is entitled under a modern award to a holiday on a weekday following a substituted public holiday and the weekday is not a public holiday under this Act, the substituted public holiday is not a public holiday for the person under this Act. Section 4 page 4 Holidays Act 1958 Effective: 01/01/18 R11 01/01/18 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (6) In this section: modern award—see the Fair Work Act 2009 (Cwlth), part 2-3. substituted public holiday means a day that is a public holiday because another day mentioned in subsection (1) (a) is a Saturday or Sunday. 4 Bank holidays (1) Subject to subsection (2)— (a) any day, or part of a day, that in any year is a public holiday in the ACT or a part of the ACT under section 3 is a bank holiday in the ACT or that part of the ACT; and (b) the 1st Monday in August of each year is a bank holiday in the ACT; and (c) any other day, or a part of any other day that the Minister declares to be a bank holiday in the ACT, or in a part of the ACT stated in the declaration, is a bank holiday in the ACT or that part of the ACT. (2) If the Minister considers it is appropriate that a day mentioned in subsection (1) (a) or (b) should not, in a particular year, be a bank holiday in the ACT, the Minister may declare that the day is not, in that year, a bank holiday. (3) A declaration under subsection (1) (c) or (2) is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. (4) A declaration under subsection (2) in relation to a day must be notified under the Legislation Act not later than 1 week before the day. Endnotes About the endnotes 1 R11 01/01/18 Holidays Act 1958 Effective: 01/01/18 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired Endnotes 3 Legislation history page 6 Holidays Act 1958 Effective: 01/01/18 R11 01/01/18 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history This Act was originally a Commonwealth ordinance—the Holidays Ordinance 1958 No 19 (Cwlth). The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self government day). As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21, s 5 on 11 May 1989 (self-government day). Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12). After 11 May 1989 and before 10 November 1999, Acts commenced on their notification day unless otherwise stated (see Australian Capital Territory (Self- Government) Act 1988 (Cwlth) s 25). Legislation before becoming Territory enactment Holidays Act 1958 A1958-19 notified 2 October 1958 commenced 2 October 1958 as amended by Holidays (Amendment) Ordinance 1980 Ord1980-1 notified 1 February 1980 commenced 1 February 1980 Holidays (Amendment) Ordinance 1982 Ord1982-8 notified 19 March 1982 commenced 19 March 1982 Holidays (Amendment) Ordinance 1988 Ord1988-90 notified 21 December 1988 commenced 21 December 1988 Endnotes Legislation history 3 R11 01/01/18 Holidays Act 1958 Effective: 01/01/18 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Legislation after becoming Territory enactment Holidays (Amendment) Act 1992 A1992-43 notified 8 July 1992 (Gaz 1992 No S103) commenced 8 July 1992 Holidays (Amendment) Act 1997 A1997-2 notified 28 February 1997 (Gaz 1997 No S54) commenced 28 February 1997 (s 2) Holidays Amendment Act 1999 A1999-67 notified 15 December 1999 (Gaz 1999 No 50) commenced 15 December 1999 (s 2) Legislation (Consequential Amendments) Act 2001 A2001-44 pt 185 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 185 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Statute Law Amendment Act 2005 (No 2) A2005-62 sch 3 pt 3.11 notified LR 21 December 2005 s 1, s 2 commenced 21 December 2005 (LA s 75 (1)) sch 3 pt 3.11 commenced 11 January 2006 (s 2 (1)) Holidays (Canberra Day) Amendment Act 2007 A2007-30 notified LR 2 October 2007 s 1, s 2 commenced 2 October 2007 (LA s 75 (1)) remainder commenced 3 October 2007 (s 2) Holidays (Family and Community Day) Amendment Act 2009 A2009-46 notified LR 25 November 2009 s 1, s 2 commenced 25 November 2009 (LA s 75 (1)) remainder commenced 26 November 2009 (s 2) Holidays Amendment Act 2014 A2014-28 notified LR 18 August 2014 s 1, s 2 commenced 18 August 2014 (LA s 75 (1)) remainder commenced 19 August 2014 (s 2) Endnotes 3 Legislation history page 8 Holidays Act 1958 Effective: 01/01/18 R11 01/01/18 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Holidays Amendment Act 2015 A2015-51 notified LR 25 November 2015 s 1, s 2 commenced 25 November 2015 (LA s 75 (1)) remainder commenced 26 November 2015 (s 2) Holidays (Reconciliation Day) Amendment Act 2017 A2017-29 notified LR 27 September 2017 s 1, s 2 commenced 27 September 2017 (LA s 75 (1)) remainder commenced 1 January 2018 (s 2) Endnotes Amendment history 4 R11 01/01/18 Holidays Act 1958 Effective: 01/01/18 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Name of Act s 1 sub A2005-62 amdt 3.120 Repeal s 2 om A2001-44 amdt 1.2107 Public holidays s 3 am Ord1980-1; Ord1982-8; Ord1988-90; A1992-43; A1999-67 s 4; A2001-44 amdts 1.2108-1.2111; R4 LA (see A2001-44 amdt 1.2112); subpars renum R4 LA; A2005-62 amdts 3.121-3.124; A2007-30 s 4 note to (1) (a) (iii) exp 19 March 2008 (s 6 (3) (LA s 88 declaration applies)) am A2009-46 ss 4-6; pars renum R8 LA; A2014-28 s 4, s 5; A2015-51 s 4; pars renum R10 LA; A2017-29 ss 4-6; pars renum R11 LA Bank holidays s 4 am A1992-43; A2001-44 amdt 1.2113-1.2116; A2005-62 amdt 3.125, amdt 3.126 Union picnic day s 5 ins A1997-2 om A2009-46 s 7 Canberra Day public holiday for 2007 s 6 ins A2007-30 s 5 exp 19 March 2008 (s 6 (3) (LA s 88 declaration applies)) Schedule 1 sch 1 hdg renum R4 LA sch 1 (prev sch) ins A1997-2 am R4 LA om A2009-46 s 8 Endnotes 5 Earlier republications page 10 Holidays Act 1958 Effective: 01/01/18 R11 01/01/18 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 30 June 1991 11 May 1989– 7 July 1992 Ord1988-90 initial republication since self- government R1 (RI) 24 Sept 2013 11 May 1989– 7 July 1992 Ord1988-90 reissue of printed version R2 31 Aug 1992 8 July 1992– 27 Feb 1997 A1992-43 amendments by A1992-43 R2 (RI) 24 Sept 2013 8 July 1992– 27 Feb 1997 A1992-43 reissue of printed version R3 31 Jan 1998 28 Feb 1997– 14 Dec 1999 A1997-2 amendments by A1997-2 R3 (RI) 24 Sept 2013 28 Feb 1997– 14 Dec 1999 A1997-2 reissue of printed version R3A 24 Sept 2013 15 Dec 1999– 11 Sept 2001 A1999-67 amendments by A1999-67 R4 14 Jan 2002 12 Sept 2001– 10 Jan 2006 A2001-44 amendments by A2001-44 R5 11 Jan 2006 11 Jan 2006– 2 Oct 2007 A2005-62 amendments by A2005-62 R6 3 Oct 2007 3 Oct 2007– 19 Mar 2008 A2007-30 amendments by A2007-30 R7 20 Mar 2008 20 Mar 2008– 25 Nov 2009 A2007-30 commenced expiry R8 26 Nov 2009 26 Nov 2009– 18 Aug 2014 A2009-46 amendments by A2009-46 Endnotes Earlier republications 5 R11 01/01/18 Holidays Act 1958 Effective: 01/01/18 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Republication No and date Effective Last amendment made by Republication for R9 19 Aug 2014 19 Aug 2014– 25 Nov 2015 A2014-28 amendments by A2014-28 R10 26 Nov 2015 26 Nov 2015– 31 Dec 2017 A2015-51 amendments by A2015-51 © Australian Capital Territory 2018