NORTHERN TERRITORY OF AUSTRALIA
PUBLIC HOLIDAYS ACT 1981
As in force at 1 June 2023
Table of provisions
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Repeal ............................................................................................. 1
5 Public holidays................................................................................. 1
5A Public holiday for the National Day of Mourning for
Queen Elizabeth II ........................................................................... 1
6 Additional public holidays ................................................................ 1
7 Alteration of public holidays ............................................................. 2
8 Appointed public holidays ................................................................ 2
9 Notice of appointed public holidays ................................................. 2
10 Notice of appointed public holidays – less than 28 days ................. 2
11 Regulations...................................................................................... 3
Schedule 1 Repealed Ordinances and Act
Schedule 2 Public holidays
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 June 2023
PUBLIC HOLIDAYS ACT 1981
An Act relating to public holidays
1 Short title
This Act may be cited as the Public Holidays Act 1981.
2 Commencement
This Act shall come into operation on a date to be fixed by the
Administrator by notice in the Gazette.
3 Repeal
The Ordinances and Act specified in Schedule 1 are repealed.
5 Public holidays
Subject to section 7, the days or parts of days specified in
Schedule 2 shall, in each year, be observed as public holidays in
the Territory.
5A Public holiday for the National Day of Mourning for
Queen Elizabeth II
The day of 22 September 2022 is to be observed as a public
holiday in the Territory.
6 Additional public holidays
The Minister may, by notice in the Gazette, appoint a day or part of
a day to be a public holiday in addition to the public holidays
specified in Schedule 2 to be observed as such:
(a) in the Territory or such part or parts of the Territory as is or are
specified in the notice; and
(b) by all or such section or sections of the community of the
Territory as is or are specified in the notice.
Public Holidays Act 1981 2
7 Alteration of public holidays
The Minister may, by notice in the Gazette:
(a) declare that a day or part of a day in a year that would,
otherwise than by virtue of this Act, be observed as a public
holiday shall not be so observed as a public holiday in that
year; and
(b) appoint another day or part of a day in that year to be
observed as a public holiday in its stead.
8 Appointed public holidays
A day or part of a day appointed as a public holiday under
section 6, and a day or part of a day appointed as a public holiday
under section 7, shall each be observed as a public holiday in
accordance with the terms of the notice, as the case requires.
9 Notice of appointed public holidays
Subject to section 10, a notice under section 6 or 7 must be
published in the Gazette not less than 28 days before the public
holiday appointed by the notice.
10 Notice of appointed public holidays – less than 28 days
(1) Subsection (2) applies in relation to a day or part of a day if:
(a) the Australian Prime Minister and the Premier or Chief
Minister of each State and Territory agree that the day or part
of the day should be observed as a public holiday nationally;
and
(b) as soon as practicable after the agreement mentioned in
paragraph (a), the Chief Minister advises the Minister in
writing to appoint the day or part of the day to be a public
holiday; and
(c) the agreement mentioned in paragraph (a) is reached less
than 28 days before the day or part of the day.
(2) Despite section 9, a notice under section 6 appointing the day or
part of the day to be a public holiday may be published in the
Gazette less than 28 days before the day or part of the day.
Public Holidays Act 1981 3
11 Regulations
The Administrator may make regulations under this Act.
Note for section 11
See section 65 of the Interpretation Act 1978.
Schedule 1 Repealed Ordinances and Act
Public Holidays Act 1981 4
Schedule 1 Repealed Ordinances and Act
section 3
Holidays Ordinance 1957 (No. 33 of 1957)
Holidays Ordinance 1959 (No. 3 of 1959)
Holidays Ordinance 1960 (No. 5 of 1961)
Holidays Ordinance 1962 (No. 21 of 1962)
Holidays Ordinance (No. 2) 1962 (No. 41 of 1962)
Holidays Ordinance 1963 (No. 29 of 1963)
Holidays Ordinance 1967 (No. 52 of 1967)
Holidays Ordinance 1969 (No. 30 of 1970)
Holidays Ordinance 1973 (No. 3 of 1973)
Holidays Ordinance 1974 (No. 17 of 1974)
Holidays Amendment Act 1980 (No. 9 of 1981)
Schedule 2 Public holidays
Public Holidays Act 1981 5
Schedule 2 Public holidays
section 5
1 January (New Year's Day) and, if that day falls on a Saturday or Sunday,
the following Monday
26 January (Australia Day) or, if that day falls on a Saturday or a Sunday, the
following Monday
Good Friday
The Saturday following Good Friday
The Sunday following Good Friday
The Monday following Good Friday
25 April (Anzac Day) or, if that day falls on a Sunday, the following Monday
The first Monday in May (May Day)
The second Monday in June
The first Monday in August (Picnic Day)
24 December (Christmas Eve) from 7.00 pm to midnight
25 December (Christmas Day) and, if that day falls on a Saturday or Sunday,
the following Monday
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 or Monday – the following Tuesday
31 December (New Year's Eve) from 7.00 pm to midnight
ENDNOTES
Public Holidays Act 1981 6
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Public Holidays Act 1981 (Act No. 71, 1981)
Assent date 18 September 1981
Commenced 11 December 1981 (Gaz G49, 11 December 1981, p 2)
Public Holidays Amendment Act 1982 (Act No. 25, 1982)
Assent date 16 June 1982
Commenced 16 June 1982
Public Holidays Amendment Act 1983 (Act No. 38, 1983)
Assent date 3 October 1983
Commenced 3 October 1983
Criminal Law (Regulatory Offences) Act 1983 (Act No. 68, 1983)
Assent date 28 November 1983
Commenced 1 January 1984 (s 2, s 2 Criminal Code Act 1983 (Act No. 47,
1983), Gaz G46, 18 November 1983, p 11 and Gaz G8,
26 February 1986, p 5)
Statute Law Revision Act 1989 (Act No. 60, 1989)
Assent date 2 October 1989
Commenced 2 October 1989
Public Sector Employment and Management (Consequential Amendments) Act 1993
(Act No. 28, 1993)
Assent date 30 June 1993
Commenced 1 July 1993 (s 2, s 2 Public Sector Employment and
Management Act 1993 (Act No. 11, 1993) and Gaz S53,
29 June 1993)
Sentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)
Assent date 19 April 1996
Commenced s 7: 19 April 1996; rem: 1 July 1996 (s 2, s 2 Sentencing
Act 1995 (Act No. 39, 1995) and Gaz S15, 13 June 1996)
ENDNOTES
Public Holidays Act 1981 7
Statute Law Revision Act (No. 2) 2001 (Act No. 62, 2001)
Assent date 11 December 2001
Commenced 11 December 2001
Statute Law Revision Act (No. 2) 2004 (Act No. 54, 2004)
Assent date 15 September 2004
Commenced 27 October 2004 (Gaz G43, 27 October 2004, p 3)
Penalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)
Assent date 12 July 2013
Commenced 28 August 2013 (Gaz G35, 28 August 2013, p 2)
Statute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015)
Assent date 18 September 2015
Commenced 14 October 2015 (Gaz G41, 14 October 2015, p 3)
Public Holidays Amendment Act 2016 (Act No. 33, 2016)
Assent date 7 December 2016
Commenced 7 December 2016
Statute Law Revision Act 2018 (Act No. 10, 2018)
Assent date 23 May 2018
Commenced 20 June 2018 (Gaz S41, 20 June 2018)
Public Holidays Amendment Act 2022 (Act No. 23, 2022)
Assent date 31 October 2022
Commenced 19 September 2022 (s 2)
Public Holidays Amendment Act 2023 (Act No. 15, 2023)
Assent date 31 May 2023
Commenced 1 June 2023 (s 2)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 4 and 11.
4 LIST OF AMENDMENTS
s 4 amd No. 60, 1989, s 6; No. 62, 2001, s 15; No. 33, 2016, s 3
rep No. 15, 2023, s 4
s 5 amd No. 33, 2016, s 4
s 5A ins No. 23, 2022, s 4
s 6 amd No. 33, 2016, s 5
s 7 amd No. 33, 2016, s 6
s 8 amd No. 33, 2016, s 7
s 9 amd No. 15, 2023, s 5
s 10 amd No. 33, 2016, s 8
sub No. 15, 2023, s 6
s 11 amd No. 25, 1982, s 2; No. 28, 1993, s 3; No. 54, 2004, s 7; No. 10, 2018, s 6
sub No. 15, 2023, s 6
ss 12 – 15 amd No. 54, 2004, s 7
rep No. 15, 2023, s 6
ENDNOTES
Public Holidays Act 1981 8
s 16 amd No. 17, 1996, s 6; No. 54, 2004, s 7; No. 23, 2013, s 9; No. 26, 2015,
s 103
rep No. 15, 2023, s 6
s 16A ins No. 68, 1983, s 122
amd No. 26, 2015, s 104
rep No. 15, 2023, s 6
s 17 rep No. 15, 2023, s 6
sch 2 amd No. 38, 1983, s 2; No. 33, 2016, s 9; No. 15, 2023, s 7
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