1Public Holidays Act 1993

Version No. 027 **Public Holidays Act 1993** **No. 119 of 1993** Version incorporating amendments as at 6 April 2020 **table of provisions** *Section Page* 1 Purpose 1 2 Commencement 1 3 Definitions 1 5 Act to bind Crown 2 6 Public holidays 2 7 Additional public holidays 3 8 Substituted public holidays 4 8A Council may request substitute holiday for Melbourne Cup Day 5 9 Bank holidays 6 10 Holiday entitlements 6 11 Regulations 8 Schedule—Metropolitan municipal Councils 9 Endnotes 10 1 General information 10 2 Table of Amendments 12 3 Amendments Not in Operation 14 4 Explanatory details 15 **Version No.** **027** **Public Holidays Act 1993** **No. 119 of 1993** Version incorporating amendments as at 6 April 2020 **The Parliament of Victoria enacts as follows:** 1 Purpose The purpose of this Act is to make new provision with respect to public holidays in Victoria. 2 Commencement This Act comes into operation on the day on which it receives the Royal Assent. 3 Definitions (1) In this Act— S. 3(1) def. of *Council* amended by No. 9/2020 s. 390(Sch. 1 item 83). ***Council*** has the same meaning as in the **Local Government Act 2020**; ***metropolitan municipal district*** means the municipal district of a Council specified in the Schedule or a municipal district declared by the Governor in Council under subsection (2) to be a metropolitan municipal district for the purposes of this Act; ***non-metropolitan Council*** means a Council that does not have a metropolitan municipal district. (2) The Governor in Council may, by Order published in the Government Gazette, declare the municipal district of a specified Council to be a metropolitan municipal district for the purposes of this Act. S. 3(3) inserted by No. 86/1998 s. 24, amended by No. 59/2003 s. 123, repealed by No. 74/2006 s. 28. * * * * * S. 4 amended by No. 82/1994 s. 13(Sch. 2 item 6.1), repealed by No. 55/2008 s. 4. * * * * * 5 Act to bind Crown This Act binds the Crown, not only in right of the State of Victoria, but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. S. 6 amended by Nos 1/2003 s. 3, 96/2003 s. 16, substituted by No. 55/2008 s. 5. 6 Public holidays The following days are appointed as public holidays— (a) 1 January (New Year's Day); (b) the Monday after 1 January (New Year's Day) when New Year's Day is a Saturday or Sunday; (c) 26 January (Australia Day) or the Monday after Australia Day when Australia Day is a Saturday or Sunday; (d) the second Monday in March (Labour Day); (e) Good Friday; (f) the Saturday before Easter Sunday; S. 6(fa) inserted by No. 29/2019 s. 3(1). (fa) Easter Sunday; (g) Easter Monday; (h) 25 April (ANZAC Day); (i) the second Monday in June (the day on which the anniversary of the birthday of the Sovereign is observed); S. 6(ia) inserted by No. 29/2019 s. 3(2). (ia) the Friday before the Australian Football League Grand Final; (j) the first Tuesday in November (Melbourne Cup Day); S. 6(k) substituted by No. 29/2019 s. 3(3). (k) 25 December (Christmas Day); S. 6(ka) inserted by No. 29/2019 s. 3(3). (ka) the Monday after Christmas Day when Christmas Day is a Saturday or the Tuesday after Christmas Day when Christmas Day is a Sunday; (l) 26 December (Boxing Day); (m) the Monday after 26 December (Boxing Day) when Boxing Day is a Saturday or the Tuesday after Boxing Day when Boxing Day is a Sunday. 7 Additional public holidays (1) In addition to the days specified in section 6— (a) the Minister may, by notice published in the Government Gazette, appoint another one or more days or half-days as public holidays or public half-holidays; S. 7(1)(b) repealed by No. 55/2008 s. 6. * * * * * (2) A notice under subsection (1)(a) may be expressed so as to apply— (a) throughout the whole of the State or in a specified part of the State; or (b) to all persons to whom and bodies to which this Act applies or to a specified class of persons or bodies; or (c) as specified in both paragraphs (a) and (b). S. 7(3)–(5) repealed by No. 55/2008 s. 6. * * * * * S. 8 amended by No. 100/1995 ss 47, 48, substituted by No. 55/2008 s. 7. 8 Substituted public holidays S. 8(1) amended by No. 22/2011 s. 3(1). (1) Subject to section 8A, the Minister, by notice published in the Government Gazette, may— (a) declare that a day appointed— (i) as a public holiday under section 6; or (ii) as a public holiday or public half‑holiday under section 7(1)(a); or (iii) as a public holiday or public half‑holiday under this subsection— is not in a specified year such a holiday; and (b) appoint— (i) in the case of a public holiday, another day or 2 half-days; (ii) in the case of a public half‑holiday, another half-day or day; (iii) in the case of 2 public half‑holidays, another day— as a public holiday or public half‑holiday in that year. (2) A notice under subsection (1) may be expressed so as to apply— (a) throughout the whole of the State or in a specified part of the State; or (b) to all persons to whom and bodies to which this Act applies or to a specified class of person or body; or (c) as specified in both paragraphs (a) and (b). S. 8(3) substituted by No. 22/2011 s. 3(2). (3) The day, half-day or 2 half-days appointed under subsection (1) replaces or replace the public holiday, public half-holiday or public half-holidays for which the day, half-day or 2 half-days was or were substituted. S. 8(4)–(6) repealed by No. 22/2011 s. 3(2). * * * * * S. 8A inserted by No. 22/2011 s. 4. 8A Council may request substitute holiday for Melbourne Cup Day (1) A non-metropolitan Council may request in writing that the Minister make a declaration under section 8(1)— (a) that the day appointed under section 6 being the first Tuesday in November (Melbourne Cup Day) is not in a specified year such a public holiday in the whole or any part of the municipal district of that Council; and (b) that another day or 2 half-days (one half-day of which may be Melbourne Cup Day) be appointed as a public holiday or 2 public half-holidays in that year. (2) A request under subsection (1) must— (a) be made at least 90 days before the Melbourne Cup Day to which the request relates; and (b) specify the day or 2 half-days of the substituted public holiday; and (c) specify the reasons for making the request. (3) In making a declaration on a request under subsection (1), the Minister must not appoint a Saturday or a Sunday as a public holiday or a public half-holiday. (4) A public holiday or 2 public half-holidays appointed under section 8(1) on a request under subsection (1) in respect of part of a municipal district of a Council applies or apply only in that part of the municipal district. 9 Bank holidays For the purposes of the Bills of Exchange Act 1909 of the Commonwealth— (a) a day or half-day appointed under this Act as a public holiday or public half-holiday in any place must also be taken to be declared as a bank holiday or bank half-holiday (as the case requires) in that place; and (b) the Saturday in each week must be taken to be declared as a bank holiday throughout the whole of the State. 10 Holiday entitlements S. 10(1AA) inserted by No. 55/2008 s. 8(1), substituted by No. 24/2009 s. 33(1). (1AA) This section is of no effect to the extent that it is inconsistent with— (a) the Fair Work Act 2009 of the Commonwealth; (b) any instrument given effect to by the Fair Work Act 2009 of the Commonwealth; (c) any instrument given continuing effect to by the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth, being an instrument made under the Workplace Relations Act 1996 (as in force before the WR Act repeal day). S. 10(1) amended by Nos 82/1994 s. 13(Sch. 2 item 6.2), 55/2008 s. 8(2). (1) Despite any provision to the contrary made by or under any other Act or by any contract of employment or other agreement or arrangement relating to employment or by any employment agreement within the meaning of the **Employee Relations Act 1992**, a person employed in Victoria— (a) is entitled to a public holiday or public half‑holiday that applies to him or her without loss of pay; S. 10(1)(b) amended by Nos 1/2003 s. 4, 96/2003 s. 16, repealed by No. 55/2008 s. 8(3). * * * * * (c) who ordinarily works from Monday to Friday only is not entitled to any payment in respect of, or time off in lieu of, a public holiday or public half-holiday that falls on a Saturday or Sunday unless he or she works on that day. S. 10(2) amended by No. 82/1994 s. 13(Sch. 2 item 6.3). (2) Nothing in subsection (1) affects a provision made by or under any Act, contract, agreement or arrangement referred to in that subsection requiring a person who is entitled to a particular public holiday or public half-holiday to work on that day or half-day on any terms and conditions specified in the provision. S. 10(3) inserted by No. 24/2009 s. 33(2). (3) In this section ***WR Act repeal day*** has the same meaning as in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth. 11 Regulations The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. Ss 12–16 repealed by No. 100/1995 s. 49. * * * * * Sch. substituted by No. 100/1995 s. 50. Schedule—Metropolitan municipal Councils | Banyule | Maribyrnong | | --- | --- | | Bayside | Maroondah | | Boroondara | Melbourne | | Brimbank | Melton | | Cardinia | Monash | | Casey | Moonee Valley | | Darebin | Moreland | | Frankston | Mornington Peninsula | | Glen Eira | Nillumbik | | Greater Dandenong | Port Phillip | | Hobsons Bay | Stonnington | | Hume | Whitehorse | | Kingston | Whittlesea | | Knox | Wyndham | | Manningham | Yarra | Endnotes 1 General information See [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information. *Minister's second reading speech—* *Legislative Assembly: 28 October 1993* *Legislative Council: 11 November 1993* The long title for the Bill for this Act was "A Bill to make new provision with respect to public holidays in Victoria, to repeal the **Bank Holidays Act 1958**, to amend the **Public Sector Management Act 1992**, the **Teaching Service Act 1981** and the **Shop Trading Act 1987**, to make consequential amendments to certain other Acts and for other purposes.". The **Public Holidays Act 1993** was assented to on 7 December 1993 and came into operation on 7 December 1993: section 2. INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E). 2 Table of Amendments This publication incorporates amendments made to the **Public Holidays Act 1993** by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– **Employee Relations (Amendment) Act 1994, No. 82/1994** | Assent Date: | 29.11.94 | | --- | --- | | Commencement Date: | S. 13(Sch. 2 items 6.1–6.3) on 11.5.95: Government Gazette 11.5.95 p. 1093 | | Current State: | This information relates only to the provision/s amending the **Public Holidays Act 1993** | **Miscellaneous Acts (Omnibus Amendments) Act 1995, No. 100/1995** | Assent Date: | 5.12.95 | | --- | --- | | Commencement Date: | Pt 18 (ss 47–50) on 5.12.95: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Public Holidays Act 1993** | **Local Government (Governance and Melton) Act 1998, No. 86/1998** | Assent Date: | 17.11.98 | | --- | --- | | Commencement Date: | S. 24 on 1.7.99: Government Gazette 17.6.99 p. 1406 | | Current State: | This information relates only to the provision/s amending the **Public Holidays Act 1993** | **Public Holidays and Shop Trading Reform Acts (Amendment) Act 2003, No. 1/2003** | Assent Date: | 2.4.03 | | --- | --- | | Commencement Date: | Ss 3, 4 on 3.4.03: s. 2 | | Current State: | This information relates only to the provision/s amending the **Public Holidays Act 1993** | **Victorian Urban Development Authority Act 2003, No. 59/2003** | Assent Date: | 16.6.03 | | --- | --- | | Commencement Date: | S. 123 on 1.8.03: Government Gazette 31.7.03 p. 2125 | | Current State: | This information relates only to the provision/s amending the **Public Holidays Act 1993** | **ANZAC Day (Amendment) Act 2003, No. 96/2003** | Assent Date: | 2.12.03 | | --- | --- | | Commencement Date: | S. 16 on 3.12.03: s. 2 | | Current State: | This information relates only to the provision/s amending the **Public Holidays Act 1993** | **City of Melbourne and Docklands Acts (Governance) Act 2006, No. 74/2006** | Assent Date: | 10.10.06 | | --- | --- | | Commencement Date: | S. 28 on 1.7.07: Government Gazette 28.6.07 p. 1303 | | Current State: | This information relates only to the provision/s amending the **Public Holidays Act 1993** | **Public Holidays Amendment Act 2008, No. 55/2008** | Assent Date: | 23.9.08 | | --- | --- | | Commencement Date: | 24.9.08: s. 2 | | Current State: | All of Act in operation | **Fair Work (Commonwealth Powers) Act 2009, No. 24/2009** | Assent Date: | 17.6.09 | | --- | --- | | Commencement Date: | S. 33 on 1.7.09: Special Gazette (No. 227) 1.7.09 p. 1 | | Current State: | This information relates only to the provision/s amending the **Public Holidays Act 1993** | **Public Holidays Amendment Act 2011, No. 22/2011** | Assent Date: | 7.6.11 | | --- | --- | | Commencement Date: | 8.6.11: s. 2 | | Current State: | All of Act in operation | **Public Holidays Amendment Act 2019, No. 29/2019** | Assent Date: | 10.9.19 | | --- | --- | | Commencement Date: | 11.9.19: s. 2 | | Current State: | All of Act in operation | **Local Government Act 2020, No. 9/2020** | Assent Date: | 24.3.20 | | --- | --- | | Commencement Date: | S. 390(Sch. 1 item 83) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 | | Current State: | This information relates only to the provision/s amending the **Public Holidays Act 1993** | ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Amendments Not in Operation This version does not contain amendments that are not yet in operation. 4 Explanatory details No entries at date of publication.