Public Holidays Amendment Act 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Public Holidays Amendment Act 2011 No. 22 of 2011 TABLE OF PROVISIONS Section Page 1 Purpose 1 2 Commencement 1 3 Substituted public holidays 2 4 New section 8A inserted 2 8A Council may request substitute holiday for Melbourne Cup Day 2 5 Repeal of Amending Act 3 ═══════════════ ENDNOTES 4 -- 1 of 5 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Public Holidays Amendment Act 2011† No. 22 of 2011 [Assented to 7 June 2011] The Parliament of Victoria enacts: 1 Purpose The purpose of this Act is to amend the Public Holidays Act 1993 to provide that non- metropolitan Councils may nominate alternative public holiday arrangements in lieu of Melbourne Cup Day. 2 Commencement This Act comes into operation on the day after the day on which this Act receives the Royal Assent. Victoria -- 2 of 5 -- Public Holidays Amendment Act 2011 No. 22 of 2011 2 Authorised by the Chief Parliamentary Counsel 3 Substituted public holidays (1) In section 8(1) of the Public Holidays Act 1993, for "this section" substitute "section 8A". (2) For section 8(3) to (6) of the Public Holidays Act 1993 substitute— "(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.". 4 New section 8A inserted After section 8 of the Public Holidays Act 1993 insert— "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 See: Act No. 119/1993. Reprint No. 2 as at 17 February 2005 and amending Act Nos 74/2006, 55/2008 and 24/2009. LawToday: www. legislation. vic.gov.au s. 3 -- 3 of 5 -- Public Holidays Amendment Act 2011 No. 22 of 2011 3 Authorised by the Chief Parliamentary Counsel (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.". 5 Repeal of Amending Act This Act is repealed on the first anniversary of its commencement. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ s. 5 -- 4 of 5 -- Public Holidays Amendment Act 2011 No. 22 of 2011 4 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 6 April 2011 Legislative Council: 26 May 2011 The long title for the Bill for this Act was "A Bill for an Act to amend the Public Holidays Act 1993 and for other purposes." Endnotes -- 5 of 5 --