Public Holidays Amendment Act 2008

i Public Holidays Amendment Act 2008 No. 55 of 2008 TABLE OF PROVISIONS Section Page 1 Purpose 1 2 Commencement 2 3 Principal Act 2 4 Application of Act section repealed 2 5 Section 6 substituted 2 6 Public holidays 2 6 Additional public holidays 3 7 Section 8 substituted 3 8 Substituted public holidays 3 8 Holiday entitlements 5 9 Repeal of amending Act 6 ═══════════════ ENDNOTES 7 -- 1 of 8 -- 1 Public Holidays Amendment Act 2008 † No. 55 of 2008 [Assented to 23 September 2008] The Parliament of Victoria enacts: 1 Purpose The main purpose of this Act is to amend the Public Holidays Act 1993— (a) to provide greater certainty as to public holiday arrangements in Victoria; (b) to repeal provisions relating to the appointment of additional and substituted public holidays by non-metropolitan Councils; (c) to provide for a public holiday on Melbourne Cup Day or a substituted day to be observed in all parts of Victoria; Victoria -- 2 of 8 -- Public Holidays Amendment Act 2008 No. 55 of 2008 2 (d) to improve generally the operation of that Act. 2 Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3 Principal Act In this Act, the Public Holidays Act 1993 is called the Principal Act. 4 Application of Act section repealed Section 4 of the Principal Act is repealed. 5 Section 6 substituted For section 6 of the Principal Act substitute— "6 Public holidays The following days are appointed as public holidays— (a) 1 January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); s. 2 See: Act No. 119/1993. Reprint No. 2 as at 17 February 2005 and amending Act No. 74/2006. LawToday: www. legislation. vic.gov.au -- 3 of 8 -- Public Holidays Amendment Act 2008 No. 55 of 2008 3 (e) Good Friday; (f) the Saturday before 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); (j) the first Tuesday in November (Melbourne Cup Day); (k) 25 December (Christmas Day) or 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.". 6 Additional public holidays Sections 7(1)(b), 7(3), 7(4) and 7(5) of the Principal Act are repealed. 7 Section 8 substituted For section 8 of the Principal Act substitute— "8 Substituted public holidays (1) Subject to this section, 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 s. 6 -- 4 of 8 -- Public Holidays Amendment Act 2008 No. 55 of 2008 4 (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). (3) A non-metropolitan Council may request in writing that the Minister make a declaration under subsection (1)— (a) that the day appointed under section 6 being the first Tuesday in November (Melbourne Cup Day) is not in a s. 7 -- 5 of 8 -- Public Holidays Amendment Act 2008 No. 55 of 2008 5 specified year such a public holiday in the municipal district of that Council; and (b) that another day be appointed as a public holiday in that year. (4) A request under subsection (3)— (a) may only be made at least 90 days before the Melbourne Cup Day to which the request relates; and (b) may only be made for the whole of the municipal district of that Council; and (c) must specify the day of the substituted public holiday. (5) In making a declaration on a request under subsection (3), the Minister must not appoint as the public holiday— (a) 2 half-days; or (b) a Saturday or Sunday. (6) The day or half-day appointed under subsection (1) replaces the public holiday or public half-holiday for which it was substituted.". 8 Holiday entitlements (1) Before section 10(1) of the Principal Act insert— "(1AA) This section is of no effect to the extent that it is inconsistent with the Workplace Relations Act 1996 of the Commonwealth or any instrument given effect to under that Act.". (2) In section 10(1) of the Principal Act, for "a person referred to in section 4(a)" substitute "a person employed in Victoria". (3) Section 10(1)(b) of the Principal Act is repealed. s. 8 -- 6 of 8 -- Public Holidays Amendment Act 2008 No. 55 of 2008 6 9 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. 9 -- 7 of 8 -- Public Holidays Amendment Act 2008 No. 55 of 2008 7 ENDNOTES † Minister's second reading speech— Legislative Assembly: 26 June 2008 Legislative Council: 21 August 2008 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 -- 8 of 8 --