Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated ActsDictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• director-general (see s 163)
• person
• public holiday
• public servant
• reviewable decision notice.
"agreement" means an enterprise agreement made under the Fair Work Act 2009 (Cwlth).
"approved training contract—"see the Training and Tertiary Education Act 2003, dictionary.
"authorised officer" means—
(a) for this Act generally—a person appointed under section 14B; and
(b) for section 7 (Leave to be taken within 6 months)—a person appointed under section 7 (4).
"award" means a modern award made under the Fair Work Act 2009 (Cwlth).
"award holiday" means a day that is, under an award or agreement, a holiday for people employed in an industry.
"employee"—a person is taken to be an "employee" of someone else if—
(a) the person performs work the remuneration for which is paid by the other person and consists, either in whole or part, of salary, wages or commission; or
(b) the person is an apprentice of the other person or an employee of the other person; or
(c) the person is a trainee with the other person or an employee of the other person.
"registrar" means the Registrar of Annual Leave under section 14A.
"shiftworker" means—
(a) a person who is a shiftworker within the meaning of an award; or
(b) a person who is a shiftworker within the meaning of an agreement; or
(c) a person (other than a person to whom an award or an agreement applies) who—
(i) is rostered or required to start work after 8 pm and before 6.30 am; or
(ii) having started work before 8 pm, is required, for the purpose of completing the person's ordinary hours of work, to continue work until after that time.
"trainee" means the person who is obliged under an approved training contract to undertake training.
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.
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A = Act |
NI = Notifiable instrument |
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AF = Approved form |
o = order |
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am = amended |
om = omitted/repealed |
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amdt = amendment |
ord = ordinance |
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AR = Assembly resolution |
orig = original |
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ch = chapter |
par = paragraph/subparagraph |
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CN = Commencement notice |
pres = present |
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def = definition |
prev = previous |
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DI = Disallowable instrument |
(prev...) = previously |
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dict = dictionary |
pt = part |
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disallowed = disallowed by the Legislative |
r = rule/subrule |
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Assembly |
reloc = relocated |
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div = division |
renum = renumbered |
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exp = expires/expired |
R[X] = Republication No |
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Gaz = gazette |
RI = reissue |
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hdg = heading |
s = section/subsection |
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IA = Interpretation Act 1967 |
sch = schedule |
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ins = inserted/added |
sdiv = subdivision |
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LA = Legislation Act 2001 |
SL = Subordinate law |
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LR = legislation register |
sub = substituted |
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underlining = whole or part not commenced |
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mod = modified/modification |
or to be expired |
This Act was originally a Commonwealth ordinance—the Annual Holidays Ordinance 1973 No 46 (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).
The Act was later renamed as the Annual Leave Act 1973 by the Annual Leave (Amendment) Act 1997 (see s 5).
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 No 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).
Legislation before becoming Territory enactment
Annual Leave Act 1973 A1973-46
notified 29 November 1973 (Gaz 1973 No 181)
commenced 29 November 1973
as amended by
Annual Holidays Ordinance (No 2) 1973 Ord1973-47
notified 5 December 1973 (Gaz 1973 No 84C)
commenced 5 December 1973 (but see s 7)
Annual Holidays (Amendment) Ordinance 1976 Ord1976-58
notified 10 November 1976 (Gaz 1976 No S201)
commenced 10 November 1976
Self-Government (Consequential Amendments) Ordinance 1989 Ord1989-38 sch 1
notified 10 May 1989 (Cwlth Gaz 1989 No S160)
s 1, s 2 commenced 10 May 1989 (s 2 (1))
sch 1 commenced 11 May 1989 (s 2 (2) and Cwlth Gaz 1989 No S164)
Legislation after becoming Territory enactment
Workers' Compensation (Consequential Amendments) A1991-106 sch
notified 15 January 1992 (Gaz 1991 No S3)
s 1, s 2 commenced 15 January 1992 (s 2 (1))
s 3, sch commenced 22 January 1992 (s 2 (2) and see Gaz 1992 No S9)
Public Sector Management (Consequential and Transitional Provisions) A1994-38 sch 1 pt 6
notified 30 June 1994 (Gaz 1994 No S121)
s 1, s 2 commenced 30 June 1994 (s 2 (1))
sch 1 pt 6 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)
Statute Law Revision (Penalties) A1994-81 sch
notified 29 November 1994 (Gaz 1994 No S253)
s 1, s 2 commenced 29 November 1994 (s 2(1))
sch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269)
Annual Leave (Amendment) A1997-67
notified 9 October 1997 (Gaz 1997 No S300)
ss 1-3 commenced 9 October 1997 (s 2 (1))
ss 4-15 commenced 17 December 1997 (s 2 (2) and Gaz 1997 No S415)
Legislation (Consequential Amendments) A2001-44 pt 20
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 20 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Vocational Education and Training Act 2003 A2003-37 sch 2 pt 2.1
notified LR 8 September 2003
s 1, s 2 commenced 8 September 2003 (LA s 75 (1))
sch 2 pt 2.1 commenced 1 November 2003 (s 2)
Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.5
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 2 pt 2.5 commenced 9 April 2004 (s 2 (1))
Annual Leave Amendment Act 2004 A2004-41
notified LR 9 July 2004
s 1, s 2 commenced 9 July 2004 (LA s 75 (1))
remainder commenced 10 July 2004 (s 2)
Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.6
notified LR 27 October 2005
s 1, s 2 commenced 27 October 2005 (LA s 75 (1))
sch 1 pt 1.6 commenced 24 November 2005 (s 2)
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.7
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.7 commenced 12 April 2007 (s 2 (1))
Training and Tertiary Education Legislation Amendment Act 2007 A2007-12 sch 1 pt 1.2
notified LR 13 June 2007
s 1, s 2 commenced 13 June 2007 (LA s 75 (1))
sch 1 pt 1.2 commenced 1 July 2007 (s 2 and CN2007-3)
Statute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.3
notified LR 20 June 2007
s 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))
sch 3 pt 3.3 commenced 11 July 2007 (s 2 (1))
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.9
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.9 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.11
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.11 commenced 1 July 2011 (s 2 (1))
Statute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.2
notified LR 31 August 2011
s 1, s 2 commenced 31 August 2011 (LA s 75 (1))
sch 3 pt 3.2 commenced 21 September 2011 (s 2
(1))
Title
title sub
A1997-67 s 4
Name of
Act
s
1 sub
Ord1976-58
am A1997-67 s
5
Dictionary
s
2 am A1997-67 s 6
defs reloc to dict
A2007-3 amdt 3.25
sub A2007-3 amdt
3.26
def approved training
agreement ins A1997-67 s
6
om A2003-37 amdt
2.1
def determination
ins Ord1973-47 s 2
om A1997-67 s
6
def prescribed
officer om A1994-38 sch 1 pt
6
def training
agreement ins A1997-67 s
6
om A2003-37 amdt
2.4
Notes
s
2A ins A2005-54 amdt 1.36
Offences against Act—application of
Criminal Code etc
s 2B ins
A2005-54 amdt 1.36
Annual
leave
s 4 am Ord1973-47 s 3;
Ord1976-58; A1991-106 sch; A1997-67 s 7; A2004-41 s 4
Period of
leave
s 5 hdg am A1997-67
notes
s 5 am A1997-67
sch
Annual leave
pay
s 6 am Ord1973-47 s
4
sub A1997-67 s
8
am A2007-3 amdt 3.27, amdt
3.28
Leave to be taken within 6
months
s 7 am A1994-38 sch 1 pt
6; A1997-67 s 9, sch; A2005-54 amdt 1.37; ss renum A2005-54 amdt 1.38;
A2007-3 amdt 3.29; A2011-28 amdt 3.2
Payment of leave
pay
s 8 hdg am A1997-67
notes
s 8 am A1997-67
sch
Public holidays not to count as
leave
s 9 am A1997-67
sch
Employer may require employee to take annual
leave
s 10 hdg am A1997-67
notes
s 10 am A1997-67
sch
No payment instead of
leave
s 11 hdg am A1997-67
notes
s 11 am Ord1973-47 s 5;
A1997-67 sch
Close-down
s
12 am A1973-47 s 6; A1997-67 s 10, sch; A2007-3 amdt 3.30; ss renum R12
LA
Annual leave
records
s 13 am A1997-67 s 11;
pars renum R6 LA
sub A2005-54 amdt
1.39
Registrar of Annual
Leave
s 14A ins A1997-67 s
12
am A2001-44 amdt 1.211, amdt
1.212
sub A2007-3 amdt
3.31
(3)-(5) exp 12 April 2008 (s
14A (5))
am A2011-22 amdt
1.40
Authorised
officers
s 14B ins A1997-67 s
12
sub A2007-3 amdt
3.31
(2)-(4) exp 12 April 2008 (s
14B (4))
am A2011-22 amdt
1.40
Identity
cards
s 14C ins A1997-67 s
12
sub A2005-54 amdt
1.40
(6)-(8) exp 24 November 2005 (s
14C (8))
am A2011-22 amdt
1.40
Powers of entry of authorised
officers
s 14D ins A1997-67 s
12
Complaints
s
14E ins A1997-67 s 12
am A2001-44
amdt 1.213-1.215
Notice to comply with
Act
s 14F ins A1997-67 s
12
sub A2005-54 amdt
1.41
Review of directions by
registrar
s 14G ins A1997-67 s
12
am A2008-37 amdt
1.31
Review by
ACAT
s 14H ins A1997-67 s
12
sub A2008-37 amdt
1.32
Failing to comply with requirement of
authorised officer
s 14J hdg sub
A2004-15 amdt 2.13
s 14J ins A1997-67
s 12
am A2004-15 amdt 2.14, amdt
2.15
om A2005-54 amdt
1.42
Liability
s
14K ins A1997-67 s 12
am A2001-44
amdt 1.216
Delegation by
registrar
s 14L ins A1997-67 s
12
am A2001-44 amdt
1.216
sub A2007-3 amdt
3.32
Amount payable by
employer—offence
s 15 am
A1994-81 sch; A1997-67 s 13; R6
LA
sub A2005-54 amdt
1.43
Approved
forms
s 16 am Ord1989-38 sch
1
A1997-67 s 16; A2001-44 amdt
1.217; A2011-28 amdt 3.3
Regulation-making
power
s 17 ins A2001-44 amdt
1.217
Transitional—Fair Work Act
(Cwlth)
s 18 ins A2011-28 amdt
3.4
exp 21 September 2012 (s 18
(3))
Dictionary
dict ins
A2007-3 amdt 3.33
am A2008-37 amdt
1.33; A2011-22 amdt 1.41; A2011-28
amdt 3.5
def
agreement am A1991-106 sch; A1997-67 s
6
reloc from s 2 A2007-3 amdt
3.25
sub A2011-28 amdt
3.6
def approved training
contract ins A2003-37 amdt
2.2
reloc from s 2 A2007-3 amdt
3.25
am A2007-12 amdt
1.5
def authorised
officer am Ord1989-38 sch
1
sub A1997-67 s
6
reloc from s 2 A2007-3 amdt
3.25
om R14
LA
def authorised
officer ins A2007-3 amdt
3.33
sub A2007-16 amdt
3.13
def award am
Ord1973-47 s 2; A1991-106 sch; A1997-67
s 6
reloc from s 2 A2007-3 amdt
3.25
sub A2011-28 amdt
3.7
def award holiday
reloc from s 2 A2007-3 amdt
3.25
def employee ins
A2007-3 amdt 3.33
def
registrar ins A2005-54 amdt
1.35
reloc from s 2 A2007-3 amdt
3.25
def shiftworker
sub Ord1973-47 s 2
am A1991-106
sch
reloc from s 2 A2007-3 amdt
3.25
sub A2011-28 amdt
3.8
def trainee ins
A1997-67 s 6
am A2003-37 amdt
2.3
reloc from s 2 A2007-3 amdt
3.25
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 |
Amendments to |
Republication date |
|---|---|---|
|
1 |
Ord1989-38 |
30 April 1991 |
|
2 |
A1991-106 |
31 January 1993 |
|
3 |
A1994-81 |
31 January 1995 |
|
4 |
A1994-81 |
31 January 1997 |
|
5 |
A1997-67 |
31 January 1998 |
|
6 |
A2001-44 |
11 January 2002 |
|
7 |
A2003-37 |
1 November 2003 |
|
8 |
A2004-15 |
9 April 2004 |
|
9 |
A2004-41 |
10 July 2004 |
|
10 |
A2005-54 |
24 November 2005 |
|
11 |
A2005-54 |
25 November 2005 |
|
12 |
A2007-3 |
12 April 2007 |
|
13 |
A2007-16 |
1 July 2007 |
|
14 |
A2007-16 |
11 July 2007 |
|
15* |
A2007-16 |
13 April 2008 |
|
16 |
A2008-37 |
2 February 2009 |
|
17 |
A2011-22 |
1 July 2011 |
© Australian Capital Territory 2011