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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Bank Holidays Legislation Amendment
Bill 2002
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Shops and Industries Act 1962 No 43 2
4 Amendment of Banks and Bank Holidays Act 1912 No 43 2
Schedules
1 Amendment of Shops and Industries Act 1962 3
2 Amendment of Banks and Bank Holidays Act 1912 7
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2002
New South Wales
Bank Holidays Legislation Amendment
Bill 2002
Act No , 2002
An Act to amend the Shops and Industries Act 1962 and the Banks and Bank
Holidays Act 1912 with respect to the opening of banks on weekends; and for
other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Bank Holidays Legislation Amendment Bill 2002
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Bank Holidays Legislation Amendment Act 2002.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Shops and Industries Act 1962 No 43
The Shops and Industries Act 1962 is amended as set out in
Schedule 1.
4 Amendment of Banks and Bank Holidays Act 1912 No 43
The Banks and Bank Holidays Act 1912 is amended as set out in
Schedule 2.
Page 2
Bank Holidays Legislation Amendment Bill 2002
Amendment of Shops and Industries Act 1962 Schedule 1
Schedule 1 Amendment of Shops and Industries
Act 1962
(Section 3)
[1] Section 4 Definitions
Omit ", Employment, Training and Further Education" from the definition
of Director-General in section 4 (1).
[2] Part 2
Insert after Part 1:
Part 2 Opening of banks on weekends
5 Definition
In this Part, bank has the same meaning as in Part 3 of the
Banks and Bank Holidays Act 1912.
6 Banks may apply to open on weekends
(1) A bank may apply to the Director-General for approval to
open the bank, or one or more branches of the bank, in New
South Wales on Saturdays or Sundays, or both, that are
declared to be bank holidays under section 15A of the Banks
and Bank Holidays Act 1912.
(2) An application is:
(a) to be made in writing to the Director-General, and
(b) to be accompanied by such information as the Director-
General requires to determine the application, and
(c) to be accompanied by the fee prescribed by the
regulations.
(3) The Director-General may:
(a) grant an approval unconditionally or subject to
conditions, or
(b) refuse to grant an approval.
(4) In determining an application for an approval, the Director-
General is to consider whether granting the approval would be
in the interests of the public, taking into account the likely
effect of granting the approval on particular sections of the
Page 3
Bank Holidays Legislation Amendment Bill 2002
Schedule 1 Amendment of Shops and Industries Act 1962
public, including customers of the bank concerned in any
particular area (whether or not an area the subject of the
application) and persons employed or engaged (whether or
not by the bank) to perform services for the bank.
(5) Nothing in subsection (4) limits the matters that the Director-
General may consider in determining an application for
approval.
(6) For the purposes of determining an application for approval,
the Director-General may request the applicant to provide
such further information as the Director-General considers
relevant to the determination of the application.
(7) The Director-General may refuse to grant an approval if the
applicant for approval does not comply with a request under
subsection (6).
(8) The Director-General may prepare guidelines relating to the
type of information that may be required in connection with
an application under this Part.
(9) In preparing any such guidelines, the Director-General may
consult with the banking industry.
(10) If the Director-General grants an approval, the Director-
General must issue the applicant with a written approval that
sets out any conditions to which the approval is subject.
(11) If the Director-General refuses an application for approval,
the Director-General must give notice of the refusal in writing
to the applicant setting out the reasons for the refusal.
(12) If the Director-General has not determined an application for
approval before the expiration of the period of 40 days after
the application was made to the Director-General (or such
longer period as the Director-General determines with the
consent in writing of the applicant), the Director-General is
taken to have made a decision to refuse to grant the approval.
7 Duration of approval
Except during any period of suspension, an approval under
this Part remains in force for the period specified in the
approval or, if no period is so specified, until the approval is
cancelled.
Page 4
Bank Holidays Legislation Amendment Bill 2002
Amendment of Shops and Industries Act 1962 Schedule 1
8 Variation, suspension or cancellation of approval
(1) The Director-General may vary the conditions of, or suspend
or cancel, an approval under this Part.
(2) An approval may be suspended or cancelled only if:
(a) the bank that holds the approval has contravened a
condition of the approval, or
(b) the Director-General considers that it is no longer in the
interests of the public for the approval to remain in
force.
(3) The Director-General may only vary the conditions of, or
suspend or cancel, an approval under this Part:
(a) after having given the bank concerned written reasons
for the Director-General's intention to vary, suspend or
cancel and an opportunity to make submissions, and
(b) after having considered any submissions duly made by
the bank.
(4) Subsection (3) does not apply to the cancellation of an
approval at the request of the bank that holds the approval.
(5) A variation of the conditions of, or a suspension or
cancellation of, an approval:
(a) must be made by notice in writing served on the bank
that holds the approval, and
(b) takes effect at the time at which the notice is served or
at a later time specified in the notice.
(6) Before determining to take action under this section in
relation to an approval, the Director-General may (but need
not) determine that the approval will be subject to a period of
review.
(7) The Director-General is to give written notice of a
determination under subsection (6) to the bank that holds the
approval concerned and is to include in the notice written
reasons for the determination.
Page 5
Bank Holidays Legislation Amendment Bill 2002
Schedule 1 Amendment of Shops and Industries Act 1962
9 Review by Administrative Decisions Tribunal of decisions
relating to approval
(1) A bank that is the applicant for an approval under this Part or
the holder of such an approval may apply to the
Administrative Decisions Tribunal for a review of any of the
following decisions:
(a) a decision of the Director-General to refuse to grant the
approval,
(b) a decision of the Director-General to impose conditions
on the approval,
(c) a decision of the Director-General to vary the
conditions of the approval,
(d) a decision of the Director-General to suspend or cancel
the approval.
(2) A representative of an industrial organisation of which
persons employed or engaged to perform services for a bank
are entitled or eligible to belong may apply to the
Administrative Decisions Tribunal for a review of any of the
following decisions:
(a) a decision of the Director-General to grant an approval
under this Part to the bank (whether with or without
conditions),
(b) a decision of the Director-General to vary the
conditions of an approval granted to the bank under this
Part.
(3) In this section, industrial organisation means an industrial
organisation within the meaning of the Industrial Relations
Act 1996, or an organisation registered under the Workplace
Relations Act 1996 of the Commonwealth.
[3] Schedule 2 Savings, transitional and other provisions
Omit "make regulations containing" from clause 1 (1).
Insert instead "contain".
[4] Schedule 2
Insert "Bank Holidays Legislation Amendment Act 2002" at the end of
clause 1 (1).
Page 6
Bank Holidays Legislation Amendment Bill 2002
Amendment of Banks and Bank Holidays Act 1912 Schedule 2
Schedule 2 Amendment of Banks and Bank Holidays
Act 1912
(Section 4)
[1] Section 14A
Insert after section 14:
14A Definition
In this Part, bank means an authorised deposit-taking
institution (within the meaning of the Banking Act 1959 of the
Commonwealth) that is authorised under that Act to use in its
name:
(a) the word bank, or
(b) any other word or expression (whether or not in
English) that is of like import to the word bank,
but does not include any such institution that is excluded from
this definition by the regulations.
[2] Section 15A
Omit the section. Insert instead:
15A Saturdays and Sundays to be bank holidays
(1) Every Saturday and Sunday that is not a bank holiday under
another provision of this Act is declared to be a bank holiday
under this section and is to be kept as a close holiday in all
banks in New South Wales.
(2) Subsection (1) does not prevent a bank opening (or one or
more of its branches opening) in accordance with an approval
granted under Part 2 of the Shops and Industries Act 1962.
(3) This section does not apply to an agency of a bank unless the
agency is a subsidiary of the bank (within the meaning of the
Corporations Act 2001 of the Commonwealth) or the bank
controls the agency (within the meaning of section 50AA of
that Act).
[3] Sections 16 and 17
Omit the sections.
Page 7
Bank Holidays Legislation Amendment Bill 2002
Schedule 2 Amendment of Banks and Bank Holidays Act 1912
[4] Part 4
Insert after Part 3:
Part 4 Miscellaneous
23 Regulations
The Governor may make regulations, not inconsistent with
this Act, for or with respect to any matter that by this Act is
required or permitted to be prescribed or that is necessary or
convenient to be prescribed for carrying out or giving effect
to this Act.
24 Savings, transitional and other provisions
Schedule 5 has effect.
[5] Schedule 5
Insert after the Fourth Schedule:
Schedule 5 Savings, transitional and other
provisions
(Section 24)
Part 1 Preliminary
1 Regulations
(1) The regulations may contain provisions of a savings or
transitional nature consequent on the enactment of the
following Acts:
Bank Holidays Legislation Amendment Act 2002
(2) Any such provision may, if the regulations so provide, take
effect from the date of assent to the Act concerned or a later
date.
(3) To the extent to which any such provision takes effect from a
date that is earlier than the date of its publication in the
Gazette, the provision does not operate so as:
Page 8
Bank Holidays Legislation Amendment Bill 2002
Amendment of Banks and Bank Holidays Act 1912 Schedule 2
(a) to affect, in a manner prejudicial to any person (other
than the State or an authority of the State), the rights of
that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State
or an authority of the State) in respect of anything done
or omitted to be done before the date of its publication.
Part 2 Provisions consequent on enactment of
Bank Holidays Legislation Amendment
Act 2002
2 Existing references to bank holidays
(1) In this clause:
amending Act means the Bank Holidays Legislation
Amendment Act 2002.
existing industrial instrument means an industrial instrument
as defined in the Industrial Relations Act 1996 that was made
before the commencement of this clause.
(2) An amendment made to Part 3 of this Act by the amending
Act does not affect the meaning of any reference in any
existing industrial instrument to a bank holiday or public
holiday.
3 Opening hours for banks
A bank that was opening on any Saturday or Sunday, or both,
during the period of 12 months immediately before the
commencement of this clause may continue to so open
without the need for an approval under Part 2 of the Shops and
Industries Act 1962:
(a) until the expiration of the period of 6 months from the
commencement of this clause, or
Page 9
Bank Holidays Legislation Amendment Bill 2002
Schedule 2 Amendment of Banks and Bank Holidays Act 1912
(b) if the bank makes an application for an approval under
that Part before the expiration of that 6-month period,
until the application is finally determined (taking into
account any proceedings for a review by the
Administrative Decisions Tribunal of a decision to
refuse the application or to impose conditions of
approval).
Page 10
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