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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Industrial and Other Legislation
Amendment (APEC Public Holiday)
Bill 2007
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Industrial Relations Act 1996 No 17 2
4 Amendment of Shops and Industries Act 1962 No 43 2
5 Amendment of Long Service Leave Act 1955 No 38 2
6 Amendment of Banks and Bank Holidays Act 1912 No 43 2
7 Repeal of Act 2
Schedule 1 Amendment of Industrial Relations Act 1996 3
Schedule 2 Amendment of Shops and Industries Act 1962 4
Schedule 3 Amendment of Long Service Leave Act 1955 5
Schedule 4 Amendment of Banks and Bank Holidays Act 1912 6
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, , 2007
New South Wales
Industrial and Other Legislation
Amendment (APEC Public Holiday)
Bill 2007
Act No , 2007
An Act to amend certain Acts to clarify the way in which various references to public
holidays are to be interpreted in respect of the public holiday appointed on 7
September 2007 in metropolitan Sydney to facilitate the holding of an APEC meeting
on that day; 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.
Assistant Speaker of the Legislative Assembly.
Industrial and Other Legislation Amendment (APEC Public Holiday)
Clause 1 Bill 2007
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Industrial and Other Legislation Amendment (APEC
Public Holiday) Act 2007.
2 Commencement
(1) This Act commences on the date of assent to this Act, except as
provided by subsection (2).
(2) Section 4 and Schedule 2 commence on a day to be appointed by
proclamation.
3 Amendment of Industrial Relations Act 1996 No 17
The Industrial Relations Act 1996 is amended as set out in Schedule 1.
4 Amendment of Shops and Industries Act 1962 No 43
The Shops and Industries Act 1962 is amended as set out in Schedule 2.
5 Amendment of Long Service Leave Act 1955 No 38
The Long Service Leave Act 1955 is amended as set out in Schedule 3.
6 Amendment of Banks and Bank Holidays Act 1912 No 43
The Banks and Bank Holidays Act 1912 is amended as set out in
Schedule 4.
7 Repeal of Act
(1) This Act is repealed at the beginning of 13 September 2007.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Industrial and Other Legislation Amendment (APEC Public Holiday)
Bill 2007
Amendment of Industrial Relations Act 1996 Schedule 1
Schedule 1 Amendment of Industrial Relations Act
1996
(Section 3)
Schedule 4 Savings, transitional and other provisions
Insert at the end of the Schedule:
Part 10 Provisions consequent on appointment of
APEC public holiday
49 Definition
In this Part, the APEC public holiday means 7 September 2007,
being the day appointed by the notice published under section 19
(3) of the Banks and Bank Holidays Act 1912 in Gazette No 36 of
2 March 2007 as a day to be observed as a public holiday in the
local government areas specified in the Schedule to the notice.
50 APEC public holiday
A reference in any industrial instrument to a public holiday
(whether described as a "holiday", "public holiday",
"proclaimed", "gazetted", "for the State", "for a special purpose"
or otherwise) is taken to include a reference to the APEC public
holiday, but only in respect of employment in the local
government areas in which that holiday is to be observed.
Page 3
Industrial and Other Legislation Amendment (APEC Public Holiday)
Bill 2007
Schedule 2 Amendment of Shops and Industries Act 1962
Schedule 2 Amendment of Shops and Industries Act
1962
(Section 4)
Schedule 2 Savings, transitional and other provisions
Insert after clause 7:
Part 4 Provisions consequent on appointment of
APEC public holiday
8 Definition
In this Part, the APEC public holiday means 7 September 2007,
being the day appointed by the notice published under section 19
(3) of the Banks and Bank Holidays Act 1912 in Gazette No 36 of
2 March 2007 as a day to be observed as a public holiday in the
local government areas specified in the Schedule to the notice.
9 APEC public holiday and this Act
The APEC public holiday is taken to be a public holiday for the
purposes of this Act, but only in respect of the local government
areas in which that holiday is to be observed.
10 Certain exemptions of no effect on APEC public holiday
(1) Subject to subclause (2), any exemption from the operation of
section 85 (1), in respect of a shop in a local government area in
which the APEC public holiday is to be observed, whether
granted before or after the commencement of this clause, is of no
effect on the APEC public holiday.
(2) However, subclause (1) does not apply to any suspension, under
section 85 (2), of the operation of section 85 (1) in relation to the
APEC public holiday.
Page 4
Industrial and Other Legislation Amendment (APEC Public Holiday)
Bill 2007
Amendment of Long Service Leave Act 1955 Schedule 3
Schedule 3 Amendment of Long Service Leave Act
1955
(Section 5)
Schedule 1 Savings and transitional provisions
Insert after clause 2:
3 Provision consequent on appointment of APEC public holiday
(1) Section 4 (4A) applies in relation to the APEC public holiday as
if that holiday were appointed under section 4 (4A) (a), but only
in respect of employment in the local government areas in which
the APEC public holiday is to be observed.
(2) In this clause, the APEC public holiday means 7 September
2007, being the day appointed by the notice published under
section 19 (3) of the Banks and Bank Holidays Act 1912 in
Gazette No 36 of 2 March 2007 as the day to be observed as a
public holiday in the local government areas specified in the
Schedule to the notice.
Page 5
Industrial and Other Legislation Amendment (APEC Public Holiday)
Bill 2007
Schedule 4 Amendment of Banks and Bank Holidays Act 1912
Schedule 4 Amendment of Banks and Bank Holidays
Act 1912
(Section 6)
Schedule 5 Savings, transitional and other provisions
Insert after clause 3:
Part 3 Provisions consequent on appointment of
APEC public holiday
4 Definition
In this Part, the APEC public holiday means 7 September 2007,
being the day appointed by the notice published under section 19
(3) in Gazette No 36 of 2 March 2007 as a day to be observed as
a public holiday in the local government areas specified in the
Schedule to the notice.
5 Regulations concerning APEC public holiday
(1) The regulations may contain provisions of a savings or
transitional nature consequent on the appointment of the APEC
public holiday.
(2) Without limiting subclause (1), the regulations may provide that,
for the purposes of any Act or any statutory instrument (or any
provision of any Act or any statutory instrument) specified in the
regulations, the APEC public holiday:
(a) is taken to be a business day, or
(b) is taken not to be a business day, or
(c) is taken to be a public holiday, or
(d) is taken not to be a public holiday, or
(e) is taken to be a working day, or
(f) is taken not to be a working day.
(3) Any such regulation may, if made after 7 September 2007,
provide that, for the purposes of the Act, instrument or provision
concerned, the APEC public holiday is taken always to have
been, or not to have been, a business day, public holiday or
working day (as the case may require).
Page 6
Industrial and Other Legislation Amendment (APEC Public Holiday)
Bill 2007
Amendment of Banks and Bank Holidays Act 1912 Schedule 4
6 Compensation not payable in respect of APEC-related matters
(1) Compensation is not payable by or on behalf of:
(a) the State or an authority of the State, or
(b) a local council, or
(c) an officer, employee or agent of the State, an authority of
the State or a local council,
for an act or omission that is an APEC-related matter or that
arises (directly or indirectly) from an APEC-related matter.
(2) Subclause (1):
(a) applies only in respect of acts done or omitted to be done
in good faith, and
(b) does not apply to acts or omissions that cause personal
injury to a person or the death of a person.
(3) In this clause:
APEC-related matter means the following:
(a) the appointment of the APEC public holiday,
(b) the holding of any Asia-Pacific Economic Cooperation
meeting during the period commencing at the beginning of
30 August 2007 and ending at the end of 12 September
2007,
(c) the exercise of functions under the APEC Meeting (Police
Powers) Act 2007.
compensation includes damages and any other form of monetary
compensation.
Page 7
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