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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Public Holidays Bill 2010
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
Part 2 Public holidays
4 Standard public holidays 3
5 Additional public holidays 4
6 Substituted public holidays 4
7 Employee entitlements on public holidays 5
Part 3 Miscellaneous
8 Local event days 6
9 Delegations 6
10 Regulations 6
b2009-154-20.d24
Public Holidays Bill 2010
Contents
Page
11 Repeal of Banks and Bank Holidays Act 1912 No 43 6
12 Review of Act 6
Schedule 1 Savings, transitional and other provisions 7
Schedule 2 Amendment of Acts 8
Contents page 2
New South Wales
Public Holidays Bill 2010
No , 2010
A Bill for
An Act to provide for the public holidays to be observed in the State; and for other
purposes.
Clause 1 Public Holidays Bill 2010
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Public Holidays Act 2010. 4
2 Commencement 5
(1) This Act commences on 31 December 2010, except as provided by 6
subsection (2). 7
(2) Schedule 2.2 commences on 31 December 2011. 8
3 Definitions 9
(1) In this Act: 10
Director-General means the Director-General of the Department of 11
Services, Technology and Administration. 12
public holiday means a day or part-day declared to be a public holiday 13
by or under this Act. 14
(2) Notes included in this Act do not form part of this Act. 15
Page 2
Public Holidays Bill 2010 Clause 4
Public holidays Part 2
Part 2 Public holidays 1
4 Standard public holidays 2
The following public holidays are declared for the whole State: 3
(a) New Year's Day 4
Public holiday on 1 January. 5
When 1 January is a Sunday, there is to be no public holiday on 6
that day and instead the following day (Monday) is to be a public 7
holiday. 8
(b) Australia Day 9
Public holiday on 26 January. 10
When 26 January is a Saturday or Sunday, there is to be no public 11
holiday on that day and instead the following Monday is to be a 12
public holiday. 13
(c) Good Friday 14
Public holiday on the Friday publicly observed as Good Friday. 15
(d) Easter Saturday 16
Public holiday on the day after Good Friday. 17
(e) Easter Sunday 18
Public holiday on the Sunday following Good Friday. 19
(f) Easter Monday 20
Public holiday on the Monday following Good Friday. 21
(g) Anzac Day 22
Public holiday on 25 April. 23
When 25 April is a Sunday, there is to be no public holiday on 24
that day and instead the following day (Monday) is to be a public 25
holiday. 26
(h) Queen's Birthday 27
Public holiday on the second Monday in June. 28
(i) Labour Day 29
Public holiday on the first Monday in October. 30
(j) Christmas Day 31
Public holiday on 25 December. 32
When 25 December is a Sunday, there is to be no public holiday 33
on that day and instead the following day (Monday) is to be a 34
public holiday. 35
Page 3
Clause 5 Public Holidays Bill 2010
Part 2 Public holidays
(k) Boxing Day 1
Public holiday on 26 December. 2
When 26 December is a Sunday, there is to be no public holiday 3
on that day and instead the following day (Monday) is to be a 4
public holiday. 5
When 26 December is a Monday, there is to be no public holiday 6
on that day for Boxing Day and instead the following day 7
(Tuesday) is to be a public holiday for Boxing Day. 8
Note. When 26 December is a Monday, that day is a public holiday for 9
Christmas Day under paragraph (j). 10
5 Additional public holidays 11
(1) The Minister may by order published on the NSW legislation website 12
declare a specified day or part-day in a particular year to be a public 13
holiday. The order must be published at least 7 days before the public 14
holiday. 15
(2) The order can declare a public holiday for the whole State or for a 16
specified part of the State. 17
(3) The Minister may by order published on the NSW legislation website 18
cancel a public holiday declared under this section. The order must be 19
published at least 7 days before the public holiday. 20
Note. Instead of cancelling an additional public holiday declared under this 21
section, the Minister can decide to substitute a different day for the holiday 22
under section 6. 23
6 Substituted public holidays 24
(1) The Minister may by order published on the NSW legislation website 25
declare that a specified day or part-day in a particular year (the 26
substituted day) is to be a public holiday in substitution for a specified 27
day or part-day in that year (the original day) that would otherwise be 28
a public holiday in a particular year. 29
(2) The substituted day is then a public holiday and the original day is not 30
a public holiday. 31
(3) The order must be published at least 7 days before the earlier of the 32
original day and the substituted day for the public holiday. 33
Page 4
Public Holidays Bill 2010 Clause 7
Public holidays Part 2
7 Employee entitlements on public holidays 1
(1) The following provisions of the Fair Work Act 2009 of the 2
Commonwealth apply as laws of New South Wales to and in respect of 3
employees and employers in the State: 4
section 114 (Entitlement to be absent from employment on public 5
holiday) 6
section 116 (Payment for absence on public holiday) 7
(2) This section (and the provisions applying under this section as laws of 8
New South Wales) are deemed to be industrial instruments for the 9
purposes of Parts 1 (Breach of industrial instruments) and 2 (Recovery 10
of remuneration and other amounts) of Chapter 7 of the Industrial 11
Relations Act 1996. 12
Page 5
Clause 8 Public Holidays Bill 2010
Part 3 Miscellaneous
Part 3 Miscellaneous 1
8 Local event days 2
(1) The Minister may by order made at the request of the council of a local 3
government area declare a specified day or part-day to be a local event 4
day in the local government area or in a specified part of the local 5
government area. 6
(2) The Minister is not to declare a local event day unless satisfied that the 7
day or part-day is, and will be observed as, a day of special significance 8
to the community in the area concerned. 9
(3) The order declaring a local event day must be published on the NSW 10
legislation website at least 7 days before the local event day. 11
(4) The declaration of a local event day does not make the local event day 12
a public holiday. 13
9 Delegations 14
The Minister may delegate the exercise of any function of the Minister 15
under this Act (other than this power of delegation) to: 16
(a) the Director-General, or 17
(b) the holder of any position in the Director-General's Department 18
that is prescribed by the regulations. 19
10 Regulations 20
The Governor may make regulations, not inconsistent with this Act, for 21
or with respect to any matter that by this Act is required or permitted to 22
be prescribed or that is necessary or convenient to be prescribed for 23
carrying out or giving effect to this Act. 24
11 Repeal of Banks and Bank Holidays Act 1912 No 43 25
The Banks and Bank Holidays Act 1912 is repealed. 26
12 Review of Act 27
(1) The Minister is to review this Act to determine whether the policy 28
objectives of the Act remain valid and whether the terms of the Act 29
remain appropriate for securing those objectives. 30
(2) The review is to be undertaken as soon as possible after the period of 31
5 years from the date of assent to this Act. 32
(3) A report on the outcome of the review is to be tabled in each House of 33
Parliament within 12 months after the end of the period of 5 years. 34
Page 6
Public Holidays Bill 2010
Savings, transitional and other provisions Schedule 1
Schedule 1 Savings, transitional and other 1
provisions 2
Part 1 General 3
1 Regulations 4
(1) The regulations may contain provisions of a savings or transitional 5
nature consequent on the enactment of the following Acts: 6
this Act 7
(2) Any such provision may, if the regulations so provide, take effect from 8
the date of assent to the Act concerned or a later date. 9
(3) To the extent to which any such provision takes effect from a date that 10
is earlier than the date of its publication on the NSW legislation website, 11
the provision does not operate so as: 12
(a) to affect, in a manner prejudicial to any person (other than the 13
State or an authority of the State), the rights of that person 14
existing before the date of its publication, or 15
(b) to impose liabilities on any person (other than the State or an 16
authority of the State) in respect of anything done or omitted to 17
be done before the date of its publication. 18
Part 2 Provisions consequent on enactment of this 19
Act 20
2 Anzac Day and Easter Monday 2011 21
Monday 25 April 2011 is a public holiday for Anzac Day but not for 22
Easter Monday. Tuesday 26 April 2011 is declared to be a public 23
holiday for the whole State for Easter Monday. 24
3 Saving of local public holidays declared under former Act 25
(1) A day, or part of a day, appointed under section 19 (3) of the former Act 26
to be observed after the repeal of the former Act as a public holiday or 27
half-holiday in a part of the State is taken to have been declared as a 28
public holiday in that part of the State under section 5 of this Act. 29
(2) In this clause, former Act means the Banks and Bank Holidays Act 30
1912. 31
Page 7
Public Holidays Bill 2010
Schedule 2 Amendment of Acts
Schedule 2 Amendment of Acts 1
2.1 Gaming Machines Act 2001 No 127 2
Section 42 General provisions 3
Omit the definition of public holiday from section 42 (4). Insert instead: 4
public holiday means a public holiday under the Public Holidays 5
Act 2010. 6
2.2 Public Holidays Act 2010 7
Section 4 8
Omit the section. Insert instead: 9
4 Standard public holidays 10
The following public holidays are declared for the whole State: 11
(a) New Year's Day 12
Public holiday on 1 January. 13
When 1 January is a Saturday or Sunday, there is to be an 14
additional public holiday on the following Monday. 15
(b) Australia Day 16
Public holiday on 26 January. 17
When 26 January is a Saturday or Sunday, there is to be no 18
public holiday on that day and instead the following 19
Monday is to be a public holiday. 20
(c) Good Friday 21
Public holiday on the Friday publicly observed as Good 22
Friday. 23
(d) Easter Saturday 24
Public holiday on the day after Good Friday. 25
(e) Easter Sunday 26
Public holiday on the Sunday following Good Friday. 27
(f) Easter Monday 28
Public holiday on the Monday following Good Friday. 29
(g) Anzac Day 30
Public holiday on 25 April. 31
Page 8
Public Holidays Bill 2010
Amendment of Acts Schedule 2
(h) Queen's Birthday 1
Public holiday on the second Monday in June. 2
(i) Labour Day 3
Public holiday on the first Monday in October. 4
(j) Christmas Day 5
Public holiday on 25 December. 6
When 25 December is a Saturday, there is to be an 7
additional public holiday on the following Monday. 8
When 25 December is a Sunday, there is to be an 9
additional public holiday on the following Tuesday. 10
(k) Boxing Day 11
Public holiday on 26 December. 12
When 26 December is a Saturday, there is to be an 13
additional public holiday on the following Monday. 14
When 26 December is a Sunday, there is to be an 15
additional public holiday on the following Tuesday. 16
Page 9
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