Bank Holidays Legislation Amendment
Bill 2002

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Shops and Industries Act 1962 and the
Banks and Bank Holidays Act 1912:

(a) to prevent banks from opening on Saturdays and Sundays unless they have
an approval to do so granted by the Director-General of the Department of
Industrial Relations or fall within certain exceptions, and

(b) to enable the Director-General to deal with applications for approvals.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days
to be appointed by proclamation.

Clause 3 gives effect to Schedule 1 which contains amendments to the Shops
and Industries Act 1962.

Clause 4 gives effect to Schedule 2 which contains amendments to the Banks
and Bank Holidays Act 1912.

Schedule 1 Amendment of Shops and Industries
Act 1962
Schedule 1 [2] inserts proposed Part 2 into the Shops and Industries Act 1962
which enables a bank to apply for approval to open all branches or one or more
branches on a Saturday or Sunday, or both.

Proposed section 6 provides that the application is to be made to the Director-General
of the Department of Industrial Relations. In determining an
application, the Director-General is to consider whether granting the approval
will be in the interests of the public. The Director-General can impose conditions
on an approval.

Proposed section 5 provides that bank has the same meaning as in Part 3 of the
Banks and Bank Holidays Act 1912 (see definition to be inserted by Schedule
2 [1] to the proposed Act).

Proposed section 7 provides that an approval remains in force for the period
specified in the approval or, if no period is specified, until cancelled, subject to
any suspension.

Proposed section 8 provides that the Director-General can vary the conditions of
an approval or suspend or cancel an approval.

Proposed section 9 provides that a bank that is an applicant for an approval or
the holder of an approval may apply to the Administrative Decisions Tribunal
for a review of certain decisions relating to the application or the approval.

Schedule 1 [4] enables regulations of a savings or transitional nature to be made
as a consequence of the enactment of the proposed amendments.

Schedule 1 [1] and [3] contain statute law revision amendments.

Schedule 2 Amendment of Banks and Bank Holidays
Act 1912
Schedule 2 [1] inserts a definition of bank into Part 3 of the Banks and Bank
Holidays Act 1912. The definition defines bank as an authorised deposit-taking
institution within the meaning of the Banking Act 1959 of the Commonwealth
that is authorised to use the word “bank” or a word of similar import in its name.

Regulations may be made excluding any such institution from the definition.

Schedule 2 [2] substitutes section 15A of the Banks and Bank Holidays Act 1912
so as to provide that Saturdays and Sundays that are not otherwise bank holidays
are bank holidays and are to be kept as close holidays in all banks in New South
Wales. However, this does not prevent a bank opening in accordance with an
approval granted under proposed Part 2 of the Shops and Industries Act 1962 (to
be inserted by Schedule 1 [2] to the proposed Act). Proposed section 15A does
not apply to an agency of a bank unless the agency is a subsidiary of the bank or
is controlled by the bank. Currently, section 15A provides for Saturdays to be
bank holidays and prevents banks from opening on those days.

Schedule 2 [3] omits obsolete provisions that are covered by Commonwealth
legislation.

Schedule 2 [4] enables regulations to be made for the purposes of the Banks and
Bank Holidays Act 1912 and gives effect to proposed Schedule 5 to that Act
which contains savings and transitional provisions.

Schedule 2 [5] enables savings and transitional regulations to be made and
contains the following specific savings and transitional provisions:

(a) a provision that ensures that the proposed amendments to the Banks and
Bank Holidays Act 1912 do not affect the meaning of bank holiday or
public holiday in any existing industrial instrument,

(b) a provision that enables banks that were opening on the weekend during
the 12-month period before the commencement of the proposed
amendments to continue to so open for a further 6 months (or if they lodge
an application for an approval under proposed Part 2 of the Shops and
Industries Act 1962, until the application is finally determined) without
the need for such an approval.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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