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

This Bill is cognate with the APEC Meeting (Police Powers) Bill 2007.

Overview of Bill

Friday, 7 September 2007 has been appointed as a public holiday in certain local
government areas of metropolitan Sydney to facilitate the holding of an Asia-Pacific
Economic Cooperation (APEC) meeting in Sydney on that day.

The objects of this Bill are:

(a) to provide that 7 September 2007 is to be a public holiday for the purposes of
State industrial instruments and laws, but only in respect of employment in the
local government areas in which the holiday is to be observed, and

(b) to permit the clarification of the way in which various other references to
“public holidays” are to be interpreted in respect of that holiday, and

(c) to provide that the State is not liable to pay compensation for economic loss in
respect of anything done or omitted to be done in good faith in connection with
an APEC-related matter.

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 (except for section 4
and Schedule 2) on the date of assent to the Act. Section 4 and Schedule 2 are to
commence on a day to be appointed by proclamation.

Clause 3 is a formal provision that gives effect to the amendment to the Industrial
Relations Act 1996 set out in Schedule 1.

Clause 4 is a formal provision that gives effect to the amendment to the Shops and
Industries Act 1962 set out in Schedule 2.

Clause 5 is a formal provision that gives effect to the amendment to the Long Service
Leave Act 1955 set out in Schedule 3.

Clause 6 is a formal provision that gives effect to the amendment to the Banks and
Bank Holidays Act 1912 set out in Schedule 4.

Clause 7 provides for the repeal of the proposed Act at the beginning of 13
September 2007 (the APEC period ends at the end of 12 September 2007). Section
30 of the Interpretation Act 1987 provides that the repeal of an amending Act does
not affect the amendments made by that Act.

Schedule 1 Amendment of Industrial Relations Act
1996
Schedule 1 inserts proposed Part 10 (clauses 49 and 50) in the Schedule of savings,
transitional and other provisions to the Industrial Relations Act 1996 (the Act).

Proposed clause 49 inserts a definition of the APEC public holiday for the purposes
of the proposed Part.

Proposed clause 50 makes it clear that a reference in any industrial instrument
(within the meaning of the Act) to a public holiday is taken to include a reference to
the APEC public holiday, but only in respect of the local government areas in which
that holiday is to be observed. This is so regardless of the way in which the public
holiday is described in the instrument concerned (for example, “day gazetted as a
public holiday for the State”).

Schedule 2 Amendment of Shops and Industries Act
1962
Schedule 2 inserts proposed Part 4 (clauses 8–10) in the Schedule of savings,
transitional and other provisions to the Shops and Industries Act 1962 (the Act).

Proposed clause 8 inserts a definition of the APEC public holiday for the purposes
of the proposed Part.

Proposed clause 9 provides that the APEC public holiday is taken to be a public
holiday for the purposes of the Act, but only in respect of the local government areas
in which that holiday is to be observed.

Section 85 (1) of the Act requires certain shops to be kept closed on public holidays.

Section 85 (2) and (3) permit the Minister, by order published in the Gazette, to
suspend the operation of section 85 (1) in certain circumstances. Other provisions of
the Act also provide for various exemptions from the operation of the Act or parts of
the Act (for example, section 78A).

Proposed clause 10 provides that any such exemption is of no effect on the APEC
public holiday in respect of shops in the local government areas in which that holiday
is to be observed. However, the proposed clause makes it clear that the clause does
not operate to nullify any suspension under section 85 (2) of the operation of section
85 (1) in relation to the APEC public holiday.

Schedule 3 Amendment of Long Service Leave Act
1955
Schedule 3 inserts proposed clause 3 in the Schedule of savings and transitional
provisions to the Long Service Leave Act 1955 (the Act).

The effect of the proposed clause is that any person who is on long service leave on
the APEC public holiday is entitled to have their period of long service leave
extended by one day.

Schedule 4 Amendment of Banks and Bank Holidays
Act 1912
Schedule 4 inserts proposed Part 3 (clauses 4–6) in the Schedule of savings,
transitional and other provisions to the Banks and Bank Holidays Act 1912 (the Act).

Proposed clause 4 inserts a definition of the APEC public holiday for the purposes
of the proposed Part.

Various legislative provisions refer to, or define, “business day” and “working day”
in terms of “a day that is not a Saturday, Sunday or public holiday”. Even “public
holiday” is variously explained (for example, section 78 of the Shops and Industries
Act 1962 defines that term, for the purposes of certain provisions of that Act, as “any
day on which the following [listed] days are publicly observed”).

To clarify the operation of these disparate references in relation to the APEC public
holiday, proposed clause 5 enables the regulations to provide that the APEC public
holiday is, or is not, to be taken to be (or to have been) a business day, a public
holiday or a working day (in respect of the local government areas in which the
holiday is to be observed), for the purposes of any Act or any statutory instrument (or
any provision of any Act or any statutory instrument) specified in the regulations.

Proposed clause 6 makes it clear that no compensation in respect of things done or
omitted to be done in good faith in connection with an APEC-related matter (as
defined in the proposed clause) is payable by the State, an authority of the State or a
local council or an officer, employee or agent of any of those persons.

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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