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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Public Holidays Amendment Bill 2008
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 2
3 Principal Act 2
4 Application of Act section repealed 2
5 Section 6 substituted 2
6 Public holidays 2
6 Additional public holidays 3
7 Section 8 substituted 3
8 Substituted public holidays 3
8 Holiday entitlements 5
9 Repeal of amending Act 6
ENDNOTES 7
561181B.I-25/6/2008 i BILL LA INTRODUCTION 25/6/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Public Holidays Amendment Bill 2008
A Bill for an Act to amend the Public Holidays Act 1993 and for
other purposes.
The Parliament of Victoria enacts:
1 Purpose
The main purpose of this Act is to amend the
Public Holidays Act 1993--
(a) to provide greater certainty as to public
5 holiday arrangements in Victoria;
(b) to repeal provisions relating to the
appointment of additional and substituted
public holidays by non-metropolitan
Councils;
10 (c) to provide for a public holiday on Melbourne
Cup Day or a substituted day to be observed
in all parts of Victoria;
(d) to improve generally the operation of that
Act.
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Public Holidays Amendment Bill 2008
s. 2
2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3 Principal Act
5 See:
Act No.
In this Act, the Public Holidays Act 1993 is
119/1993. called the Principal Act.
Reprint No. 2
as at
17 February
2005
and
amending
Act No.
74/2006.
LawToday:
www.
legislation.
vic.gov.au
4 Application of Act section repealed
Section 4 of the Principal Act is repealed.
5 Section 6 substituted
10 For section 6 of the Principal Act substitute--
"6 Public holidays
The following days are appointed as public
holidays--
(a) 1 January (New Year's Day);
15 (b) the Monday after 1 January (New
Year's Day) when New Year's Day is a
Saturday or Sunday;
(c) 26 January (Australia Day) or the
Monday after Australia Day when
20 Australia Day is a Saturday or Sunday;
(d) the second Monday in March (Labour
Day);
(e) Good Friday;
(f) the Saturday before Easter Sunday;
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Public Holidays Amendment Bill 2008
s. 6
(g) Easter Monday;
(h) 25 April (ANZAC Day);
(i) the second Monday in June (the day on
which the anniversary of the birthday of
5 the Sovereign is observed);
(j) the first Tuesday in November
(Melbourne Cup Day);
(k) 25 December (Christmas Day) or the
Monday after Christmas Day when
10 Christmas Day is a Saturday or the
Tuesday after Christmas Day when
Christmas Day is a Sunday;
(l) 26 December (Boxing Day);
(m) the Monday after 26 December (Boxing
15 Day) when Boxing Day is a Saturday or
the Tuesday after Boxing Day when
Boxing Day is a Sunday.".
6 Additional public holidays
Sections 7(1)(b), 7(3), 7(4) and 7(5) of the
20 Principal Act are repealed.
7 Section 8 substituted
For section 8 of the Principal Act substitute--
"8 Substituted public holidays
(1) Subject to this section, the Minister, by
25 notice published in the Government Gazette,
may--
(a) declare that a day appointed--
(i) as a public holiday under
section 6; or
30 (ii) as a public holiday or public
half-holiday under section 7(1)(a);
or
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Public Holidays Amendment Bill 2008
s. 7
(iii) as a public holiday or public
half-holiday under this
subsection--
is not in a specified year such a holiday;
5 and
(b) appoint--
(i) in the case of a public holiday,
another day or 2 half-days;
(ii) in the case of a public
10 half-holiday, another half-day or
day;
(iii) in the case of 2 public
half-holidays, another day--
as a public holiday or public
15 half-holiday in that year.
(2) A notice under subsection (1) may be
expressed so as to apply--
(a) throughout the whole of the State or in
a specified part of the State; or
20 (b) to all persons to whom and bodies to
which this Act applies or to a specified
class of person or body; or
(c) as specified in both paragraphs (a)
and (b).
25 (3) A non-metropolitan Council may request in
writing that the Minister make a declaration
under subsection (1)--
(a) that the day appointed under section 6
being the first Tuesday in November
30 (Melbourne Cup Day) is not in a
specified year such a public holiday in
the municipal district of that Council;
and
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Public Holidays Amendment Bill 2008
s. 8
(b) that another day be appointed as a
public holiday in that year.
(4) A request under subsection (3)--
(a) may only be made at least 90 days
5 before the Melbourne Cup Day to
which the request relates; and
(b) may only be made for the whole of the
municipal district of that Council; and
(c) must specify the day of the substituted
10 public holiday.
(5) In making a declaration on a request under
subsection (3), the Minister must not appoint
as the public holiday--
(a) 2 half-days; or
15 (b) a Saturday or Sunday.
(6) The day or half-day appointed under
subsection (1) replaces the public holiday or
public half-holiday for which it was
substituted.".
20 8 Holiday entitlements
(1) Before section 10(1) of the Principal Act insert--
"(1AA) This section is of no effect to the extent that
it is inconsistent with the Workplace
Relations Act 1996 of the Commonwealth or
25 any instrument given effect to under that
Act.".
(2) In section 10(1) of the Principal Act, for "a person
referred to in section 4(a)" substitute "a person
employed in Victoria".
30 (3) Section 10(1)(b) of the Principal Act is repealed.
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s. 9
9 Repeal of amending Act
This Act is repealed on the first anniversary of its
commencement.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Public Holidays Amendment Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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