Victorian Consolidated Legislation

Public Holidays Act 1993 - SECT 8

Substituted public holidays

8. Substituted public holidays



(1) Subject to this section, the Minister, by notice published in the
Government Gazette, may-

   (a)  declare that a day appointed-

   (i)  as a public holiday under section 6; or

   (ii) as a public holiday or public half-holiday under section 7(1)(a); or

   (iii) as a public holiday or public half-holiday under this subsection- is
        not in a specified year such a holiday; and

   (b)  appoint-

   (i)  in the case of a public holiday, another day or 2 half-days;

   (ii) in the case of a public half-holiday, another half-day or day;

   (iii) in the case of 2 public half-holidays, another day- as a public
        holiday or public 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

   (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).

(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 (Melbourne Cup Day) is not in a specified year such a public
        holiday in the municipal district of that Council; and

   (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 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 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

   (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.