Part 2 – Statutory
Holidays
4. Statutory
holidays
The following are statutory holidays to be observed as
public holidays generally:
(a) New Year’s Day (1 January),
unless that day falls on a Saturday or Sunday, in which case the Monday
following New Year’s Day;
(b) Australia Day (26 January),
unless that day falls on a Saturday or Sunday, in which case the following
Monday;
(c) the second Monday in March, known
as Eight Hours Day or Labour Day;
(d) Good Friday;
(da) Easter Sunday;
(e) Easter Monday;
(f) . . . . . . . .
(g) Anzac Day (25 April);
(h) the second Monday in June, for
the anniversary of the birthday of the Sovereign;
(ha) . . . . . . . .
(i) Christmas Day (25 December);
(ia) if Christmas Day falls on a
Saturday, the Monday following Christmas Day;
(ib) if Christmas Day falls on a
Sunday, the Tuesday following Christmas Day;
(j) Boxing Day (26 December), unless
that day falls on a Saturday or Sunday, in which case –
(i) the
Monday following Boxing Day, if that day falls on a Saturday; or
(ii) the
Tuesday following Boxing Day, if that day falls on a Sunday.
5. Local
statutory holidays
(1) The days specified in column 1 of
Part 1 of Schedule 1
are statutory holidays to be observed as public holidays for the full day in
respect of the occasions specified in column 2 of that Part for the areas of
the State specified in column 3 of that Part.
(2) . . . . . . . .
(3) The Minister, by public notice,
may amend Schedule 1
by –
(a) amending an item; and
(b) omitting an item; and
(c) inserting an item.
(4) Before the Minister exercises any
power referred to in subsection (3),
the Minister is to consult with –
(a) the Tasmanian Trades and Labor
Council; and
(b) the Tasmanian Chamber of Commerce
and Industry; and
(c) any employer and any other
organisation the Minister considers appropriate.
(5) If the Minister amends Schedule 1
by public notice under subsection (3),
the Minister is to table the notice in each House of Parliament within 5
sitting days after it is published.
(6) A notice under subsection (3)
that amends, omits or inserts an item that relates to a day is of no effect
unless –
(a) it is published in the Gazette not less
than 14 days before the day; and
(b) a draft of the notice has been
approved by each House of Parliament.
(7) For the purposes of subsection (6),
a House of Parliament is taken to have approved the draft notice if the draft
has been laid on the table of that House and –
(a) the draft is approved by that
House; or
(b) at the expiration of 5
sitting-days after the draft was laid on the table of that House, no notice has
been given of a motion to disapprove the draft or if such a notice has been
given, it has been withdrawn or the motion has been negatived; or
(c) any notice of motion to disallow
the draft given during the period of 5 sitting-days after the draft was laid on
the table of the House is, after those 5 sitting-days, withdrawn or the motion
is negatived.
(8) A notice under subsection (3)
is not a statutory rule within the meaning of the Rules Publication Act 1953.
6. Easter
Tuesday to be observed by certain persons
(1) This section applies to a person
who is a member of a class of persons referred to in section 6 of the Industrial Relations (Commonwealth Powers) Act 2009.
(2) A person to whom this section
applies is entitled, without loss of pay, to the following:
(a) a holiday on Easter Tuesday;
(b) if he or she would, apart from
this section, be working in a part of the State specified in column 3 of Part 1 of Schedule 2,
a full day’s holiday on the day specified in column 1 of that Part, in respect
of the occasion specified in column 2 of that Part;
(c) if he or she would, apart from
this section, be working in a part of the State specified in column 3 of Part 2 of Schedule 2,
a holiday from 11.00 a.m. on a day specified opposite in column 1 of that Part
in respect of the occasion specified opposite in column 2 of that Part.
(3) A person to whom this section
applies who ordinarily does not work on a Tuesday is not entitled to any
payment in respect of, or time off in lieu of, Easter Tuesday, unless he or she
works on that day.
(4) A person to whom this section
applies who –
(a) would, apart from this section,
be working in a part of the State specified in column 3 of Part 1 of Schedule 2;
and
(b) would, apart from this section,
be working on the day specified in column 1 opposite that part of the
State –
is not entitled to any payment in respect of, or time
off in lieu of, that day, unless he or she works on that day.
(5) A person to whom this section
applies who –
(a) would, apart from this section,
be working in a part of the State specified in column 3 of Part 2 of Schedule 2;
and
(b) would, apart from this section,
be working after 11.00 a.m. on a day specified in column 1 opposite that part
of the State –
is not entitled to any payment in respect of, or time
off in lieu of, the part of that day after 11.00 a.m., unless he or she works
after 11.00 a.m. on that day.
(6) Subject to subsection (7),
this section applies despite any provision to the contrary made by or under any
other Act or by any contract of employment or other agreement relating to
employment in relation to a person to whom this section applies.
(7) Nothing in this section affects a
provision made by or under any Act, or contract of employment or other
agreement relating to employment, requiring a person who is entitled to a
holiday on Easter Tuesday to work on that day on any terms and conditions specified
in the provision.
(8) The Minister, by public notice,
may amend Schedule 2
by –
(a) amending an item; and
(b) omitting an item; and
(c) inserting an item.
(9) Before the Minister exercises any
power referred to in subsection (8),
the Minister is to consult with –
(a) the Tasmanian Trades and Labor
Council; and
(b) the Tasmanian Chamber of Commerce
and Industry; and
(c) any employer and any other
organisation the Minister considers appropriate.
(10) If the Minister amends Schedule 2
by public notice under subsection (8),
the Minister is to table the notice in each House of Parliament within 5
sitting-days after it is published.
(11) A notice under subsection (8)
that amends, omits or inserts an item that relates to a day is of no effect
unless –
(a) it is published in the Gazette not less
than 14 days before the day; and
(b) a draft of the notice has been
approved by each House of Parliament.
(12) For the purposes of subsection (11),
a House of Parliament is taken to have approved the draft notice if the draft
has been laid on the table of that House and –
(a) the draft is approved by that
House; or
(b) at the expiration of 5
sitting-days after the draft was laid on the table of that House, no notice has
been given of a motion to disapprove the draft or if such a notice has been
given, it has been withdrawn or the motion has been negatived; or
(c) any notice of motion to disallow
the draft given during the period of 5 sitting-days after the draft was laid on
the table of the House is, after those 5 sitting-days, withdrawn or the motion
is negatived.
(13) A notice under subsection (8)
is not a statutory rule within the meaning of the Rules Publication Act 1953.
6A. Act
does not affect entitlements
(1) This Act does not affect any
existing entitlement of any employee in respect of any Saturday, Sunday,
statutory holiday, public holiday, bank holiday, or bank part holiday, under
any award or registered agreement under the Industrial Relations Act 1984, any other
agreement or any enactment of this State.
(2) This section is of no effect to
the extent that it is inconsistent with –
(a) the Fair Work Act 2009 of the Commonwealth;
or
(b) any instrument given effect to by
that Act; or
(c) any instrument given continuing
effect to by the Fair Work
(Transitional Provisions and Consequential Amendments) Act 2009
of the Commonwealth.
Part 3 – Miscellaneous
7. Savings
and transitional provisions
(1) In any Act,
bank
holiday or bank
part holiday is taken to mean a statutory holiday.
(2) Any day appointed by the Governor
as a bank holiday or the part of any day appointed by the Governor as a bank
part holiday under the repealed Act is taken to be a statutory holiday.
8. Bank
trading
For the purpose of the Bills of Exchange Act 1909 of the
Commonwealth, the following days are bank holidays:
(a) the days specified in sections 4,
5 and 6;
(b) Saturdays.
9. Administration
of Act
Until provision is made in relation to this Act by
order under section 4
of the Administrative
Arrangements Act 1990 –
(a) the administration of this Act is
assigned to the Minister for Infrastructure, Energy and Resources; and
(b) the department responsible to the
Minister for Infrastructure, Energy and Resources in relation to the
administration of this Act is the Department of Infrastructure, Energy and
Resources.
10. Bank Holidays Act 1919
repealed
The Bank
Holidays Act 1919 is repealed.
