Statutory Holidays (Consequential Amendments) Act 2000


Tasmanian Crest
Statutory Holidays (Consequential Amendments) Act 2000

An Act to amend certain Acts and regulations consequent on the enactment of the Statutory Holidays Act 2000

[Royal Assent 13 December 2000]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Statutory Holidays (Consequential Amendments) Act 2000 .

2.   Commencement

This Act commences on the day on which the Statutory Holidays Act 2000 commences.

3.   Electoral Regulations 1985 amended

Regulation 46(3)(a) of the Electoral Regulations 1985 is amended by omitting "bank holiday under the Bank Holidays Act 1919 " and substituting "statutory holiday as defined in the Statutory Holidays Act 2000 ".

4.   Consequential amendments

The Acts specified in Schedule 1 are amended as specified in that Schedule.

5.   Consequential amendments

The Statutory Rules specified in Schedule 2 are amended as specified in that Schedule.
SCHEDULE 1 - Consequential Amendments

Section 4

Acts Interpretation Act 1931
1.    Section 29(3) is amended by omitting "bank holiday" and substituting "statutory holiday as defined in the Statutory Holidays Act 2000 ".
Children, Young Persons and Their Families Act 1997
1.    Section 3(1) is amended by omitting paragraph (c) from the definition of working day and substituting:
(c) a statutory holiday as defined in the Statutory Holidays Act 2000 ;
Classification (Publications, Films and Computer Games) Enforcement Act 1995
1.    Section 3 is amended by omitting paragraph (b) from the definition of business day and substituting:
(b) a statutory holiday as defined in the Statutory Holidays Act 2000 ;
Door to Door Trading Act 1986
1.    Section 3(1) is amended as follows:
(a) by omitting the definition of bank holiday ;
(b) by inserting the following definition after the definition of services :
statutory holiday means a statutory holiday as defined in the Statutory Holidays Act 2000 but does not include a Saturday unless it is a statutory holiday under that Act;
2.    Section 9(a) is amended by omitting "bank" and substituting "statutory".
Employment Incentive Assistance Act 1984
1.    Section 3(1) is amended by omitting "bank holiday within the meaning of the Bank Holidays Act 1919 " from paragraph (b) of the definition of full-time position and substituting "statutory holiday as defined in the Statutory Holidays Act 2000 ".
Financial Management and Audit Act 1990
1.    Section 30(5) is amended by omitting "bank holiday" twice occurring and substituting "statutory holiday as defined in the Statutory Holidays Act 2000 ".
Gaming Control Act 1993
1.    Section 3(1) is amended by omitting "bank holiday under the Bank Holidays Act 1919 " from the definition of working day and substituting "statutory holiday as defined in the Statutory Holidays Act 2000 ".
Justices Act 1959
1.    Section 106A(1) is amended by omitting "bank holiday, within the meaning of the Bank Holidays Act 1919 " from the definition of working day and substituting "statutory holiday as defined in the Statutory Holidays Act 2000 ".
Local Government Act 1993
1.    Section 253 is amended by omitting "bank holiday" from the definition of polling period and substituting "statutory holiday as defined in the Statutory Holidays Act 2000 ".
Local Government (Highways) Act 1982
1.    Section 3(1) is amended as follows:
(a) by omitting the definitions of bank holiday and bank part holiday ;
(b) by inserting the following definition after the definition of State highway :
statutory holiday means a statutory holiday as defined in the Statutory Holidays Act 2000 ;
2.    Section 20(1)(a) is amended by omitting "other bank holiday, bank part" and substituting "a statutory".
3.    Section 96 is amended as follows:
(a) by omitting from subsection (3) "bank holiday or bank part" and substituting "statutory";
(b) by omitting subsection (5) and substituting the following subsection:
(5)  A notice under subsection (3) may –
(a) apply only to a particular statutory holiday; and
(b) make different provisions with respect to different statutory holidays.
Long Service Leave Act 1976
1.    Section 12(9) is amended by omitting "bank holiday" and substituting "statutory holiday as defined in the Statutory Holidays Act 2000 ".
Shop Trading Hours Act 1984
1.    Schedule 1 is amended as follows:
(a) by omitting item 7 from Part I and substituting the following item:
7.   The second Monday in June, for the anniversary of the birthday of the Sovereign.
(b) by omitting Part II and substituting the following Part:
PART II - Local holidays
1.   The occasion known as Royal Hobart Regatta as specified in item 1 of Part 1 of Schedule 1 to the Statutory Holidays Act 2000 .
2.   The occasion known as Recreation Day as specified in item 8 of Part 1 of Schedule 1 to the Statutory Holidays Act 2000 .
3.   The occasion known as a show day as specified in items 3, 4, 5, 6, 7 and 9 of Part 1 of Schedule 1 to the Statutory Holidays Act 2000 .
4.   The occasion known as Launceston Cup as specified in item 2 of Part 1 of Schedule 1 to the Statutory Holidays Act 2000 .
5.   The occasion known as Devonport Cup as specified in item 1 of Part 2 of Schedule 1 to the Statutory Holidays Act 2000 .
6.   The occasion known as Launceston Cup as specified in item 2 of Part 2 of Schedule 1 to the Statutory Holidays Act 2000 .
Taxation Administration Act 1997
1.    Section 3 is amended by omitting "public holiday appointed under the Bank Holidays Act 1919 " from the definition of business day and substituting "statutory holiday as defined in the Statutory Holidays Act 2000 ".
Threatened Species Protection Act 1995
1.    Section 3(1) is amended by omitting "bank holiday" from paragraph (b) of the definition of business day and substituting "a statutory holiday as defined in the Statutory Holidays Act 2000 ".
Trust Bank Sale Act 1999
1.    Section 41(4) is amended as follows:
(a) by omitting "bank holiday" first occurring and substituting "statutory holiday as defined in the Statutory Holidays Act 2000 ";
(b) by omitting "bank" second occurring and substituting "statutory".
Youth Justice Act 1997
1.    Section 3(1) is amended by omitting "bank holiday within the meaning of the Bank Holidays Act 1919 " from the definition of working day and substituting "statutory holiday as defined in the Statutory Holidays Act 2000 ".
SCHEDULE 2 - Consequential Amendments

Section 5

Corrections Regulations 1998
1.   Regulation 3 is amended by omitting "bank holiday or bank part holiday within the meaning of the Bank Holidays Act 1919" from the definition of "public holiday" and substituting "statutory holiday as defined in the Statutory Holidays Act 2000".
Financial Management and Audit Regulations 1990
1.   Regulation 6(1) is amended by omitting paragraph (a) from the definition of "State Service holiday" and substituting the following paragraph:
(a) a statutory holiday as defined in the Statutory Holidays Act 2000 ; or
Long Service Leave (State Employees) Regulations 1994
1.    Regulation 5 is amended as follows:
(a) by omitting from paragraph (k) "bank holiday within the meaning of the Bank Holidays Act 1919 " and substituting "statutory holiday as defined in the Statutory Holidays Act 2000 ";
(b) by omitting from paragraph (l) "bank holiday within the meaning of the Bank Holidays Act 1919 " and substituting "statutory holiday as defined in the Statutory Holidays Act 2000 ".
Retirement Benefits Regulations 1994
1.    Regulation 11(4) is amended by omitting "bank holiday or a public holiday throughout Tasmania, it is sufficient compliance with this regulation if, on the next day that is not a bank holiday or a public holiday throughout Tasmania," and substituting "statutory holiday as defined in the Statutory Holidays Act 2000 , it is sufficient compliance with this regulation if, on the next day that is not such a statutory holiday,".

[Second reading presentation speech made in:

House of Assembly on 16 NOVEMBER 2000

Legislative Council on 23 NOVEMBER 2000]