Statutory Holidays Act 2000

Statutory Holidays Act 2000

An Act to specify statutory holidays that are to be public holidays, to make certain days a holiday for certain persons and to repeal the Bank Holidays Act 1919

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:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Statutory Holidays Act 2000 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Interpretation

(1)  In this Act –

public notice means a notice published –

(a) in the Gazette; and

(b) in one or more newspapers generally circulating in the State;

repealed Act means the Bank Holidays Act 1919 ;

statutory holiday means a day or part of a day specified in sections 4 and 5.

(2)  Any reference to a public holiday, bank holiday or bank part holiday in any award or registered agreement under the Industrial Relations Act 1984 , any other agreement or any enactment of this State is taken to be a reference to a statutory holiday.

PART 2 - Statutory Holidays

4.   Statutory holidays

[Section 4 Amended by No. 35 of 2010, s. 5, Applied:03 Dec 2010] 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;

(e) Easter Monday;

(f) [Section 4 Amended by No. 35 of 2010, s. 5, Applied:03 Dec 2010] .  .  .  .  .  .  .  .  

(g) Anzac Day (25 April);

(h) the second Monday in June, for the anniversary of the birthday of the Sovereign;

(ha) [Section 4 Amended by No. 24 of 2022, s. 4, Applied:11 Sep 2022] [Section 4 Amended by No. 24 of 2022, s. 5, Applied:31 Dec 2022] .  .  .  .  .  .  .  .  

(i) [Section 4 Amended by No. 35 of 2010, s. 5, Applied:03 Dec 2010] Christmas Day (25 December);

(ia) [Section 4 Amended by No. 35 of 2010, s. 5, Applied:03 Dec 2010] if Christmas Day falls on a Saturday, the Monday following Christmas Day;

(ib) [Section 4 Amended by No. 35 of 2010, s. 5, Applied:03 Dec 2010] 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)  [Section 5 Subsection (1) amended by No. 35 of 2010, s. 6, Applied:03 Dec 2010] 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)  [Section 5 Subsection (2) omitted by No. 35 of 2010, s. 6, Applied:03 Dec 2010] .  .  .  .  .  .  .  .  

(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)  [Section 5 Subsection (6) inserted by No. 35 of 2010, s. 6, Applied:03 Dec 2010] 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)  [Section 5 Subsection (7) inserted by No. 35 of 2010, s. 6, Applied:03 Dec 2010] 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)  [Section 5 Subsection (8) inserted by No. 35 of 2010, s. 6, Applied:03 Dec 2010] 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

[Section 6 Substituted by No. 35 of 2010, s. 7, Applied:03 Dec 2010]

(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

[Section 6A Inserted by No. 35 of 2010, s. 7, Applied:03 Dec 2010]

(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) [Section 8 Amended by No. 35 of 2010, s. 8, Applied:03 Dec 2010] 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.

SCHEDULE 1 - Statutory Holidays

Section 5

PART 1 - All Day

PART 2

SCHEDULE 2 - Government Holidays

Section 6

PART 1 - All Day

PART 2 - Part Day