Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
STATUTORY HOLIDAYS AMENDMENT BILL
2010
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Long title amended
5. Section 4 amended (Statutory holidays)
6. Section 5 amended (Local statutory holidays)
7. Section 6 substituted
6. Easter Tuesday to be observed by certain persons
6A. Act does not affect entitlements
8. Section 8 amended (Bank trading)
9. Schedule 1 amended (Statutory Holidays)
10. Schedule 2 inserted
Schedule 2 - Government Holidays
11. Repeal
[Bill 55]-XI
2
STATUTORY HOLIDAYS AMENDMENT BILL
2010
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
9 November 2010
(Brought in by the Minister for Workplace Relations, the
Honourable David James O'Byrne)
A BILL FOR
An Act to amend the Statutory Holidays Act 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
Amendment Act 2010.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 55] 3
Statutory Holidays Amendment Act 2010
Act No. of
s. 3
3. Principal Act
In this Act, the Statutory Holidays Act 2000* is
referred to as the Principal Act.
4. Long title amended
The long title of the Principal Act is amended by
inserting "that are to be public holidays, to
make certain days a holiday for certain
persons" after "holidays".
5. Section 4 amended (Statutory holidays)
Section 4 of the Principal Act is amended as
follows:
(a) by inserting "to be observed as public
holidays generally" after "holidays";
(b) by omitting paragraph (f);
(c) by omitting paragraph (g) and
substituting the following paragraph:
(g) Anzac Day (25 April), unless that
day falls on a Sunday or Easter
Monday, in which case -
(i) the Monday following
Anzac Day, if that day
falls on a Sunday; or
*No. 96 of 2000
4
Statutory Holidays Amendment Act 2010
Act No. of
s. 6
(ii) the Tuesday following
Easter Monday, if that
day falls on Easter
Monday;
(d) by omitting paragraph (i) and
substituting the following paragraphs:
(i) Christmas Day (25 December),
unless that day falls on a Sunday,
in which case the Tuesday
following Christmas Day;
(ia) if Christmas Day falls on a
Saturday, the Monday following
Christmas Day;
6. Section 5 amended (Local statutory holidays)
Section 5 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "to be
observed as public holidays" after
"holidays";
(b) by omitting subsection (2).
7. Section 6 substituted
Section 6 of the Principal Act is repealed and the
following sections are substituted:
5
Statutory Holidays Amendment Act 2010
Act No. of
s. 7
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
6
Statutory Holidays Amendment Act 2010
Act No. of
s. 7
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 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.
7
Statutory Holidays Amendment Act 2010
Act No. of
s. 7
(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
8
Statutory Holidays Amendment Act 2010
Act No. of
s. 7
(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 sittings
days after it is published.
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.
9
Statutory Holidays Amendment Act 2010
Act No. of
s. 8
8. Section 8 amended (Bank trading)
Section 8(a) of the Principal Act is amended by
omitting "sections 4 and 5" and substituting
"sections 4, 5 and 6".
9. Schedule 1 amended (Statutory Holidays)
Schedule 1 to the Principal Act is amended as
follows:
(a) by omitting item 2 from Part 1;
(b) by omitting Part 2.
10. Schedule 2 inserted
After Schedule 1 to the Principal Act, the
following Schedule is inserted:
10
Statutory Holidays Amendment Act 2010
Act No. of
s. 10
SCHEDULE 2 - GOVERNMENT HOLIDAYS
Section 6
PART 1 - ALL DAY
Column 1 Column 2 Column 3
Day Occasion Area of State
1. Last Wednesday in February Launceston Cup Municipal areas of Break
O'Day, Dorset, George
Town, Glamorgan-Spring
Bay (north of and including
Cranbrook), Launceston
excluding Launceston City
centre and suburbs
specified in item 2 of
Part 2, Meander Valley
excluding suburbs specified
in item 2 of Part 2,
Northern Midlands,
Southern Midlands north of
but not including Oatlands,
West Tamar excluding
townships specified in item
2 of Part 2.
PART 2 - PART DAY
Column 1 Column 2 Column 3
Day Occasion Area of State
1. Wednesday not earlier than Devonport Cup Municipal area of
fifth and not later than Devonport
eleventh of January
11
Statutory Holidays Amendment Act 2010
Act No. of
s. 11
2. Last Wednesday in February Launceston Cup Launceston City centre and
the following suburbs and
townships:
Alanvale, Blackstone
Heights, East Launceston,
Elphin, Franklin Village,
Glen Dhu, Inveresk,
Invermay, Killafaddy,
Kings Meadows, Mayfield,
Mowbray, Mowbray
Heights, Newnham,
Newstead, North Riverside,
Norwood, Prospect,
Prospect Vale, Punchbowl,
Ravenswood, Riverside,
Rocherlea, St Leonards,
Sandhill, South
Launceston, Summerhill,
Trevallyn, Vermont,
Waverley, West
Launceston, West
Riverside, Youngtown.
11. Repeal
This Act is repealed on the ninetieth day from
the day on which it commences.
12 Government Printer, Tasmania