(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 .