Victorian Numbered Acts

PUBLIC HOLIDAYS AMENDMENT ACT 2011 (NO. 22 OF 2011) - SECT 4

After section 8 of the Public Holidays Act 1993 insert —

        " 8A     Council may request substitute holiday for Melbourne Cup Day

    (1)     A non-metropolitan Council may request in writing that the Minister make a declaration under section 8(1)—

        (a)     that the day appointed under section 6 being the first Tuesday in November (Melbourne Cup Day) is not in a specified year such a public holiday in the whole or any part of the municipal district of that Council; and

        (b)     that another day or 2 half-days (one half-day of which may be Melbourne Cup Day) be appointed as a public holiday or 2 public half-holidays in that year.

    (2)     A request under subsection (1) must—

        (a)     be made at least 90 days before the Melbourne Cup Day to which the request relates; and

        (b)         specify the day or 2 half-days of the substituted public holiday; and

        (c)     specify the reasons for making the request.

    (3)     In making a declaration on a request under subsection (1), the Minister must not appoint a Saturday or a Sunday as a public holiday or a public half-holiday.

    (4)     A public holiday or 2 public half-holidays appointed under section 8(1) on a request under subsection (1) in respect of part of a municipal district of a Council applies or apply only in that part of the municipal district.".