Public Holidays and Shop Trading Reform Acts (Amendment) Act 2003 (Vic)

Public Holidays and Shop Trading Reform Acts

(Amendment) Act 2003

Act No. 1/2003

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purposes	1
2.	Commencement	2

PART 2—AMENDMENT TO THE PUBLIC HOLIDAYS ACT 1993 3

3.	Public holidays	3
4.	Holiday entitlements	3

PART 3—AMENDMENT TO THE SHOP TRADING REFORM

ACT 1996 4

5.	Definition	4
6.	New section 5A inserted	4

5A. Special exemptions from Easter Sunday closing 4

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ENDNOTES 6

i

Victoria

No. 1 of 2003

Public Holidays and Shop Trading

Reform Acts (Amendment) Act 2003†

[Assented to 2 April 2003]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes

The purposes of this Act are—

(a) to amend the Public Holidays Act 1993 to appoint Easter Saturday as a public holiday; and

Public Holidays and Shop Trading Reform Acts (Amendment)
Act 2003

Act No. 1/2003

Part 1—Preliminary s. 2

(b) to amend the Shop Trading Reform Act 1996 to generally require that shops be closed on Easter Sunday.

2. Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

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Public Holidays and Shop Trading Reform Acts (Amendment)
Act 2003

Act No. 1/2003

s. 3 Part 2—Amendment to the Public Holidays Act 1993

PART 2—AMENDMENT TO THE PUBLIC HOLIDAYS ACT

1993

3. Public holidays

See:

Act No.	After section 6(d) of the Public Holidays Act
119/1993.	1993 insert—
Reprint No. 1 as at 19 September	"(da) Easter Saturday;".
1996
and
amending Act No. 86/1998. LawToday: dpc.vic. gov.au

4. Holiday entitlements

Section 10(1)(b)(iii) of the Public Holidays Act

1993 is repealed.

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Public Holidays and Shop Trading Reform Acts (Amendment)
Act 2003

Act No. 1/2003

Part 3—Amendment to the Shop Trading Reform Act 1996 s. 5

PART 3—AMENDMENT TO THE SHOP TRADING REFORM

ACT 1996

5. Definition

See:

In section 3(1) of the Shop Trading Reform Act	Act No.
1996, in paragraph (a) of the definition of	38/1996. Reprint No. 1
"ordinary shop closing times", for "Christmas Day	as at
and Good Friday" substitute "Good Friday,	12 August 1999
Easter Sunday and Christmas Day".	and amending
Act Nos 44/2001 and
23/2002. LawToday:
dpc.vic.
gov.au

6. New section 5A inserted

After section 5 of the Shop Trading Reform Act

1996 insert—

"5A. Special exemptions from Easter Sunday

closing

(1) The Governor in Council may, on the

recommendation of the Minister, by Order
published in the Government Gazette,

exempt—

(a) a specified shop; or

(b) a specified class of shop; or

(c) shops in a specified area—

from the requirement under section 5 to be closed and kept closed during all times on Easter Sunday.

(2) The Governor in Council may grant an

exemption under sub-section (1) subject to
any conditions the Governor in Council
thinks fit and specifies in the Order.

Public Holidays and Shop Trading Reform Acts (Amendment)
Act 2003

Act No. 1/2003

s. 5 Part 3—Amendment to the Shop Trading Reform Act 1996

(3) The Minister may, by notice published in the Government Gazette, issue guidelines setting out, among other things, the matters that the

Minister may consider in determining
whether to recommend the making of an

Order under this section.

(4) An Order applying to a shop or shops under

this section—

(a)	has the effect of modifying, in accordance with the Order, the application of section 5 in relation to the shop or shops; and
(b)	operates for the period specified in the Order or, if no period is specified, until it is revoked.

(5) A person to whom a condition of an Order

under this section applies must comply with
the condition.

Penalty: 100 penalty units.".

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Public Holidays and Shop Trading Reform Acts (Amendment)
Act 2003

Act No. 1/2003

Endnotes

ENDNOTES

†

Minister's second reading speech—

Legislative Council: 4 March 2003

Legislative Assembly: 25 March 2003

The long title for the Bill for this Act was "to amend the Public Holidays Act 1993 to appoint Easter Saturday as a public holiday and to amend the Shop Trading Reform Act 1996 to generally require that shops be

closed on Easter Sunday and for other purposes."