Statutory Holidays Amendment Act 2010 (TAS)

Statutory Holidays Amendment Act 2010

An Act to amend the Statutory Holidays Act 2000

[Royal Assent 3 December 2010]

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:

1Short titleThis Act may be cited as the Statutory Holidays Amendment Act 2010 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Statutory Holidays Act 2000 is referred to as the Principal Act. 4Long 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". 5Section 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 (i) and substituting the following paragraphs: (i) Christmas Day (25 December); (ia) if Christmas Day falls on a Saturday, the Monday following Christmas Day; (ib) if Christmas Day falls on a Sunday, the Tuesday following Christmas Day; 6Section 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) ; (c) by inserting the following subsections after subsection (5) : (6)  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)  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House, no notice has been given of a motion to disapprove the draft or if such a notice has been given, it has been withdrawn or the motion has been negatived; or (c) any notice of motion to disallow the draft given during the period of 5 sitting-days after the draft was laid on the table of the House is, after those 5 sitting-days, withdrawn or the motion is negatived.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)  A notice under subsection (3) is not a statutory rule within the meaning of the Rules Publication Act 1953 . 7Section 6 substituted Section 6 of the Principal Act is repealed and the following sections are substituted: 6Easter 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 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 . 6AAct 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. 8Section 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 ". 9Schedule 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 . 10Schedule 2 insertedAfter Schedule 1 to the Principal Act , the following Schedule is inserted: Schedule 2Government Holidays

Section 6

PART 1All 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 2Part Day

Column 1	Column 2	Column 3
Day	Occasion	Area of State
1.	Wednesday not earlier than fifth and not later than eleventh of January	Devonport Cup	Municipal area of Devonport
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.

11RepealThis Act is repealed on the ninetieth day from the day on which it commences.

[Second reading presentation speech made in:

House of Assembly on 9 NOVEMBER 2010

Legislative Council on 17 NOVEMBER 2010]