Untitled document

Public Holidays Amendment Act 2011

No. 22 of 2011

table of provisions

Section  Page

1Purpose

2Commencement

3Substituted public holidays

4New section 8A inserted

8ACouncil may request substitute holiday for Melbourne Cup Day

5Repeal of Amending Act

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Endnotes

Public Holidays Amendment Act 2011

No. 22 of 2011

[Assented to 7 June 2011]

The Parliament of Victoria enacts:

1Purpose

The purpose of this Act is to amend the Public Holidays Act 1993 to provide that non-metropolitan Councils may nominate alternative public holiday arrangements in lieu of Melbourne Cup Day.

2Commencement

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

3Substituted public holidays

(1)In section 8(1) of the Public Holidays Act 1993, for "this section" substitute "section 8A".

(2)For section 8(3) to (6) of the Public Holidays Act 1993 substitute—

"(3)The day, half-day or 2 half-days appointed under subsection (1) replaces or replace the public holiday, public half-holiday or public half-holidays for which the day, half-day or 2 half-days was or were substituted.".

4New section 8A inserted

After section 8 of the Public Holidays Act 1993 insert—

8ACouncil 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.".

5Repeal of Amending Act

This Act is repealed on the first anniversary of its commencement.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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EndnoteS

Minister's second reading speech—

Legislative Assembly: 6 April 2011

Legislative Council: 26 May 2011

The long title for the Bill for this Act was "A Bill for an Act to amend the Public Holidays Act 1993 and for other purposes."