Australian Capital Territory
Holidays Act 1958    
A1958-19
Republication No 3 (RI)
Effective:  28 February 1997 – 14 December 1999
Republication date of printed version: 31 January 1998
Reissued electronically: 24 September 2013
Last amendment made by A1997-2

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Holidays Act 1958 effective from 28 February 1997 to 14 December 1999.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation (Republication) Act 1996, part 3, division 2 authorised the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation (Republication) Act 1996, s 14 and s 16).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

AUSTRALIAN CAPITAL TERRITORY

holidays act 1958
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Reprinted as at 31 January 1998
TABLE OF PROVISIONS
Section
	1.	Short title
	2.	Repeal
	3.	Public holidays
	4.	Bank holidays
	5.	Union Picnic Day
Schedule
awards

An Act to make provision with respect to Public Holidays and Bank Holidays
Short title
1.  This Act may be cited as the Holidays Act 1958.1
Repeal
2.  The Commonwealth Jubilee Holiday Ordinance 1951, the Bank Holidays Ordinance 1952 and the Royal Visit Holiday Ordinance 1954 are repealed.
Public holidays
3.  (1)  Subject to subsections (2) and (3)—
	(a)	in any year each of the following days in that year shall be observed as a public holiday in the Territory:
	(i)	1 January (New Year’s day), or, if that day falls on a Saturday or Sunday, the following Monday;
	(ii)	26 January (Australia Day), or, if that day falls on a Saturday or Sunday, the following Monday;
	(iia)	the third Monday in March (Canberra Day);
	(iii)	Good Friday;
	(iv)	the Saturday following Good Friday;
	(v)	the Monday following Good Friday;
	(vi)	25 April (Anzac Day), or, if that day falls on a Sunday, the following Monday;
	(via)	the second Monday in June (the day for the observance of the anniversary of the birthday of the Sovereign);
	(vii)	the first Monday in October (Labour Day);
	(viii)	Christmas Day, or, if that day falls on a Saturday or Sunday, the following Monday;
	(ix)	26 December (Boxing Day), or—
(A)	if that day falls on a Saturday, the following Monday; or
(B)	if that day falls on a Sunday or Monday, the following Tuesday; and
	(b)	any other day, or a part of any other day, declared by the Minister, by notice published in the Gazette, to be a public holiday in the Territory or in a part of the Territory specified in the notice shall be observed as such in the Territory or that part of the Territory, as the case may be.
(2)  Where, in the opinion of the Minister, it is expedient that a day referred to in paragraph (1) (a) should not, in a particular year, be observed as a public holiday in the Territory, the Minister may, by notice published in the Gazette not less than 1 week before that day in that year, declare that that day shall not, in that year, be so observed and that declaration has effect accordingly.
(3)  When, but for this subsection, a person would be entitled under an award to observe as a holiday a weekday (being a day that is not to be observed as a public holiday in the Territory pursuant to this Act) following a substituted public holiday, the provisions of this Act by virtue of which that substituted public holiday is to be observed as a public holiday in the Territory do not apply in relation to that person.
(4)  In subsection (3)—
“award” has the same meaning as in section 4 of the Industrial Relations Act 1988 of the Commonwealth;
“substituted public holiday” means a day that, under subsection 3 (1), is to be observed as a public holiday in the Territory by reason only that another day or date specified in paragraph 3 (1) (a) falls on a Saturday or Sunday.
Bank holidays
4.  (1)  Subject to subsection (2)—
	(a)	any day, or part of a day, that in any year is observed as a public holiday in the Territory or a part of the Territory by virtue of section 3 is a bank holiday in the Territory or that part of the Territory, as the case may be;
	(b)	the first Monday in August of each year is a bank holiday in the Territory; and
	(c)	any other day, or a part of any other day, declared by the Minister, by notice published in the Gazette, to be a bank holiday in the Territory or in a part of the Territory specified in the notice is a bank holiday in the Territory or that part of the Territory, as the case may be.
(2)  Where, in the opinion of the Minister, it is expedient that a day referred to in paragraph (1) (a) or (b) should not, in a particular year, be a bank holiday, the Minister may, by notice published in the Gazette not less than 1 week before that day in that year, declare that that day is not, in that year, a bank holiday and that declaration has effect accordingly.
Union Picnic Day
5.  In any year, the first Monday in March shall be observed as a holiday in the Territory by employees whose terms and conditions of employment are governed by an award specified in the Schedule.

	SCHEDULE	Section 5
Awards
Australian Workers’ Union Construction on Site and Civil Engineering (ACT) Award 1981
Australian Workers’ Union Miscellaneous Workers (ACT) Award 1991
Bakers Consolidated (ACT) Award 1985
Bread Sales Personnel (ACT) Award 1982
Building and Construction Industry (ACT) Award 1991
Business Equipment Industry (Technical Service) Award 1978
Butchers’ Carters (ACT) Award 1982
Caretakers, Cleaners and Lift Drivers (ACT) Award 1982
Chemists (ACT) Award 1994
Child Care Industry (ACT) Award 1992
Cleaning (Building and Property Service) Award 1996
Clerks (ACT) Award 1985
Clothing Trades Award 1982
Commercial Travellers (ACT) Consolidated Award 1994
Community and Aged Services (ACT) Award 1995
Community Pharmacy (Public Holidays) Award 1995
Community Services (Home Care) (ACT) Award 1988
Concrete Products Factories (ACT) Award 1970
Country Printing Award 1959
Draughtsmen’s, Planners and Technical Officers (ACT) Award 1982
Dry Cleaning Industry Award 1966
Electrical Contracting Industry Award 1992
Engine Drivers’ and Firemen’s (ACT) Award 1982
Family Day Care (ACT) Award 1996
Felt Hatting Consolidated Award 1993
Footwear—Manufacturing and Components Industries Award 1979
Furnishing Trades (ACT) Award 1983
Hairdressing and Beauty Industry (ACT) Award 1985
Health Services Union of Australia (ACT Health and Community Services) Consolidated Award 1993
Hospital Employees (Nursing Staff) (ACT) Award 1980
Independent Schools and Colleges (Domestic and Maintenance Staff) (ACT) Award 1993
Laundry Employees (ACT) Award 1966
Liquor and Allied Industries Catering, Cafe, Restaurant, etc. (ACT) Award 1995
Liquor and Allied Industries, Hotels, Hostels, Clubs and Boarding Establishments etc. (ACT) Award 1992
Liquor Trades Hotels (ACT) Award 1996
Metal Trades (ACT) Award 1982
Milk Treatment and Distribution Employees (ACT) Award 1967
Mobile Crane Hiring Award 1990
National Metal and Engineering On site Construction Industry Award 1989
Nationwide Facilities Management AIS Consent Award 1995
Nurses Private Employment (ACT) Award 1972
Parking Stations etc. Employees (ACT) Award 1983
Plumbing Industry (ACT) Award 1982
Poultry Farm Employees (ACT) Award 1980
Printing and Kindred Industries Union (Canberra Times) Award 1985
Private Pathology Industry (ACT) Interim Award 1996
Red Cross (ACT Blood Bank Administrative Workers) Award 1984
Repair and Retail Motor Industry (ACT) Award 1992
Retail and Wholesale Industry Shop Employees ACT Award 1995
Security Employees (ACT) Award 1986
Storemen and Packers (ACT) Award 1973
Textile Industry Award 1994
The Video Shops (Industrial Agreement) 1992
Theatrical Employees (Cinema and Drive-In Industry) Award 1983
Theatrical Employees (Recreation Grounds and Raceday Racing Officials—NSW and ACT) Award 1990
Transport Workers’ (ACT) Award 1982
Transport Workers’ (Airlines) Award 1988
Transport Workers’ (Armoured Vehicles) Award 1978
Transport Workers’ Garbage (ACT) Award 1990
Transport Workers’ (Long Distance Drivers) Award 1993
Transport Workers’ (Oil Agents/Contractors) Award 1981
Transport Workers’ (Passenger Vehicles) Award 1984

NOTES
1.	The Holidays Act 1958 as shown in this reprint comprises Act No. 19, 1958 amended as indicated in the Tables below.
	Citation of Laws—The Self-Government (Citation of Laws) Act 1989  (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.
2.	The Legislation (Republication) Act 1996 (No. 51, 1996) authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  Those amendments make no change in the law.  Amendments made pursuant to that Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.
Table 1
Table of Ordinances
Ordinance	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Holidays Ordinance 1958	19, 1958	2 Oct 1958	2 Oct 1958		
Holidays (Amendment) Ordinance 1980	1, 1980	1 Feb 1980	1 Feb 1980	—	
Holidays (Amendment) Ordinance1982	8, 1982	19 Mar 1982	19 Mar 1982	—	
Holidays (Amendment) Ordinance 1988	90, 1988	21 Dec 1988	21 Dec 1988

	—	
Self-Government day 11 May 1989
Table 2
Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Holidays (Amendment) Act 1992	43, 1992	8 July 1992	8 July 1992	—	
(Reprinted as at 31 August 1992)	
Holidays (Amendment) Act 1997
	2, 1997	28 Feb 1997	28 Feb 1997	—	

Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

S. 3	am. No. 1, 1980; No. 8, 1982; No. 90, 1988; Act No. 43, 1992
S. 4	am. Act No. 43, 1992
S. 5	ad. Act No. 2, 1997
Schedule	ad. Act No. 2, 1997

©  Australian Capital Territory 2013