Australian Capital Territory Current Acts

HOLIDAYS ACT 1958 - SECT 3

    (1)     Subject to subsections (2) and (5)—

        (a)     in any year each of the following days in that year is a public holiday in the ACT:

              (i)     1 January (New Year's day), and, 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;

              (iii)     the 2nd Monday in March (Canberra Day);

              (iv)     Good Friday;

              (v)     the Saturday following Good Friday;

              (vi)     Easter Sunday;

              (vii)     the Monday following Good Friday;

              (viii)     25 April (Anzac Day), or, if that day falls on a Sunday, the following Monday;

              (ix)     27 May (Reconciliation Day), or, if that day is not a Monday, the following Monday;

              (x)     the 2nd Monday in June (the day for the observance of the anniversary of the birthday of the Sovereign);

              (xi)     the 1st Monday in October (Labour Day);

              (xii)     25 December (Christmas Day) and—

    (A)     if that day falls on a Saturday—the following Monday; or

    (B)     if that day falls on a Sunday—the following Tuesday;

              (xiii)     26 December (Boxing Day) and—

    (A)     if that day falls on a Saturday—the following Monday; or

    (B)     if that day falls on a Sunday—the following Tuesday; and

        (b)     any other day, or a part of any other day, that the Minister declares to be a public holiday in the ACT, or in a part of the ACT stated in the declaration, is a public holiday in the ACT or that part of the ACT.

    (2)     If the Minister considers it is appropriate that a day mentioned in subsection (1) (a) should not, in a particular year, be a public holiday in the ACT, the Minister may declare that the day is not, in that year, a public holiday.

    (3)     A declaration under subsection (1) (b) or (2) is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act

.

    (4)     A declaration under subsection (2) in relation to a day must be notified under the Legislation Act

not later than 1 week before the day.

    (5)     If a person who is entitled under a modern award to a holiday on a weekday following a substituted public holiday and the weekday is not a public holiday under this Act, the substituted public holiday is not a public holiday for the person under this Act.

    (6)     In this section:

"modern award"—see the Fair Work Act 2009

(Cwlth), part 2-3.

"substituted public holiday "means a day that is a public holiday because another day mentioned in subsection (1) (a) is a Saturday or Sunday.