Holidays Act 1983

This Act may be cited as the Holidays Act 1983.

A public holiday is to be observed on the days set out in the schedule.

Subsection (1) applies subject to section 3.

A public holiday is to be observed for the part of the day on 24 December (Christmas Eve) from 6p.m. to midnight.

However, subsection (3) applies only for working out a person’s entitlements under—

the Industrial Relations Act 2016 or an industrial instrument within the meaning of that Act; or

the Fair Work Act 2009 (Cwlth) or a federal industrial instrument; or

the Building and Construction Industry (Portable Long Service Leave) Act 1991; or

the Contract Cleaning Industry (Portable Long Service Leave) Act 2005.

The Minister may, by Gazette notice, substitute another day for a public holiday under section 2.

To remove any doubt, it is declared that—

a reference in an industrial instrument under the Industrial Relations Act 2016 to a public holiday is taken to include 2 January, 3 January, 27 December and 28 December when those days are to be observed as public holidays under section 2 or 3; and

a reference in an industrial instrument under the Industrial Relations Act 2016 to Labour Day, or to a public holiday for the Birthday of the Sovereign or Labour Day, is taken to mean the day on which the public holiday is to be observed under section 2 or 3.

Subject to subsections (2) and (3) the Minister may by notification published in the Gazette appoint a day or the forenoon or afternoon of a day to be a holiday either throughout the State or within such district as may be specified.

A holiday shall not be appointed pursuant to this section in respect of a district unless the Minister has, by a date specified by the Minister, received a notice from the local government for the area in which the district is situated signed by the chief executive officer of that local government requesting that the holiday be appointed.

The holiday appointed may be the date requested or another date as the Minister thinks fit.

A holiday appointed pursuant to subsection (1) shall be a bank holiday in the district specified in the notification except where the holiday is in respect of an annual agricultural, horticultural or industrial show when it shall also be a public holiday.

Subsections (2) and (3) do not apply to—

a holiday in the City of Brisbane for the annual agricultural show conducted by the Queensland Royal National Agricultural and Industrial Association; or

a holiday for the Coen Amateur Turf Club’s Annual Race Meeting in respect of the district where Comalco Limited requests that holiday; or

a holiday for a district prescribed by regulation.

A regulation may appoint a day, or the morning or afternoon of a day, to be a holiday in a district prescribed under subsection (5)(c).

In this section—

Comalco Limited means each of the following—

Comalco Limited ACN 004 502 694;

its successors and assigns.

Note—

Since the commencement of this Act, Comalco Limited has changed its name to Rio Tinto Aluminium (Holdings) Limited.

Subject to subsections (2) and (3) the following days shall be bank holidays—

each day or half-day that is a holiday pursuant to this Act;

Saturdays.

Where pursuant to section 3 another day is substituted as a holiday in respect of New Year’s Day, Anzac Day or Christmas Day both that day and New Year’s Day, Anzac Day or Christmas Day as the case may be shall be bank holidays.

A regulation may declare that, from a specified day, Saturday ceases to be a bank holiday.

The Governor in Council may make regulations under this Act.

A reference in an Act or document to the Holidays Act 1912 is a reference to this Act.

This section applies if, before the commencement, a notification was published in the industrial gazette as permitted by section 4(1) as in force before the commencement.

The notification continues to have been published for section 4 after the commencement despite the amendment of that section by the Electrical Safety and Other Legislation Amendment Act 2009.

In this section—

commencement means the commencement of this section.

industrial gazette means the Queensland Government Industrial Gazette.

Subsection (2) applies despite a gazette notice made by the Minister under section 3 by which the Minister substituted another day for a public holiday for Christmas Day in 2010.

Note—

The Minister, by a gazette notice published on 28 August 2009, substituted 28 December 2010 for a public holiday for Christmas Day.

Both of the following days are to be observed as public holidays for Christmas Day in 2010—

• 25 December 2010

• 28 December 2010.

To remove any doubt, it is declared that a reference in the Industrial Relations Act 1999, or in an industrial instrument under that Act, to a public holiday for Christmas Day is, for 2010, taken to include both of the following days—

• 25 December 2010

• 28 December 2010.

Both of the following days are to be observed as public holidays for New Year’s Day in 2011—

• 1 January 2011

• 3 January 2011.

To remove any doubt, it is declared that a reference in the Industrial Relations Act 1999, or in an industrial instrument under that Act, to a public holiday for New Year’s Day is, for 2011, taken to include both of the following days—

• 1 January 2011

• 3 January 2011.

A public holiday is to be observed on 11 June 2012 for the Queen’s Diamond Jubilee.

To remove any doubt, it is declared that a reference in an industrial instrument under the Industrial Relations Act 1999 to a public holiday is taken, for 2012, to include the day mentioned in subsection (1).