Public Holidays Act 1993

A non-metropolitan Council may request in writing that the Minister make a declaration under section 8(1)—

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

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.

A request under subsection (1) must—

be made at least 90 days before the Melbourne Cup Day to which the request relates; and

specify the day or 2 half-days of the substituted public holiday; and

specify the reasons for making the request.

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.

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.