1Short title
This Act may be cited as the Public and Bank Holidays Act 1972.
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This Act was passed before the online parliamentary record we can search begins (1997). Any explanatory memorandum or second reading speech for its bill is in the printed parliamentary papers and Hansard.
Explanatory material and speeches for the bills of later Acts that amended this Act, newest first. They explain the amendment, not necessarily the provision you are reading.
This Act may be cited as the Public and Bank Holidays Act 1972.
This Act shall come into operation on a date to fixed by proclamation.
Unless it is otherwise expressly provided in this Act, any provision of an award, order, or industrial agreement made under the Industrial Relations Act 1979 or an employer‑employee agreement under Part VID of the Industrial Relations Act 1979 (an industrial instrument) prevails over a provision of or under this Act to the extent of any inconsistency with the industrial instrument.
A provision of an industrial instrument relating to public holidays applies to Easter Sunday regardless of whether the instrument makes reference to Easter Sunday.
However, a provision of an industrial instrument is of no effect to the extent that it substitutes another day for the Easter Sunday public holiday solely because Easter Sunday falls on a weekend.
[Section 3 amended: No. 71 of 1987 s. 4; No. 13 of 1993 s. 103; No. 20 of 2002 s. 24; Gazette 15 Aug 2003 p. 3690; No. 30 of 2021 s. 123.]
[4. Omitted under the Reprints Act 1984 s. 7(4)(f).]
Subject to this Act, the several days specified, or appointed under the power, in the Second Schedule shall be public holidays and bank holidays throughout the State.
[Section 5 amended: No. 53 of 1983 s. 2.]
Saturday shall be a bank holiday throughout the State.
[Section 6 inserted: No. 32 of 2004 s. 4.]
The Governor may, from time to time, by proclamation —
appoint a special day specified in the proclamation to be a public holiday or bank holiday, or both;
appoint any part of any special day specified in the proclamation to be a public half‑holiday,
in any year either throughout the State or within such district or locality as is specified in the proclamation, and in that case the special day or part thereof shall accordingly be a public holiday or bank holiday, or both, or public half‑holiday, as the case may be.
Where a proclamation is made under subsection (1), the Governor may, from time to time, vary or cancel it by subsequent proclamation published in the Government Gazette at least 3 weeks before the special day specified in the former proclamation.
The Governor may, from time to time, by proclamation declare that, instead of a day referred to in section 5, some other day shall be a public holiday or bank holiday, or both, in any year either throughout the State or within such district or locality as is specified in the proclamation, and in that case such other day shall accordingly be a public holiday or bank holiday, or both, as the case may be, instead of the day so referred to in that section.
A proclamation made under subsection (1) shall be published in the Government Gazette at least 3 weeks before the first day to be affected thereby.
Where a proclamation is made under subsection (1), the Governor may, from time to time, vary or cancel it by subsequent proclamation published in the Government Gazette at least 3 weeks before the first day to be affected thereby.
[Section 8 amended: No. 6 of 1976 s. 2; No. 53 of 1983 s. 3; No. 71 of 1987 s. 5; No. 74 of 2003 s. 96.]
Any provision of a proclamation made under section 7 or 8 prevails over any provision of an award, order, or industrial agreement made under the Industrial Relations Act 1979 to the extent of any inconsistency therewith.
[Section 9 amended: No. 71 of 1987 s. 6.]
Subject to subsection (2), all banks in the State shall close their premises to the public on bank holidays.
A bank in the State is not required to close its premises to the public on a Saturday, if that Saturday —
is a bank holiday by virtue of section 6; and
is not a bank holiday or public holiday under any other section.
[Section 10 amended: No. 32 of 2004 s. 5.]
[First Schedule omitted under the Reprints Act 1984 s. 7(4)(f).]
Second Schedule — Public and bank holidays
[s. 5]
[Heading amended: No. 19 of 2010 s. 4.]
New Year’s Day (1st January).
Australia Day (26th January or, when that day falls on a Saturday or Sunday, the first Monday following the 26th January).
Labour Day (Monday on or first Monday following the 1st March).
Good Friday.
Easter Sunday.
Easter Monday.
Anzac Day (25th April).
Western Australia Day (Monday on or first Monday following the 1st June).
Celebration Day for the Anniversary of the Birthday of the Reigning Sovereign (day to be appointed for each year by proclamation published in the Government Gazette at least 3 weeks before the day so appointed).
Christmas Day (25th December).
Boxing Day (26th December).
When New Year’s Day, Anzac Day, or Christmas Day falls on a Saturday or Sunday the next following Monday is also a public holiday and bank holiday.
When Boxing Day falls on a Saturday the next following Monday is also a public holiday and bank holiday.
When Boxing Day falls on a Sunday or Monday the next following Tuesday is also a public holiday and bank holiday.
[Second Schedule amended: No. 6 of 1976 s. 3; No. 53 of 1983 s. 4; No. 20 of 1992 s. 4; No. 8 of 2009 s. 103; No. 3 of 2012 s. 5; No. 30 of 2021 s. 124.]