Holidays Act 1983

An Act to make provision for holidays and for related purposes

1Short title

This Act may be cited as the Holidays Act 1983.

2Public holidays

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

(2)Subsection (1) applies subject to section 3.

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

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

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

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

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

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

s 2 amd 1989 No. 8 s 2

sub 2011 No. 44 s 3

amd 2019 No. 37 s 3

3Minister may change public holidays

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

s 3 prev s 3 om 1995 No. 4 s 33 sch

pres s 3 sub 1995 No. 4 s 33 sch

3AReferences to public holidays in industrial instruments under Industrial Relations Act 1999

To remove any doubt, it is declared that—

(a)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

(b)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.

s 3A ins 2011 No. 44 s 4

amd 2012 No. 28 s 4; 2016 No. 63 s 1157 sch 6

4Special holidays

(1)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.

(2)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.

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

(4)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.

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

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

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

(c)a holiday for a district prescribed by regulation.

(6)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).

(7)In this section—

Comalco Limited means each of the following—

(a)Comalco Limited ACN 004 502 694;

(b)its successors and assigns.

Note—

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

s 4 amd 1985 No. 87 s 2; 1995 No. 4 s 33 sch; 2009 No. 38 s 30; 2010 No. 52 s 28

5Bank holidays

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

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

(b)Saturdays.

(2)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.

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

s 5 amd 1988 No. 63 s 2; 1990 No. 34 s 1.4(1); 1995 No. 4 s 33 sch

6Regulation making power

The Governor in Council may make regulations under this Act.

s 6 sub 1995 No. 4 s 33 sch

7Reference to Holidays Act 1912

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

s 7 prev s 7 om 1995 No. 4 s 33 sch

pres s 7 ins 1995 No. 4 s 33 sch

8Transitional provision for Electrical Safety and Other Legislation Amendment Act 2009

(1)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.

(2)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.

(3)In this section—

commencement means the commencement of this section.

industrial gazette means the Queensland Government Industrial Gazette.

s 8 orig s 8 om 1995 No. 4 s 33 sch

prev s 8 ins 1995 No. 4 s 33 sch

om 24 April 1995 (see RA s 37)

pres s 8 ins 2009 No. 38 s 31

9Particular public holidays in 2010

(1)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.

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

•25 December 2010

•28 December 2010.

(3)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.

s 9 prev s 9 om 1985 No. 87 s 3

pres s 9 ins 2010 No. 43 s 3

10Particular public holidays in 2011

(1)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.

(2)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.

s 10 ins 2010 No. 43 s 3

11Particular public holiday in 2012

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

(2)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).

s 11 ins 2011 No. 44 s 5

12Particular public holiday in 2014

(1)A public holiday is to be observed on 14 November 2014 in the Brisbane area for the Group of Twenty leaders’ summit.

(2)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 2014, to include 14 November 2014.

(3)In this section—

Brisbane area means the area of Brisbane under the City of Brisbane Act 2010.

s 12 ins 2013 No. 56 s 107

13Particular public holiday in 2020—People’s long weekend

(1)A public holiday is to be observed on 14 August 2020 in a participating district.

(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, in a participating district, for 2020, to include 14 August 2020.

(3)In this section—

Bowen area means an area of the Whitsunday local government area shown on map LGB20 edition 2 under the repealed Local Government (Areas) Regulation 2005 as any of the following divisions of the former Bowen local government area—

(a)division 1;

(b)division 2;

(c)division 3, to the extent it is north of the Bogie River from its confluence with the Burdekin River to its source and then easterly by the Clark Range to the eastern boundary of the former shire.

Editor’s note—

A copy of the map is available for inspection from the department in which the Local Government Act 2009 is administered.

participating district means—

(a)each of the following local government areas—

(i)Burdekin;

(ii)Charters Towers;

(iii)Cloncurry;

(iv)Gold Coast;

(v)Livingstone;

(vi)Logan;

(vii)Mackay;

(viii) Rockhampton; or

(b)the area of Brisbane under the City of Brisbane Act 2010; or

(c)the area, known as the Weipa Town Area, excluded from the Cook local government area under the agreement made under the Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957; or

(d)the Bowen area.

s 13 ins 2020 No. 19 s 132D

section 2

1 January (New Year’s Day)

A public holiday is to be observed on 1 January.

2 January

A public holiday is to be observed on 2 January only if 1 January is a Sunday.

3 January

A public holiday is to be observed on 3 January only if 1 January is a Saturday.

26 January (Australia Day)

A public holiday is to be observed on—

(a)26 January; or

(b)if 26 January is a Saturday or Sunday—the following Monday.

Good Friday

A public holiday is to be observed on the Friday publicly observed as Good Friday.

The day after Good Friday

A public holiday is to be observed on the day after Good Friday.

Easter Sunday

A public holiday is to be observed on the Sunday following Good Friday.

Easter Monday

A public holiday is to be observed on the Monday following Good Friday.

25 April (Anzac Day)

A public holiday is to be observed on—

(a)25 April; or

(b)if 25 April is a Sunday—the following Monday.

Labour Day

A public holiday is to be observed on the first Monday in May.

Birthday of the Sovereign

A public holiday is to be observed on the first Monday in October.

25 December (Christmas Day)

A public holiday is to be observed on 25 December.

26 December (Boxing Day)

A public holiday is to be observed on 26 December.

27 December

A public holiday is to be observed on 27 December only if 25 December is a Saturday or Sunday.

28 December

A public holiday is to be observed on 28 December only if 26 December is a Saturday or Sunday.

sch amd 1989 No. 8 s 3

sub 2011 No. 44 s 6

amd 2012 No. 28 s 5; 2015 No. 14 s 12; 2016 No. 63 s 1108