CONSOLIDATED ACTS OF SAMOA 2010

PUBLIC HOLIDAY ACT 2008

Arrangement of Provisions

Part 1
Preliminary

1. Short title and commencement
2. Interpretation

Part 2
Public Holidays

3. Shop may open
4. School and place of employment to be closed
5. Exempted services and places of employment
6. Minister's powers
7. Head of State's power

Part 3
Amendments

8. Shops Ordinance 1961
9. Repeal
10. Labour and Employment Act 1972

Part 4
Miscellaneous

11. Offence and penalty
12. Regulations

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2008, No. 3

AN ACT to amend and set up the law relating to public holidays. 

[25th January 2008]
[Commencement date: 1 January 2008] 

BE IT ENACTED by the Legislative Assembly of Samoa in Parliament assembled as follows:

Part 1
Preliminary

1. Short title and commencement-(1) This Act may be cited as the Public Holidays Act 2008.

(2) This Act comes into force on 1 January 2008.

2. Interpretation-(1) In this Act, unless the context otherwise requires:-

"emergency" means emergency as defined in section 2 of the Fire and Emergency Service Act 2007;

"Minister" means the Minister responsible for employment and labour in Samoa;

"pharmacy" means pharmacy as defined in section 2 of the Pharmacy Act 2007;

"place of employment" means place of employment as defined in section 2 of the Labour and Employment Act 1972;

"public holiday" means:

(a) Christmas Day;

(b) Boxing Day;

(c) New Year's Day;

(d) the day after New Year's Day;

(e) Good Friday;

(f) the Saturday after Good Friday;

(g) Easter Monday;

(h) Mothers' Day being the Monday after the second Sunday in May;

(i) Independence Day;

(j) Fathers' Day being the Monday after the second Sunday in August;

(k) Lotu a Tamaiti Holiday being the Monday after the second Sunday in October (White Sunday);

(1) the Monday after the days referred to in paragraphs (a), (b), (c), (d) and (h) where that day falls on a Sunday;

(m) the Tuesday after:

(i) Christmas Day where Christmas Day falls on a Sunday; and

(ii) New Year's Day where New Year's Day falls on a Sunday; and

(n) polling day and the day immediately preceding polling day in any general elections; and

(o) any day declared to be a public holiday by the Head of State in accordance with this Act.

"shop" means shop as defined in section 2 of the Shops Ordinance 1961.

Part 2
Public Holidays

3. Shop may open - A shop may open for operations during a public holiday.

4. School and place of employment to be closed - Except as provided for in this Act, a school or a place of employment shall be closed for all operations during a public holiday.

5. Exempted services and places of employment - Section 4 of this Act shall not apply to the following services and places of employment:

(a) morgue or funeral services;

(b) hospital;

(c) pharmacy;

(d) fire and emergency services;

(e) search and rescue services;

(f) police services;

(g) security services;

(h) waste management services;

(i) public transport services;

(j) shipping services;

(k) civil aviation services;

(l) hotel and hospitality services;

(m) communication services;

(n) the Electoral Commissioner, his or her staff and such assistants working under his or her direction on public holidays during elections.

6. Minister's powers - Despite the provisions of this or any other Act, the Minister may by order, authorise:

(a) a school or a place of employment to be open during a public holiday; or

(b) a shop to be closed during a public holiday.

7. Head of State's power - The Head of State acting on the advice of Cabinet may declare any day to be a public holiday.

Part 3
Amendments

8. Shops Ordinance 1961-(1) Section 2 of the Shops Ordinance 1961 is amended by substituting the definition of "public holiday" with "means any holiday defined in or declared under the Public Holidays Act 2008".

9. Repeal - Sections 10, 11, 12, 13, 14 and 16(2) of the Shops Ordinance 1961 are repealed.

10. Labour and Employment Act 1972 - Section 2 of the Labour and Employment Act 1972, at the definition of "public holiday" is amended by substituting "Shops Ordinance 1961" with "Public Holidays Act 2008".

Part 4
Miscellaneous

11. Offence and penalty — A person who breaches a provision of this Act commits an offence and is liable upon conviction to a fine not exceeding 100 penalty units or 12 months imprisonment or both.

12. Regulations - The Head of State acting on the advice of Cabinet may make regulations prescribing matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

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REVISION NOTES 2008

This law has been reviewed in accordance with the powers provided for in section 5 of the Revision and Publication of Laws Act 2008. Some minor amendments of a non-substantive nature have been made to conform to modern drafting styles.

No amendments have been made to this law since its enactment.

This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2008. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Revised and consolidated under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel)

REVISION NOTES 2008 No. 2

This law has been generally edited as provided for by section 5 of the Revision and Publication of Laws Act 2008. The following general revision has been made - the commencement date has been inserted after the assent date.

This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2008. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Revised and consolidated under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel).

REVISION NOTES 2009

The following amendments were made to this Act-

By section 22 of the Electoral Amendment Act 2009, No.21 -

Section 2 - Inserted a new paragraph (n) after the paragraph (m), and renumbering the current paragraph (n) as paragraph (o).

Section 5 - Inserted a new paragraph "(n)" after paragraph (m).

This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2009. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Consolidated and revised under the supervision of Malietau Malietoa (Parliamentary Counsels).

REVISION NOTES 2010

There were no amendments made to this law since the publication of the Consolidated and Revised Statutes of Samoa 2007.

This law has been revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2010. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Revised by the Legislative Drafting Division under the supervision of Papalii Malietau Malietoa (Parliamentary Counsel).

The Public Holidays Act 2008 is administered by the Ministry of Commerce, Industry and Labour