rangement of Provisions

1. Short title and commencement
2. Section 2 amended
3. Section 5 amended

4. Section 7 substituted
5. Repeal of Shops Ordinance
1961

__________

2015, No. 10

AN ACT to amend the Public Holidays Act 2008 (“principal
Act”) and to repeal the Shops Ordinance 1961. [27
th March 2015]

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

1. Short title and commencement - This Act may be cited as
the Public Holidays Amendment Act 2015, and commences on
the date of assent by the Head of State.

2. Section 2 amended - In section 2 of the principal Act for
the definition of “shop” substitute:

““shop” means any premises or part of any premises
licensed under the Business Licences Act 1998 where
goods or services are sold.”.

2 Public Holidays Amendment 2015, No. 10

3. Section 5 amended - In section 5 of the principal Act:
(a) for the full stop at the end of paragraph (n), substitute
a semi-colon; and
(b) after paragraph (n), insert:

“(o) an international bank licensed under the
International Banking Act 2005;
(p) a trustee company registered under the Trustee
Companies Act 1988;
(q) an international company or foreign company
incorporated or registered under the
International Companies Act 1988.”.

4. Section 7 substituted - For section 7 of the principal Act
substitute the following sections:

“7. Other public holidays-(1) The Head of State may,
acting on the advice of Cabinet, declare any day to be a
public holiday.
(2) When a state of emergency is declared or proclaimed
under any enactment, the Head of State may, acting on the
advice of Cabinet, declare any day within the period of state
of emergency as an emergency holiday for the whole or part
of Samoa.
(3) When advising the Head of State to declare an
emergency holiday, Cabinet must take into account the
following:
(a) the actual effect of the emergency on the public;
(b) the actual damages to the infrastructure; and
(c) any other government policy relating to
emergencies.
(4) When an emergency holiday is declared under
subsection (2), the emergency holiday is treated as a public
holiday for the purpose of this Act and any other enactment.
(5) A declaration for an emergency holiday must include:
(a) the authority for employees to work during the
emergency holiday;

2015, No. 10 Public Holidays Amendment 3

(b) the rate of pay for employees who work during the
emergency holiday; and
(c) any other requirements for the purpose of the
emergency holiday.
(6) The rate of pay under subsection (5)(b) may be a
special rate between the ordinary rate of wages for the day’s
work and the doubling of the ordinary rate if an employee is
required by the employer to work on an emergency holiday.
(7) The power to declare a public holiday under
subsection (2), includes the power to revoke any emergency
holiday that has not been taken or to impose other
requirements pursuant to subsection (5).

7A. Employer’s holiday-(1) The Minister, may upon
application (“application”) by an employer to the Minister,
declare any day as an employer’s holiday in respect of the
employer and employees of the employer.
(2) The employer’s holiday is treated as a public holiday
for the purpose of this Act and any other enactment.
(3) The application must:
(a) be in a form approved by the Minister; and
(b) be accompanied by the prescribed fee.
(4) An application may be made by a group of employers
or the employers of an industry.
(5) The power under subsection (1) includes the following
powers:
(a) to refuse the application;
(b) to impose conditions (including approval of
employees who may be required to work
during the employer’s holiday and the rate of
pay to be payable);
(c) to suspend the taking of the holiday to another day;
(d) to revoke the declaration before the holiday is
taken.
(6) This section does not apply to the Government.”.

4 Public Holidays Amendment 2015, No. 10

5. Repeal of Shops Ordinance 1961 - The Shops Ordinance
1961 is repealed.

__________
The Public Holidays Amendment Act 2015 is administered
by the Ministry of Commerce, Industry and Labour.