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]

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

2 Public Holidays 2008, No.3

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) theTuesday after:
(i) Christmas Day where Christmas Day
falls on a Sunday; and
2008, No.3 Public Holidays 3

(ii) New Year’s Day where New Year’s
Day falls on a Sunday; and
(n) 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.

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.
4 Public Holidays 2008, No.3

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