SAMOA

PUBLIC HOLIDAYS ACT 2008

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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: 

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) 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. 

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