1.9D Notice periods expiring on weekends and public holidays - extract from the Property Management Excellence PME manual
Notices that expire on a weekend or public holiday, should expire on the next business day and action taken the next business day. It is not recommended they expire on a weekend or a public holiday, though they can. Continue reading to fully understand this important procedure.
Notices can expire on weekends and or public holidays though as per section 38 (2) below of the Acts Interpretation Act, the notice does not actually expire until the next business day.
38 Reckoning of time
(1) If a period beginning on a given day, act or event is provided or allowed for a purpose by an Act, the period is to be calculated by excluding the day, or the day of the act or event,
(a) if the period is expressed to be a specified number of clear days or at least a specified number of days—by excluding the day on which the purpose is to be fulfilled; and
(b) in any other case—by including the day on which the purpose is to be fulfilled.
(2) If the time, or last day of a period, calculated forwards that is provided or allowed by an Act for doing anything falls on an excluded day, the time, or last day, is taken to fall on the next day later that is not an excluded day.
(3) If the time, or earliest day of a period, calculated backwards that is provided or allowed by an Act for doing anything falls on an excluded day, the time, or earliest day, is taken to fall on
the next day earlier that is not an excluded day.
(4) If no time is provided or allowed for doing anything, the thing is to be done as soon as possible, and as often as the relevant occasion happens.
(5) In this section—
(a) for filing or registering a document—means a day on which the office is closed where the filing or registration must or may be done; or
(b) otherwise—means a day that is not a business day in the place in which the thing must or may be done.
Acts Interpretation Act 1954
In summary, section 38 (2) means;
If the last day of a notice period (expiry date) under the RTRA Act, occurs on a weekend or public holiday, the actual expiry date must be moved to the next business day. The notice periods (other than hours’ notice periods), are clear days, meaning midnight to midnight.
For example; if a notice was for 7 days for rent arrears notice to leave as per section 281 of the RTRA Act, and the 7 day notice expired at midnight on a Saturday, Sunday or public holiday, the notice action could not be taken until the next business day. The notice would expire on the next business day and action taken the next business day after that.