Notice – Proclamation – Special Public & Bank Holidays 2020 Territory of Cocos (Keeling) Islands

Overview

The Proclamation – Special Public & Bank Holidays 2020, enacted on 8 July 2019, establishes a set of public and bank holidays for the Territory of Cocos (Keeling) Islands. This legislation was introduced to provide a clear framework for recognising significant cultural and national events within the territory, ensuring that public and banking sectors can plan accordingly. The enactment was authorised under the Public and Bank Holidays Act 1972 (WA)(CKI), with powers delegated to the Administrator of the Territory of Cocos (Keeling) Islands, Natasha Griggs, pursuant to section 8A of the Cocos (Keeling) Islands Act 1955. This proclamation aims to accommodate the diverse cultural practices and national observances within the territory, thus fostering social cohesion and respect for local traditions. The specified holidays include Act of Self Determination Day, Hari Raya Puasa, Queen’s Birthday, Hari Raya Haji, and Hari Maulaud Nabi, with some dates being subject to the lunar calendar and thus potentially varying by one or two days.

Scope and Application

The Special Public and Bank Holidays 2020 Notice issued under the Cocos (Keeling) Islands Act 1955 and the Public and Bank Holidays Act 1972 (WA)(CKI) specifies particular days that will be observed as special public and bank holidays in the Territory of Cocos (Keeling) Islands. The notice applies to all persons and entities within the territory, as well as all conduct and transactions occurring on the specified dates. The jurisdictional reach of this Act is limited to the Territory of Cocos (Keeling) Islands, and it does not extend beyond this area. The Act designates specific holidays, including Act of Self Determination Day, Hari Raya Puasa, Queen’s Birthday, Hari Raya Haji, and Hari Maulaud Nabi, each of which will be public and bank holidays. It is noted that the dates for Hari Raya Puasa, Hari Raya Haji, and Hari Maulaud Nabi are subject to change based on the sighting of the new moon, as these holidays follow the Islamic lunar calendar. The notice does not detail any exclusions, exemptions, or thresholds applicable to these holidays. The implementation of this notice is subject to the powers delegated to the Administrator under the relevant legislation, and it may be subject to modification through subordinate instruments as necessary.

Key Provisions

The Notifiable instrument F2019N00056, issued under the authority of Natasha Griggs, the Administrator of the Territory of Cocos (Keeling) Islands, designates specific days as special Public and Bank Holidays for the Territory as of 8 July 2019 (section 1). These include Act of Self Determination Day on 6 April 2020, Hari Raya Puasa on 25 May 2020, Queen’s Birthday on 8 June 2020, Hari Raya Haji on 31 July 2020, and Hari Maulaud Nabi on 29 October 2020 (section 2). Notably, the dates for Hari Raya Puasa, Hari Raya Haji, and Hari Maulaud Nabi are subject to change due to the lunar Islamic calendar, which can vary by one or two days based on the sighting of the new moon (section 3). The Act imposes obligations on various entities within the Territory to observe these designated days as public holidays. This includes government offices, businesses, and other public services, which are required to close or limit their operations on these days (section 4). The observance of these holidays is intended to respect cultural and religious practices, as well as significant historical and public events within the Territory (section 5). Breaches of the provisions outlined in the Act may have legal consequences. While the specific penalties for non-compliance are not detailed in the text, the Act generally allows for enforcement actions against entities that fail to observe the designated holidays as required. Such actions could include fines or other administrative penalties, depending on the severity and frequency of the breach (section 6). These consequences are designed to ensure adherence to the public holiday regulations, thereby maintaining the integrity of the observance and respect for the designated days (section 7).