Notice – Proclamation – Special Public & Bank Holidays 2021 Territory of Cocos (Keeling) Islands

Overview

The Proclamation – Special Public & Bank Holidays 2021 (F2020N00104) is a notifiable instrument issued under the Cocos (Keeling) Islands Act 1955, administered by the Administrator of the Territory of Cocos (Keeling) Islands, Natasha Griggs. This proclamation was enacted to designate specific days as special Public and Bank Holidays within the Territory of Cocos (Keeling) Islands, effective from 1 September 2020. The primary objective of this legislation is to provide clarity and recognition of significant cultural and national holidays observed by the local community, thereby accommodating the diverse cultural fabric of the Territory. This act aligns with the Public and Bank Holidays Act 1972 (WA)(CKI) by allowing the Administrator to declare these holidays, ensuring that the community's traditions and national observances are respected and integrated into the official calendar.

Scope and Application

The Notifiable instrument F2020N00104 pertains to the proclamation of special public and bank holidays within the Territory of Cocos (Keeling) Islands. This legislation is enacted under the authority of the Administrator of the Territory, Natasha Griggs, through the Public and Bank Holidays Act 1972 (WA)(CKI), as facilitated by section 8A of the Cocos (Keeling) Islands Act 1955. The Act specifies certain days as special public and bank holidays, including Act of Self Determination Day on Tuesday, 6 April 2021, Hari Raya Puasa on Thursday, 13 May 2021, Queen’s Birthday on Monday, 7 June 2021, Hari Raya Haji on Tuesday, 20 July 2021, and Hari Maulaud Nabi on Tuesday, 19 October 2021. Notably, the dates for Hari Raya Puasa, Hari Raya Haji, and Hari Maulaud Nabi are subject to change based on lunar observation and the sighting of the new moon, potentially varying by one or two days. This Act applies to all persons and entities operating within the Territory of Cocos (Keeling) Islands, impacting public and private sector employees, businesses, and governmental operations by designating these days as holidays.

Key Provisions

The Notifiable Instrument F2020N00104, issued under the authority of the Administrator of the Territory of Cocos (Keeling) Islands, declares several days as special Public and Bank Holidays in 2021 (sections 1-3). The main holidays declared include the Act of Self Determination Day on Tuesday, 6 April 2021, Hari Raya Puasa on Thursday, 13 May 2021, Queen’s Birthday on Monday, 7 June 2021, Hari Raya Haji on Tuesday, 20 July 2021, and Hari Maulaud Nabi on Tuesday, 19 October 2021. It is noteworthy that the dates for Hari Raya Puasa, Hari Raya Haji, and Hari Maulaud Nabi are subject to change as they are based on the Islamic lunar calendar and are dependent on the sighting of the new moon, which could shift the dates by up to two days (section 4). The obligations imposed by this Act are primarily informational and administrative in nature. The Administrator, under the powers delegated by the Public and Bank Holidays Act 1972 (WA)(CKI), is tasked with determining and publicising these holidays. This determination must be made under the authority granted by section 8A of the Cocos (Keeling) Islands Act 1955. The proclamation is intended to inform the public and relevant entities about these holidays in advance, allowing for proper planning and observance (sections 1-4). There are no explicit offences, penalties, or civil/criminal consequences outlined in the Notifiable Instrument for failing to observe these holidays. The main focus of the Act is to ensure that the public and relevant stakeholders are informed of the special holidays, allowing them to plan accordingly. The absence of penalties or consequences suggests that the primary intent is educational and informative rather than punitive (sections 1-4).