Notice – Proclamation – Special Public & Bank Holidays 2022 Territory of Christmas Island No 03/2022

Overview

The Proclamation – Special Public & Bank Holidays 2022, issued under the authority of the Christmas Island Act 1958, designates a special public holiday to be observed in the Territory of Christmas Island. This notifiable instrument was enacted to ensure that appropriate public holidays are recognised and observed in the territory. The Public and Bank Holidays Act 1972 (WA)(CI) empowers the Administrator of the Territory of Christmas Island to declare such holidays, as enabled by section 8A of the Christmas Island Act 1958. The proclamation specifies that the National Day of Mourning for Her Majesty the Queen will be observed as a special public holiday on Thursday, 22 September 2022, in accordance with the powers conferred upon the Administrator. This action addresses the need to recognise significant national events and ensure that the people of Christmas Island can appropriately observe these occasions.

Scope and Application

The proclamation under F2022N00205 designates a special public holiday on Christmas Island for the National Day of Mourning for Her Majesty the Queen, effective from Thursday, 22 September 2022. This legislative action applies to all individuals and entities within the Territory of Christmas Island, ensuring that the public holiday is observed and respected across the territory. The jurisdictional reach of this proclamation is confined to the Territory of Christmas Island, operating under the authority granted by the Christmas Island Act 1958 and the Public and Bank Holidays Act 1972 (WA)(CI). This proclamation does not extend beyond the territorial boundaries of Christmas Island and is not applicable to any other part of Australia or its territories. The act itself does not outline specific exclusions, exemptions, or thresholds, but it is understood that the observance of this holiday is mandatory for all within its jurisdictional scope. Any further extension or restriction of the application of this act would be subject to additional subordinate instruments, which would need to be promulgated in accordance with the enabling legislation.

Key Provisions

The main operative sections of the Notifiable instrument F2022N00205 are sections 1 and 2. Section 1 (1) states that the Administrator of the Territory of Christmas Island, under the powers delegated to her by the Public and Bank Holidays Act 1972 (WA)(CI), determines that Thursday, 22 September 2022, will be a special Public Holiday in the Territory of Christmas Island. This declaration is made in commemoration of the National Day of Mourning for Her Majesty the Queen. Section 2 (1) provides that this instrument will be known as the Special Public & Bank Holidays 2022 Territory of Christmas Island No 03/2022. This Act imposes obligations on the Administrator of the Territory of Christmas Island to declare special public holidays as necessitated by significant events or commemorations. The Administrator exercises this authority under the powers granted by the Public and Bank Holidays Act 1972 (WA)(CI) and the Christmas Island Act 1958. Specifically, the Administrator must ensure that the declaration of special public holidays aligns with the legislative framework that enables such declarations. There are no specific offences, penalties, or civil/criminal consequences outlined in this Notifiable instrument for breaches of the declared special public holiday. The focus of the legislation is on the administrative process of declaring a special public holiday rather than on enforcement or punitive measures for non-compliance. The primary intent is to ensure that the Territory of Christmas Island observes the National Day of Mourning for Her Majesty the Queen as a special public holiday in accordance with the legal provisions outlined.