Notice – Proclamation – Special Public & Bank Holidays 2023 Territory of Cocos (Keeling) Islands No 05/2022

Overview

The Public and Bank Holidays Act 1972 (WA)(CKI), as amended by the Cocos (Keeling) Islands Act 1955, governs the establishment of public and bank holidays in the Territory of Cocos (Keeling) Islands. The legislation allows for the proclamation of these holidays, ensuring that significant dates are recognised and observed by the community. One such proclamation, Notice – Proclamation – Special Public & Bank Holidays 2023 (F2022N00238), addresses the renaming of the Queen’s Birthday to the King’s Birthday, reflecting the change in the monarchy. This shift is enacted by Sarah Vandenbroek, the Deputy Administrator of the Territory of Cocos (Keeling) Islands, under the powers delegated to her by the relevant Acts. The policy objective is to maintain continuity and respect for the traditions and sovereignty of the region by updating the nomenclature in line with the current monarch.

Scope and Application

The proclamation under F2022N00238 pertains specifically to the Territory of Cocos (Keeling) Islands and modifies the designation of a public holiday within that jurisdiction. The Act applies to all persons and entities operating within the Territory of Cocos (Keeling) Islands, including government employees, private sector workers, and other residents or visitors present on the islands. The proclamation alters the name of a special public holiday from the Queen’s Birthday to the King’s Birthday, reflecting the recent change in the British monarchy. The geographic reach of this proclamation is confined to the Territory of Cocos (Keeling) Islands, a federal external territory of Australia. This change in nomenclature does not extend beyond the geographical boundaries of the islands, and no exclusions, exemptions, or thresholds are specified in this particular proclamation. The application and any further adjustments to public holidays are enabled under the Public and Bank Holidays Act 1972 (WA)(CKI), as supported by section 8A of the Cocos (Keeling) Islands Act 1955, allowing for modifications through subordinate instruments if necessary.

Key Provisions

The main operative sections of this notifiable instrument (No 05/2022) are concerned with the renaming of a public holiday. Section 8A of the Cocos (Keeling) Islands Act 1955 provides the Deputy Administrator with the authority to make such determinations. Pursuant to this authority, the Deputy Administrator, Sarah Vandenbroek, has proclaimed that the special public holiday previously known as the Queen’s Birthday will henceforth be called the King’s Birthday, effective from Tuesday, 6 June 2023. This change, as outlined in the proclamation, imposes specific obligations on the relevant authorities and the public within the Territory of Cocos (Keeling) Islands. The proclamation mandates that all official references, communications, and documentation pertaining to the holiday must now use the new designation "King’s Birthday." Additionally, any scheduling or planning already in place for the holiday must be updated to reflect this change. The obligation extends to ensuring that all public notices and announcements are made in a timely manner to inform the community of the holiday’s new name. Failure to comply with the terms of this proclamation could result in various consequences. While the specific offences, penalties, or civil/criminal consequences for non-compliance are not detailed within the text, it is implied that adhering to the proclamation is mandatory. Non-compliance might typically lead to administrative actions or require corrective measures to align with the new holiday designation. The precise penalties would depend on the nature and extent of the non-compliance, potentially including fines or other administrative sanctions as stipulated by relevant local laws.