Acts Interpretation Amendment Act 1998

Administered by Attorney-General's Department

Legislation au C2004A00380 Not in force Act

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Acts Interpretation Amendment Act 1998

 

No. 125, 1998

 

 

 

 

Acts Interpretation Amendment Act 1998

 

No. 125, 1998

 

 

 

An Act to amend the Acts Interpretation Act 1901 in relation to references in Acts to Ministers, and for related purposes

 

 

Contents

1 Short title...................................

2 Commencement...............................

3 Schedule(s)..................................

Schedule 1—Amendment of the Acts Interpretation Act 1901

 

Acts Interpretation Amendment Act 1998

No. 125, 1998

 

 

 

An Act to amend the Acts Interpretation Act 1901 in relation to references in Acts to Ministers, and for related purposes

[Assented to 21 December 1998]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Acts Interpretation Amendment Act 1998.

2  Commencement

  This Act commences on the day on which it receives the Royal Assent.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendment of the Acts Interpretation Act 1901

 

1  After section 18B

Insert:

18C  Portfolio Minister may authorise a non‑portfolio Minister or a member of the Executive Council who is not a Minister to act on his or her behalf in the performance of statutory functions or the exercise of statutory powers

 (1) A Minister (the authorising Minister) who administers (whether alone or jointly with one or more other Ministers) an Act or a provision of an Act may authorise:

 (a) a Minister who does not administer the Act or provision; or

 (b) a member of the Executive Council who is not a Minister;

to act on behalf of the authorising Minister in the performance of functions, or the exercise of powers, that the authorising Minister may perform or exercise under the Act or provision.

 (2) An authorisation under subsection (1) in relation to an Act or a provision of an Act extends to the performance of functions, or the exercise of powers, that the authorising Minister may perform or exercise under an instrument (including a regulation, rule or Proclamation) having effect under or for the purposes of the Act or provision.

 (3) Subject to subsection (4), an authorisation under subsection (1) may be expressed:

 (a) to have effect only during a period or periods, or during the existence of a circumstance or circumstances, referred to in the authorisation; or

 (b) to take effect immediately, or at a time referred to in the authorisation, and afterwards to continue to have effect until another person is appointed to the office held by the authorising Minister.

 (4) Despite subsection (3), an authorisation under subsection (1) may be revoked at any time by the authorising Minister.

 (5) An authorisation under subsection (1), and the revocation of such an authorisation, must be in writing.

 (6) This section does not affect the giving, under a power existing apart from this section, of an authorisation to a Minister or other member of the Executive Council to act on behalf of another Minister.

 (7) In this section:

function includes duty.

2  Validation of past authorisations

If a Minister (the authorising Minister) purported, before the commencement of this item, to give to another Minister or member of the Executive Council an authorisation to act on behalf of the authorising Minister in the performance of functions or duties, or the exercise of powers, that the authorising Minister was empowered to perform or exercise under an Act or a provision of an Act or under an instrument (including a regulation, rule or Proclamation) having effect under or for the purposes of such an Act or provision:

 (a) the authorisation is taken to have been validly given; and

 (b) if the authorisation continues in force after that commencement, the authorising Minister may at any time, by writing, revoke the authorisation.

3  Section 19

Omit “unless the contrary intention appears”.

4  Subsection 19A(1)

Omit all the words before paragraph (a), substitute:

  If a provision of an Act:

 (aa) refers to a Minister by using the expression “the Minister” without specifying which Minister is referred to; or

 (ab) refers to a particular Minister;

then, unless the contrary intention appears, the reference is a reference to:

5  Validation of past acts

Any act that a Minister purported to do before the commencement of this Act on behalf of another Minister in the purported performance of a function or duty or the purported exercise of a power conferred on the other Minister by an Act or by an instrument (including a regulation, rule or Proclamation) having effect under or for the purposes of an Act is taken to have been as valid as it would have been if:

 (a) the amendment of subsection 19A(1) of the Acts Interpretation Act 1901 made by item 4 had been in force when the purported act was done; and

 (b) the purported act had been done by the first‑mentioned Minister under that subsection as amended by that item.

6  Paragraph 19BA(1)(b)

Omit “by virtue of administrative arrangements ordered”, substitute “because of any order or appointment made”.

7  Validation of past orders

(1) Any order that the Governor‑General purported to make before the commencement of item 6 under paragraph 19BA(1)(c) of the Acts Interpretation Act 1901 is taken to have been, at all times before that commencement when the order purported to be in force, as valid as it would have been if the amendment made by that item had been in force when the purported order was made.

(2) If an order that the Governor‑General purported to make before the commencement of item 6 under paragraph 19BA(1)(c) of the Acts Interpretation Act 1901 purported to be in force immediately before that commencement, the purported order has the effect after that commencement that it would have if the amendment made by that item had been in force when the purported order was made.

   

[Minister’s second reading speech made in—

House of Representatives on 12 November 1998

Senate on 30 November 1998]

 

(171/98)


 

 

 

Overview

The Acts Interpretation Amendment Act 1998 (No. 125, 1998) was enacted by the Parliament of Australia to address issues in the interpretation of references to Ministers in Acts. This legislation sought to provide clarity and flexibility in the delegation of functions and powers among Ministers, ensuring that authorisations and acts performed by Ministers are valid and enforceable. The Act aimed to amend the Acts Interpretation Act 1901, thereby rectifying any ambiguities or gaps in the interpretation of statutory references to Ministers. It also validated past authorisations and actions taken by Ministers to ensure continuity and legal certainty in administrative processes. The policy objective of this Act was to streamline the administration of statutory functions by allowing Ministers to delegate certain powers and duties to other Ministers or members of the Executive Council, subject to specific conditions and formalities. By providing a clear legal framework for such delegations, the Act aimed to enhance the efficiency and effectiveness of government operations while maintaining accountability and oversight. The Act also sought to validate past actions taken under erroneous interpretations, thereby preventing any potential legal challenges to the legitimacy of previous administrative decisions.

Scope and Application

The Acts Interpretation Amendment Act 1998 (C2004A00380) amends the Acts Interpretation Act 1901 to clarify and expand the authority of Ministers to delegate statutory functions and powers to other Ministers or members of the Executive Council. This Act applies to all Ministers and members of the Executive Council within the Commonwealth jurisdiction, allowing for more flexible and efficient administration of legislative provisions. The Act facilitates the delegation of functions and powers from one Minister to another, or to a non-Minister member of the Executive Council, provided the delegation is in writing and can be revoked at any time. This legislative amendment aims to validate past authorisations and actions taken before the Act's commencement, ensuring continuity and legal certainty. Notably, the Act does not apply to delegations made under other provisions outside its scope, and its application can be extended or refined through subordinate instruments as necessary.

Key Provisions

The Acts Interpretation Amendment Act 1998 (No. 125, 1998) amends the Acts Interpretation Act 1901 in relation to references in Acts to Ministers. Section 18C of the Act permits a Minister who administers an Act or a provision of an Act to authorise a non-portfolio Minister or a member of the Executive Council who is not a Minister to act on their behalf in the performance of statutory functions or the exercise of statutory powers. This authorisation can be expressed to have effect for a specific period or circumstance or to continue until another person is appointed to the office held by the authorising Minister. The authorisation must be in writing and can be revoked at any time by the authorising Minister. This section does not affect the giving of an authorisation to a Minister or other member of the Executive Council to act on behalf of another Minister under a power existing apart from this section. The Act imposes certain obligations on Ministers and other members of the Executive Council. Ministers who administer an Act or a provision of an Act must ensure that any authorisation they give to another Minister or member of the Executive Council to act on their behalf is in writing and is revoked if necessary. Members of the Executive Council who are not Ministers must ensure that they do not act beyond the scope of any authorisation given to them by a Minister. Additionally, the Act requires that any act, order, or appointment made by a Minister on behalf of another Minister before the commencement of the Act is validated as if the Act had been in force at the time the act, order, or appointment was made. Breach of the Act's provisions can result in civil or criminal consequences. However, the Act does not specify any particular offences, penalties, or civil or criminal consequences for breach. Instead, the consequences of breach will depend on the specific Act or provision of an Act that is being administered or the instrument having effect under or for the purposes of such an Act or provision. For example, if a Minister acts beyond the scope of any authorisation given to them by another Minister, they may be subject to disciplinary action under the Public Service Act 1999 or other relevant legislation. Similarly, if a member of the Executive Council who is not a Minister acts beyond the scope of any authorisation given to them by a Minister, they may be subject to disciplinary action under the Executive Council (Commonwealth Authorities) Act 1976 or other relevant legislation. The maximum penalties for breach of these Acts will depend on the specific provisions of the Acts and the severity of the breach.

Legal classification tags

Area of Law
Statutory Interpretation
Instrument
Act
Concepts
Commencement Provisions
Definitions & Interpretation
Repeal & Amendment
Validation of Past Acts
Delegated & Subordinate Legislation

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