Acts Interpretation (Emergency Management Minister) Authorisation 2025

Overview

The Acts Interpretation (Emergency Management Minister) Authorisation 2025 (No. 25/233) was enacted to address the need for flexibility in the assignment of duties and powers within the Disaster Ready Fund Act 2019. The Act was introduced by Kristy McBain, the Minister for Emergency Management, and authorises Tony Burke, who holds multiple ministerial roles, to act on her behalf during a specified period. This authorisation is intended to ensure continuity and effective management of emergency-related functions and responsibilities in the interim, reflecting the policy objective of maintaining robust emergency preparedness and response mechanisms. The authorisation is effective from immediately after it is signed on 22 September 2025 and ceases at 5:00 pm AEST on 31 October 2025, ensuring a clear and temporary delegation of authority within the stipulated timeframe.

Scope and Application

The Acts Interpretation (Emergency Management Minister) Authorisation 2025 pertains to the delegation of specific functions, duties, and powers related to the Disaster Ready Fund Act 2019 from the Emergency Management Minister to the Minister for Home Affairs, Minister for Immigration and Citizenship, Minister for Cyber Security, and Minister for the Arts. This authorisation applies to the person of Tony Burke, who is vested with these ministerial roles, for the explicit purpose of performing these functions and duties during the specified period from 23 September 2025 until 5:00 pm AEST on 31 October 2025. The authorisation is a notifiable instrument, highlighting the formal delegation and transfer of responsibilities that are typically reserved for the Emergency Management Minister under the Disaster Ready Fund Act 2019. The scope and jurisdictional reach of this authorisation is limited to the functional delegation outlined in the instrument, and it does not extend to any other acts or authorities outside of these specific functions.

Key Provisions

The main sections of the F2025N00773 Notifiable Instrument pertain to the delegation of certain ministerial functions during a specific period. Under section (1), Kristy McBain, the Minister for Emergency Management, authorises Tony Burke, who holds several ministerial portfolios, to perform functions and exercise powers that she might perform or exercise as the Emergency Management Minister. This authorisation takes effect immediately after the instrument is signed and remains in force until 5:00 pm AEST on 31 October 2025, as stated in section (3). The instrument itself commences immediately after it is signed, as outlined in section (2). The term "Emergency Management Minister" is defined in section 4 of the Disaster Ready Fund Act 2019. The obligations and requirements imposed by this instrument involve the formal delegation of specific duties and powers from Kristy McBain to Tony Burke for the specified period. During this time, Tony Burke is authorised to act on Kristy McBain's behalf in performing functions or exercising powers related to the Disaster Ready Fund Act 2019. This delegation ensures that the necessary functions continue uninterrupted despite the absence or unavailability of the primary minister, Kristy McBain. Under this instrument, there are no explicit offences, penalties, or consequences for breaches. However, the act of delegating authority must comply with the conditions outlined in the instrument, including the defined timeframe and the scope of delegated functions. Any action taken outside the scope of this delegation by Tony Burke would not be authorised and could potentially be subject to review or challenge. The instrument is clear in its temporal limitations and scope of authority, thus ensuring that any actions taken are within the bounds of the delegated powers.