Acts Interpretation (Minister for Industry and Science) Authorisation 2023
I, the Hon Ed Husic MP, Minister for Industry and Science, acting in accordance with sections 19 and 34AAB of the Acts Interpretation Act 1901, and all other powers thereunto enabling, as the case requires, hereby authorise the Hon Chris Bowen MP, Minister for Climate Change and Energy, to exercise, on my behalf, all my powers and functions, including powers and functions conferred on me by any law of the Commonwealth.
This instrument commences on 6 July 2023 and ceases to have effect at the end of
14 July 2023.
Dated 26 June 2023
Signed
Ed Husic
Minister for Industry and Science
Overview
The Acts Interpretation (Minister for Industry and Science) Authorisation 2023, enacted in 2023, was introduced to facilitate the delegation of specific powers and functions from the Minister for Industry and Science, the Hon Ed Husic MP, to another Minister, the Hon Chris Bowen MP, Minister for Climate Change and Energy. This authorisation was necessary to streamline the execution of duties and responsibilities across different portfolios, ensuring that the operational effectiveness of government functions was maintained without interruption. Authorised under sections 19 and 34AAB of the Acts Interpretation Act 1901, the instrument provides a clear framework for this delegation, allowing it to take effect from 6 July 2023 until 14 July 2023, thereby ensuring a seamless transfer and continuity of ministerial responsibilities during this period.
Scope and Application
The Acts Interpretation (Minister for Industry and Science) Authorisation 2023 authorises the Minister for Climate Change and Energy to exercise the powers and functions of the Minister for Industry and Science for a specified period. This authorisation encompasses all powers and functions conferred on the Minister for Industry and Science by any law of the Commonwealth. The authorisation is effective from 6 July 2023 until 14 July 2023, providing a temporary delegation of authority within the Commonwealth legislative framework. During this period, the Minister for Climate Change and Energy is empowered to act on behalf of the Minister for Industry and Science, ensuring continuity in the administration and enforcement of relevant laws. The instrument operates within the jurisdictional scope of the Commonwealth and is not intended to extend beyond the specified authorities or time frame.
Key Provisions
The key operative sections of the Acts Interpretation (Minister for Industry and Science) Authorisation 2023 (No. 1) involve the transfer of specific powers and functions from the Minister for Industry and Science to the Minister for Climate Change and Energy (sections 1 and 2). This authorisation allows the Minister for Climate Change and Energy to exercise certain powers and functions that are ordinarily within the purview of the Minister for Industry and Science. These powers and functions include those conferred by any Commonwealth law, and they are effective from the commencement date of 6 July 2023 until the cessation date of 14 July 2023.
The Act imposes specific obligations and requirements on the parties involved, primarily ensuring that the authorisation is exercised within the scope of the powers and functions outlined. The Minister for Climate Change and Energy must use the delegated powers strictly in accordance with the intent and scope of the original conferral of powers to the Minister for Industry and Science. This includes adhering to the legislative frameworks and any other legal obligations pertinent to the exercise of these powers. The authorisation does not expand the scope of the powers beyond what is outlined but rather provides a temporary shift in responsibility for the specified period.
In terms of breaches and potential penalties, the Act does not explicitly outline specific offences or penalties for non-compliance with the authorisation. However, any misuse or improper exercise of the transferred powers could potentially lead to legal consequences under other applicable laws, such as the Public Service Act 1999 or other relevant legislative provisions. The maximum penalties would depend on the nature of the breach and the applicable laws under which the breach is prosecuted. Given the temporary nature of the authorisation, the focus is more on ensuring that the transition of duties is smooth and within legal bounds, rather than prescribing specific punitive measures for breaches within this short-term authorisation.
Overall, the Acts Interpretation (Minister for Industry and Science) Authorisation 2023 (No. 1) provides a clear framework for the temporary transfer of specific powers and functions between two ministers, with a focus on ensuring that the exercise of these powers remains within the legal and administrative boundaries set by the originating legislation. The Act’s brevity and specificity highlight the importance of precise adherence to the terms of the authorisation to avoid any potential legal repercussions.