Acts Interpretation (Minister for Resources and Minister for Northern Australia) Authorisation 2022
I, the Hon Madeleine King MP, Minister for Resources and Minister for Northern Australia, 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 Catherine King MP, Minister for Infrastructure, Transport, Regional Development and Local Government, 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 18 January 2023 and ceases to have effect at the end of 1 February 2023.
Madeleine King
Minister for Resources
Minister for Northern Australia
Note: The name of this instrument was amended on registration as the instrument as lodged did not have a unique name (see subsection 10(2), Legislation Rule 2016).
Overview
The Acts Interpretation (Minister for Resources and Minister for Northern Australia) Authorisation 2022I, enacted in 2022, serves to streamline administrative functions by authorising the delegation of specific powers and functions from the Hon Madeleine King MP, Minister for Resources and Minister for Northern Australia, to the Hon Catherine King MP, Minister for Infrastructure, Transport, Regional Development and Local Government. This authorisation was necessary to ensure the continuity of governance and to facilitate the efficient execution of legislative duties within the stipulated timeframe. The instrument was authorised under sections 19 and 34AAB of the Acts Interpretation Act 1901 and came into effect on 18 January 2023, expiring on 1 February 2023. The policy objective behind this authorisation is to support the effective administration of government responsibilities by enabling the appropriate delegation of ministerial powers in a manner that maintains the integrity and efficacy of legislative processes.
Scope and Application
The Notifiable Instrument F2023N00085 pertains to the delegation of specific powers and functions to the Hon Catherine King MP, Minister for Infrastructure, Transport, Regional Development and Local Government, by the Hon Madeleine King MP, Minister for Resources and Minister for Northern Australia. Authorised under sections 19 and 34AAB of the Acts Interpretation Act 1901, this instrument allows the Minister for Infrastructure, Transport, Regional Development and Local Government to exercise the powers and functions of the Minister for Resources and Minister for Northern Australia for a limited period from 18 January 2023 until the end of 1 February 2023. The authorisation encompasses all powers and functions conferred by any Commonwealth law, facilitating seamless governance and administrative continuity within the specified timeframe. The instrument is a formal recognition of the interconnectedness of various ministerial roles and responsibilities in the Australian government framework.
Key Provisions
The primary operative sections of the Acts Interpretation (Minister for Resources and Minister for Northern Australia) Authorisation 2022I (the Authorisation) involve the delegation of powers and functions from Madeleine King MP, the Minister for Resources and Minister for Northern Australia, to Catherine King MP, the Minister for Infrastructure, Transport, Regional Development and Local Government. Section 1 of the Authorisation outlines the delegation of powers, including those conferred by any Commonwealth law, to be exercised by Catherine King MP on behalf of Madeleine King MP. This delegation of authority is intended to facilitate efficient governance and administration of the relevant portfolios during a specific period.
The Authorisation imposes obligations on the parties involved, primarily ensuring that the delegated powers are exercised within the legal framework and for the intended purposes. Madeleine King MP, as the delegator, must ensure that the delegation is within her authority and scope, while Catherine King MP, as the delegate, is required to exercise the powers in good faith and in accordance with the law. The delegation is not intended to alter the legal responsibilities or duties of the Ministers but rather to streamline the administrative process during the specified timeframe.
The Authorisation does not explicitly detail offences, penalties, or consequences for breaches. However, any misuse or unauthorised exercise of the delegated powers could potentially lead to legal repercussions under the general provisions of the Acts Interpretation Act 1901 and other applicable laws. It is essential for both Ministers to adhere strictly to the terms of the delegation and the broader legal context in which they operate.
The instrument commences on 18 January 2023 and ceases to have effect at the end of 1 February 2023, as stated in Section 2. This temporary nature of the Authorisation underscores the need for precise and lawful exercise of the delegated powers within the specified period. Any actions taken beyond this timeframe would require a new delegation or a reversion of powers back to the original Minister.