Acts Interpretation (Ministerial Acting Arrangement for the Industry and Science Portfolio) Authorisation (No. 2) 2024

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Industry and Science Portfolio) Authorisation (No. 2) 2024 was enacted to facilitate the delegation of powers and functions between Ministers within the Industry and Science Portfolio. Authorised by the Hon Ed Husic MP, the Minister for Industry and Science, this instrument allows the Hon Tanya Plibersek MP, the Minister for the Environment and Water, to exercise certain powers and functions on behalf of the Minister for Industry and Science. This arrangement is in accordance with sections 19 and 34AAB of the Acts Interpretation Act 1901, ensuring that the delegation is lawful and appropriately authorised. The policy objective behind this authorisation is to streamline ministerial responsibilities and facilitate efficient governance within the specified portfolio, effective from 21 December 2024 until its repeal on 7 January 2025.

Scope and Application

The Acts Interpretation (Ministerial Acting Arrangements for the Industry and Science Portfolio) Authorisation (No. 2) 2024 facilitates a temporary delegation of powers and functions from the Minister for Industry and Science to the Minister for the Environment and Water. Specifically, the Hon Ed Husic MP, Minister for Industry and Science, authorises the Hon Tanya Plibersek MP, Minister for the Environment and Water, to exercise all his powers and functions under this arrangement, including those conferred by any Commonwealth law. This authorisation is in effect from Saturday, 21 December 2024, and is repealed at the end of Tuesday, 7 January 2025. The delegation aims to ensure continuity in the administration and enforcement of relevant laws within the Industry and Science Portfolio during the specified period, thereby maintaining the integrity and effectiveness of the legislative framework.

Key Provisions

The principal sections of the Acts Interpretation (Ministerial Acting Arrangements for the Industry and Science Portfolio) Authorisation (No. 2) 2024 (the "Instrument") concern the delegation of powers and functions. Specifically, section 1 of the Instrument provides for the delegation of all powers and functions of the Minister for Industry and Science, the Hon Ed Husic MP, to the Hon Tanya Plibersek MP, the Minister for the Environment and Water. This delegation is intended to facilitate the efficient management of the Industry and Science Portfolio during a specified period (sections 1 and 2). The Instrument commences on 21 December 2024 and will be repealed on 7 January 2025 (section 2). The obligations imposed by the Instrument are primarily administrative and procedural. The Hon Ed Husic MP, as the Minister for Industry and Science, is required to formally delegate his powers and functions to the Hon Tanya Plibersek MP for the duration specified in the Instrument. Additionally, the Hon Tanya Plibersek MP must accept and exercise these powers and functions in accordance with the terms of the delegation. Both ministers must ensure that this delegation does not conflict with any other legal obligations or authorities they may hold (section 1). Breaches of the conditions set out in the Instrument could lead to various consequences. Although the Instrument itself does not explicitly outline specific offences or penalties for non-compliance, any failure to adhere to the terms of the delegation could result in legal challenges or administrative actions. If the delegation is not executed correctly or if it conflicts with other legislative requirements, it could potentially lead to invalid actions being taken under the delegated powers. The Hon Ed Husic MP and the Hon Tanya Plibersek MP would bear the responsibility for ensuring that the delegation is lawful and properly executed within the confines of their respective roles. Any resulting legal consequences would depend on the specific circumstances of the breach and the broader legal context in which it occurs.