Acts Interpretation (Ministerial Acting Arrangements for Senator the Hon Murray Watt, Minister for Agriculture, Fisheries and Forestry and Minister for Emergency Management). Authorisation (No. 2) 2024

Overview

The Acts Interpretation (Ministerial Acting Arrangements for Senator the Hon Murray Watt, Minister for Agriculture, Fisheries and Forestry and Minister for Emergency Management). Authorisation (No. 2) 2024 was enacted to address the need for an authorised acting arrangement for Senator the Hon Murray Watt in his roles as Minister for Agriculture, Fisheries and Forestry and Minister for Emergency Management. This notifiable instrument was introduced to ensure continuity of ministerial responsibilities in the event of the Minister’s absence or incapacity, thereby maintaining the effective administration of government functions. The enactment is authorised by the Parliament under sections 19 and 34AAB of the Acts Interpretation Act 1901. The policy objective is to provide a clear framework for the delegation of powers, ensuring that critical governmental operations proceed smoothly in the absence of the primary officeholder. This authorisation allows the Hon Catherine King MP, Minister for Infrastructure, Transport, Regional Development and Local Government, to act on behalf of Senator Watt, thereby upholding the integrity and efficiency of the ministerial duties during the specified period.

Scope and Application

The Acts Interpretation (Ministerial Acting Arrangements for Senator the Hon Murray Watt, Minister for Agriculture, Fisheries and Forestry and Minister for Emergency Management). Authorisation (No. 2) 2024 pertains to the delegation of specific powers and functions held by Senator the Hon Murray Watt to another minister, in this case the Hon Catherine King MP. This act is specific to the Commonwealth jurisdiction and applies to the roles and responsibilities of ministers within the Australian government. It ensures that in the absence of Senator the Hon Murray Watt, the Hon Catherine King MP can exercise the same powers and functions as if the former were present, including those conferred upon him by any Commonwealth law. This instrument is in effect from 5pm (AEDT) on Friday 29 March 2024 until the end of Friday 12 April 2024, after which it will be repealed. The authorisation is limited to the specified period and does not extend beyond the outlined dates.

Key Provisions

The principal sections of the Acts Interpretation (Ministerial Acting Arrangements for Senator the Hon Murray Watt, Minister for Agriculture, Fisheries and Forestry and Minister for Emergency Management) Authorisation (No. 2) 2024 (the Instrument) are sections 1 and 2. Section 1 (1) authorises Senator the Hon Murray Watt, as the Minister for Agriculture, Fisheries and Forestry and Minister for Emergency Management, to delegate all of his powers and functions to the Hon Catherine King MP, Minister for Infrastructure, Transport, Regional Development and Local Government. This delegation includes any powers and functions conferred on him by any law of the Commonwealth. Section 2 (1) specifies the commencement date of the Instrument, which is 5pm (AEDT) on Friday, 29 March 2024, and the date it is repealed, which is at the end of Friday, 12 April 2024. The Instrument imposes obligations on the parties involved, primarily ensuring that the delegation of powers and functions occurs smoothly and within the prescribed timeframe. Senator the Hon Murray Watt is required to act in accordance with sections 19 and 34AAB of the Acts Interpretation Act 1901, and any other powers enabling such delegation. The Hon Catherine King MP must exercise the delegated powers and functions diligently and in compliance with the terms of the delegation. Both parties must ensure that the delegation does not extend beyond the specified period, and all actions taken under the delegation must be within the scope of the powers conferred by law. The Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of the delegation provisions. However, any misuse of delegated powers, if it contravenes any other legislative provisions or results in unlawful actions, could potentially lead to consequences under the relevant laws. For instance, if the delegated powers are used to undertake actions that breach other Acts, the penalties for those breaches would apply. It is important to note that the primary focus of this Instrument is on the delegation process itself rather than creating new offences or penalties.