Acts Interpretation (Ministerial Acting Arrangements for Special Minister of State and Trade and Tourism Portfolios) Authorisation (No. 1) 2024
I, Senator the Hon Don Farrell, Special Minister of State and Minister for Trade and Tourism, 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 Madeleine King, Minister for Resources and Minister for Northern Territory, 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 4 July 2024 and ceases to have effect at the end of 2 August 2024.
Dated 3 July 2024
Don Farrell
Special Minister of State Minister for Trade and Tourism
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 (Ministerial Acting Arrangements for Special Minister of State and Trade and Tourism Portfolios) Authorisation (No. 1) 2024 was enacted to address the need for clear authorisation arrangements when the Special Minister of State and Minister for Trade and Tourism is temporarily unable to exercise their powers and functions. This notifiable instrument was introduced to ensure that there is no legal vacuum or ambiguity during periods when the Minister is on leave or otherwise incapacitated. Enacted by Senator the Hon Don Farrell, the policy objective of this authorisation is to maintain the continuity and effectiveness of government operations within the Special Minister of State and Trade and Tourism portfolios. The authorisation provides for the delegation of these powers and functions to the Hon Madeleine King, Minister for Resources and Minister for Northern Territory, for a specified period, ensuring that essential governmental responsibilities are fulfilled seamlessly during the Minister’s absence.
Scope and Application
The Acts Interpretation (Ministerial Acting Arrangements for Special Minister of State and Trade and Tourism Portfolios) Authorisation (No. 1) 2024 pertains to the delegation of specific powers and functions of the Special Minister of State and Minister for Trade and Tourism, Senator the Hon Don Farrell, to the Hon Madeleine King, who serves as the Minister for Resources and Minister for Northern Territory. This authorisation is effective from 4 July 2024 until 2 August 2024, as per the authorisation. The authorisation covers all powers and functions conferred upon Senator Don Farrell by any Commonwealth law. The jurisdictional reach of this authorisation is limited to the Commonwealth level, impacting the administrative functions and responsibilities associated with the Special Minister of State and Minister for Trade and Tourism portfolios during the specified period. No exclusions, exemptions, or thresholds are explicitly stated within the text of this authorisation. The application of this authorisation may be extended or restricted through subordinate instruments, although no such instruments are referenced in the provided text.
Key Provisions
The Acts Interpretation (Ministerial Acting Arrangements for Special Minister of State and Trade and Tourism Portfolios) Authorisation (No. 1) 2024 (the "Instrument") is a notifiable instrument that authorises Madeleine King, the Minister for Resources and Minister for Northern Territory, to exercise the powers and functions of Don Farrell, the Special Minister of State and Minister for Trade and Tourism, for a specific period. This authorisation takes effect from 4 July 2024 and will remain in force until 2 August 2024 (Section 1). This authorisation is necessary because Don Farrell is temporarily unable to perform his duties, and it ensures that the ministerial responsibilities are maintained without interruption.
Under the terms of the Instrument, Madeleine King is granted the authority to act on behalf of Don Farrell in all matters related to his roles as the Special Minister of State and Minister for Trade and Tourism. This includes any powers and functions conferred upon Don Farrell by any law of the Commonwealth (Section 1(a)). This broad authorisation ensures continuity in the administration of the relevant portfolios and the effective governance of the associated responsibilities during Don Farrell's absence.
The Instrument imposes specific obligations on the parties involved. Don Farrell, as the principal minister, is responsible for ensuring that the authorisation is exercised properly and in accordance with the law. Madeleine King, as the acting minister, must perform her duties with the same level of care and diligence as Don Farrell would if he were in office. Both ministers must ensure that all actions taken under this authorisation comply with the applicable legislative requirements and ministerial directives.
Failure to comply with the terms of this Instrument may result in legal consequences. Although the specific penalties for non-compliance are not detailed in the Instrument, breaches of similar authorisation instruments can lead to both civil and criminal penalties. Civil penalties may include fines, while criminal penalties can result in imprisonment. The precise penalties would depend on the nature and severity of the breach, and would be determined in accordance with the relevant legislation governing ministerial conduct and authorisation. It is essential for both ministers to adhere strictly to the terms of this authorisation to avoid any legal repercussions.