Acts Interpretation (Ministerial Acting Arrangements for the Communications Portfolio) Authorisation (No. 1) 2022
I, The Hon Michelle Rowland MP, Minister for Communications, 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 Mark Dreyfus, Attorney General, 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 2 January 2023 and ceases to have effect at the end of
15 January 2023
Dated 9 December 2022
The Hon Michelle Rowland
Minister for Communications
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 the Communications Portfolio) Authorisation (No. 1) 2022, enacted under the authority of the Hon Michelle Rowland MP, Minister for Communications, authorises the Hon Mark Dreyfus, Attorney General, to exercise specific powers and functions on behalf of the Minister for Communications. This authorisation is made under sections 19 and 34AAB of the Acts Interpretation Act 1901, and it is designed to facilitate the efficient administration of the Communications Portfolio during the specified period. The instrument aims to ensure continuity and effectiveness in the exercise of ministerial powers and functions, particularly in the context of the Communications Portfolio, by enabling the Attorney General to act in the Minister's stead during a defined timeframe. This legislative measure was introduced to address the need for a seamless transition and delegation of responsibilities within the ministerial framework, thereby maintaining the operational integrity of the relevant government functions.
Scope and Application
The Acts Interpretation (Ministerial Acting Arrangements for the Communications Portfolio) Authorisation (No. 1) 2022 applies to the powers and functions of the Minister for Communications, The Hon Michelle Rowland MP, within the Communications portfolio of the Australian Government. This authorisation empowers the Attorney General, The Hon Mark Dreyfus, to exercise these powers and functions on behalf of the Minister from 2 January 2023 until 15 January 2023. This authorisation is made under the authority of sections 19 and 34AAB of the Acts Interpretation Act 1901, and it encompasses all powers and functions conferred on the Minister by any law of the Commonwealth. The scope of this authorisation is limited to the specified period and does not extend beyond the functions and powers of the Minister, unless otherwise provided by subordinate instruments. The instrument does not specify any exclusions or exemptions, and its jurisdictional reach is confined to the Commonwealth of Australia.
Key Provisions
The main operative sections of the Acts Interpretation (Ministerial Acting Arrangements for the Communications Portfolio) Authorisation (No. 1) 2022 (the "Instrument") are those that delegate the powers and functions of the Minister for Communications, the Hon Michelle Rowland MP, to another specified individual, in this case, the Hon Mark Dreyfus, Attorney General. Section 1 of the Instrument provides the authorisation for this delegation, detailing that the Hon Mark Dreyfus is to exercise these powers and functions on behalf of the Minister for Communications from 2 January 2023 until 15 January 2023. The authorisation includes all powers and functions conferred on the Minister by any law of the Commonwealth, ensuring that the delegate has the full scope of authority typically held by the Minister.
The Instrument imposes specific obligations on the parties involved. The Minister for Communications, the Hon Michelle Rowland MP, must ensure that the delegation is executed in accordance with the provisions of the Acts Interpretation Act 1901. The Attorney General, the Hon Mark Dreyfus, is obliged to act within the bounds of the powers delegated and must exercise these powers diligently and in the best interest of the Commonwealth. Both parties must adhere to the timeframes specified in the Instrument, ensuring that the delegation is effective from 2 January 2023 and ceases on 15 January 2023.
There are no explicit offences, penalties, or civil/criminal consequences detailed in the Instrument itself for breach of its provisions. However, any breach of the authority granted by this Instrument could potentially lead to legal consequences under the relevant laws of the Commonwealth, particularly if such a breach results in unlawful actions or decisions. The Attorney General, acting under this delegation, would be subject to the same legal standards and potential consequences as if they were the Minister for Communications, including any applicable penalties under the Acts Interpretation Act 1901 or other relevant legislation.