Acts Interpretation (Ministerial Acting Arrangements for the Early Childhood Education Portfolio and Youth Portfolio) Authorisation (No. 18) 2025

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Early Childhood Education Portfolio and Youth Portfolio) Authorisation (No. 18) 2025 was enacted to address the need for authorised ministerial delegation in the portfolios of Early Childhood Education and Youth. This notifiable instrument was introduced by the Parliament of Australia, with the objective of ensuring the continuity of governance and the effective administration of the portfolios during periods of temporary absence of the respective ministers. The instrument empowers the Hon Chris Bowen MP, Minister for Climate Change and Energy, to exercise the powers and functions of the Hon Dr Jess Walsh, Minister for Early Childhood Education and Minister for Youth, for a specified period starting from 25 December 2025 until 17 January 2026. This delegation is intended to maintain the legislative and administrative processes of the mentioned portfolios without interruption.

Scope and Application

The Acts Interpretation (Ministerial Acting Arrangements for the Early Childhood Education Portfolio and Youth Portfolio) Authorisation (No. 18) 2025 applies to the powers and functions of the Minister for Early Childhood Education and Minister for Youth, currently held by Senator the Hon Dr Jess Walsh. Under the authorisation, these powers and functions can be exercised by the Hon Chris Bowen MP, Minister for Climate Change and Energy, on behalf of the original Minister. The authorisation allows for the delegation of specified ministerial responsibilities, enabling the Minister for Climate Change and Energy to act in the capacity of the Minister for Early Childhood Education and Minister for Youth during the specified period, from 25 December 2025 until the instrument is repealed on 17 January 2026. This delegation ensures continuity and effective governance within the relevant portfolios during the transition period. The instrument is limited in its scope and duration, reflecting the temporary nature of the ministerial delegation.

Key Provisions

The key operative sections of this notifiable instrument, F2026N00003, pertain to the delegation of powers from the Minister for Early Childhood Education and Youth, Dr Jess Walsh, to the Minister for Climate Change and Energy, Chris Bowen. Under sections 19 and 34AAB of the Acts Interpretation Act 1901, Dr Walsh authorises Mr Bowen to exercise all powers and functions on her behalf (section 1). This delegation includes powers and functions conferred on Dr Walsh by any Commonwealth law. This authorisation is set to commence on 25 December 2025 and will be repealed at the end of 17 January 2026 (section 1). The obligations imposed on the parties governed by this Act include the clear and precise delegation of authority from Dr Walsh to Mr Bowen. This entails Mr Bowen exercising the powers and functions with the same authority as if they were exercised by Dr Walsh. Both ministers must adhere to the terms and conditions of this authorisation, ensuring that all actions taken by Mr Bowen are within the scope of the delegation and in accordance with applicable laws and regulations (section 1). In terms of consequences for breach, the notifiable instrument does not explicitly state any specific offences, penalties, or civil/criminal consequences. However, any unauthorised exercise of powers or functions could potentially lead to legal challenges or administrative actions. It is implicit that any misuse of delegated authority would be subject to the general legal principles governing ministerial actions and the Acts Interpretation Act 1901. Given the nature of ministerial delegations, the repercussions of acting beyond the scope of this authorisation could be significant, potentially including legal sanctions or accountability measures as prescribed by relevant legislation and administrative law (section 1).