Acts Interpretation (Ministerial Acting Arrangements for the Early Childhood Education Portfolio and Youth Portfolio) Authorisation (No. 7) 2023

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Early Childhood Education Portfolio and Youth Portfolio) Authorisation (No. 7) 2023 was enacted to address the need for seamless administrative continuity in the portfolios of Early Childhood Education and Youth. This notifiable instrument was introduced to facilitate the delegation of powers and functions from the Hon Dr Anne Aly MP, the Minister for Early Childhood Education and Minister for Youth, to the Hon Michelle Rowland MP, the Minister for Communications. The authorisation was enacted under sections 19 and 34AAB of the Acts Interpretation Act 1901 and was designed to ensure that the critical functions and responsibilities within these portfolios are effectively managed in the absence of the principal minister. This arrangement aims to maintain the operational integrity and legislative compliance of the portfolios during the specified period from 26 December 2023 to 8 January 2024. The authorisation was issued by the Hon Dr Anne Aly MP, who holds the relevant ministerial positions, and it outlines the clear delegation of authority to the Hon Michelle Rowland MP, underscoring the collaborative approach in managing government responsibilities.

Scope and Application

The Acts Interpretation (Ministerial Acting Arrangements for the Early Childhood Education Portfolio and Youth Portfolio) Authorisation (No. 7) 2023 pertains to the delegation of powers and functions from the Hon Dr Anne Aly MP, the Minister for Early Childhood Education and Minister for Youth, to the Hon Michelle Rowland MP, the Minister for Communications. This authorisation is in accordance with sections 19 and 34AAB of the Acts Interpretation Act 1901, and encompasses all powers and functions conferred upon the Minister for Early Childhood Education and Minister for Youth by any law of the Commonwealth. The authorisation is limited to the period from 26 December 2023 until 8 January 2024, after which it is repealed. This legislative instrument does not specify any exclusions, exemptions, or thresholds within its scope, and it does not extend or restrict application through subordinate instruments. The geographic and jurisdictional reach of this authorisation is confined to the Commonwealth, reflecting its specific application within the federal legislative framework.

Key Provisions

The primary operative sections of the Notifiable Instrument F2023N00617 pertain to the delegation of powers and functions from the Hon Dr Anne Aly MP, the Minister for Early Childhood Education and Minister for Youth, to the Hon Michelle Rowland MP, the Minister for Communications. Section 1 of the instrument states that the delegation of powers is pursuant to sections 19 and 34AAB of the Acts Interpretation Act 1901, enabling the Minister for Communications to exercise all powers and functions of the Minister for Early Childhood Education and Minister for Youth on her behalf. This authorisation encompasses all powers and functions conferred by any Commonwealth law. The instrument is effective from 26 December 2023 and is repealed on 8 January 2024, ensuring a temporary delegation period. Under the authorisation, the Minister for Communications is mandated to perform all duties and responsibilities that the Minister for Early Childhood Education and Minister for Youth would normally undertake. This includes, but is not limited to, decision-making, policy formulation, and the exercise of statutory powers related to early childhood education and youth portfolios. The instrument specifies that the delegation is to be exercised in accordance with any relevant laws and regulations that govern the portfolios of early childhood education and youth. It is crucial that the Minister for Communications adheres to the legislative framework and maintains the integrity and continuity of the services and programs within these portfolios. The Act imposes several obligations and requirements on the parties involved. The Minister for Early Childhood Education and Minister for Youth must ensure that all delegated powers are exercised in compliance with applicable laws and policies. The Minister for Communications, in turn, has the obligation to act with due diligence, ensuring that all actions taken are in the best interest of the early childhood education and youth sectors. Both ministers must maintain transparency and accountability in their respective roles, ensuring that the delegation does not lead to any gaps in governance or service delivery. Furthermore, both ministers must document all delegated activities and decisions, providing a clear record of the delegation period. The Notifiable Instrument does not explicitly detail specific offences, penalties, or consequences for breaches within its text. However, any breaches of the obligations and requirements under the delegation of powers could potentially lead to administrative, civil, or criminal consequences depending on the nature and severity of the breach. The Hon Michelle Rowland MP, as the acting Minister, must ensure that all actions taken are lawful and within the scope of the delegation. Failure to comply with the legislative framework governing the portfolios could result in legal actions, penalties, or disciplinary measures. The exact consequences would be determined by the relevant laws and regulations pertaining to the early childhood education and youth sectors.