Acts Interpretation (Ministerial Acting Arrangements for the Education Portfolio) Authorisation (No. 10) 2024
I, the Hon Jason Clare MP, Minister for Education, 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 Tanya Plibersek MP, Minister for the Environment and Water, 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This instrument commences on 18 December 2024 and is repealed at the end of 31 December 2024.
Dated 28 November 2024
The Hon Jason Clare MP
Minister for Education
Overview
The Acts Interpretation (Ministerial Acting Arrangements for the Education Portfolio) Authorisation (No. 10) 2024 was enacted to facilitate the delegation of powers and functions between ministers within the Education Portfolio. This notifiable instrument was introduced to address the need for streamlined decision-making processes and administrative efficiency, particularly in the context of ministerial acting arrangements. Authorised by the Hon Jason Clare MP, the Minister for Education, and in accordance with the Acts Interpretation Act 1901, the instrument allows the Hon Tanya Plibersek MP, Minister for the Environment and Water, to exercise specified powers and functions on behalf of the Minister for Education. The authorisation is effective from 18 December 2024 and will be repealed at the end of 31 December 2024. This measure aims to ensure that critical functions within the Education Portfolio continue without disruption during periods of ministerial absence or transition.
Scope and Application
The Acts Interpretation (Ministerial Acting Arrangements for the Education Portfolio) Authorisation (No. 10) 2024 applies to the exercise of powers and functions of the Minister for Education, the Hon Jason Clare MP. The authorisation allows the Hon Tanya Plibersek MP, Minister for the Environment and Water, to exercise these powers and functions on behalf of the Minister for Education during the specified period. This authorisation is limited to the execution of ministerial duties within the Education Portfolio, including any legislative powers conferred upon the Minister for Education by Commonwealth law. The authorisation has a geographic reach that corresponds to the national jurisdiction of the Commonwealth of Australia. It is important to note that this authorisation is time-bound, commencing on 18 December 2024 and being repealed at the end of 31 December 2024, thereby limiting its application strictly within these dates. The authorisation does not extend to any powers or functions outside the scope of the Education Portfolio, nor does it include any exclusions or exemptions explicitly stated within the text of the instrument.
Key Provisions
The main operative sections of the Acts Interpretation (Ministerial Acting Arrangements for the Education Portfolio) Authorisation (No. 10) 2024 (the "Instrument") are found in the body of the text, where the Minister for Education, the Hon Jason Clare MP, authorises the Minister for the Environment and Water, the Hon Tanya Plibersek MP, to exercise all his powers and functions on his behalf. This authorisation is granted under sections 19 and 34AAB of the Acts Interpretation Act 1901 (section 1). This authorisation is set to commence on 18 December 2024 and will be repealed at the end of 31 December 2024 (section 1).
The obligations imposed by this Instrument are primarily on the Minister for Education, who is delegating his powers and functions to another Minister. The Minister for Education must ensure that this authorisation is exercised within the scope and timeframe specified, adhering to the legislative constraints outlined in the Acts Interpretation Act 1901. The Minister for the Environment and Water, who is receiving the delegation, must exercise the powers and functions with the same diligence and within the same legal framework as if they were being exercised by the Minister for Education.
Failure to comply with the terms of this Instrument could lead to potential legal repercussions. While specific offences and penalties are not detailed within the text of this Instrument, breaches of the Acts Interpretation Act 1901 or any other law by the Minister for the Environment and Water while acting on behalf of the Minister for Education could result in administrative, civil, or criminal penalties as prescribed by the relevant laws. The maximum penalties for breaches would depend on the nature of the offence and the provisions of the applicable law at the time. It is crucial for both Ministers to act within their legal authority and to the standards expected by their respective portfolios.