Acts Interpretation (Ministerial Acting Arrangements for the Education Portfolio) Authorisation (No. 17) 2025
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 Chris Bowen MP, Minister for Climate Change and Energy, 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This instrument commences on 23 December 2025 and is repealed at the end of 19 January
2026.
Dated 17/12/25
The Hon Jason Clare MP
Minister for Education
Overview
The Acts Interpretation (Ministerial Acting Arrangements for the Education Portfolio) Authorisation (No. 17) 2025 was enacted to facilitate the delegation of powers and functions from the Minister for Education to another minister, in this case, the Minister for Climate Change and Energy, thereby addressing the need for flexibility and continuity in ministerial responsibilities. This legislation was introduced to ensure that the educational portfolio continues to be effectively managed even in the absence of the primary minister, and it was enacted by the Hon Jason Clare MP, Minister for Education, in accordance with sections 19 and 34AAB of the Acts Interpretation Act 1901. The authorisation is set to commence on 23 December 2025 and will remain in effect until 19 January 2026, providing a temporary framework for the delegation of specified powers and functions to facilitate seamless governance during the specified period.
Scope and Application
The Acts Interpretation (Ministerial Acting Arrangements for the Education Portfolio) Authorisation (No. 17) 2025 outlines a specific delegation of authority within the Commonwealth government, allowing the Hon Chris Bowen MP, Minister for Climate Change and Energy, to exercise the powers and functions of the Hon Jason Clare MP, Minister for Education, on his behalf. This authorisation is granted under sections 19 and 34AAB of the Acts Interpretation Act 1901, encompassing all powers enabling this delegation. This authorisation is effective from 23 December 2025 and will be repealed on 19 January 2026, ensuring a temporary transfer of ministerial duties for the specified period. The instrument does not detail specific exclusions or exemptions from the authorisation, nor does it extend or restrict its application through subordinate instruments. The scope and application are limited to the ministerial delegation itself, without broader jurisdictional or geographic reach.
Key Provisions
The Acts Interpretation (Ministerial Acting Arrangements for the Education Portfolio) Authorisation (No. 17) 2025 (the "Instrument") outlines the authorisation for the Hon Chris Bowen MP, Minister for Climate Change and Energy, to act on behalf of the Hon Jason Clare MP, Minister for Education, exercising all powers and functions conferred to the latter by any law of the Commonwealth (section 1). This authorisation is pursuant to sections 19 and 34AAB of the Acts Interpretation Act 1901 (section 1), ensuring the continuity of governance within the Education Portfolio during a defined period. The Instrument comes into effect on 23 December 2025 and will be repealed at the end of 19 January 2026 (section 1), establishing a clear temporal framework for the arrangement.
Under this Instrument, the Hon Chris Bowen MP is empowered to perform all the duties, responsibilities, and functions assigned to the Hon Jason Clare MP, Minister for Education. This includes, but is not limited to, decision-making, policy implementation, and regulatory oversight related to education. The authority granted is broad, encompassing any legislative powers or functions the Minister for Education may exercise during the period of authorisation. The obligations of the Hon Chris Bowen MP, while acting on behalf of the Minister for Education, include maintaining the integrity and effectiveness of the Education Portfolio, ensuring that all decisions and actions align with existing laws and policies, and communicating any necessary information to relevant stakeholders within the specified timeframe.
Failure to adhere to the terms and conditions outlined in the Instrument may lead to various consequences. While specific offences and penalties are not detailed within the text, breaches of the authorisation could potentially result in legal challenges or administrative consequences under relevant laws. Given the sensitive nature of ministerial responsibilities, any misconduct or misuse of the granted authority could be subject to review and corrective action by appropriate governmental bodies. The Instrument's repeal on 19 January 2026 signifies the end of the authorised period, after which the Hon Jason Clare MP will resume full ministerial duties unless otherwise extended or altered by subsequent legislation.