Acts Interpretation (Ministerial Acting Arrangements for the Education Portfolio) Authorisation (No. 6) 2023
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 Michelle Rowland MP, Minister for Communications, 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This instrument commences on 25 December 2023 and is repealed at the end of 12 January 2024.
Dated 7 December 2023
The Hon Jason Clare MP
Minister for Education
Overview
The Acts Interpretation (Ministerial Acting Arrangements for the Education Portfolio) Authorisation (No. 6) 2023, enacted on 7 December 2023, establishes an arrangement for the delegation of powers and functions between the Minister for Education and the Minister for Communications. This instrument was introduced to address the administrative need for flexibility in ministerial duties and responsibilities, particularly during periods of absence or unavailability. Authorised by the Hon Jason Clare MP, Minister for Education, this legislation allows the Hon Michelle Rowland MP, Minister for Communications, to exercise all powers and functions of the Minister for Education on his behalf. This arrangement is enabled by sections 19 and 34AAB of the Acts Interpretation Act 1901, and it is intended to ensure continuity in the administration of education-related matters. The instrument is effective from 25 December 2023 and is set to be repealed at the end of 12 January 2024.
Scope and Application
The Acts Interpretation (Ministerial Acting Arrangements for the Education Portfolio) Authorisation (No. 6) 2023 provides for the delegation of certain powers and functions of the Minister for Education to another Minister, the Minister for Communications, within specific parameters and a defined timeframe. This notifiable instrument applies to the Minister for Education and the Minister for Communications, and it allows for the exercise of powers and functions that are conferred on the Minister for Education by any law of the Commonwealth. The scope of the delegation is geographically limited to the Commonwealth jurisdiction, and it is in effect from 25 December 2023 until its repeal on 12 January 2024. The instrument does not specify any exclusions, exemptions, or thresholds, nor does it extend or restrict application through subordinate instruments, focusing solely on the specified delegation of authority within the given timeframe.
Key Provisions
The primary operative sections of this notifiable instrument (F2023N00603) are sections 19 and 34AAB of the Acts Interpretation Act 1901, which empower the Minister for Education to delegate their powers and functions to another Minister, in this case, the Minister for Communications. Section 1 of the instrument itself states that the Hon Jason Clare MP, the Minister for Education, authorises the Hon Michelle Rowland MP, the Minister for Communications, to exercise all the powers and functions of the Minister for Education on their behalf. This delegation is effective from 25 December 2023 until it is repealed on 12 January 2024.
The Act imposes specific obligations on the parties involved, primarily the Minister for Education and the Minister for Communications. The Minister for Education must formally delegate their powers and functions to the Minister for Communications as stated in the instrument. This delegation requires clear authorisation and specification of the powers and functions to be exercised. The Minister for Communications, in turn, has the obligation to exercise these powers and functions diligently and within the scope of the delegation granted by the Minister for Education.
Breaches of the provisions within this instrument could result in significant consequences. While the instrument itself does not explicitly detail offences or penalties, the underlying Acts Interpretation Act 1901 and related legislation may impose penalties for improper exercise of delegated powers. Such breaches could potentially lead to civil or criminal liability, depending on the nature and impact of the unauthorised actions. The specific penalties would be determined by the relevant laws governing the exercise of powers and functions within the Education Portfolio, which could include fines or other legal sanctions as deemed appropriate by the courts.
The instrument's temporary nature, from 25 December 2023 until its repeal on 12 January 2024, adds a layer of urgency and specificity to the obligations and potential consequences of any breaches. Any actions taken outside the scope of the delegation or after the instrument's repeal could be considered unlawful, leading to enforcement actions against the offending party. The clear commencement and expiration dates of the instrument underscore the importance of adhering strictly to the authorised delegation period.