Acts Interpretation (Ministerial Acting Arrangements for the Environment and Water Portfolio) Authorisation (No. 1) 2023
I, the Hon Tanya Plibersek MP, Minister for the Environment and Water, 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 Senator the Hon Murray Watt, Minister for Agriculture, Fisheries and Forestry, 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 Monday, 25 December 2023 and ceases to have effect at the end of Tuesday, 9 January 2024.
Dated 21 December 2023
THE HON TANYA PLIBERSEK MP
Minister for the Environment and Water
Note: The name of this document was amended on registration as the document as lodged did not have a unique name (see subsection 10(2), Legislation Rule 2016).
Overview
The Acts Interpretation (Ministerial Acting Arrangements for the Environment and Water Portfolio) Authorisation (No. 1) 2023 was enacted to address the need for seamless ministerial transitions within the Environment and Water Portfolio. This notifiable instrument was introduced to ensure that the functions and powers of the Hon Tanya Plibersek MP, Minister for the Environment and Water, can be effectively exercised by another designated minister during her absence or incapacity. Authorised by sections 19 and 34AAB of the Acts Interpretation Act 1901, this authorisation was issued by the Hon Tanya Plibersek MP and grants Senator the Hon Murray Watt, Minister for Agriculture, Fisheries and Forestry, the authority to act on her behalf from 25 December 2023 to 9 January 2024. This measure is intended to maintain continuity and governance within the Environment and Water Portfolio, ensuring that critical environmental and water management functions are not disrupted during ministerial transitions.
Scope and Application
The Acts Interpretation (Ministerial Acting Arrangements for the Environment and Water Portfolio) Authorisation (No. 1) 2023 applies to the Hon Tanya Plibersek MP, Minister for the Environment and Water, and the Hon Murray Watt, Minister for Agriculture, Fisheries and Forestry. This notifiable instrument authorises Senator the Hon Murray Watt to exercise all powers and functions of the Minister for the Environment and Water on her behalf for the specified period from 25 December 2023 to 9 January 2024. This authorisation is made under sections 19 and 34AAB of the Acts Interpretation Act 1901, and it includes any powers and functions conferred by any law of the Commonwealth. The jurisdictional reach of this authorisation is within the Commonwealth of Australia, specifically affecting the ministerial functions related to the Environment and Water portfolio. There are no stated exclusions or exemptions within the terms of this authorisation, which is a temporary arrangement for the specified period. The authorisation does not extend its application through subordinate instruments, as it is a direct delegation of specified powers for the interim period.
Key Provisions
The primary sections of the "Acts Interpretation (Ministerial Acting Arrangements for the Environment and Water Portfolio) Authorisation (No. 1) 2023" (section 1) allow the Minister for the Environment and Water, Tanya Plibersek, to delegate all her powers and functions to another Minister, in this case, Murray Watt, the Minister for Agriculture, Fisheries and Forestry. This authorisation is given under sections 19 and 34AAB of the Acts Interpretation Act 1901 and is effective from 25 December 2023 until 9 January 2024. This delegation is intended to facilitate the smooth operation of governmental functions within the specified timeframe, ensuring that environmental and water-related matters are managed without interruption.
Under this authorisation, Senator Murray Watt is required to exercise all powers and functions of the Minister for the Environment and Water, Tanya Plibersek, as if he were the Minister himself. This includes any powers and functions conferred upon her by any Commonwealth law. The authorisation aims to provide continuity and stability in the administration of environmental and water policies during the specified period, ensuring that legislative duties are fulfilled effectively.
Failure to adhere to the provisions of this authorisation could result in legal consequences. However, given the specific and temporary nature of this instrument, no explicit offences, penalties, or consequences are mentioned within the text. The primary focus is on ensuring that the delegation of powers is legally sound and effective during the period of 25 December 2023 to 9 January 2024. The instrument is designed to avoid any potential legal gaps or administrative issues during this transition period, ensuring that all legislative duties are met without interruption.
The legislative instrument is meticulously dated and signed by Tanya Plibersek, providing clear evidence of its authority and validity. The note regarding the amendment of the document's name on registration underscores the importance of compliance with legislative formalities, ensuring that all legal instruments are properly identified and registered. This attention to detail reflects the importance of the delegation process and its impact on the governance and administration of environmental and water-related policies within the Commonwealth.