Acts Interpretation (Ministerial Acting Arrangements for the Environment and Water Portfolio) Authorisation (No. 1) 2025
I, Senator the Hon Murray Watt, 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 Tim Ayres, Minister for Industry and Innovation, Minister for Science, 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 from Saturday 21 June 2025 to Sunday 29 June 2025.
Dated 5/6/2025
SENATOR THE HON MURRAY WATT
Minister for the Environment and Water
Note: The name of this instrument was amended on registration as the instrument 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) 2025 was enacted to address the need for ministerial authorisations that allow for the delegation of powers and functions between ministers within the Australian Government. This notifiable instrument was introduced to ensure a smooth transition of responsibilities between the Minister for the Environment and Water, Senator the Hon Murray Watt, and the Minister for Industry and Innovation, Minister for Science, Senator the Hon Tim Ayres. Authorised under sections 19 and 34AAB of the Acts Interpretation Act 1901, this authorisation facilitates the exercise of ministerial powers and functions by Senator Tim Ayres on behalf of Senator Murray Watt during a specified period from Saturday, 21 June 2025, to Sunday, 29 June 2025. The policy objective is to maintain the continuity of governance and ensure that critical environmental and water portfolio responsibilities are effectively managed during the transition period.
Scope and Application
The Acts Interpretation (Ministerial Acting Arrangements for the Environment and Water Portfolio) Authorisation (No. 1) 2025 applies to Senator the Hon Tim Ayres, who is authorised to exercise all powers and functions of Senator the Hon Murray Watt, the Minister for the Environment and Water, during a specified period from 21 June 2025 to 29 June 2025. This authorisation is made under the authority of the Acts Interpretation Act 1901, allowing the delegation of powers and functions in accordance with sections 19 and 34AAB. The authorisation encompasses any law of the Commonwealth that confers powers or functions on the Minister for the Environment and Water, ensuring continuity of governance and ministerial responsibilities in the interim period. This authorisation is limited to the specified dates and does not extend beyond the stated timeframe, providing a clear and temporary delegation of authority.
Key Provisions
The main operative sections of this legislation, the Acts Interpretation (Ministerial Acting Arrangements for the Environment and Water Portfolio) Authorisation (No. 1) 2025, are detailed in the body of the text, where the authorisation is granted (section 1). Specifically, this instrument empowers Senator the Hon Tim Ayres to exercise the powers and functions of Senator the Hon Murray Watt, the Minister for the Environment and Water, from Saturday 21 June 2025 to Sunday 29 June 2025. This authorisation includes any powers and functions conferred by any law of the Commonwealth, as stated in section 1.
The obligations imposed by this Act are primarily administrative and pertain to the delegation of authority from Senator Murray Watt to Senator Tim Ayres. Senator Murray Watt, in exercising his authority under sections 19 and 34AAB of the Acts Interpretation Act 1901, and other enabling powers, delegates all his powers and functions to Senator Tim Ayres for a specified period. This delegation ensures continuity in the governance and administration of the Environment and Water Portfolio during the absence or unavailability of Senator Murray Watt. The obligation to act within the scope of the delegated powers and functions lies with Senator Tim Ayres during this period.
Any breaches of the terms of this authorisation could potentially result in legal consequences, though specific offences, penalties, or civil/criminal consequences are not detailed in the text. However, it is important to note that the unauthorised exercise of powers could lead to challenges under administrative law principles, including potential judicial review. The penalties for such breaches would depend on the specific nature of the unauthorised actions and would likely be determined by the relevant courts or tribunals. The maximum penalties are not specified in the notifiable instrument itself but would be guided by the broader legal framework within which the delegated powers operate.