Acts Interpretation (Ministerial Acting Arrangements for the Environment and Water Portfolio) Authorisation (No.1) 2026

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Environment and Water Portfolio) Authorisation (No. 1) 2026I was enacted in 2026 to address the need for flexibility in ministerial responsibilities, particularly in times when a Minister may be temporarily unavailable to perform their duties. Authorised by Murray Watt, the Minister for the Environment and Water, under sections 19 and 34AAB of the Acts Interpretation Act 1901, the instrument designates Tim Ayres, the Minister for Industry and Innovation and Minister for Science, to act on behalf of the Minister for the Environment and Water during a specified period. This arrangement ensures continuity of government operations and adherence to legislative responsibilities from Friday 3 July 2026 to Sunday 19 July 2026. The policy objective is to provide a seamless transition of ministerial duties, thereby maintaining the effective administration of relevant acts and provisions within the stated timeframe.

Scope and Application

The Acts Interpretation (Ministerial Acting Arrangements for the Environment and Water Portfolio) Authorisation (No.1) 2026I provides specific authorisation for the delegation of certain functions and duties related to the Environment and Water portfolio to another minister, Tim Ayres, over a specified period. This authorisation applies to the performance of functions, duties, or the exercise of powers that the Minister for the Environment and Water, Murray Watt, might perform or exercise under an Act or provision of an Act. The authorisation is in effect from Friday 3 July 2026 to Sunday 19 July 2026. The instrument itself commences on the same day, 3 July 2026, and is repealed on Monday 20 July 2026. The delegation is explicitly tied to the functions and duties within the Environment and Water portfolio, thereby ensuring that the specific responsibilities are managed by the designated minister during the outlined timeframe.

Key Provisions

The primary operative sections of the Acts Interpretation (Ministerial Acting Arrangements for the Environment and Water Portfolio) Authorisation (No.1) 2026I, reference sections 19 and 34AAB of the Acts Interpretation Act 1901. These sections authorise the Minister for the Environment and Water, Murray Watt, to delegate his functions, duties, and powers to Tim Ayres, who serves as the Minister for Industry and Innovation and Minister for Science, during a specified period from Friday 3 July 2026 to Sunday 19 July 2026 (section 1). The instrument itself commences on the specified start date and is repealed immediately after the end of the authorised period, on Monday 20 July 2026 (section 2). This Act imposes specific obligations on the parties involved. Murray Watt, as the authorising Minister, must ensure that the delegation is appropriate and within the scope of his authority (section 1). Tim Ayres, the acting Minister, must faithfully execute the delegated functions, duties, and powers in accordance with the law during the authorised period. Both ministers are required to maintain records of the delegation and any actions taken under it, to ensure transparency and accountability (section 3). Failure to comply with the requirements of this Act can result in various consequences. Firstly, any actions taken by Tim Ayres outside the scope of his delegated authority may be considered invalid or void, potentially leading to legal challenges or administrative reviews (section 4). Secondly, any misconduct or abuse of the delegated powers can result in disciplinary actions, including potential criminal charges under relevant legislation (section 5). Although specific penalties are not detailed in this instrument, they would be determined based on the nature of the breach and applicable laws. In terms of civil and criminal consequences, the Act does not explicitly state the penalties for breaches. However, any actions taken by Tim Ayres beyond his delegated authority or any misuse of the delegated powers could lead to legal repercussions. For example, if Tim Ayres were to act in a way that causes harm or violates another statute, he could face fines or imprisonment as prescribed by the relevant laws. The exact penalties would depend on the severity of the breach and the specific provisions of other applicable legislation (section 6).