Acts Interpretation (Ministerial Acting Arrangements for the Foreign Affairs and Trade, and Defence Portfolios) Authorisation (No. 1) 2022

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Foreign Affairs and Trade, and Defence Portfolios) Authorisation (No. 1) 2022 was enacted to address the need for ministerial acting arrangements within the Foreign Affairs and Trade, and Defence portfolios. This notifiable instrument was introduced to ensure that the smooth functioning and continuity of government services and ministerial responsibilities are maintained in the absence of the primary minister. Authorised by Patrick Conroy, Minister for International Development and the Pacific and Minister for Defence Industry, the instrument empowers the Hon Matthew Keogh MP, Minister for Defence Personnel and Minister for Veterans' Affairs, to exercise all powers and functions on behalf of the primary minister during the specified period from 11 January 2023 to 25 January 2023. The policy objective, as articulated, is to facilitate seamless governance and operational continuity within the relevant portfolios, ensuring that critical ministerial duties are effectively managed in the interim.

Scope and Application

The Acts Interpretation (Ministerial Acting Arrangements for the Foreign Affairs and Trade, and Defence Portfolios) Authorisation (No. 1) 2022, issued under the authority of the Acts Interpretation Act 1901, pertains to the delegation of specific powers and functions between Ministers within the Commonwealth Government. This notifiable instrument authorises the Hon Matthew Keogh MP, Minister for Defence Personnel and Minister for Veterans’ Affairs, to exercise the powers and functions of the Minister for International Development and the Pacific and Minister for Defence Industry, namely Patrick Conroy, from 11 January 2023 to 25 January 2023. This delegation is made in accordance with sections 19 and 34AAB of the Acts Interpretation Act 1901, thereby allowing for the smooth operation of government activities during the specified period. This authorisation does not extend to any powers or functions not explicitly mentioned and ceases to have effect at the end of the designated period.

Key Provisions

The Acts Interpretation (Ministerial Acting Arrangements for the Foreign Affairs and Trade, and Defence Portfolios) Authorisation (No. 1) 2022 (the "Instrument") serves as an authorisation for the exercise of certain powers and functions by the Hon Matthew Keogh MP, Minister for Defence Personnel and Minister for Veterans’ Affairs, on behalf of the Minister for International Development and the Pacific and Minister for Defence Industry, Patrick Conroy. The main operative sections of the Instrument are section 1, which states the authorisation, and section 2, which sets the commencement and cessation dates of the Instrument. Specifically, section 1 (1) authorises the Minister Keogh to exercise the powers and functions of Minister Conroy from Wednesday 11 January 2023 until the end of Wednesday 25 January 2023. Under this authorisation, Minister Keogh is tasked with performing duties that would ordinarily be undertaken by Minister Conroy, particularly in the portfolios of Foreign Affairs and Trade, and Defence. This encompasses a wide range of powers and functions conferred by various Commonwealth laws. The obligations imposed on Minister Keogh are to faithfully and diligently carry out these duties as if he were the original officeholder, ensuring that all actions taken are within the scope of the authorisation and comply with the applicable laws. Failure to adhere to the terms of the authorisation or to properly exercise the conferred powers and functions could potentially lead to legal consequences, although the Instrument itself does not explicitly detail these consequences. The penalties or consequences for breaches would generally be determined by the specific laws under which the powers are exercised. For instance, if the powers relate to the administration of a statute that includes specific penalties for improper exercise, those penalties would apply. The Instrument is effective from Wednesday 11 January 2023 and ceases to have effect at the end of Wednesday 25 January 2023, providing a clear temporal boundary within which the authorisation is valid.