Acts Interpretation (Ministerial Acting Arrangements for the Foreign Affairs and Trade, and Defence Portfolios) Authorisation (No. 1) 2023
I, the Hon Patrick Conroy MP, Minister for Defence Industry and Minister for International Development and the Pacific, 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 Andrew Giles, Minister for Immigration, Citizenship and Multicultural Affairs, 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 ceases to have effect at the end of 14 January 2024.
Dated 29 November 2023
The Hon Patrick Conroy MP
Minister for Defence Industry
Minister for International Development and the Pacific
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 Foreign Affairs and Trade, and Defence Portfolios) Authorisation (No. 1) 2023 is a notifiable instrument introduced to address the need for seamless ministerial arrangements within specific portfolios, particularly in the context of the Foreign Affairs and Trade, and Defence sectors. Enacted by the Hon Patrick Conroy MP, Minister for Defence Industry and Minister for International Development and the Pacific, this instrument aims to facilitate the delegation of powers and functions to other ministers, thereby ensuring continuity and efficiency in governance. The authorisation is in accordance with sections 19 and 34AAB of the Acts Interpretation Act 1901 and allows the Hon Andrew Giles, Minister for Immigration, Citizenship and Multicultural Affairs, to exercise these powers and functions on behalf of the Minister for Defence Industry and Minister for International Development and the Pacific from 25 December 2023 until 14 January 2024. The policy objective is to provide a structured and legal basis for such delegations, ensuring that critical functions are maintained without interruption during ministerial transitions or absences.
Scope and Application
The Acts Interpretation (Ministerial Acting Arrangements for the Foreign Affairs and Trade, and Defence Portfolios) Authorisation (No. 1) 2023 is a notifiable instrument that pertains to the delegation of certain powers and functions held by the Hon Patrick Conroy MP, who serves as the Minister for Defence Industry and the Minister for International Development and the Pacific. This authorisation enables the Hon Andrew Giles, the Minister for Immigration, Citizenship, and Multicultural Affairs, to exercise these powers and functions on behalf of the Hon Patrick Conroy MP. The authorisation is granted under sections 19 and 34AAB of the Acts Interpretation Act 1901 and includes all other relevant powers and functions conferred by any Commonwealth law. This instrument is effective from 25 December 2023 until 14 January 2024, after which it ceases to have any effect. This brief delegation allows for continuity in the administration of relevant portfolios during the specified period, facilitating the smooth operation of government functions within the designated timeframe.
Key Provisions
The main operative sections of this legislation, specifically F2023N00622, pertain to the authorisation granted by the Minister for Defence Industry and Minister for International Development and the Pacific to the Minister for Immigration, Citizenship and Multicultural Affairs to exercise certain powers and functions on his behalf (section 1). This authorisation encompasses all powers and functions conferred by any law of the Commonwealth and is enacted in accordance with sections 19 and 34AAB of the Acts Interpretation Act 1901. The authorisation is in effect from 25 December 2023 until 14 January 2024.
This legislation imposes certain obligations and requirements on the parties involved. The Minister for Defence Industry and Minister for International Development and the Pacific must ensure that the Minister for Immigration, Citizenship and Multicultural Affairs is fully informed of the powers and functions to be exercised. The Minister for Immigration, Citizenship and Multicultural Affairs, in turn, must exercise these powers and functions in accordance with the applicable laws and in the best interests of the Commonwealth. The delegation must be carried out with due diligence and in a manner that respects the legal frameworks governing the exercise of such powers.
The legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, any misuse or improper exercise of the delegated powers and functions could potentially lead to legal consequences under the relevant laws of the Commonwealth. Given the sensitive nature of the powers being delegated, it is expected that any breach would be subject to appropriate legal scrutiny and potential penalties as outlined in the broader legislative context in which these powers operate.
In summary, this legislation facilitates a temporary delegation of powers and functions from the Minister for Defence Industry and Minister for International Development and the Pacific to the Minister for Immigration, Citizenship and Multicultural Affairs, with a clear timeframe and scope. Both parties are obligated to exercise these powers responsibly and in compliance with existing laws, while potential breaches could lead to serious legal repercussions.