Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Foreign Affairs and Trade Portfolio) Authorisation (No. 1) 2022 was enacted to address the need for streamlined ministerial acting arrangements within the Foreign Affairs and Trade Portfolio. Authorised by Senator the Hon Penny Wong, Minister for Foreign Affairs, this instrument empowers The Hon Mark Dreyfus KC MP, Attorney-General, Cabinet Secretary, to exercise certain powers and functions on behalf of the Minister for Foreign Affairs. This authorisation is necessary to ensure continuity of governance and effective administration of relevant laws and functions during specific periods when the Minister may be temporarily absent or unable to perform their duties. The instrument was introduced by the Parliament of Australia and was designed to facilitate the efficient operation of the Foreign Affairs and Trade Portfolio, aligning with the overarching policy objective of maintaining robust governance structures within the federal government.

Scope and Application

The Acts Interpretation (Ministerial Acting Arrangements for the Foreign Affairs and Trade Portfolio) Authorisation (No. 1) 2022 applies to the Minister for Foreign Affairs and pertains to the delegation of certain powers and functions to the Attorney-General, Cabinet Secretary, during the specified period of 27 December 2022 to 16 January 2023. This delegation is authorised under sections 19 and 34AAB of the Acts Interpretation Act 1901, allowing the Attorney-General to exercise the powers and functions conferred on the Minister for Foreign Affairs by any Commonwealth law. The scope of this authorisation includes all powers and functions related to the portfolio of Foreign Affairs and Trade. This authorisation does not include any exclusions, exemptions, or specific thresholds, but it operates within the existing legislative framework and the powers granted to the Minister. The instrument's commencement and cessation dates are explicitly stated, delineating the period during which the authorisation is effective.

Key Provisions

The Acts Interpretation (Ministerial Acting Arrangements for the Foreign Affairs and Trade Portfolio) Authorisation (No. 1) 2022 (F2023N00154) is a notifiable instrument that grants specific authorisation for the delegation of powers. Under section 1 of the instrument, the Minister for Foreign Affairs, the Hon. Penny Wong, authorises the Hon. Mark Dreyfus KC MP, the Attorney-General and Cabinet Secretary, to exercise all powers and functions conferred on her by any law of the Commonwealth, including those related to the Foreign Affairs and Trade Portfolio. This authorisation is provided under sections 19 and 34AAB of the Acts Interpretation Act 1901, which enable the delegation of ministerial powers and functions. The authorisation imposes specific obligations on the Attorney-General to act in accordance with the delegation received from the Minister for Foreign Affairs. The Attorney-General must exercise the powers and functions granted to him in good faith and within the scope of the authority provided by the instrument. These obligations include ensuring that all actions taken under this delegation are consistent with the law and the policy objectives of the Foreign Affairs and Trade Portfolio. The instrument is explicit in its temporary nature, with a commencement date of 27 December 2022 and a cessation date of 16 January 2023, thereby limiting the duration of the authorisation. Should there be a breach of the terms set out in the instrument, the consequences can be both civil and criminal. While the specific offences and penalties are not detailed within the text of the instrument itself, breaches of ministerial authorisations and misuse of delegated powers could potentially lead to legal action. Such actions might include proceedings for misfeasance in public office, depending on the nature and extent of the breach. Given the temporary nature of this authorisation, any breaches occurring during the instrument's effective period would likely be subject to the penalties applicable at the time of the breach under the relevant legislation. This could involve fines or imprisonment, depending on the severity of the misconduct.