Acts Interpretation (Ministerial Acting Arrangements for the Foreign Affairs and Trade Portfolio) Authorisation (No. 2) 2023

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Foreign Affairs and Trade Portfolio) Authorisation (No. 2) 2023 is a notifiable instrument enacted to address the need for ministerial acting arrangements within the Foreign Affairs and Trade Portfolio. This instrument, introduced by Senator the Hon Penny Wong, Minister for Foreign Affairs, and authorised under sections 19 and 34AAB of the Acts Interpretation Act 1901, aims to facilitate the effective administration of ministerial powers and functions within the specified portfolio. Authorising The Hon Mark Dreyfus KC MP, Attorney-General, to exercise these powers on behalf of the Minister for Foreign Affairs, the instrument is designed to ensure continuity of government operations and the execution of legislative responsibilities during the authorised period. This authorisation operates from Sunday 17 December 2023 until 2359h on Sunday 7 January 2024, as stipulated in the instrument.

Scope and Application

The Acts Interpretation (Ministerial Acting Arrangements for the Foreign Affairs and Trade Portfolio) Authorisation (No. 2) 2023 establishes a temporary delegation of authority from the Minister for Foreign Affairs, the Hon. Penny Wong, to the Attorney-General, the Hon. Mark Dreyfus KC MP, for the duration specified in the instrument. This delegation allows the Attorney-General to exercise all powers and functions of the Minister for Foreign Affairs, including those conferred by any Commonwealth law, from 17 December 2023 until 7 January 2024. This arrangement ensures the continuity of governmental functions in the Foreign Affairs and Trade Portfolio during the authorised period. The legislation applies to the designated ministerial functions within the Commonwealth and is limited to the specified timeframe, ceasing to have effect at the end of 7 January 2024. The authority granted is confined to the powers and functions of the Minister for Foreign Affairs and does not extend to any other ministerial roles or responsibilities outside the scope of this authorisation.

Key Provisions

The Acts Interpretation (Ministerial Acting Arrangements for the Foreign Affairs and Trade Portfolio) Authorisation (No. 2) 2023 (F2023N00638) provides a temporary delegation of authority from the Minister for Foreign Affairs, Senator Penny Wong, to the Attorney-General, the Hon Mark Dreyfus KC MP, to exercise all powers and functions of the Minister for Foreign Affairs. This authorisation is necessary to ensure continuity in the administration of the Foreign Affairs and Trade Portfolio during a specific period. The delegation is effective from 17 December 2023 and terminates on 7 January 2024 (section 1). This legislative instrument was enacted under the authority of sections 19 and 34AAB of the Acts Interpretation Act 1901, ensuring the Minister’s powers and functions are legally transferred to the Attorney-General for the interim period (section 2). Under this authorisation, the Attorney-General is empowered to perform all duties, make decisions, and exercise authorities that would normally be carried out by the Minister for Foreign Affairs. This includes any powers and functions conferred upon the Minister by any Commonwealth law. The scope of this delegation is broad, encompassing all ministerial responsibilities within the Foreign Affairs and Trade Portfolio during the specified timeframe (section 3). The Act imposes specific obligations on the Attorney-General to faithfully execute the duties of the Minister for Foreign Affairs during the authorised period. The Attorney-General must act in accordance with the law and any relevant guidelines or policies that the Minister for Foreign Affairs would adhere to. The Minister retains ultimate responsibility for the actions taken by the Attorney-General under this delegation, and the Attorney-General must ensure that all decisions and actions are in line with the expectations and responsibilities of the Minister for Foreign Affairs (section 4). There are no explicit offences, penalties, or consequences for breach outlined in this authorisation itself. However, any actions taken by the Attorney-General that deviate from the scope of the delegation or fail to comply with the law could potentially lead to legal challenges or repercussions under the relevant Acts and regulations. The overarching legal framework and ministerial responsibilities would apply to ensure that the Attorney-General’s actions are within the bounds of the delegation and the law (section 5).