Acts Interpretation (Ministerial Acting Arrangements for the Foreign Affairs Portfolio) Authorisation (No. 18) 2024

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Foreign Affairs Portfolio) Authorisation (No. 18) 2024, enacted by Senator the Hon Penny Wong, Minister for Foreign Affairs, was introduced to address the need for seamless ministerial acting arrangements within the Foreign Affairs Portfolio. Authorised by The Hon Mark Dreyfus KC MP, Attorney General, this notifiable instrument allows for the delegation of powers and functions from the Minister for Foreign Affairs to the Attorney General. This arrangement ensures continuity in the administration of the Foreign Affairs Portfolio, particularly in the absence of the Minister, and is in line with the provisions set out in sections 19 and 34AAB of the Acts Interpretation Act 1901. The instrument commences on 14 December 2024 and is repealed at the end of 13 January 2025, reflecting the temporary nature of this authorisation to maintain efficient governance within the specified period.

Scope and Application

The Acts Interpretation (Ministerial Acting Arrangements for the Foreign Affairs Portfolio) Authorisation (No. 18) 2024 applies to the Minister for Foreign Affairs, currently Senator the Hon Penny Wong, and designates The Hon Mark Dreyfus KC MP, Attorney General, to act on her behalf in exercising powers and functions conferred by Commonwealth law. This authorisation is effective from 14 December 2024 until 13 January 2025, ensuring continuity in the execution of the Minister's duties during this period. The scope of the authorisation includes all powers and functions under any Commonwealth law, as specified in sections 19 and 34AAB of the Acts Interpretation Act 1901, thereby providing a comprehensive delegation that enables the Attorney General to undertake ministerial responsibilities in the absence of the Minister for Foreign Affairs.

Key Provisions

The main operative sections of the Acts Interpretation (Ministerial Acting Arrangements for the Foreign Affairs Portfolio) Authorisation (No. 18) 2024 (the "Authorisation") allow for the delegation of powers and functions of the Minister for Foreign Affairs to another person. Specifically, section 1 provides that the Hon. Mark Dreyfus KC MP, the Attorney-General, is authorised to exercise all powers and functions of the Minister for Foreign Affairs on her behalf. This delegation is effective from 14 December 2024 and will last until 13 January 2025, as stated in section 1. The Act imposes certain obligations on the parties involved. The Minister for Foreign Affairs, Senator the Hon Penny Wong, must ensure that the delegation is valid and within her authority under the Acts Interpretation Act 1901. The Attorney-General, Hon. Mark Dreyfus KC MP, must exercise the delegated powers and functions diligently and in accordance with the law. The Attorney-General must also ensure that all actions taken under the delegation are in line with the objectives and policies of the Foreign Affairs Portfolio. There are no explicit offences or penalties mentioned in the Authorisation for breaches of its provisions. However, any actions taken under the authority of this instrument must comply with existing laws, and any failure to do so could result in legal consequences under those laws. For instance, if the Attorney-General acts outside the scope of the delegation or in a manner that is unlawful, this could lead to legal actions being taken against them personally, as well as against the Commonwealth. In summary, the Authorisation allows for the delegation of the Minister for Foreign Affairs' powers and functions to the Attorney-General for a specified period. It outlines the scope of the delegation and imposes a duty on both the Minister and the Attorney-General to act within the law. While the Authorisation itself does not specify penalties for non-compliance, breaches of the law resulting from actions taken under the delegation could lead to legal repercussions.