Acts Interpretation (Ministerial Acting Arrangements for the Foreign Affairs Portfolio) Authorisation (No. 21) 2025

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Foreign Affairs Portfolio) Authorisation (No. 21) 2025, enacted by Senator the Hon Penny Wong, Minister for Foreign Affairs, under the authority of sections 19 and 34AAB of the Acts Interpretation Act 1901, aims to address the need for a seamless transfer of powers and functions between ministers within the Foreign Affairs portfolio. This notifiable instrument authorises Senator the Hon Tim Ayres, Minister for Industry and Innovation and Minister for Science, to exercise the powers and functions of the Minister for Foreign Affairs on her behalf during a specified period. The authorisation is designed to ensure continuity and stability in the administration of the Foreign Affairs portfolio, facilitating effective governance and policy implementation during the transition. This authorisation is effective from 24 December 2025 and will cease on 5 January 2026, as stated in the text.

Scope and Application

The Acts Interpretation (Ministerial Acting Arrangements for the Foreign Affairs Portfolio) Authorisation (No. 21) 2025 authorises Senator the Hon Tim Ayres to act on behalf of Senator the Hon Penny Wong, the Minister for Foreign Affairs, to exercise her powers and functions. This authorisation encompasses all powers and functions conferred upon the Minister for Foreign Affairs by any law of the Commonwealth, ensuring continuity in the administration and enforcement of foreign affairs-related legislation. The authorisation is effective from 24 December 2025 until 5 January 2026, providing a temporary delegation of authority to Senator the Hon Tim Ayres during this period. This arrangement does not alter the substantive responsibilities of the Minister for Foreign Affairs but facilitates the effective management of these responsibilities during a specific timeframe.

Key Provisions

The Acts Interpretation (Ministerial Acting Arrangements for the Foreign Affairs Portfolio) Authorisation (No. 21) 2025 primarily focuses on authorising the delegation of powers and functions from one minister to another within the Foreign Affairs Portfolio. Section 1 of this notifiable instrument authorises Senator the Hon Penny Wong, Minister for Foreign Affairs, to delegate her powers and functions to Senator the Hon Tim Ayres, who serves as the Minister for Industry and Innovation and Minister for Science. This delegation is explicitly authorised under sections 19 and 34AAB of the Acts Interpretation Act 1901 and encompasses all powers and functions conferred on Senator Wong by any Commonwealth law. The instrument is effective from 24 December 2025 and expires on 5 January 2026. In terms of obligations, the Act imposes a clear requirement on Senator Wong to ensure that her powers and functions are exercised by Senator Ayres during the specified period. Senator Wong, as the principal minister, must communicate this delegation to all relevant stakeholders and ensure that the transition of duties is smoothly executed. The obligations extend to ensuring that Senator Ayres is fully aware of and capable of exercising these powers and functions responsibly and effectively. Breaches of the terms set out in this authorisation could have serious implications. While the Act does not explicitly outline specific offences or penalties for non-compliance, it is expected that any failure to adhere to the authorisation's terms could result in legal and administrative consequences. These may include challenges to the validity of actions taken by Senator Ayres if it is found that he did not properly exercise the delegated powers. Additionally, any actions taken in excess of the authority granted under this instrument could be subject to judicial review or other legal remedies. The consequences of such breaches could potentially include nullification of actions taken and, in severe cases, disciplinary measures against the responsible parties.