Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation 2023
(1) I, the Hon Clare O’Neil MP, Minister for Home Affairs and Minister for Cyber Security, 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 MP, 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.
(2) This instrument commences on Monday 25 December 2023 and ceases to have effect and is repealed at the end of Monday 22 January 2024.
Dated 29 November 2023
Clare O’Neil
Minister for Home Affairs
Minister for Cyber Security
Overview
The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation 2023 was enacted to facilitate the delegation of powers and functions within the Home Affairs Portfolio, specifically between the Minister for Home Affairs and the Minister for Immigration, Citizenship and Multicultural Affairs. Authorised by the Hon Clare O’Neil MP, Minister for Home Affairs and Minister for Cyber Security, this notifiable instrument allows the Hon Andrew Giles MP, Minister for Immigration, Citizenship and Multicultural Affairs, to exercise Clare O’Neil’s powers and functions during a specified period. This authorisation is grounded in sections 19 and 34AAB of the Acts Interpretation Act 1901, ensuring that the delegation complies with relevant legislative frameworks. The instrument is set to commence on 25 December 2023 and will cease to have effect and be repealed on 22 January 2024, providing a temporary arrangement to address the need for ministerial delegation within the specified timeframe.
Scope and Application
The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation 2023 grants the Hon Andrew Giles MP, the Minister for Immigration, Citizenship and Multicultural Affairs, the authority to act on behalf of the Hon Clare O’Neil MP, the Minister for Home Affairs and Minister for Cyber Security, in relation to all powers and functions conferred on her by any Commonwealth law. This authorisation is specifically limited to the period from 25 December 2023 until 22 January 2024, after which the authorisation ceases to have effect and is repealed. The scope of the authority encompasses all responsibilities under the Home Affairs and Cyber Security portfolios, including any legislative functions that may arise during the specified period. This arrangement ensures continuity of governance within the relevant ministerial portfolios during the transition period.
Key Provisions
The primary operative sections of the Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation 2023 (F2024N00387) are sections 1 and 2. Section 1 (1) authorises the Hon Andrew Giles MP, Minister for Immigration, Citizenship and Multicultural Affairs, to exercise on behalf of the Hon Clare O’Neil MP, Minister for Home Affairs and Minister for Cyber Security, all powers and functions conferred to her by any law of the Commonwealth. This authorisation is specifically related to the Home Affairs portfolio and is in accordance with sections 19 and 34AAB of the Acts Interpretation Act 1901. Section 2 specifies the commencement and cessation dates for this authorisation, commencing on Monday 25 December 2023 and ceasing on Monday 22 January 2024.
This authorisation imposes specific obligations on the parties involved. The Hon Clare O’Neil MP must ensure that the delegation of her powers and functions to the Hon Andrew Giles MP is conducted within the legal framework provided by the Acts Interpretation Act 1901. The Hon Andrew Giles MP, as the acting Minister, must exercise these powers and functions responsibly and in accordance with the law. The authorisation is time-bound, meaning that the delegation is only valid for the specified period.
Breaches of the terms of this authorisation could potentially lead to legal consequences, though the specific offences, penalties, or consequences are not detailed within this notifiable instrument itself. The Act does not explicitly outline any maximum penalties for breaches; however, any actions taken outside the bounds of the authorisation could be subject to review and may lead to disciplinary actions, as per the general principles of ministerial accountability and legal compliance under Australian law. It is important for all parties to adhere strictly to the authorised period and scope of the delegation to avoid any legal repercussions.