Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 1) 2022
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. Mark Dreyfus KC MP, Attorney-General,
to exercise, on my behalf, all my powers and functions, including powers and functions conferred on me by any law of the Commonwealth.
This instrument commences on Saturday 24 December 2022 and ceases to have
effect at the end of Friday 13 January 2023.
[signed]
Dated 6 December 2022
The Hon Clare O’Neil MP
Minister for Home Affairs
Minister for Cyber Security
Note: The name of this instrument was amended on registration as the instrument as lodged did not have a unique name (see subsection 10(2), Legislation Rule 2016).
Overview
The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 1) 2022 was enacted in 2022 to provide for the delegation of powers and functions between the Minister for Home Affairs and the Attorney-General, particularly in the context of the Home Affairs Portfolio. The instrument was introduced to address the need for clear arrangements to ensure continuity of government in the event of absence or incapacity of the Minister for Home Affairs. Authorised by the Hon Clare O’Neil MP, Minister for Home Affairs and Minister for Cyber Security, the instrument empowers the Hon. Mark Dreyfus KC MP, Attorney-General, to exercise the powers and functions of the Minister for Home Affairs during specified periods. The policy objective is to maintain the efficiency and effectiveness of the Home Affairs Portfolio by ensuring that there are appropriate arrangements in place for the acting of the Minister's powers in their absence or incapacity. This notifiable instrument commences on 24 December 2022 and ceases to have effect on 13 January 2023.
Scope and Application
The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 1) 2022I applies to the Hon Clare O’Neil MP, who holds the roles of Minister for Home Affairs and Minister for Cyber Security. This instrument authorises the Hon. Mark Dreyfus KC MP, Attorney-General, to exercise on her behalf all the powers and functions conferred on her by any law of the Commonwealth. This authorisation includes, but is not limited to, those powers and functions pertinent to the Home Affairs and Cyber Security portfolios. The instrument is in effect from Saturday 24 December 2022 until the end of Friday 13 January 2023. Notably, the instrument does not detail specific exclusions or exemptions, and its application is strictly within the jurisdictional boundaries of the Commonwealth of Australia. The authorisation does not extend to subordinate instruments unless explicitly mentioned within the parameters of the primary legislation it pertains to.
Key Provisions
The Notifiable Instrument F2023N00098 (Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 1) 2022I) primarily establishes the authority for the Hon. Mark Dreyfus KC MP, the Attorney-General, to exercise specific powers and functions of the Hon. Clare O'Neil MP, Minister for Home Affairs and Minister for Cyber Security, for a limited period. This authorisation is crucial as it enables the Attorney-General to act in the stead of the Home Affairs Minister during the specified timeframe, ensuring continuity of governance within the Home Affairs portfolio. The instrument commences on 24 December 2022 and expires on 13 January 2023, thus delineating the exact duration of this acting arrangement (s. 1).
Under this Act, the Attorney-General is granted the authority to undertake all powers and functions that would ordinarily be exercised by the Minister for Home Affairs and Cyber Security. This includes, but is not limited to, the powers and functions conferred on the Minister by any Commonwealth law. The intent is to ensure that critical governmental operations within the Home Affairs and Cyber Security sectors are not disrupted due to the absence of the Minister. The Act clearly specifies that this authority is exercised on behalf of the Minister, highlighting the temporary nature of this delegation.
Entities and individuals governed by this Act must adhere to the authorised actions taken by the Attorney-General as if they were performed by the Minister herself. This means that any decisions, directives, or authorisations issued by the Attorney-General during the authorised period are legally binding and must be complied with by relevant parties. It is imperative that all stakeholders are aware of this acting arrangement to ensure smooth and uninterrupted governance.
Failure to comply with the authorised actions taken by the Attorney-General could result in legal ramifications, although the specific consequences are not detailed in this instrument. The legislative framework implies that any breaches or non-compliance would be addressed under the relevant laws governing the Home Affairs and Cyber Security sectors. Given the temporary nature of the authorisation, it is also possible that any breaches could be subject to the standard penalties or consequences applicable to similar actions taken by the Minister.
In summary, the Notifiable Instrument F2023N00098 authorises the Attorney-General to exercise the powers and functions of the Minister for Home Affairs and Cyber Security from 24 December 2022 to 13 January 2023. This delegation is intended to maintain the continuity of governance within these critical portfolios during the Minister’s absence, and all relevant parties must comply with the actions taken by the Attorney-General as if they were performed by the Minister. Although the specific penalties for non-compliance are not detailed in this instrument, any breaches would likely be addressed under existing laws.