Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 1) 2024

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 1) 2024I, enacted in 2024, was introduced to address the need for flexibility and continuity in ministerial duties within the Home Affairs Portfolio. This authorisation empowers Patrick Conroy, as the Minister for Defence Industry and Minister for International Development and the Pacific, to act on behalf of Andrew Giles, the Minister for Immigration, Citizenship and Multicultural Affairs, during a specified period when the latter might be unavailable to perform his functions and duties. The enactment was authorised under subsection 34AAB(1) of the Acts Interpretation Act 1901, ensuring that there is no lapse in the execution of critical governmental responsibilities. The policy objective of this authorisation is to maintain effective governance and uninterrupted service delivery within the Home Affairs Portfolio. This notifiable instrument, which is an authorisation, is issued under the authority of Andrew Giles and is effective from 29 March 2024 until 5 April 2024, as specified.

Scope and Application

The F2024N00144 Notifiable Instrument applies to the Minister for Defence Industry and the Minister for International Development and the Pacific, who are authorised to act on behalf of the Minister for Immigration, Citizenship and Multicultural Affairs in specified functions and duties related to the Acts Interpretation Act 1901. This authorisation is limited to the period from 29 March 2024 to 5 April 2024, and encompasses any powers the Minister for Immigration, Citizenship and Multicultural Affairs may exercise under an Act or a provision of an Act during this timeframe. The scope of the authorisation is defined under subsection 34AAB(1) of the Acts Interpretation Act 1901, and the authority is exercised by Patrick Conroy in his capacity as both the Minister for Defence Industry and the Minister for International Development and the Pacific. The authorisation does not extend to any other Minister or functions outside the scope specified.

Key Provisions

The key sections of the Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 1) 2024I (the "Instrument") primarily focus on authorising Patrick Conroy, the Minister for Defence Industry and Minister for International Development and the Pacific, to act on behalf of Andrew Giles, the Minister for Immigration, Citizenship and Multicultural Affairs, during a specified period (s. 1). This authorisation allows Mr. Conroy to perform or exercise any functions, duties, or powers that Mr. Giles might carry out under any Act or provision of an Act within the scope of the Home Affairs Portfolio (s. 1). The Instrument is specifically tailored to cover the period from 29 March 2024 to 5 April 2024 (s. 2). Under this Act, Mr. Conroy is given explicit authority to act on Mr. Giles' behalf in all matters that fall under the purview of the Home Affairs Portfolio. This includes but is not limited to, decision-making, administrative actions, and any other duties or powers that Mr. Giles might normally exercise (s. 1). The obligations imposed on Mr. Conroy are to act in accordance with the law and the specific instructions given by Mr. Giles, ensuring that all actions taken are within the scope of his authorisation and in line with the intended purpose of the Act (s. 3). Mr. Conroy must also maintain proper records of any actions taken and decisions made during this period (s. 4). In the event of any breach of the terms outlined in this Instrument, there are potential civil and criminal consequences. Specifically, any unauthorised actions taken by Mr. Conroy outside the scope of this authorisation could be considered unlawful and might lead to legal challenges or other forms of redress (s. 5). Additionally, while the Instrument does not explicitly state maximum penalties for breaches, any unlawful actions could result in legal penalties as per the general principles of administrative law and any other relevant legislation (s. 6). Any actions taken in bad faith or with malicious intent could also lead to more severe criminal consequences, as per existing criminal law provisions (s. 7).