Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 1) 2025

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 1) 2025I was enacted to address the need for authorised ministerial acting arrangements within the Home Affairs Portfolio, particularly during the absence of the primary Minister, Tony Burke. Authorised under section 19 of the Acts Interpretation Act 1901, the instrument designates Richard Marles, the Deputy Prime Minister and Minister for Defence, to act on behalf of Minister Burke during specific periods of absence. The policy objective of this authorisation is to ensure continuity in the performance of ministerial functions and duties within the specified timeframes, thereby maintaining the effective administration of the Home Affairs Portfolio. The authorisation is issued by the Parliament of Australia, reflecting the legislative body's role in facilitating ministerial delegation during ministerial absences.

Scope and Application

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 1) 2025I applies to the Minister for Home Affairs, Tony Burke, and authorises Richard Marles, Deputy Prime Minister and Minister for Defence, to act on his behalf during specific periods. This authorisation is limited to the exercise of functions, duties, or powers under any law of the Commonwealth that Tony Burke may perform or exercise during the specified times: from 11:00 am on 27 January 2025 to 9:00 pm on 28 January 2025, and from 4:00 pm on 30 January 2025 to 3:00 am on 1 February 2025. The authorisation is made under section 19 of the Acts Interpretation Act 1901 and is revoked on 2 February 2025. References to time in this instrument pertain to the legal time in the Australian Capital Territory, ensuring clarity and precision in the timing of the authorisation.

Key Provisions

The main operative sections of the Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 1) 2025I detail the specific periods during which Richard Marles, Deputy Prime Minister and Minister for Defence, is authorised to act on behalf of Tony Burke, the Minister for Home Affairs, Minister for Immigration and Multicultural Affairs, Minister for Cyber Security, and Minister for the Arts (subsection 34AAB(1)). This authorisation is limited to the functions and duties, or powers, that Tony Burke may perform or exercise under any law of the Commonwealth during two distinct time frames: from 11:00 am on 27 January 2025 to 9:00 pm on 28 January 2025, and from 4:00 pm on 30 January 2025 to 3:00 am on 1 February 2025. These authorisations are in effect until 2 February 2025, at which point the instrument is revoked. The Act imposes specific obligations and requirements on both Tony Burke and Richard Marles. Tony Burke, as the principal Minister, must ensure that the authorisation is exercised within the scope of the functions and duties outlined in the authorisation. Richard Marles, acting on behalf of Tony Burke, must perform the authorised functions and duties in accordance with the terms of the authorisation and the applicable laws. Both parties must adhere to the legal time in the Australian Capital Territory as referenced in the instrument. Failure to comply with the terms of the authorisation could result in various consequences, although the specific offences, penalties, or civil and criminal repercussions are not detailed in the text. However, under general provisions of the Acts Interpretation Act 1901, breaches of such authorisations could potentially lead to legal actions, including fines or other penalties as prescribed by relevant laws. It is essential for both Tony Burke and Richard Marles to ensure strict adherence to the terms of the authorisation to avoid any legal ramifications.