Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 1) 2026

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 1) 2026I, enacted by Tony Burke, Minister for Home Affairs, Minister for Immigration and Citizenship, Minister for Cyber Security, and Minister for the Arts, was introduced to address the need for a structured ministerial acting arrangement within the Home Affairs portfolio. This authorisation, which is effective from 27 January 2026 to 30 January 2026, is made under the authority of section 19 of the Acts Interpretation Act 1901 and in accordance with subsection 34AAB(1). The policy objective of this notifiable instrument is to ensure that the functions, duties, and powers of the Minister are effectively managed in his temporary absence, thereby maintaining the continuity of governance within the specified timeframe. This authorisation allows Michelle Rowland, the Attorney-General, to act on behalf of the Minister during this period, with the instrument being revoked on 31 January 2026.

Scope and Application

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 1) 2026I provides authority for the delegation of functions and duties pertaining to the Home Affairs portfolio, among others, from the relevant Minister, Tony Burke, to Michelle Rowland, the Attorney-General, for a specific period. This authorisation empowers Michelle Rowland to act on behalf of Tony Burke during the period starting on 27 January 2026 and concluding on 30 January 2026. The authorisation is explicitly revoked on 31 January 2026, ensuring that any actions taken by Michelle Rowland within the specified period are legally valid, while also delineating the temporal limits of her delegated authority. The jurisdictional reach of this authorisation is inherently tied to the Commonwealth, as it involves the delegation of ministerial powers under federal law. There are no stated exclusions, exemptions, or thresholds in this particular authorisation, and it does not extend or restrict application through subordinate instruments.

Key Provisions

The main operative sections of the Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 1) 2026I establish the delegation of authority from Tony Burke, the Minister for Home Affairs, Minister for Immigration and Citizenship, Minister for Cyber Security, and Minister for the Arts, to Michelle Rowland, the Attorney-General. Section 1 authorises Michelle Rowland to act on Tony Burke's behalf during the specified period from 27 January 2026 to 30 January 2026. This authorisation is grounded in section 19 of the Acts Interpretation Act 1901 and operates under subsection 34AAB(1) of that Act. The instrument is designed to ensure continuity in the performance of ministerial functions and duties during Tony Burke's absence or incapacity. Under this Act, Michelle Rowland assumes specific responsibilities and obligations that Tony Burke would otherwise perform. These include exercising powers, performing functions, and executing duties related to any Commonwealth law within the Home Affairs portfolio. This delegation is time-bound, ensuring that the temporary transfer of authority is limited to the defined period. The Act also mandates that this authorisation be exercised strictly in accordance with the legal frameworks governing Tony Burke’s role, maintaining the integrity and legality of the delegated functions. Breaches of the provisions outlined in this notifiable instrument can have significant consequences. Any actions taken by Michelle Rowland outside the scope of the authorisation or in violation of the legal mandates could be deemed invalid or unlawful. This might result in civil or criminal penalties depending on the nature and severity of the breach. While the specific penalties are not detailed within the text of this instrument, they would typically align with the penalties applicable under the relevant Commonwealth law that the authorised functions pertain to. The revocation of the instrument on 31 January 2026 signifies the end of Michelle Rowland's delegated authority, underscoring the temporary nature of this arrangement and the importance of adhering to the legal boundaries set forth by the Acts Interpretation Act 1901.