Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 10) 2024

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 10) 2024I was enacted by Tony Burke, the Minister for Home Affairs, Minister for Immigration and Multicultural Affairs, Minister for Cyber Security, and Minister for the Arts. This notifiable instrument was introduced to address a temporary absence of the minister during a specified period, allowing for the continuity of ministerial functions and duties in his absence. The authorisation, which falls under section 19 of the Acts Interpretation Act 1901, allows Richard Marles, the Minister for Defence, to act on behalf of Tony Burke from 5:00 pm on 29 July 2024 until 11:59 pm on 31 July 2024. This authorisation also revokes the previous authorisation (No. 9) 2024. The policy objective is to ensure that the functions, duties, and powers under any law of the Commonwealth can be performed smoothly during the authorised period. The instrument commences immediately after it is signed and is set to be revoked on 1 August 2024.

Scope and Application

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 10) 2024I pertains to the delegation of authority within the Commonwealth's Home Affairs Portfolio, specifically empowering Richard Marles, the Minister for Defence, to act on behalf of Tony Burke, who holds multiple ministerial roles including Home Affairs, Immigration and Multicultural Affairs, Cyber Security, and the Arts, for a defined period. This authorisation allows Richard Marles to perform functions and duties, or exercise powers, under any Commonwealth law during the specified time frame from 5:00 pm on 29 July 2024 to 11:59 pm on 31 July 2024. The instrument is effective immediately upon signing and is set to be revoked on 1 August 2024. Additionally, this authorisation revokes the previous Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 9) 2024, ensuring that only the current authorisation remains in effect during the designated period.

Key Provisions

The key operative sections of the Notifiable Instrument F2024N00685 (Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 10) 2024I) include the authorisation of Richard Marles, Minister for Defence, 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, during the specified period (section 1). This authorisation allows Richard Marles to perform, exercise functions, duties, or powers under any Commonwealth law as if he were Tony Burke. Additionally, section 2 of the instrument revokes a previous authorisation (Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 9) 2024) in accordance with subsection 34AAB(4) of the Acts Interpretation Act 1901. This legislation imposes several obligations on the parties involved. Tony Burke, as the acting Minister, must ensure that the authorised period for Richard Marles to act on his behalf is clearly defined and communicated to all relevant parties. Richard Marles, upon assuming these duties, must act within the scope of his authorisation and comply with all legal requirements and obligations that Tony Burke would otherwise be bound by during the specified period. Both ministers must maintain records of any actions taken under this authorisation to ensure transparency and accountability. Failure to comply with the provisions of this Act could result in various civil and criminal consequences. While specific penalties are not detailed within the text of this particular instrument, breaches of authorisation or misuse of powers under Commonwealth law generally can lead to legal action, including fines and potential imprisonment. The maximum penalties would depend on the specific breach and the relevant provisions of the Acts Interpretation Act 1901 or other applicable laws. It is essential for both ministers to adhere strictly to the terms of the authorisation to avoid any legal repercussions.