Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 10) 2025

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 10) 2025I was enacted to address the need for a streamlined process in the delegation of ministerial responsibilities within the Home Affairs Portfolio. Authorised by Tony Burke, the Minister for Home Affairs, Minister for Immigration and Citizenship, Minister for Cyber Security, and Minister for the Arts, the instrument aims to ensure continuity in the performance of functions and the exercise of powers during periods when the primary minister may be absent. This authorisation empowers Pat Conroy, the Minister for Defence Industry and Minister for Pacific Island Affairs, to act on behalf of Tony Burke during the specified period from 11 December 2025 to 15 December 2025. The policy objective is to maintain effective governance and administrative efficiency within the Home Affairs Portfolio, ensuring that critical functions continue without interruption.

Scope and Application

The F2025N00980 Notifiable Instrument, enacted under the authority of the Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 10) 2025I, applies to the Minister for Home Affairs, Minister for Immigration and Citizenship, Minister for Cyber Security, and Minister for the Arts, with Tony Burke acting in these capacities. During the specified period from 11 December 2025 to 15 December 2025, Pat Conroy, the Minister for Defence Industry and Minister for Pacific Island Affairs, is authorised to act on behalf of Tony Burke in the performance of any functions or duties, or the exercise of powers, under any Commonwealth law. This authorisation is limited to the time frame mentioned and is revoked as of 16 December 2025. The instrument's jurisdictional reach is confined to the Commonwealth level, and it does not specify any exclusions, exemptions, or thresholds within the text provided. The scope of the legislation is clearly delineated by the specified authorisation period and the roles of the ministers involved.

Key Provisions

The key provisions of the ADMIN 25/277 Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 10) 2025I are contained within the main operative sections. Section 1 provides the authority for Tony Burke, who holds multiple ministerial positions, to delegate his functions, duties, and powers to Pat Conroy, the Minister for Defence Industry and Minister for Pacific Island Affairs, during a specific period (section 1). This delegation is effective from 11 December 2025 until the end of 15 December 2025, after which it is revoked on 16 December 2025. This authorisation is made under section 19 of the Acts Interpretation Act 1901 and subsection 34AAB(1) of that Act. The obligations imposed by the Act on the parties involved are straightforward. Tony Burke, as the delegating minister, must ensure that the delegation is clearly defined and limited to the specified period. Pat Conroy, the receiving minister, must act within the scope of the delegated authority, ensuring all actions comply with the legislative framework governing the delegated functions. Both ministers must adhere to the conditions and limitations set out in the authorisation. Breaches of the terms set out in the authorisation may result in various consequences. If Pat Conroy acts outside the scope of the delegated authority, he may be subject to disciplinary action or legal consequences for overstepping his authority. Similarly, if Tony Burke fails to properly delegate his functions or if the delegation exceeds the authorised period, he may face scrutiny or potential legal repercussions for mismanaging his ministerial duties. While specific penalties are not outlined in the authorisation, breaches of this nature could lead to administrative penalties, legal challenges, or other corrective actions depending on the severity and context of the breach.