Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 11) 2024

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 11) 2024I was enacted to address the need for specific ministerial arrangements within the Home Affairs portfolio during particular periods when the relevant ministers are temporarily unavailable. This instrument, issued under sections 19 and 34AAB of the Acts Interpretation Act 1901, authorises Kristy McBain, Minister for Regional Development, Local Government and Territories, to act on behalf of Jenny McAllister, Minister for Emergency Management and Minister for Cities, during a specified period from 28 September 2024 to 7 October 2024. This authorisation ensures continuity in the performance of ministerial functions and duties during McAllister’s absence. The policy objective, as stated in the Act, is to maintain effective governance and administration within the portfolio, thereby ensuring that critical functions continue uninterrupted. This authorisation also revokes the previous authorisation (No. 10) 2024, thereby updating the ministerial acting arrangements for the portfolio.

Scope and Application

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 11) 2024I pertains to the delegation of certain functions, duties, and powers from the Minister for Emergency Management and Minister for Cities, Jenny McAllister, to the Minister for Regional Development, Local Government and Territories, Kristy McBain, for a specified period from 28 September 2024 until 7 October 2024. This authorisation allows Kristy McBain to act on behalf of Jenny McAllister under any law of the Commonwealth during this interim period, encompassing a range of responsibilities pertinent to the Home Affairs Portfolio. The instrument revokes the preceding authorisation (No. 10) 2024, ensuring a seamless transition in ministerial acting arrangements within the specified timeframe. This legislation operates within the Commonwealth jurisdiction and is bound by the provisions outlined in sections 19 and 34AAB of the Acts Interpretation Act 1901, thus providing a legal framework for the delegation of authority in the interim period.

Key Provisions

The main operative sections of this notifiable instrument (section 1) authorise Kristy McBain, Minister for Regional Development, Local Government and Territories, to act on behalf of Jenny McAllister, Minister for Emergency Management and Minister for Cities, during the period from 28 September 2024 to 7 October 2024 (section (a)). Additionally, it revokes a previous authorisation, the Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 10) 2024, in accordance with the relevant provisions of the Acts Interpretation Act 1901 (section (b)). This authorisation allows Kristy McBain to perform functions and duties, or exercise powers, that Jenny McAllister would otherwise perform under any Commonwealth law during the specified period. The obligations imposed by this instrument are primarily administrative and procedural. Jenny McAllister, as the authorising minister, must ensure that the authorisation is within the scope of her functions and duties under the Acts Interpretation Act 1901. Kristy McBain, as the acting minister, must act within the limits of the authorisation provided and adhere to the same standards and responsibilities as if she were the acting minister herself. Furthermore, the revocation of the previous authorisation is also a formal requirement, ensuring that there are no overlapping or conflicting authorisations in place. Under this instrument, any breach of the authorisation terms or failure to comply with the obligations set out in the Acts Interpretation Act 1901 could result in legal consequences. The specific nature of these consequences would depend on the extent and impact of the breach. However, the Act itself does not specify particular offences, penalties, or civil/criminal consequences for breaches of authorisation arrangements like this one. Therefore, any enforcement actions would likely be guided by the broader legal framework within which the authorisation operates, potentially including judicial review or other administrative remedies. It is important to note that the absence of specific penalties in this instrument does not diminish the seriousness of complying with the authorisation and the revocation of previous authorisations.