Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 11) 2025

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 11) 2025 is an instrument enacted to address the need for clear and efficient ministerial acting arrangements within the Home Affairs portfolio. This Act was introduced to streamline the process by which ministers can delegate their powers and duties, ensuring that the administrative functions of the portfolio are not unduly disrupted in their absence. 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 revokes the previous authorisation (No. 10) 2025, updating the framework to better align with current operational needs. The policy objective of this instrument is to maintain the continuity and effectiveness of the Home Affairs portfolio by providing a structured approach to ministerial acting arrangements, thereby facilitating the smooth operation of governmental functions.

Scope and Application

The F2025N01002 Notifiable instrument, titled Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 11) 2025I, pertains to the authorisation of Tony Burke, who is serving in multiple capacities including Minister for Home Affairs, Minister for Immigration and Citizenship, Minister for Cyber Security, and Minister for the Arts. This instrument revokes its predecessor, the Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 10) 2025, and it comes into effect immediately upon signing. The legislation applies specifically to the acting arrangements within the Home Affairs portfolio, impacting the conduct and administrative actions of the relevant ministers. Its jurisdictional reach is confined to the Commonwealth level, ensuring alignment with federal legislative frameworks. The authorisation under this instrument provides the necessary legal backing for the ministerial functions and decisions pertaining to the aforementioned portfolios, ensuring continuity and compliance with statutory provisions.

Key Provisions

The primary sections of the Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 11) 2025 (the "Instrument") revoke the earlier Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 10) 2025 (subsection 34AAB(1)). The Instrument is effective immediately after it is signed, as stated in section 19 of the Acts Interpretation Act 1901. This revocation signifies a change in the acting arrangements for the Home Affairs Portfolio, likely intended to update or replace the previous authorisation with new provisions or amendments. The Act imposes several obligations on the parties it governs. Firstly, it mandates that Tony Burke, acting in his capacity as the Minister for Home Affairs, Minister for Immigration and Citizenship, Minister for Cyber Security, and Minister for the Arts, must operate under the authority granted by section 19 of the Acts Interpretation Act 1901. This authorisation allows him to perform ministerial functions in relation to the Home Affairs Portfolio. Additionally, the Instrument itself requires that the new authorisation replaces the previous one, ensuring a seamless transition in the ministerial acting arrangements. Failure to comply with the provisions of the Act could lead to various consequences. While the specific offences and penalties are not detailed in the text provided, breaches of ministerial authorisations under the Acts Interpretation Act 1901 could potentially lead to civil or criminal liability. The Act may provide for penalties such as fines or other sanctions for non-compliance, although these would be determined by the specific provisions of the Act and any related legislation. The exact nature and extent of the penalties are not specified in the text, but they could include administrative actions, legal proceedings, or other remedies available under Australian law. The revocation of the previous authorisation also implies that any actions taken under the old authorisation may need to be reassessed or revalidated under the new provisions. This could impact the legality or validity of decisions made under the old authorisation, requiring careful review and possibly re-approval to ensure compliance with the new arrangements. The continuous operation of the Home Affairs Portfolio depends on these authorisations being properly executed and updated, which is crucial for maintaining the efficiency and legality of governmental functions in this portfolio.