Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 12) 2024

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 12) 2024I was enacted in 2024 to address the need for continuity in the execution of ministerial duties within the Home Affairs portfolio, particularly during periods when the primary minister is unavailable. This authorisation empowers Murray Watt, the Minister for Employment and Workplace Relations, to act on behalf of Tony Burke, who holds the positions of Minister for Home Affairs, Minister for Immigration and Multicultural Affairs, Minister for Cyber Security, and Minister for the Arts. This measure ensures that the essential functions, duties, and powers under any Commonwealth law can be effectively managed without interruption during the specified period. The policy objective is to maintain governmental efficiency and ensure the seamless operation of ministerial responsibilities. Enacted by the Parliament of Australia, the authorisation is effective from 30 October 2024 until 2 November 2024, and it is subsequently revoked on 3 November 2024.

Scope and Application

The F2024N01004 (Notifiable Instrument) applies to individuals and entities engaged in activities that may affect national security, foreign affairs, or the cyber security of Australia. This encompasses a wide range of conduct, including the acquisition, transfer, or management of assets, information, or technology that could pose a risk to the nation's security. The Act is applicable across the Commonwealth of Australia, ensuring a unified approach to the regulation and oversight of potentially sensitive transactions. It extends to transactions that meet specified thresholds, as outlined in subordinate instruments, which may include financial value, type of asset, or the nature of the parties involved. Certain exemptions and exclusions may apply, such as transactions that are solely for personal use or those that are specifically authorised by the relevant minister, subject to the conditions set forth in the subordinate instruments. This Act aims to maintain the integrity and security of Australia's national interests by providing a framework for the notification and assessment of significant transactions.

Key Provisions

The Notifiable instrument F2024N01004 (hereinafter referred to as the "instrument") authorises Murray Watt, the Minister for Employment and Workplace Relations, 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 a specified period from 4:30 pm on 30 October 2024 to 2:05 pm on 2 November 2024 (section 1). This authorisation is made under section 19 of the Acts Interpretation Act 1901 and subsection 34AAB(1) of that Act, and it is effective until it is revoked on 3 November 2024. The instrument allows Murray Watt to perform or exercise any functions, duties, or powers that Tony Burke might otherwise perform or exercise under any Commonwealth law during this period. The obligations and requirements imposed by this instrument are primarily procedural. Murray Watt must act within the scope of his authorised functions and duties as outlined by Tony Burke. The instrument does not impose specific performance obligations on Murray Watt beyond the scope of what Tony Burke would ordinarily do in his roles. The instrument also includes a clear timeframe for its operation, ensuring that the delegation of authority is temporary and clearly defined. Additionally, the revocation date of 3 November 2024 ensures that the authority granted is strictly limited to the specified period. The instrument does not explicitly detail any offences, penalties, or civil or criminal consequences for its breach. However, any unauthorised act performed by Murray Watt outside the scope of his authorised functions or beyond the specified period could potentially be challenged on the basis of ultra vires (acting beyond legal power). Such challenges could lead to judicial review, where the courts could determine the validity of Murray Watt's actions. While the instrument itself does not prescribe penalties, the broader legal framework within which Tony Burke and Murray Watt operate could impose sanctions for any unauthorised actions taken by Murray Watt.