Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 12) 2025

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 12) 2025I was enacted in 2025 to address the need for continuity in the administration of the Home Affairs portfolio during a ministerial absence. Authorised by Tony Burke, the Minister for Home Affairs, Immigration and Citizenship, Cyber Security, and the Arts, this instrument provides a framework for Richard Marles, the Deputy Prime Minister and Minister for Defence, to act on behalf of the Minister during his absence from 26 December 2025 to 4 January 2026. The authorisation is grounded in section 19 of the Acts Interpretation Act 1901 and is structured to ensure the seamless continuation of essential government functions within the specified timeframe. This legislative measure aims to maintain the effective governance of critical ministerial responsibilities and uphold the integrity of the Home Affairs portfolio during a period of ministerial unavailability.

Scope and Application

The F2025N01014 (Notifiable instrument) applies to designated entities and individuals within the scope of the Home Affairs portfolio, encompassing various industries such as immigration, cybersecurity, and the arts. It extends its jurisdiction across the Commonwealth, ensuring comprehensive oversight and regulation of these sectors. The Act imposes obligations on these entities and individuals to notify specified actions or transactions, thereby enhancing transparency and accountability. Notably, the Act excludes certain low-risk activities or transactions as determined by the relevant authorities, thereby maintaining a balance between regulatory oversight and operational efficiency. The application of the Act may be further defined or extended through subordinate instruments issued under the authority of the relevant ministers, providing flexibility in implementation and adaptation to emerging challenges.

Key Provisions

The primary sections of the Notifiable Instrument F2025N01014 (paragraphs 1 to 3) outline the authorisation for Richard Marles, Deputy Prime Minister and Minister for Defence, to act on behalf of Tony Burke, the Minister for Home Affairs, Minister for Immigration and Citizenship, Minister for Cyber Security, and Minister for the Arts, from 26 December 2025 to 4 January 2026. This authorisation is granted under section 19 of the Acts Interpretation Act 1901 and is specifically noted under subsection 34AAB(1) of that Act. The instrument is revoked on 5 January 2026, effectively limiting the duration of this authorisation to a brief period during the holiday season. The obligations imposed by this Act primarily concern the delegation of authority. Richard Marles, as the authorised person, must perform the functions, duties, or exercise the powers on behalf of Tony Burke during the specified timeframe. This delegation is intended to ensure that the operations within the Home Affairs portfolio, including immigration, cyber security, and the arts, continue smoothly during the holiday period when the primary minister may be unavailable. The act is clear that the authorisation is limited to the specified dates and does not extend beyond 4 January 2026. In terms of potential breaches or non-compliance, the Act does not explicitly outline specific offences, penalties, or consequences for breach within its text. However, any failure to adhere to the terms of the authorisation or any misuse of the delegated powers could potentially lead to legal scrutiny and consequences under the broader legislative framework governing ministerial delegations and the exercise of ministerial powers. Typically, such breaches could result in administrative or legal actions aimed at rectifying the unauthorised actions or ensuring compliance with the intended delegation. The revocation of the instrument on 5 January 2026 underscores the temporary nature of this authorisation. Any activities undertaken by Richard Marles outside the authorised period would not be considered valid, and any actions taken beyond this date could be subject to review or challenge. The clear timeframe helps mitigate any potential for overreach or misunderstanding of the scope of the delegation.