Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 13) 2024

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 13) 2024I was enacted in 2024 to address the need for seamless ministerial transitions in the Home Affairs portfolio. This legislation provides an authorised framework for the delegation of ministerial functions and duties, ensuring continuity of government operations in the event of temporary absence or incapacity of the primary minister. Authorised by Tony Burke, the Minister for Home Affairs, Immigration and Multicultural Affairs, Cyber Security, and the Arts, the act aims to maintain the efficient operation of governmental functions within the specified timeframe, thereby upholding the policy objective of uninterrupted service delivery. The authorisation empowers Murray Watt, the Minister for Employment and Workplace Relations, to act on behalf of Tony Burke from 3:45 pm on 2 December 2024 until 10:00 pm on 4 December 2024, with the instrument being revoked on 5 December 2024. This legal instrument ensures that essential duties and powers can be exercised without delay, reflecting the legislative intent to provide a robust mechanism for ministerial acting arrangements within the Home Affairs portfolio.

Scope and Application

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 13) 2024I, enacted under the authority of section 19 of the Acts Interpretation Act 1901, specifies the delegation of certain powers from Tony Burke, the Minister for Home Affairs, Minister for Immigration and Multicultural Affairs, Minister for Cyber Security, and Minister for the Arts, to Murray Watt, the Minister for Employment and Workplace Relations. This authorisation is limited to a specific period from 3:45 pm on 2 December 2024 to 10:00 pm on 4 December 2024, after which it will be revoked on 5 December 2024. The scope of this authorisation includes the performance of functions, duties, and the exercise of powers under any Commonwealth law, thereby allowing Murray Watt to act on behalf of Tony Burke during the designated timeframe. The jurisdictional reach of this authorisation is confined to the Commonwealth level, impacting the scope of ministerial functions and responsibilities within the specified period.

Key Provisions

The F2024N01101 (Notifiable instrument) provides specific authorisation for a ministerial arrangement within the Home Affairs portfolio. Under section 19 of the Acts Interpretation Act 1901, Tony Burke, the Minister for Home Affairs, Minister for Immigration and Multicultural Affairs, Minister for Cyber Security, and Minister for the Arts, has delegated his authority to Murray Watt, the Minister for Employment and Workplace Relations, for a specific period. This delegation of authority allows Murray Watt to act on behalf of Tony Burke during the period beginning at 3:45 pm on 2 December 2024 and ending at 10:00 pm on 4 December 2024, encompassing functions, duties, and powers related to the Home Affairs portfolio. This Act imposes clear obligations on the authorised minister, Murray Watt, to perform the delegated functions and duties within the specified timeframe. The delegation is limited to the exercise of powers under any law of the Commonwealth, ensuring that Murray Watt’s authority is constrained to the scope defined by Tony Burke. Additionally, the authorisation ceases to be effective on 5 December 2024, as stipulated in the revocation clause, ensuring a temporary nature of the delegation. Failure to comply with the provisions of this notifiable instrument could result in various consequences. Although the specific offences and penalties are not detailed in this particular instrument, any breach of delegation terms under the Acts Interpretation Act 1901 could lead to administrative penalties or legal action for misuse of authority. The consequences may vary depending on the nature and extent of the breach, but they typically include corrective measures to restore lawful ministerial arrangements.