Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 13) 2025

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 13) 2025I was enacted to facilitate the delegation of authority within the Home Affairs portfolio. This authorisation was introduced to address the need for seamless ministerial transitions and the efficient execution of duties during temporary absences or specific periods when a minister might be otherwise occupied. Authorised by Tony Burke, the Minister for Home Affairs, Immigration and Citizenship, Cyber Security, and the Arts, the instrument allows for the delegation of his functions and powers to Mark Butler, the Minister for Health and Ageing and the Minister for Disability and the National Insurance Disability Scheme, from 5 January 2026 to 9 January 2026. The policy objective is to ensure continuity in the governance and administration of Home Affairs portfolio responsibilities during the specified period, thereby maintaining the effective operation of relevant laws and policies. This notifiable instrument, which revokes on 10 January 2026, underscores the structured approach to ministerial authorisations as per the Acts Interpretation Act 1901.

Scope and Application

The F2025N01015 Notifiable instrument pertains to the authorisation of ministerial acting arrangements within the Home Affairs Portfolio and related areas, effective from 5 January 2026 to 9 January 2026. It authorises Mark Butler, the Minister for Health and Ageing and Minister for Disability and the National Insurance Disability Scheme, 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, during this specified period. The authorisation allows Mark Butler to perform or exercise any functions, duties, or powers under any Commonwealth law as if he were Tony Burke. The instrument is revoked on 10 January 2026, ensuring that the temporary delegation of authority is strictly limited to the defined timeframe. This arrangement is crucial for maintaining the continuity of government operations during a transitional period in ministerial responsibilities.

Key Provisions

The main operative sections of the Notifiable instrument F2025N01015 (Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 13) 2025I) involve the authorisation of a ministerial acting arrangement for the Home Affairs portfolio. Section 1 specifies that Tony Burke, Minister for Home Affairs, Minister for Immigration and Citizenship, Minister for Cyber Security, and Minister for the Arts, is authorising Mark Butler, Minister for Health and Ageing and Minister for Disability and the National Insurance Disability Scheme, to act on his behalf. This authorisation allows Mark Butler to perform or exercise functions, duties, or powers under any Commonwealth law during the specified period of 5 January 2026 to 9 January 2026. Section 2 states that this authorisation is revoked on 10 January 2026. This Act imposes specific obligations on the parties involved, primarily Tony Burke and Mark Butler. Tony Burke must ensure that the authorisation is communicated effectively and that all relevant stakeholders are informed of the acting arrangement. Mark Butler, as the acting Minister, must perform his duties diligently and within the scope of the powers authorised by Tony Burke. Both Ministers are obligated to act in accordance with the laws of the Commonwealth and to uphold the duties of their respective offices. In terms of consequences for breach, the Notifiable instrument F2025N01015 does not explicitly outline specific offences, penalties, or consequences for non-compliance. However, any breaches of the authorised duties or misuse of the powers granted could potentially lead to disciplinary actions, ministerial recalls, or other administrative consequences as per the general laws governing ministerial conduct and the specific Acts under which the functions are exercised. The penalties would depend on the nature and severity of the breach, in line with the applicable legal framework.