Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 14) 2024

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 14) 2024I, enacted by Tony Burke, the Minister for Home Affairs, Minister for Immigration and Multicultural Affairs, Minister for Cyber Security, and Minister for the Arts, was introduced to address the need for temporary delegation of ministerial responsibilities within the Home Affairs portfolio. Authorised under section 19 of the Acts Interpretation Act 1901 and subsection 34AAB(1) of that Act, this notifiable instrument permits Murray Watt, the Minister for Employment and Workplace Relations, to act on behalf of Tony Burke during a specified period from 16 December 2024 to 20 December 2024. The authorisation ensures continuity in the administration and implementation of relevant laws during the temporary absence of the primary minister, thereby maintaining the effective governance of the portfolio's responsibilities. The authorisation is set to be revoked on 21 December 2024.

Scope and Application

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 14) 2024I applies to Tony Burke, who holds multiple ministerial roles within the Commonwealth government, including Minister for Home Affairs, Minister for Immigration and Multicultural Affairs, Minister for Cyber Security, and Minister for the Arts. This authorisation pertains to Murray Watt, the Minister for Employment and Workplace Relations, who is granted the authority to act on behalf of Tony Burke in the performance of his functions, duties, and powers under any law of the Commonwealth during the specified period from 16 December 2024 to 20 December 2024. The authorisation is specifically in accordance with section 19 of the Acts Interpretation Act 1901 and under subsection 34AAB(1) of that Act. The authorisation is effective until it is revoked on 21 December 2024, thereby limiting its application strictly to the designated timeframe.

Key Provisions

The primary operative sections of the F2024N01098 Notifiable instrument are contained within the administrative instrument ADMIN 24/161, which authorises a specific ministerial arrangement for 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, authorises Murray Watt, the Minister for Employment and Workplace Relations, to act on his behalf during the period from 16 December 2024 to 20 December 2024 (section 1). This authorisation encompasses the performance of any functions, duties, or powers under any Commonwealth law as permitted by the authorising minister. This instrument is explicitly revoked on 21 December 2024, ensuring that the delegation of authority is strictly time-bound. The obligations and requirements imposed by the Act are primarily centred around the delegation of authority from Tony Burke to Murray Watt for a limited period. Tony Burke, in his capacity as the Minister for Home Affairs, Minister for Immigration and Multicultural Affairs, Minister for Cyber Security, and Minister for the Arts, must ensure that the delegation is clearly defined and communicated to all relevant parties. Murray Watt, as the acting minister, must exercise the delegated powers and duties within the scope and timeframe specified in the instrument. The Act mandates that any actions taken by Murray Watt during the authorised period must be consistent with the laws and policies of the Commonwealth. There are no explicit offences, penalties, or civil/criminal consequences outlined within the F2024N01098 Notifiable instrument itself. However, any actions taken by Murray Watt during the period of authorisation must comply with existing laws and regulations. If Murray Watt exceeds the scope of the delegated authority or fails to act within the stipulated timeframe, the actions may be subject to review and potential consequences under the relevant laws. The primary focus of the instrument is to ensure a smooth transition of ministerial duties rather than to impose specific penalties for breaches of the authorisation itself.