Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 14) 2025

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 14) 2025I, enacted on 22 December 2025, was introduced to streamline and update the ministerial acting arrangements for the Home Affairs Portfolio. This notifiable instrument was issued by Tony Burke, acting as Minister for Home Affairs, Minister for Immigration and Citizenship, Minister for Cyber Security, and Minister for the Arts. The primary objective of this authorisation is to revoke previous instruments, namely the Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 12) 2025 and (No. 13) 2025, to provide clarity and ensure that the most current authorisations are in effect. This ensures that the administration of the Home Affairs Portfolio adheres to the most recent legislative and policy directives.

Scope and Application

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 14) 2025, signed by Tony Burke who holds the offices of Minister for Home Affairs, Minister for Immigration and Citizenship, Minister for Cyber Security, and Minister for the Arts, revokes the previously authorised instruments (No. 12 and No. 13) from 2025. This revocation is pursuant to subsection 34AAB(1) of the Acts Interpretation Act 1901, in line with subsection 34AAB(4) of that Act. The instrument's commencement occurs immediately following its signing, which took place on 22 December 2025 at 5:36 pm. The revocation impacts the authorisation arrangements for the Home Affairs Portfolio, thereby affecting the roles and responsibilities of the specified ministers under the Acts Interpretation Act 1901.

Key Provisions

The main operative sections of this notifiable instrument are straightforward yet significant in their scope and effect. Under section 1(a) and 1(b), it revokes two previously issued authorisations, namely the Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 12) 2025 and the Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 13) 2025. This revocation takes effect immediately upon the signing of the instrument, as stated in section 1(c). The revocation of these authorisations means that the specific arrangements previously in place under those authorisations are no longer effective, and any actions or decisions based on those authorisations must now be reviewed or re-evaluated under new or existing legal frameworks. The obligations and requirements imposed by this Act primarily concern the administration and oversight of ministerial acting arrangements within the Home Affairs Portfolio. By revoking the authorisations, the Act ensures that any ministerial delegations or acting arrangements that were previously in place are now null and void. This necessitates a reassessment of how decisions within the Home Affairs Portfolio are made and who has the authority to act on behalf of the relevant Ministers. The Act imposes a duty on the relevant parties to align their operations with the current legal requirements and to ensure that all actions are taken within the bounds of the law as it currently stands. The instrument also sets forth specific consequences for non-compliance with the revocation of the authorisations. While the notifiable instrument itself does not explicitly list offences or penalties, the revocation of the authorisations means that any actions taken under the now-null authorisations may be considered unlawful. This could lead to various civil or criminal consequences depending on the nature and impact of the actions taken. It is crucial for the parties and entities governed by this Act to ensure they are operating under valid and current authorisations to avoid any legal repercussions. The maximum penalties for non-compliance would typically be dictated by the specific laws under which the unauthorised actions were taken, and could range from fines to more severe criminal charges depending on the severity and intent of the breach.