Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 15) 2024

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 15) 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, authorises Mark Butler, the Minister for Health and Aged Care, to act on behalf of Tony Burke during a specified period. This authorisation addresses the need for a seamless transition of ministerial duties and responsibilities within the Home Affairs portfolio. The instrument, which is revoked on 23 December 2024, aligns with the legislative framework under the Acts Interpretation Act 1901, ensuring continuity in the execution of functions and powers related to the Home Affairs portfolio during the designated timeframe. The policy objective of this authorisation is to maintain operational effectiveness and governance within the relevant ministerial functions and duties.

Scope and Application

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 15) 2024I applies to the ministerial portfolio of the Minister for Home Affairs, which encompasses various functions and duties under Commonwealth law. This authorisation allows Mark Butler, the Minister for Health and Aged Care, to act on behalf of Tony Burke, the Minister for Home Affairs, Immigration and Multicultural Affairs, Cyber Security, and the Arts, during a specific period from 21 December 2024 to 22 December 2024. The scope of this authorisation is limited to the performance of functions, duties, and the exercise of powers under any Commonwealth law within the purview of the Home Affairs portfolio during this interim period. The instrument is designed to ensure continuity of governance and ministerial responsibilities within the specified timeframe and is revoked on 23 December 2024.

Key Provisions

The main operative sections of the Notifiable Instrument F2024N01099 pertain to the authorisation of a ministerial acting arrangement within the Home Affairs portfolio. Specifically, section 1(1) details that Tony Burke, the Minister for Home Affairs, Immigration and Multicultural Affairs, Cyber Security, and the Arts, has authorised Mark Butler, the Minister for Health and Aged Care, to act on his behalf during the specified period from 21 December 2024 to 22 December 2024. This authorisation allows Mark Butler to perform functions, duties, or exercise powers that Tony Burke may perform or exercise under any Commonwealth law during this period (section 1(2)). The instrument is revoked on 23 December 2024 as per section 2. The obligations and requirements imposed by the Act pertain to the clear delineation of roles and responsibilities during the authorised acting period. Tony Burke must ensure that Mark Butler is fully briefed and equipped to act on his behalf for the specified functions and duties. Mark Butler, in turn, is required to perform his duties with the same authority and responsibility as Tony Burke would. Both ministers must adhere to the specific terms and timeframes outlined in the instrument to maintain the integrity and continuity of the ministerial duties. Offences, penalties, or civil/criminal consequences for breaches are not explicitly stated within the text of the instrument. However, any failure to adhere to the terms of the authorisation could result in administrative consequences or potential legal challenges regarding the validity of actions taken by Mark Butler during his authorised period. The specific legal consequences would depend on the nature and impact of the breach, including any relevant Commonwealth laws governing ministerial duties and authorisations.