Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 16) 2024

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 16) 2024I, enacted in 2024, provides a temporary authorisation for the delegation of ministerial functions within the Home Affairs Portfolio. This instrument was introduced to address the need for flexibility in ministerial roles and responsibilities, ensuring that critical governmental functions continue seamlessly during periods of ministerial absence or transition. Authorised by Tony Burke, the Minister for Home Affairs, Immigration and Multicultural Affairs, Cyber Security, and the Arts, this notifiable instrument aims to maintain the operational integrity of the Home Affairs Portfolio by allowing for the delegation of specific functions and duties to another minister, in this instance Murray Watt, the Minister for Employment and Workplace Relations, for a defined period. The authorisation underscores the importance of continuity in governmental functions and the policy objective of ensuring that essential services and legislative duties are not disrupted by ministerial changes.

Scope and Application

The Notifiable instrument F2024N01100 pertains to the authorisation of a Minister to act on behalf of another Minister for a specified period. This legislation applies to the administrative arrangements within the Home Affairs portfolio, specifically allowing the Minister for Employment and Workplace Relations, Murray Watt, to act for Tony Burke, the Minister for Home Affairs, Minister for Immigration and Multicultural Affairs, Minister for Cyber Security, and Minister for the Arts, during the period starting on 6 January 2025 and ending on 13 January 2025. This authorisation is granted under the Acts Interpretation Act 1901, and it is contingent upon the specified conditions of section 19 and subsection 34AAB(1) of that Act. The instrument will be revoked on 14 January 2025, ensuring the temporary delegation of authority remains within the legal framework of the Commonwealth.

Key Provisions

The primary operative sections of the F2024N01100 Notifiable Instrument establish the authorisation for Murray Watt, the Minister for Employment and Workplace Relations, to act on behalf of Tony Burke, the Minister for Home Affairs, Minister for Immigration and Multicultural Affairs, Minister for Cyber Security, and Minister for the Arts, during a specified period. Section 2 of the instrument authorises Murray Watt to perform functions and duties or exercise powers on behalf of Tony Burke from 6 January 2025 to 13 January 2025. This authorisation is grounded in section 19 of the Acts Interpretation Act 1901 and under subsection 34AAB(1) of that Act. The instrument is explicitly revoked on 14 January 2025, ensuring that the delegation of authority does not extend beyond the defined timeframe. The Notifiable Instrument imposes specific obligations on the parties involved. Tony Burke, in his various ministerial capacities, must ensure that the delegation of authority to Murray Watt is within the legal boundaries set forth in the Acts Interpretation Act 1901. Murray Watt, as the acting Minister, must exercise the delegated functions, duties, and powers diligently and in accordance with the laws under which Tony Burke operates. Both ministers must adhere to the timeframe stipulated in the instrument, with Murray Watt's authority ceasing immediately upon the revocation date. Failure to comply with the terms of the Notifiable Instrument can lead to serious consequences. While the instrument itself does not explicitly outline specific offences, penalties, or civil and criminal consequences for breach, any unauthorised acts performed by Murray Watt outside the scope of his delegated authority could potentially lead to legal repercussions under the broader legal framework of the Acts Interpretation Act 1901 and related legislation. Any breach of the terms of the authorisation could result in disciplinary action, legal proceedings, or other consequences as determined by the applicable laws and regulations. The precise penalties would depend on the nature and severity of the breach, but they could include fines, imprisonment, or other civil or criminal sanctions as prescribed by law.