Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 17) 2024

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 17) 2024I was enacted to facilitate the smooth transfer of responsibilities between ministers within the Home Affairs Portfolio. This notifiable instrument was introduced to address the need for clear and lawful arrangements to ensure continuity in the administration of government functions when one minister is temporarily unable to perform their duties. Authorised by Jenny McAllister, Minister for Emergency Management, and taking effect under the authority of the Acts Interpretation Act 1901, this authorisation empowers Catherine King, Minister for Infrastructure, Transport, Regional Development, and Local Government, to act on McAllister's behalf during a specified period. The authorisation aims to maintain the effective governance of the portfolio and the smooth operation of related governmental functions over the defined period, ultimately ensuring public services are uninterrupted.

Scope and Application

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 17) 2024 pertains to the delegation of ministerial powers within the Home Affairs portfolio, specifically focusing on the authority of Jenny McAllister, the Minister for Emergency Management. Under this authorisation, Catherine King, the Minister for Infrastructure, Transport, Regional Development and Local Government, is authorised to act on behalf of Jenny McAllister during a specified period from 16 December 2024 to 22 December 2024. This authorisation is limited to the functions, duties, and powers that Jenny McAllister may perform or exercise under any Commonwealth law, and it is explicitly revoked on 23 December 2024. The geographic scope of this authorisation is national, as it pertains to the exercise of federal powers. This authorisation does not extend to any specific exclusions or exemptions, but rather operates within the constraints of the underlying laws under which Jenny McAllister's powers are derived.

Key Provisions

The primary operative sections of the legislation, F2024N01141 (Notifiable instrument), are found in the Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 17) 2024I. This instrument specifically authorises Catherine King, Minister for Infrastructure, Transport, Regional Development and Local Government, to act on behalf of Jenny McAllister, the Minister for Emergency Management, during a specified period from 16 December 2024 to 22 December 2024. This authorisation is given under section 19 of the Acts Interpretation Act 1901 and is further detailed under subsection 34AAB(1) of that Act. Essentially, it empowers Catherine King to perform the functions, duties, or exercise the powers that Jenny McAllister would normally handle under any Commonwealth law during the mentioned timeframe. The authorisation ceases to be effective from 23 December 2024. The Act imposes several obligations and requirements on the parties involved. Jenny McAllister, as the Minister for Emergency Management, must ensure that the functions, duties, or powers she delegates to Catherine King are carried out in accordance with the law. Catherine King, in her role as the acting Minister, must exercise the delegated powers responsibly and within the bounds of the law. Both ministers must ensure that any actions taken during this period are legitimate and comply with the relevant legislative requirements. The authorisation also necessitates that all actions taken by Catherine King during the specified period are documented and reported appropriately to maintain transparency and accountability. Breaching the terms of this authorisation could lead to several consequences. While the legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance, any actions taken outside the scope of this authorisation or in breach of the terms could be considered unlawful. Such actions might result in legal challenges or administrative consequences, depending on the severity and nature of the breach. It is essential for both ministers to adhere strictly to the terms of the authorisation to avoid any potential repercussions. The potential penalties or consequences would likely be determined by the courts or relevant authorities based on the specific circumstances of the breach.