Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 2) 2024
(1) I, Andrew Giles, Minister for Immigration, Citizenship and Multicultural Affairs, under subsection 34AAB(1) of the Acts Interpretation Act 1901 (the Act):
(a) authorise Patrick Conroy, Minister for Defence Industry and Minister for International Development and the Pacific, during the period that begins on 3 April 2024 and ends on 4 April 2024, to act on my behalf in the performance of my functions and duties, or the exercise of my powers, that I may perform or exercise under an Act or a provision of an Act; and
(b) in accordance with subsection 34AAB(4) of the Act—revoke the instrument titled Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 1) 2024.
(2) This instrument:
(a) commences immediately after it is signed; and
(b) is revoked on 5 April 2024.
Dated 26 March 2024
Andrew Giles
Minister for Immigration, Citizenship and Multicultural Affairs
Overview
The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 2) 2024 was enacted to provide for the temporary delegation of certain ministerial functions, duties, and powers between relevant ministers within the Home Affairs Portfolio. This notifiable instrument addresses the need for seamless ministerial transitions, ensuring that essential government functions continue without interruption. Authorised by Andrew Giles, the Minister for Immigration, Citizenship and Multicultural Affairs, under subsection 34AAB(1) of the Acts Interpretation Act 1901, the instrument facilitates the acting arrangements for Patrick Conroy, the Minister for Defence Industry and Minister for International Development and the Pacific, for the period from 3 April 2024 to 4 April 2024. It revokes the previous authorisation issued under the same act, reflecting the dynamic nature of ministerial roles and responsibilities within the Australian government.
Scope and Application
The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 2) 2024 applies specifically to the authorisation of Patrick Conroy, Minister for Defence Industry and Minister for International Development and the Pacific, to act on behalf of Andrew Giles, Minister for Immigration, Citizenship and Multicultural Affairs, during a limited period of 24 hours, from 3 April 2024 to 4 April 2024. This authorisation is granted under the authority of subsection 34AAB(1) of the Acts Interpretation Act 1901, and it allows Patrick Conroy to perform or exercise the functions, duties, and powers that Andrew Giles might otherwise perform or exercise under the Act or any provision of an Act. Additionally, this instrument revokes the previous instrument titled Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 1) 2024, in accordance with subsection 34AAB(4) of the Act. The instrument commences immediately upon signing and is effective until revoked on 5 April 2024.
Key Provisions
The primary sections of this notifiable instrument, F2024N00260, authorise Patrick Conroy, the Minister for Defence Industry and Minister for International Development and the Pacific, to act on behalf of Andrew Giles, the Minister for Immigration, Citizenship and Multicultural Affairs, from 3 April 2024 until 4 April 2024. This authorisation allows Patrick Conroy to perform Andrew Giles' functions, duties, and exercise powers under any Act or provision of an Act during the specified period (section 1(1)). Furthermore, this instrument revokes a previous authorisation, Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 1) 2024, in accordance with subsection 34AAB(4) of the Acts Interpretation Act 1901 (section 1(1)(b)).
The Act imposes specific obligations on the parties involved. Andrew Giles, the Minister for Immigration, Citizenship and Multicultural Affairs, must ensure that Patrick Conroy is adequately briefed and capable of performing the required functions and duties during the authorised period. Patrick Conroy, as the acting minister, must exercise his authority within the scope of the authorisation and adhere to any specific instructions or guidelines provided by Andrew Giles. Both ministers must comply with the legal and procedural requirements outlined in the Acts Interpretation Act 1901.
Failure to comply with the provisions of this notifiable instrument may result in various consequences. While the specific offences and penalties are not detailed in the instrument, breaches of ministerial duties or improper use of authorised powers could lead to legal challenges, administrative reviews, or disciplinary actions under the relevant Acts and the Acts Interpretation Act 1901. The penalties for such breaches may include fines, imprisonment, or other civil or criminal sanctions as prescribed by the applicable legislation. The exact penalties would depend on the nature and severity of the breach, as well as the specific legal framework governing the ministers' actions.