Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 2) 2025

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 2) 2025I was enacted in 2025 to provide a framework for the delegation of ministerial duties within the Home Affairs portfolio. This authorisation addresses the need for flexibility in ministerial roles, allowing for seamless transitions and continuity in government operations during temporary absences or other exigencies. Authorised by Tony Burke, the Minister for Home Affairs, Immigration and Citizenship, Cyber Security, and the Arts, the legislation enables the delegation of specific functions to another minister, in this case, Mark Butler, the Minister for Health and Ageing and the National Disability Insurance Scheme. The policy objective is to ensure that the administration of the Home Affairs portfolio remains uninterrupted during the specified period, from 9:30 am AEST on 14 May 2025 to 11:45 pm AEST on 16 May 2025, thereby maintaining the effective governance and delivery of public services.

Scope and Application

The Notifiable Instrument F2025N00369 applies to any individual or entity within the Commonwealth of Australia that is engaged in activities or transactions that fall under the purview of the Home Affairs Portfolio. This encompasses a broad range of persons, including government officials, private businesses, and non-profit organisations, as well as specific industries that are subject to regulations overseen by the Home Affairs department. The instrument mandates that certain activities or transactions be reported to the relevant authorities, ensuring transparency and compliance with federal regulations. The geographic reach of this Act is limited to the Commonwealth, meaning it applies nationwide, and it does not extend to state or territory jurisdictions. Subordinate instruments may further refine or expand upon the application of this Act, detailing specific reporting requirements and exceptions. There are no stated exclusions or exemptions in the primary text of the Act, though the subordinate instruments might introduce specific thresholds or conditions that dictate the applicability of the notification requirements.

Key Provisions

The key sections of this legislation, the Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 2) 2025I, pertain primarily to the authorisation of a specific Minister to act on behalf of another Minister during a specified period (section 2). This authorisation empowers Mark Butler, Minister for Health and Ageing and Minister for Disability and the National Disability Insurance Scheme, to perform certain functions, duties, or powers of Tony Burke, who holds the roles of Minister for Home Affairs, Minister for Immigration and Citizenship, Minister for Cyber Security, and Minister for the Arts. This arrangement is in accordance with section 19 of the Acts Interpretation Act 1901 and under subsection 34AAB(1) of that Act. The authorisation is effective from 9:30 am AEST on 14 May 2025 until 11:45 pm AEST on 16 May 2025, and it is revoked on 17 May 2025. The Act imposes specific obligations on the parties involved. Firstly, Tony Burke, the Minister delegating his authority, must ensure that Mark Butler is adequately informed and prepared to perform the functions and duties on his behalf. This includes providing Mark Butler with necessary documentation, briefings, and any other information required to execute his responsibilities effectively. Secondly, Mark Butler, the acting Minister, must diligently and faithfully perform the duties and exercise the powers authorised by Tony Burke during the specified period. This includes adhering to all legal requirements and ensuring that actions taken are within the scope of the delegated authority. There are no explicit offences, penalties, or civil/criminal consequences outlined in this particular piece of legislation for breach of the authorisation terms. However, any actions taken by Mark Butler outside the scope of the authorised functions or duties could potentially lead to legal consequences under other applicable laws. It is important that both Ministers involved in this arrangement act within the bounds of their legal authority and the specific terms outlined in this authorisation. Any significant deviations or unauthorised actions could result in broader legal scrutiny and potential repercussions under other legislative frameworks.