Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 2) 2026

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 2) 2026I, enacted on 16 February 2026, authorises the Attorney-General, Michelle Rowland, to act on behalf of Tony Burke, who is the Minister for Home Affairs, Minister for Immigration and Citizenship, Minister for Cyber Security, and Minister for the Arts, during a specific period from 24 February 2026 to 1 March 2026. This authorisation was issued under the authority of section 19 of the Acts Interpretation Act 1901 and subsection 34AAB(1) of that Act, and it aims to ensure continuity in the performance of ministerial functions or duties, and the exercise of powers, during a temporary absence or incapacity of the primary minister. The instrument is designed to maintain governance and administrative efficiency within the Home Affairs portfolio during this interim period and will be revoked on 2 March 2026.

Scope and Application

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 2) 2026I pertains to the delegation of authority within the Home Affairs portfolio, encompassing various ministerial roles such as Home Affairs, Immigration and Citizenship, Cyber Security, and the Arts. This notifiable instrument authorises Michelle Rowland, the Attorney-General, to act on behalf of Tony Burke, the Minister for these portfolios, during the specified period from 24 February 2026 to 1 March 2026. This authorisation allows Michelle Rowland to perform functions, duties, and exercise powers under any Commonwealth law that Tony Burke would otherwise undertake during this timeframe. It is important to note that this authorisation is revoked upon the conclusion of 1 March 2026, ensuring the temporary nature of the delegation. This instrument adheres to the requirements of the Acts Interpretation Act 1901, specifically section 19 and subsection 34AAB(1), to facilitate the seamless operation of the ministerial functions within the stated period.

Key Provisions

The main operative sections of the ADMIN 26/056 Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 2) 2026I pertain to the delegation of authority from Tony Burke, the Minister for Home Affairs, Minister for Immigration and Citizenship, Minister for Cyber Security, and Minister for the Arts, to Michelle Rowland, the Attorney-General, for the specified period from 24 February 2026 to 1 March 2026. This authorisation is grounded in section 19 of the Acts Interpretation Act 1901 and is further substantiated by subsection 34AAB(1) of that Act. This delegation allows Michelle Rowland to perform functions or duties and exercise powers that Tony Burke would normally undertake under any Commonwealth law during the mentioned period. The instrument is explicitly revoked on 2 March 2026, ensuring that the delegation of authority ceases immediately upon the conclusion of the specified timeframe. In terms of obligations and requirements, the Act imposes a clear and defined period during which Michelle Rowland is authorised to act on behalf of Tony Burke. This periodisation ensures that the delegation of authority is strictly limited to the dates mentioned, from 24 February 2026 to 1 March 2026. Additionally, Michelle Rowland must ensure that any actions taken within this period are in accordance with the laws and duties under which Tony Burke would ordinarily operate. This includes adherence to the relevant statutes, policies, and any other legal frameworks that govern the functions and duties of the Home Affairs Portfolio, Immigration and Citizenship, Cyber Security, and the Arts. The Act also outlines the consequences for any breaches or non-compliance with the provisions outlined in the instrument. While the Act itself does not specify particular offences or penalties for breaches, it is understood that any actions taken outside the authorised period or in a manner inconsistent with the duties of the office could result in broader legal consequences under the relevant Commonwealth laws. Such consequences might include disciplinary actions, legal challenges, or other forms of redress available under Australian administrative and public law. The precise penalties would depend on the nature and severity of the breach, as well as the specific laws under which Tony Burke's duties are exercised. It is important to note that the revocation of the instrument on 2 March 2026 means that Michelle Rowland's authority to act on behalf of Tony Burke terminates at the end of that day. Any actions taken after this date without proper authorisation could be considered unauthorised and might lead to the aforementioned legal consequences. Therefore, both Tony Burke and Michelle Rowland must be vigilant in ensuring that the delegation of authority is strictly adhered to within the stipulated timeframe to avoid any inadvertent legal ramifications.