Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 3) 2025

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 3) 2025I was enacted to address the need for ministerial acting arrangements within the Home Affairs Portfolio, ensuring smooth governance continuity during transitional periods. Authorised by Kristy McBain, the Minister for Emergency Management, this instrument provides Madeleine King, the Minister for Resources and Minister for Northern Australia, with the authority to act on Kristy McBain's behalf for specified functions, duties, and powers under Commonwealth law from 8 to 20 September 2025. This arrangement is crucial for maintaining uninterrupted governance and policy implementation within the portfolio during the transition period, thereby ensuring public administration remains efficient and effective. The authorisation underscores the importance of clear and timely delegation of authority to facilitate seamless ministerial transitions and uphold the integrity of governmental operations.

Scope and Application

The F2025N00621 Notifiable Instrument pertains to a temporary delegation of authority within the Home Affairs Portfolio, specifically authorising Madeleine King, the Minister for Resources and Minister for Northern Australia, to act on behalf of Kristy McBain, the Minister for Emergency Management. This authorisation is limited to the period starting on 8 September 2025 and concluding on 20 September 2025. The authorisation encompasses any functions, duties, or powers that Kristy McBain might perform or exercise under any Commonwealth law during this specified timeframe. The instrument is grounded in the Acts Interpretation Act 1901, where it draws its authority from section 19 and subsection 34AAB(1). This notifiable instrument does not detail specific exclusions or thresholds, nor does it address geographic or jurisdictional reach as it is narrowly focused on the delegation of ministerial powers within the Commonwealth framework. The instrument will automatically revoke on 21 September 2025.

Key Provisions

The main sections of the F2025N00621 Notifiable Instrument pertain to the authorisation of a Minister to act on behalf of another Minister. Specifically, section 19 of the Acts Interpretation Act 1901 is invoked to enable Madeleine King, who holds the roles of Minister for Resources and Minister for Northern Australia, to perform functions or duties, or exercise powers, that would ordinarily be carried out by Kristy McBain, the Minister for Emergency Management, during a specific period. This period runs from 8 September 2025 to 20 September 2025 (subsection 34AAB(1)). The instrument will automatically cease to have effect on 21 September 2025 as per the terms of the authorisation. This Act imposes several obligations and requirements on the parties involved. Firstly, it mandates that Madeleine King act in accordance with the functions, duties, or powers delegated by Kristy McBain during the specified period. This delegation is explicitly outlined in the authorisation, ensuring that there is clear guidance on the scope of Madeleine King's responsibilities. Additionally, the Act requires Kristy McBain to revoke the instrument on 21 September 2025, ensuring that the delegation of authority does not extend beyond the authorised period. The Notifiable Instrument also outlines potential consequences for breaches of its provisions. Although the specific penalties or consequences are not detailed in this particular instrument, breaches of statutory authorisations can generally lead to significant legal repercussions. These might include administrative penalties, criminal charges, or civil actions depending on the nature and severity of the breach. Such breaches could also result in the revocation of the authorisation and disciplinary actions against the responsible officials. In summary, the F2025N00621 Notifiable Instrument serves to temporarily delegate specific ministerial functions and duties from Kristy McBain to Madeleine King for a defined period. It imposes clear obligations on both Ministers, ensuring that the delegation is carried out within the specified timeframe and is properly revoked thereafter. While the exact penalties for breaches are not outlined in this particular instrument, such breaches generally carry significant legal consequences.