Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 3) 2026

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 3) 2026I, enacted in 2026, serves to update and replace the previous authorisation, Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 2) 2026, concerning the delegation of certain powers to ministers within the Home Affairs portfolio. Authorised under the Acts Interpretation Act 1901 by Tony Burke, the Minister for Home Affairs, Minister for Immigration and Citizenship, Minister for Cyber Security, and Minister for the Arts, this notifiable instrument aims to streamline and clarify the acting arrangements within the portfolio. This revision seeks to address any inefficiencies or ambiguities in the prior authorisation, ensuring the smooth operation and accountability of the designated ministers' roles and responsibilities. The authorisation is intended to enhance the efficacy of ministerial oversight and decision-making within the Home Affairs portfolio.

Scope and Application

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 3) 2026I applies specifically to the Ministers within the Home Affairs Portfolio, namely Tony Burke, who holds the positions of Minister for Home Affairs, Minister for Immigration and Citizenship, Minister for Cyber Security, and Minister for the Arts. This instrument acts under subsection 34AAB(1) of the Acts Interpretation Act 1901, thereby granting the specified Ministers the authority to act in their respective roles in the absence of the primary officeholder. The authorisation is effective immediately upon signing and supersedes the previous authorisation (No. 2) 2026. The geographic and jurisdictional reach of this authorisation is limited to the Commonwealth of Australia, specifically empowering the Ministers within the Home Affairs portfolio to perform their duties in an acting capacity when necessary. There are no stated exclusions, exemptions, or thresholds within this authorisation, and it does not extend or restrict application through subordinate instruments.

Key Provisions

The key operative sections of the Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 3) 2026I, signed by Tony Burke, focus on the revocation of the previous authorisation (No. 2) 2026. Specifically, section 1 (1) revokes the earlier authorisation, allowing the current authorisation to take effect immediately upon signing. This action aligns with the provisions of the Acts Interpretation Act 1901, specifically subsections 34AAB(1) and 34AAB(4), which provide the legal basis for the authorisation's revocation and the subsequent immediate commencement of the new authorisation. The Act imposes certain obligations on Tony Burke as the Minister for Home Affairs, Minister for Immigration and Citizenship, Minister for Cyber Security, and Minister for the Arts. Under these roles, Burke is required to act in accordance with the stipulations outlined in the Acts Interpretation Act 1901. This includes ensuring that any acting arrangements within the Home Affairs portfolio are legally sound and that the transition from the previous authorisation to the new one is seamless and in compliance with the legislative framework. The Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, any non-compliance with the Acts Interpretation Act 1901 could potentially lead to legal challenges or repercussions, depending on the nature of the breach. The maximum penalties for breaches of the Acts Interpretation Act 1901 may vary depending on the specific provisions being contravened, but they generally include fines and, in some cases, imprisonment. It is important for parties governed by this Act to ensure strict adherence to the legislative requirements to avoid any potential legal consequences.