Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 4) 2024

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 4) 2024 is a notifiable instrument enacted to facilitate the delegation of certain functions, duties, and powers from Clare O'Neil, the Minister for Home Affairs and Minister for Cyber Security, to Mark Dreyfus KC, the Attorney-General, for a specified period. Enacted under subsection 34AAB(1) of the Acts Interpretation Act 1901, this instrument was introduced to ensure a smooth transition and continuity in the performance of critical ministerial responsibilities within the Home Affairs portfolio, particularly during a brief period when the Minister may be unavailable. Authorised by Clare O'Neil, this instrument is effective from 6 May 2024 and will be revoked on 9 May 2024, allowing for the delegation of specified powers to proceed without interruption.

Scope and Application

The Notifiable Instrument F2024N00380, under the Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 4) 2024, pertains to the authorisation of Mark Dreyfus KC, the Attorney-General, to act on behalf of Clare O’Neil, the Minister for Home Affairs and Minister for Cyber Security, from 6 May 2024 to 8 May 2024. This authorisation is granted under subsection 34AAB(1) of the Acts Interpretation Act 1901, thereby allowing the Attorney-General to perform or exercise functions, duties, and powers related to the Home Affairs Portfolio during the specified period. This authorisation is effective from 3 May 2024 and is revoked on 9 May 2024. The legislation applies to Clare O’Neil and Mark Dreyfus KC, specifically in their respective roles within the Home Affairs Portfolio, and does not extend to other persons or entities unless explicitly mentioned in subordinate instruments. The jurisdictional reach of this authorisation is limited to the Commonwealth of Australia. The instrument itself does not outline specific exclusions, exemptions, or thresholds but relies on the broader scope of the Acts Interpretation Act 1901 and the specific provisions it authorises.

Key Provisions

The primary operative sections of F2024N00380 (Notifiable instrument) are contained in subsections (1) and (2). Section (1) authorises the Attorney-General, Mark Dreyfus KC, to act on behalf of the Minister for Home Affairs and Minister for Cyber Security, Clare O'Neil, for a specific period. This authority is limited to the functions, duties, and powers that the Minister may exercise under any Act or provision of an Act during the period starting on 6 May 2024 and ending on 8 May 2024. Section (2) stipulates that this authorisation is revoked and ceases to have effect on 9 May 2024. This clear and concise delegation ensures a smooth transition of responsibilities during a defined timeframe. The obligations and requirements imposed by this Act are straightforward and focused on ensuring continuity in the exercise of ministerial powers and duties. The Minister for Home Affairs and Minister for Cyber Security, Clare O'Neil, must ensure that all necessary preparations are made for the delegation of her functions to the Attorney-General. This includes informing relevant stakeholders and ensuring that the Attorney-General is fully briefed on any ongoing matters that may require attention during the delegation period. The Attorney-General, Mark Dreyfus KC, is required to accept the delegation and act within the scope of the powers granted by the Minister, ensuring that all actions taken are within the bounds of the authorised functions and duties. The Act does not explicitly outline specific offences, penalties, or consequences for breaches of the authorisation provisions. However, any failure to comply with the terms of the delegation or any misuse of the powers granted could potentially lead to legal challenges or accountability issues. The Attorney-General, acting within the scope of the delegation, must ensure that all actions are lawful and within the authorised functions. Should any issues arise from the improper exercise of delegated powers, the Minister may face scrutiny and potential consequences for any resulting breaches of legal or administrative duties. The primary consequence of non-compliance would likely stem from the legal or administrative repercussions of improperly executed duties rather than a specific penalty outlined in the Act itself.