Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 4) 2025

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 4) 2025I is a notifiable instrument enacted to streamline the transfer of ministerial responsibilities within the Home Affairs portfolio during specific periods of absence or transition. Authorised by 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, the instrument was introduced to ensure the continuity of government operations. This authorisation is in accordance with section 19 of the Acts Interpretation Act 1901, and under subsection 34AAB(1) of that Act, it allows Penny Wong, Minister for Foreign Affairs, to act on behalf of Tony Burke during the specified timeframe from 5:00 pm AEST on 28 August 2025 to 6:45 pm AEST on 29 August 2025. The policy objective is to maintain the smooth functioning of government services by facilitating the seamless transfer of ministerial duties, thereby addressing any potential gaps in leadership or operational continuity that might arise due to the absence of the primary minister.

Scope and Application

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 4) 2025I pertains to the delegation of specific functions and powers from Tony Burke, who holds multiple ministerial positions, to Penny Wong, the Minister for Foreign Affairs, for a limited time frame. This authorisation is made under section 19 of the Acts Interpretation Act 1901, empowering Burke to delegate his responsibilities to Wong during the period starting at 5:00 pm AEST on 28 August 2025 and ending at 6:45 pm AEST on 29 August 2025. The instrument further mandates the revocation of this authorisation on 30 August 2025, ensuring a precise and temporary delegation of duties. This Act applies to the ministerial functions and powers of Tony Burke and Penny Wong within the specified timeframe, providing a clear framework for the delegation and subsequent revocation of authority.

Key Provisions

The Notifiable Instrument F2025N00700 (ADMIN 25/224) authorises specific ministerial acting arrangements for the Home Affairs Portfolio, particularly focusing on the delegation of duties and powers during a defined period. Under section (a) of the instrument, Tony Burke, the Minister for Home Affairs, Immigration and Citizenship, Cyber Security, and the Arts, has authorised Penny Wong, the Minister for Foreign Affairs, to act on his behalf during a specified time frame, from 5:00 pm AEST on 28 August 2025 to 6:45 pm AEST on 29 August 2025. This authorisation is grounded in section 19 of the Acts Interpretation Act 1901 and is further supported by subsection 34AAB(1) of that Act. The instrument also mandates the revocation of this authority on 30 August 2025, ensuring that the temporary delegation does not extend beyond the authorised period. The obligations imposed by this Act require that any functions, duties, or powers exercised by Penny Wong during the authorised period must strictly align with those that Tony Burke could perform or exercise under any Commonwealth law. This delegation is narrowly tailored to the specific time frame and does not extend beyond the limits set out in the instrument. The Act further mandates that any actions taken by Penny Wong in this capacity must be within the scope of the authority granted and must not exceed the boundaries of the ministerial powers as defined by the relevant Commonwealth laws. The Act delineates certain consequences for any breach of its provisions. Any actions taken by Penny Wong outside the scope of her delegated authority or beyond the specified time frame could be considered an unauthorised exercise of power, potentially leading to legal challenges regarding the validity of decisions made. However, the specific penalties or consequences for such breaches are not detailed within the text of the Notifiable Instrument itself. In general, unauthorised acts by a public official could lead to administrative, civil, or criminal consequences depending on the nature and extent of the breach, but these are not explicitly stated in the provided text. In summary, the Notifiable Instrument F2025N00700 establishes a temporary delegation of ministerial duties and powers from Tony Burke to Penny Wong for a precise period, with clear obligations and limitations on the scope of the delegation. While the instrument does not specify detailed penalties for breaches, any actions taken outside the authorised scope could potentially lead to broader legal and administrative consequences. The revocation of the instrument on 30 August 2025 ensures that the delegation is strictly time-bound and does not extend beyond the authorised period.