Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 4) 2026

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 4) 2026I was enacted to address the need for continuity in the performance of ministerial functions within the Home Affairs portfolio during periods of ministerial absence or incapacity. Authorised by Tony Burke, the Minister for Home Affairs, Immigration and Citizenship, Cyber Security, and the Arts, this notifiable instrument was introduced to ensure that critical governmental functions can continue without disruption, maintaining the integrity and efficiency of the Home Affairs portfolio. The authorisation empowers Michelle Rowland, the Attorney-General, to act on behalf of the Minister for a specified period, from 5 April 2026 to 12 April 2026, thereby enabling the seamless administration of relevant laws and policies during this interim period. This instrument underscores the importance of legislative foresight in safeguarding governmental operations and ensuring the continuity of essential services provided by the Home Affairs portfolio.

Scope and Application

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 4) 2026I applies to the Minister for Home Affairs, Minister for Immigration and Citizenship, Minister for Cyber Security, and Minister for the Arts, who is Tony Burke, and authorises Michelle Rowland, the Attorney-General, to act on his behalf during a specified period. This authorisation encompasses any functions, duties, or powers that Tony Burke might perform or exercise under any Commonwealth law during the period from 5 April 2026 to 3:00 pm AEST on 12 April 2026. The authorisation is confined to the Commonwealth jurisdiction and does not extend beyond these parameters. The instrument is designed to ensure continuity of governance and ministerial responsibilities during the specified period and is revoked on 13 April 2026.

Key Provisions

The main operative sections of the Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 4) 2026I, detailed in section 1, allow Tony Burke, the Minister for Home Affairs, Minister for Immigration and Citizenship, Minister for Cyber Security and Minister for the Arts, to delegate his functions and duties to Michelle Rowland, the Attorney-General, for a specific period. Section 1(1) specifies that this authorisation begins on 5 April 2026 and ends at 3:00 pm AEST on 12 April 2026. This delegation enables Michelle Rowland to act on behalf of Tony Burke during this timeframe in relation to any law of the Commonwealth that he might otherwise be performing or exercising. Section 2 revokes the authorisation, making it ineffective from 13 April 2026. The Act imposes obligations on the parties involved, primarily ensuring a smooth transition of ministerial duties during the specified period. Tony Burke must ensure that the delegation is clearly communicated to relevant parties and that Michelle Rowland is fully briefed on any ongoing matters that may require her attention during the authorisation period. Michelle Rowland, in turn, has the obligation to perform the functions, duties, or powers delegated by Tony Burke diligently and in accordance with the law. Both parties must also ensure that any actions taken during the delegation period comply with all applicable legislation and regulations. Failure to adhere to the provisions of this Act can result in significant consequences. While specific offences and penalties are not detailed in the Act itself, any breach of the delegation's terms could potentially lead to administrative or legal repercussions, including the possibility of judicial review if actions taken under the delegation are found to be unlawful or outside the scope of the authority granted. Additionally, any misconduct or abuse of the delegated powers could lead to disciplinary action against the relevant parties, potentially impacting their professional standing and future eligibility for similar delegations.