Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 5) 2024

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 5) 2024, enacted by Clare O’Neil, the Minister for Home Affairs and Minister for Cyber Security, addresses the need for seamless ministerial function continuity during specific transitional periods. Authorised under subsection 34AAB(1) of the Acts Interpretation Act 1901, this notifiable instrument permits Jim Chalmers, the Treasurer, to act on behalf of Clare O’Neil during the period commencing at 8:00 pm on 18 June 2024 and ending at the conclusion of 20 June 2024, ensuring that her functions, duties, and powers under relevant Acts are duly performed. This authorisation is essential for maintaining the operational efficiency of the Home Affairs Portfolio and is scheduled to be revoked on 21 June 2024.

Scope and Application

The Notifiable Instrument F2024N00512, titled "Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 5) 2024", pertains to the authorisation of the Treasurer, Jim Chalmers, to act on behalf of the Minister for Home Affairs and Minister for Cyber Security, Clare O’Neil, for a specific period. This authorisation allows Mr Chalmers to perform or exercise the functions, duties, and powers of the Minister within the scope of the Acts Interpretation Act 1901, effective from 8:00 pm on 18 June 2024 until the end of 20 June 2024. The authorisation is intended to ensure continuity of ministerial functions during the specified period, after which it is revoked on 21 June 2024. The instrument applies to the ministerial roles within the Home Affairs Portfolio, encompassing the exercise of powers under any Act or provision of an Act within the purview of these roles.

Key Provisions

The main operative sections of the Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 5) 2024 (the "Act") are contained in section 1, which authorises the Treasurer, Jim Chalmers, to act on behalf of the Minister for Home Affairs and Minister for Cyber Security, Clare O'Neil, during a specified period (subsection 34AAB(1) of the Acts Interpretation Act 1901). This authorisation allows the Treasurer to perform or exercise any functions, duties, or powers that Clare O'Neil might ordinarily perform or exercise under an Act or a provision of an Act, specifically during the time frame beginning at 8:00 pm on 18 June 2024 and ending at the end of 20 June 2024. The authorisation is explicitly revoked on 21 June 2024, ensuring that the delegation of authority is strictly time-bound. The Act imposes several obligations and requirements on the parties involved. Clare O'Neil, as the authorising Minister, must ensure that the authorisation is clearly defined in terms of its scope and duration. Jim Chalmers, as the acting Minister, must act within the bounds of this authorisation and cannot exercise any powers outside of it. Both parties are required to adhere strictly to the dates and conditions specified in the Act to avoid any potential misuse or overreach of the delegated authority. The Act also requires that the authorisation be formally revoked on the specified date, 21 June 2024, to revert the authority back to Clare O'Neil. There are no explicit offences, penalties, or civil/criminal consequences detailed within the Act itself for breach of its provisions. However, any misuse of the authority granted under this authorisation could potentially lead to broader legal consequences under other applicable laws, such as the Acts Interpretation Act 1901 or any specific Act under which the authority is exercised. The Act's primary focus is on ensuring a smooth transition and continuity of governance within the specified period, without creating new enforcement mechanisms or penalties. This means that while the Act itself does not impose specific penalties, any unauthorised actions taken by the Treasurer during the period of delegation could be subject to scrutiny and legal action under the broader legislative framework.