Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 5) 2025

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 5) 2025I, introduced by Tony Burke, the Minister for Home Affairs, Minister for Immigration and Citizenship, Minister for Cyber Security, and Minister for the Arts, was enacted to address the need for authorised ministerial acting arrangements within the Home Affairs portfolio. This legislation was necessary to ensure continuity of government functions during periods when the primary minister is unavailable. Authorised under section 19 of the Acts Interpretation Act 1901 and in accordance with subsection 34AAB(1) of that Act, it empowers Murray Watt, the Minister for the Environment and Water, to act on behalf of Tony Burke during the specified period from 5 September 2025 to 6 September 2025. The policy objective of this authorisation is to facilitate seamless governmental operations and uphold the integrity of the Home Affairs portfolio's responsibilities during transitional periods.

Scope and Application

The ADMIN 25/220 Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 5) 2025I establishes specific authorisation for Murray Watt, the Minister for the Environment and Water, to act on behalf of Tony Burke, the Minister for Home Affairs, Minister for Immigration and Citizenship, Minister for Cyber Security, and Minister for the Arts. This authorisation is limited to the period beginning on 5 September 2025 and ending at the end of 6 September 2025, during which Murray Watt is empowered to perform or exercise any functions, duties, or powers under any Commonwealth law that Tony Burke might otherwise perform or exercise. This authorisation is crucial for ensuring continuity in the administration of these specific ministerial roles and responsibilities during Tony Burke's absence, thereby maintaining the effective operation of the Home Affairs portfolio and related functions. The instrument will automatically revoke on 7 September 2025, ensuring a clear and limited timeframe for its application.

Key Provisions

The main operative sections of the ADMIN 25/220 Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 5) 2025I, specifically sections (a) and (b), establish the delegation of authority from Tony Burke to Murray Watt. Under section (a), Murray Watt, Minister for the Environment and Water, is authorised to act on behalf of Tony Burke in performing functions or duties or exercising powers under any Commonwealth law during the period beginning on 5 September 2025 and ending on 6 September 2025. This delegation ensures that the ministerial duties can be effectively managed even in the absence of Tony Burke. Section (b) mandates the revocation of this authorisation on 7 September 2025, ensuring the temporary nature of the delegation and its alignment with the specified timeframe. This Act imposes specific obligations on the parties involved. Tony Burke, in his various ministerial capacities, must ensure that the delegation is clearly communicated to relevant stakeholders and that Murray Watt is adequately briefed on any ongoing matters or decisions that may require attention during the specified period. Murray Watt, as the acting minister, is required to diligently perform the delegated duties and powers, ensuring compliance with all applicable laws and ministerial responsibilities. Both ministers must ensure that any actions taken during this period are within the scope of the delegation and that the temporary nature of the arrangement is respected. Breaches of the provisions outlined in this Act may lead to both civil and criminal consequences, although specific offences and penalties are not detailed within the text of this instrument. Generally, any failure to adhere to the terms of the delegation, such as acting beyond the authorised period or failing to properly execute delegated duties, could result in legal repercussions. The exact penalties would depend on the nature of the breach and the specific laws under which the breach occurred. However, it is clear that the Act aims to maintain the integrity and continuity of ministerial responsibilities during the specified period of delegation.