Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 5) 2026

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 5) 2026I, enacted on 14 May 2026, authorises Pat Conroy, Minister for Defence Industry and Minister for Pacific Island Affairs, to act on behalf of Tony Burke, Minister for Home Affairs, Minister for Immigration and Citizenship, Minister for Cyber Security, and Minister for the Arts, during a specific period from 18 May 2026 to the end of 20 May 2026. This authorisation is granted under section 19 of the Acts Interpretation Act 1901 and in accordance with subsection 34AAB(1) of the same Act, ensuring continuity in the performance of functions and duties related to the Home Affairs portfolio during the absence of the primary minister. The instrument is set to be revoked on 21 May 2026, thereby limiting its duration to the specified timeframe. This legislative measure aims to provide a clear framework for the delegation of ministerial responsibilities within the Home Affairs portfolio, thereby maintaining the effective administration of relevant laws during the authorised period.

Scope and Application

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 5) 2026I provides a framework for the delegation of certain functions, duties, and powers held by Tony Burke, who is the Minister for Home Affairs, Minister for Immigration and Citizenship, Minister for Cyber Security, and Minister for the Arts, to Pat Conroy, who serves as the Minister for Defence Industry and Minister for Pacific Island Affairs. This authorisation is in accordance with section 19 of the Acts Interpretation Act 1901 and operates under subsection 34AAB(1) of that Act. The delegation is specific to the period beginning on 18 May 2026 and concluding at the end of 20 May 2026, and the instrument itself is revoked on 21 May 2026. This arrangement allows for the seamless continuation of governance and administration within the specified portfolio during the temporary absence or unavailability of the principal minister.

Key Provisions

The primary operative section of the F2026N00322 Notifiable instrument (section 1) designates Tony Burke, the Minister for Home Affairs, Immigration and Citizenship, Cyber Security, and the Arts, as the authorised individual to permit Pat Conroy, the Minister for Defence Industry and Pacific Island Affairs, to act on his behalf. This authorisation is specifically for the performance of functions or duties, or the exercise of powers, under any Commonwealth law during a defined period, starting from 18 May 2026 and concluding at the end of 20 May 2026. The instrument is set to be revoked on 21 May 2026. The Act imposes several obligations and requirements on the parties involved. Firstly, Tony Burke must ensure that Pat Conroy is adequately authorised to act on his behalf within the specified timeframe. This includes delegating the necessary powers and functions to Pat Conroy in a clear and lawful manner. Additionally, both ministers must adhere to the terms of the authorisation, ensuring that any actions taken by Pat Conroy fall within the scope of the delegation and do not exceed the powers granted. Any activities undertaken by Pat Conroy outside the authorised scope or beyond the stipulated dates would be considered invalid. Failure to comply with the provisions of the Act can result in various consequences. If Pat Conroy acts outside the scope of the authorisation, such actions may be deemed unlawful and could lead to legal challenges. Both Tony Burke and Pat Conroy could face scrutiny and potential legal repercussions for exceeding the boundaries of the authorisation. While specific penalties are not detailed in the Act, unauthorised actions could result in civil or criminal liability, depending on the nature and impact of the transgressions. Furthermore, the revocation of the instrument on 21 May 2026 underscores the temporary nature of the authorisation, emphasising the importance of adhering to the prescribed timeframe.