Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 6) 2024

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 6) 2024 was enacted to address the need for temporary delegation of specific ministerial functions during periods of absence or unavailability. Authorised under section 19 of the Acts Interpretation Act 1901, this instrument enables Clare O'Neil, the Minister for Home Affairs and Minister for Cyber Security, to delegate her functions and duties to Murray Watt, the Minister for Agriculture, Fisheries and Forestry and Minister for Emergency Management, for the period starting on 6 July 2024 and ending on 14 July 2024. The authorisation ensures continuity of governance and ministerial responsibilities within the Home Affairs portfolio during Clare O'Neil's absence, thereby maintaining the operational efficiency of the government. The authorisation is set to be revoked on 15 July 2024, ensuring a clear and limited period for the delegation.

Scope and Application

The Notifiable Instrument F2024N00603 pertains to the delegation of specific functions and duties of the Minister for Home Affairs and Minister for Cyber Security, Clare O’Neil, to another Minister, Murray Watt, within a specified timeframe. The authorisation is limited to the period beginning on 6 July 2024 and ending on 14 July 2024, and it is grounded in section 19 of the Acts Interpretation Act 1901, specifically under subsection 34AAB(1) of that Act. This authorisation allows Murray Watt to act on behalf of Clare O’Neil in the execution of her functions, duties, and powers related to the Home Affairs and Cyber Security portfolios during the given period. It is pertinent to note that this instrument is revoked on 15 July 2024, thereby limiting its temporal application strictly to the outlined dates. This delegation mechanism ensures continuity of governance and ministerial responsibilities in the absence of the primary Minister.

Key Provisions

The Notifiable instrument F2024N00603 primarily authorises Murray Watt, the Minister for Agriculture, Fisheries and Forestry and Minister for Emergency Management, to act on behalf of Clare O’Neil, the Minister for Home Affairs and Minister for Cyber Security, during a specific period. This authorisation is given under section 19 of the Acts Interpretation Act 1901 and under subsection 34AAB(1) of that Act (sections 19 and 34AAB(1)). The authorisation period is from 6 July 2024 to 14 July 2024, and the instrument is revoked on 15 July 2024. The legislation imposes certain obligations and requirements on both Clare O’Neil and Murray Watt. Clare O’Neil, as the Minister for Home Affairs and Minister for Cyber Security, must formally delegate her functions and duties to Murray Watt during the specified period. This delegation must be done in accordance with the provisions of the Acts Interpretation Act 1901. Murray Watt, as the authorised acting Minister, must perform his duties diligently and within the scope of the delegation provided by Clare O’Neil. He is also required to ensure that all actions taken during his authorisation period are in line with the relevant Acts and provisions he is acting under. Failure to comply with the terms of this authorisation may result in various consequences. While the specific offences and penalties are not detailed in this instrument, breaches of ministerial authorisations under the Acts Interpretation Act 1901 could potentially lead to legal repercussions. Typically, such breaches could result in administrative penalties, legal challenges, or other consequences as deemed appropriate by the courts or relevant authorities. The exact nature and extent of these consequences would depend on the specific circumstances and any additional legislation that might apply.