Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 6) 2025

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 6) 2025I, enacted in 2025, was introduced to address the need for ministerial acting arrangements within the Home Affairs portfolio. Authorised by Tony Burke, who holds the positions of Minister for Home Affairs, Minister for Immigration and Citizenship, Minister for Cyber Security, and Minister for the Arts, this instrument acts under the authority provided by section 19 of the Acts Interpretation Act 1901. The primary objective of this legislation is to facilitate the seamless continuation of government functions during periods when the primary minister is temporarily unavailable. By authorising Penny Wong, the Minister for Foreign Affairs, to act on Tony Burke's behalf from 7 September 2025 to 14 September 2025, the Act ensures that critical governmental operations proceed without interruption, thereby maintaining the stability and effectiveness of the Home Affairs portfolio. This authorisation is set to be revoked on 15 September 2025, restoring the original ministerial responsibilities to Tony Burke.

Scope and Application

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 6) 2025I authorises the delegation of specific functions, duties, and powers from Tony Burke, the Minister for Home Affairs, Minister for Immigration and Citizenship, Minister for Cyber Security, and Minister for the Arts, to Penny Wong, the Minister for Foreign Affairs, for a limited period from 7 September 2025 to 14 September 2025. This authorisation is given under the authority of the Acts Interpretation Act 1901, specifically sections 19 and 34AAB(1). It encompasses the performance of various ministerial duties related to the Home Affairs Portfolio, including those related to immigration, cyber security, and the arts, as well as other relevant legislative responsibilities. This authorisation is intended to ensure continuity of governance and ministerial duties during the specified period. The authorisation is automatically revoked on 15 September 2025, ensuring that the delegation does not extend beyond the intended timeframe.

Key Provisions

The key operative sections of the F2025N00718 Notifiable Instrument (ADMIN 25/221) pertain to the delegation of authority from one minister to another. Specifically, section (a) authorises Penny Wong, the Minister for Foreign Affairs, 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, during the specified period from 7 September 2025 to 14 September 2025. Section (b) mandates that the instrument will be revoked on 15 September 2025. This authorisation allows Penny Wong to perform any functions, duties, or exercises of powers that Tony Burke would normally conduct under any Commonwealth law during the mentioned period. This Act imposes clear obligations on both the authorising minister, Tony Burke, and the acting minister, Penny Wong. Tony Burke must ensure that the delegation is properly documented and communicated, and Penny Wong must adhere strictly to the boundaries of the authorisation, exercising only those powers and functions explicitly permitted. Both ministers are required to follow any conditions or limitations that might be outlined in the original authorisation and ensure that the delegation does not contravene any other legislative provisions. Breaches of the conditions outlined in this authorisation may lead to legal consequences. Although the specific penalties for non-compliance are not detailed within the text, under general legal principles, unauthorised acts could result in civil or criminal liability depending on the nature and impact of the breach. For instance, if an acting minister performs functions beyond their authorised scope, this could lead to actions for misconduct in public office, or other relevant legal proceedings. The potential penalties could range from fines to imprisonment, depending on the severity of the breach and the jurisdiction under which it falls.