Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 7) 2024

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 7) 2024 was enacted on 22 July 2024, and it serves to temporarily delegate the authority of Clare O'Neil, the Minister for Home Affairs and Minister for Cyber Security, to Murray Watt, the Minister for Agriculture, Fisheries and Forestry, and Minister for Emergency Management. This delegation is intended to allow Minister Watt to act on behalf of Minister O'Neil during a specific period from 29 July 2024 to 1 August 2024, encompassing the functions, duties, and powers that Minister O'Neil may perform or exercise under an Act or a provision of an Act. This authorisation is a response to the need for flexibility in ministerial responsibilities and was introduced by the relevant executive authority in accordance with the Acts Interpretation Act 1901. The policy objective is to ensure the continuity of governance and ministerial duties within the Home Affairs Portfolio during a temporary period of ministerial absence.

Scope and Application

The Notifiable Instrument F2024N00664 pertains to the delegation of specific ministerial functions and duties related to the Home Affairs and Cyber Security portfolios within the Commonwealth of Australia. This instrument applies to Murray Watt, who is authorised to act on behalf of Clare O’Neil, the Minister for Home Affairs and Minister for Cyber Security, during the period from 29 July 2024 to 1 August 2024. The scope of this authorisation includes the performance of functions, duties, and exercise of powers that Clare O’Neil may undertake under the relevant Acts or provisions of Acts within her ministerial purview. The geographic and jurisdictional reach of this authorisation is confined to the Commonwealth of Australia, and it does not extend to state or territory jurisdictions. This notifiable instrument does not specify exclusions, exemptions, or thresholds but operates under the broader legislative framework outlined in the Acts Interpretation Act 1901. The instrument is set to be revoked on 2 August 2024, thereby limiting its application strictly within the specified timeframe.

Key Provisions

The main operative sections of the Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 7) 2024 (the Authorisation) provide for the delegation of specific functions and duties from one minister to another within the Home Affairs Portfolio for a limited period. Under section 1, Clare O’Neil, the Minister for Home Affairs and Minister for Cyber Security, authorises Murray Watt, the Minister for Agriculture, Fisheries and Forestry and Minister for Emergency Management, to act on her behalf during the period from 29 July 2024 to 1 August 2024. This authorisation allows Mr Watt to perform or exercise any functions, duties, or powers that Ms O’Neil may exercise under an Act or provision of an Act within the Home Affairs Portfolio (section 1(1)). The Authorisation is explicitly revoked on 2 August 2024, ensuring that the delegation of authority ceases after the specified period (section 1(2)). The Authorisation imposes obligations on both ministers involved. Ms O’Neil, as the authorising minister, must ensure that the delegation is appropriate and does not exceed the scope of her powers under the Acts Interpretation Act 1901. She must also ensure that the delegation does not conflict with any existing legal or policy requirements. Mr Watt, as the authorised minister, is obliged to act within the scope of the delegation and in accordance with the law. He must not exceed the authority granted to him and must refrain from exercising any powers or performing any duties outside the scope of this Authorisation. Breaching the terms of this Authorisation could result in significant legal consequences. If Mr Watt acts beyond the scope of the delegation, he may be acting ultra vires, meaning outside the legal power granted to him. This could render any actions taken during the unauthorised period invalid or subject to legal challenge. Additionally, if the breach results in harm or a significant negative impact on public or administrative processes, there could be civil or criminal liabilities depending on the nature and extent of the breach. While the Authorisation does not specify maximum penalties for breaches, actions taken outside the scope of the authorisation could result in penalties under the relevant Acts or common law principles of administrative law.