Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 7) 2025

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 7) 2025 was enacted in 2025 by Tony Burke, acting under the authority granted by subsection 34AAB(1) of the Acts Interpretation Act 1901. This legislation was introduced to address the administrative burden and potential legal ambiguities that arise from the temporary acting arrangements within the Home Affairs Portfolio. The policy objective behind this authorisation is to streamline the ministerial acting arrangements, ensuring continuity and clarity in the governance of the Home Affairs Portfolio. This notifiable instrument revokes the previous authorisations, Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 5) 2025 and Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 6) 2025, thereby consolidating and updating the acting arrangements under the current administration. The instrument takes effect immediately upon its signing, on 4 September 2025, to ensure that there is no disruption in the management of the Home Affairs Portfolio.

Scope and Application

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 7) 2025 revokes two earlier instruments related to ministerial acting arrangements within the Home Affairs Portfolio. This revocation, executed by Tony Burke, who holds several key ministerial positions, aligns with the provisions outlined in the Acts Interpretation Act 1901. The revoked authorisations pertain specifically to arrangements that allow for ministerial acting within the Home Affairs portfolio, encompassing responsibilities such as immigration, cyber security, and the arts. These instruments, once revoked, are no longer in effect immediately upon the signing of the authorisation, which signifies a significant change in the administrative structure for these ministerial roles.

Key Provisions

The primary operative sections of this legislation (section 2) involve the revocation of two specific instruments. These instruments, Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 5) 2025 and Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 6) 2025, are being revoked by the Minister for Home Affairs, Tony Burke, who is also the Minister for Immigration and Citizenship, Minister for Cyber Security, and Minister for the Arts. This revocation takes effect immediately after the document is signed, as stated in section 3. The obligations and requirements imposed by this legislation revolve around the ministerial powers granted under the Acts Interpretation Act 1901. Specifically, section 34AAB(1) allows the Minister to act on behalf of another minister in certain circumstances, and section 34AAB(4) requires that any such acting arrangements be documented and authorised. By revoking the previous authorisations, this legislation updates the acting arrangements to reflect any changes in policy or ministerial responsibilities. In terms of consequences for breach, this legislation does not explicitly outline any offences, penalties, or consequences for non-compliance. However, the revocation of authorisations may have implications for the lawful delegation of ministerial powers. Unauthorized acting arrangements could potentially lead to legal challenges regarding the validity of actions taken under those arrangements. While specific penalties are not stated in this document, any legal challenges or breaches of the Acts Interpretation Act 1901 could result in significant repercussions for those involved, including potential civil or criminal penalties depending on the nature and severity of the breach.