Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 8) 2025

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 8) 2025 was enacted in 2025 to address the administrative need for seamless continuity of government functions during temporary absences of key ministers. This notifiable instrument was authorised by Tony Burke, Minister for Home Affairs, Minister for Immigration and Citizenship, Minister for Cyber Security and Minister for the Arts, under the authority granted by section 19 of the Acts Interpretation Act 1901. The authorisation empowers Pat Conroy, Minister for Defence Industry and Minister for Pacific Island Affairs, to act on behalf of Tony Burke in the performance of functions, duties, or the exercise of powers under any Commonwealth law during a specified period from 2:00 pm AEST on 5 September 2025 to 9:00 am AEST on 12 September 2025. The instrument aims to ensure that the critical operations within the Home Affairs Portfolio are uninterrupted, thereby maintaining the effective governance and administration of the nation’s affairs.

Scope and Application

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 8) 2025I applies to the portfolio of the Minister for Home Affairs, which includes the Ministers for Immigration and Citizenship, Cyber Security, and the Arts. This legislation pertains to the delegation of certain functions, duties, and powers of the Minister for Home Affairs to another minister, in this case, Pat Conroy, who is the Minister for Defence Industry and Minister for Pacific Island Affairs. The authorisation allows Conroy to act on behalf of Tony Burke during a specified period, from 2:00 pm AEST on 5 September 2025 to 9:00 am AEST on 12 September 2025. This arrangement is made under the authority of section 19 of the Acts Interpretation Act 1901 and is limited to the scope of functions, duties, and powers that Burke could perform or exercise under any Commonwealth law during the period specified. The legislation's jurisdictional reach is limited to the Commonwealth level, and it does not extend to state or territory laws. The instrument commences immediately upon signing and does not include any exclusions, exemptions, or thresholds. Any further extension or restriction of the application of this authorisation may be made through subordinate instruments.

Key Provisions

The key provisions of the ADMIN 25/231 Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 8) 2025I include the delegation of specific powers to Pat Conroy, the Minister for Defence Industry and Minister for Pacific Island Affairs. Section 1 of the instrument details that Tony Burke, the Minister for Home Affairs, Minister for Immigration and Citizenship, Minister for Cyber Security, and Minister for the Arts, authorises Pat Conroy to act on his behalf in performing functions or exercising powers under any law of the Commonwealth during a specified period, from 2:00 pm AEST on 5 September 2025 until 9:00 am AEST on 12 September 2025. This delegation is made under section 19 of the Acts Interpretation Act 1901 and subsection 34AAB(1) of that Act. The instrument comes into effect immediately upon being signed. The obligations and requirements imposed by this Act are primarily concerned with the delegation of authority from Tony Burke to Pat Conroy for the specified period. Tony Burke, through this authorisation, delegates his powers and duties to Pat Conroy, enabling the latter to act in his stead. This delegation includes the authority to perform functions or exercise powers that Tony Burke might otherwise perform under any Commonwealth law during the designated period. The Act ensures that the delegation is clearly defined, with a specific start and end time, ensuring clarity and accountability in the exercise of these powers. The instrument does not explicitly outline offences, penalties, or consequences for breaches within its text. However, any breach of the terms under which Pat Conroy is acting on Tony Burke's behalf could potentially lead to legal consequences, depending on the nature of the breach and the specific laws under which the powers are exercised. The penalties for such breaches would be determined by the relevant legislation governing the particular function or duty being performed. This could include civil or criminal penalties as stipulated by the laws under which the powers are exercised, potentially ranging from fines to more severe penalties depending on the severity of the breach.