Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 9) 2024

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 9) 2024 was enacted to address the need for ministerial acting arrangements within the Home Affairs portfolio. This instrument 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 specified period of absence. Enacted by the Australian government, this authorisation ensures continuity in the performance of ministerial duties and the exercise of powers under relevant Acts during the period of absence. The policy objective is to maintain governance and administrative functions within the Home Affairs portfolio seamlessly, even in the absence of the principal minister.

Scope and Application

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 9) 2024 applies to the Minister for Home Affairs and Minister for Cyber Security, Clare O’Neil, and designates Murray Watt, the Minister for Agriculture, Fisheries and Forestry and Minister for Emergency Management, to act on her behalf during a specified period. This authorisation is limited to the functions, duties, and powers that Clare O’Neil may perform or exercise under an Act or a provision of an Act, commencing at 5:30 pm on 29 July 2024 and concluding at 5:30 am on 1 August 2024. The authorisation is in effect during a period of ministerial absence or incapacity, allowing for the continuity of governmental functions within the Home Affairs portfolio. The instrument is revoked on 2 August 2024, ensuring that the delegation of authority is temporary and confined to the outlined timeframe.

Key Provisions

The main operative sections of the Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 9) 2024 specify the authorisation for Murray Watt, Minister for Agriculture, Fisheries and Forestry and Minister for Emergency Management, to act on behalf of Clare O’Neil, Minister for Home Affairs and Minister for Cyber Security, during a specified period (section 1). This authorisation is effective from 5:30 pm on 29 July 2024 until 5:30 am on 1 August 2024 (section 1). The authorisation is grounded in section 19 of the Acts Interpretation Act 1901 and under subsection 34AAB(1) of that Act (section 1). The Act imposes specific obligations on the parties involved. Clare O’Neil must formally delegate her functions, duties, and powers to Murray Watt during the specified period (section 1). Murray Watt, in turn, must act within the scope of the delegation provided by Clare O’Neil, ensuring that any actions taken are consistent with her authority and responsibilities (section 1). Both ministers must adhere to the time constraints outlined in the authorisation (section 1). Additionally, the authorisation is subject to revocation and will cease to be effective on 2 August 2024 (section 1). Regarding offences, penalties, or consequences for breach, the legislation does not explicitly state any criminal or civil penalties for non-compliance with the authorisation. However, any actions taken by Murray Watt outside the scope of the authorisation or beyond the specified period could be deemed ultra vires, potentially leading to legal challenges or administrative consequences. The revocation of the authorisation on 2 August 2024 ensures that Murray Watt's acting authority expires, and Clare O’Neil resumes her full ministerial functions and duties (section 1). Any unauthorised actions taken during the period of authorisation could be subject to scrutiny and potential repercussions based on the specific circumstances and applicable laws.