Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 9) 2025

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 9) 2025 is a notifiable instrument that was enacted in 2025. It was introduced to address the need for ministerial acting arrangements within the Home Affairs Portfolio. This authorisation was made by Tony Burke, the Minister for Home Affairs, Minister for Immigration and Citizenship, Minister for Cyber Security, and Minister for the Arts, in accordance with section 19 of the Acts Interpretation Act 1901. The primary objective of this legislation is to facilitate the delegation of functions, duties, or powers to another minister, Mark Butler, during specified periods when the enacting minister is unable to perform his duties. The authorisation aims to ensure the continuity of governance and effective administration within the Home Affairs Portfolio during the designated periods of absence.

Scope and Application

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Authorisation (No. 9) 2025I serves to delegate 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 Mark Butler, the Minister for Health and Ageing and Minister for Disability and the National Disability Insurance Scheme, for specified short periods. The authorisation is effective from 7 November 2025 to 10 November 2025, and again from 12 November 2025 to 14 November 2025, after which the instrument will be revoked on 15 November 2025. This delegation is specifically within the purview of the Acts Interpretation Act 1901, ensuring that the ministerial acting arrangements are legally sound and comply with the legislative framework. The jurisdictional scope of this authorisation is inherently tied to the legislative powers of the Commonwealth, ensuring that the delegated functions remain within the authorised ministerial capacities.

Key Provisions

The key operative sections of the F2025N00876 Notifiable instrument, as authorised by Tony Burke under the Acts Interpretation Act 1901, are primarily concerned with the delegation of authority to another Minister. Specifically, section (a)(i) authorises Mark Butler to act on behalf of Tony Burke from 7 November 2025 to 10 November 2025, while section (a)(ii) extends this authority from 12 November 2025 to 14 November 2025. Section (b) stipulates that this authorisation will be revoked on 15 November 2025, ensuring that the delegation of powers is temporary and time-bound. The Act imposes certain obligations on the parties involved, primarily ensuring that the delegation of authority is clearly defined and communicated. Tony Burke, as the authorising Minister, must specify the exact functions or duties that Mark Butler is permitted to perform during the designated periods. This ensures that there is no ambiguity regarding the scope of authority delegated. Furthermore, the Act requires that the authorisation be formally revoked on 15 November 2025, thereby reinstating the original authority of Tony Burke. In terms of potential consequences for non-compliance, the Act does not explicitly detail offences, penalties, or specific consequences for breach. However, any misuse of the delegated authority or failure to adhere to the specified timelines could lead to broader administrative or legal repercussions. Such breaches might result in disciplinary actions or other measures deemed appropriate by the relevant authorities. The absence of specific penalties in the Act suggests that the primary focus is on ensuring clear and lawful delegation of authority rather than punitive measures for minor infractions. While the Act does not provide detailed information on penalties, it is essential for the parties involved to understand that any deviation from the authorised periods or misuse of the delegated powers could have significant administrative consequences. This might include the need for formal reviews, investigations, or even legal actions to rectify any unauthorised actions taken during the delegation period. Therefore, adherence to the stipulated timeframes and the scope of authority is crucial to avoid any potential fallout from non-compliance.