Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio)

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Home Affairs Portfolio) Instrument 2024 (F2024N00277) was enacted on 3 April 2024 to facilitate the delegation of certain powers and functions of the Minister for Home Affairs and Minister for Cyber Security, the Hon Clare O'Neil MP, to another minister. This temporary measure was introduced to ensure continuity of governance within the Home Affairs Portfolio during a period when the primary minister may be unavailable. Authorised under sections 19 and 34AAB of the Acts Interpretation Act 1901, the instrument empowers the Hon Dr Jim Chalmers MP, Minister for Treasury, to act on behalf of the primary minister for the specified period. The instrument is set to be repealed at the end of 4 April 2024, ensuring its temporary nature and adherence to the legislative framework governing ministerial delegation.

Scope and Application

The Notifiable instrument, identified as F2024N00277, pertains to the authorisation of the Hon Dr Jim Chalmers MP, Minister for Treasury, to exercise certain powers and functions of the Hon Clare O'Neil MP, the Minister for Home Affairs and Minister for Cyber Security, as per the Acts Interpretation Act 1901. This authorisation allows Dr Chalmers to act on behalf of Ms O'Neil in exercising her powers and functions, which includes those conferred by any law of the Commonwealth. The instrument is in effect from 3 April 2024 and is repealed at the end of 4 April 2024, illustrating a short-term delegation of authority. This specific authorisation underscores the ability of ministerial roles to temporarily transfer responsibilities, ensuring continuity in governance and administrative functions during the specified period.

Key Provisions

The main operative sections of the F2024N00277 (Notifiable instrument) are contained within the Instrument of Authorisation, which provides that the Hon Dr Jim Chalmers MP, Minister for Treasury, is authorised to exercise, on behalf of the Hon Clare O'Neil MP, Minister for Home Affairs and Minister for Cyber Security, all powers and functions conferred on her by any Commonwealth law. This authorisation is effective from 3 April 2024 until the end of 4 April 2024 (section 1). The authorisation is granted under sections 19 and 34AAB of the Acts Interpretation Act 1901, and all other relevant powers enabling such authorisation (section 2). This temporary delegation of authority is a practical measure to ensure continuity in the exercise of ministerial functions during the specified period. The obligations and requirements imposed by the Act on the parties or entities it governs are primarily procedural in nature. The Hon Dr Jim Chalmers MP, as the authorised Minister, must act within the scope of the powers and functions delegated by the Hon Clare O'Neil MP. This means that Dr Chalmers must perform all ministerial duties and responsibilities that are typically exercised by the Minister for Home Affairs and Minister for Cyber Security during the period of authorisation. This includes making decisions, signing documents, and exercising any powers that fall within the purview of these ministerial roles. The Act also imposes a requirement on Dr Chalmers to adhere to all existing laws and regulations that govern the exercise of these powers and functions. The F2024N00277 (Notifiable instrument) does not explicitly outline specific offences, penalties, or consequences for breaches of its provisions. However, any unauthorised exercise of the powers or functions delegated under this instrument could potentially lead to legal challenges regarding the validity of actions taken by Dr Chalmers. If actions taken by Dr Chalmers are found to be beyond the scope of the delegation or in violation of any statutory or common law principles, they may be subject to judicial review or other legal remedies. The penalties or consequences would then depend on the specific findings of the court or relevant authority. It is important to note that the primary focus of the instrument is on the procedural delegation of authority rather than on punitive measures for breaches.