Acts Interpretation (Ministerial Acting Arrangements for the Pacific Island Affairs Portfolio) Authorisation (No. 1) 2025
I, the Hon Pat Conroy MP, Minister for Pacific Island Affairs, acting in accordance with sections 19 and 34AAB of the Acts Interpretation Act 1901, and all other powers thereunto enabling, as the case requires, hereby authorise the Hon Richard Marles MP, Deputy Prime Minister and Minister for Defence, to exercise, on my behalf, all my powers and functions, including powers and functions conferred on me by any law of the Commonwealth.
This instrument commences on 25 December 2025 and is repealed at the end of 18 January 2026.
Dated 10/12/2025
Pat Conroy
Minister for Defence Industry and Minister for Pacific Island Affairs
Overview
The Acts Interpretation (Ministerial Acting Arrangements for the Pacific Island Affairs Portfolio) Authorisation (No. 1) 2025 was enacted to facilitate the delegation of powers and functions from the Minister for Pacific Island Affairs, the Hon Pat Conroy MP, to another ministerial office, specifically the Hon Richard Marles MP, Deputy Prime Minister and Minister for Defence. This authorisation was introduced to address the need for continuity in the management of the Pacific Island Affairs Portfolio in the event of the primary minister's absence or unavailability. Authorised under sections 19 and 34AAB of the Acts Interpretation Act 1901, this notifiable instrument aims to ensure that the critical responsibilities associated with the Pacific Island Affairs Portfolio are effectively maintained without interruption. This authorisation is effective from 25 December 2025 until it is repealed on 18 January 2026.
Scope and Application
The Acts Interpretation (Ministerial Acting Arrangements for the Pacific Island Affairs Portfolio) Authorisation (No. 1) 2025 provides for the delegation of specific powers and functions from the Minister for Pacific Island Affairs to the Deputy Prime Minister and Minister for Defence, Hon Richard Marles MP, within the framework of the Acts Interpretation Act 1901. This authorisation allows the Deputy Prime Minister to exercise any powers and functions conferred on the Minister for Pacific Island Affairs by any law of the Commonwealth, thereby enabling effective administration and oversight of the relevant portfolio during the specified period. This instrument is applicable to the Commonwealth and operates from 25 December 2025 until it is repealed at the end of 18 January 2026, ensuring a seamless transition of responsibilities and the continuity of governance in the interim.
Key Provisions
The key provisions of the Acts Interpretation (Ministerial Acting Arrangements for the Pacific Island Affairs Portfolio) Authorisation (No. 1) 2025 (the "Instrument") centre around the delegation of certain powers and functions from the Minister for Pacific Island Affairs, the Hon Pat Conroy MP, to another Minister, the Hon Richard Marles MP, Deputy Prime Minister and Minister for Defence. This delegation is facilitated by sections 19 and 34AAB of the Acts Interpretation Act 1901, which allow for the assignment of powers and functions among Ministers under specific circumstances. The Instrument specifies that the delegation will occur from 25 December 2025 until 18 January 2026, after which it will be repealed (section 1).
Under this Instrument, the Minister for Pacific Island Affairs, the Hon Pat Conroy MP, authorises the Hon Richard Marles MP to exercise all powers and functions that are conferred upon the Minister for Pacific Island Affairs by any law of the Commonwealth (section 1). This includes the authority to act on behalf of the Minister for Pacific Island Affairs in all matters related to the Pacific Island Affairs Portfolio during the specified period. The delegation encompasses the full scope of powers and functions, ensuring that the Deputy Prime Minister and Minister for Defence can fully assume the responsibilities of the Pacific Island Affairs Portfolio in the absence of the Minister.
The obligations imposed by the Instrument primarily concern the proper exercise of delegated powers and functions. The Hon Richard Marles MP must ensure that all actions taken under the delegation are within the scope of the powers conferred and are exercised in accordance with the relevant laws and policies. The Instrument does not impose specific administrative or reporting obligations but rather focuses on the effective delegation of authority.
In terms of consequences for breach, the Instrument does not explicitly outline specific offences, penalties, or consequences for non-compliance. However, any misuse of delegated powers could potentially lead to legal repercussions under the general principles of administrative law, including judicial review for improper exercise of power or function. The penalties for such actions would depend on the nature and severity of the breach, and could include corrective orders, compensation, or other remedies available under the relevant laws.