Acts Interpretation (Ministerial Acting Arrangements for the Prime Minister and Cabinet Portfolio) Authorisation (No. 1) 2022

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Prime Minister and Cabinet Portfolio) Authorisation (No. 1) 2022, enacted by the Minister for Women, Katherine Ruth Gallagher, on 8 December 2022, addresses the need for ministerial acting arrangements within the Prime Minister and Cabinet portfolio. This authorisation empowers the Hon Dr Anne Aly MP, Minister for Early Childhood Education and Minister for Youth, to exercise the powers and functions of the Minister for Women from 2 January 2023 until 15 January 2023. The objective of this instrument is to facilitate seamless continuity of government operations by allowing designated ministers to step in and perform the duties of other ministers when necessary, thereby ensuring the effective functioning of the administration. The instrument is in line with sections 19 and 34AAB of the Acts Interpretation Act 1901 and will cease to have effect at the end of the specified period.

Scope and Application

The Acts Interpretation (Ministerial Acting Arrangements for the Prime Minister and Cabinet Portfolio) Authorisation (No. 1) 2022 outlines the delegation of specific powers and functions from one minister to another within the Commonwealth. Specifically, Katherine Ruth Gallagher, the Minister for Women and Minister for the Public Service, authorises Dr Anne Aly MP, who holds the positions of Minister for Early Childhood Education and Minister for Youth, to exercise her powers and functions during a defined period. This authorisation is exercised in accordance with sections 19 and 34AAB of the Acts Interpretation Act 1901, and encompasses all powers and functions conferred to Katherine Ruth Gallagher by any Commonwealth law. The authorisation is effective from Monday 2 January 2023 and remains in force until the end of Sunday 15 January 2023. This temporary delegation is a formal mechanism to ensure continuity of government operations and decision-making in the interim period, without any stated exclusions or exemptions within the scope of the authorisation itself.

Key Provisions

The primary operative sections of this legislation, F2023N00165 (Notifiable instrument), include the authorisation of the Hon Dr Anne Aly MP to exercise the powers and functions of Katherine Ruth Gallagher, the Minister for Women and Minister for the Public Service (s. 1). This authorisation is granted under sections 19 and 34AAB of the Acts Interpretation Act 1901, and is effective from Monday 2 January 2023 until the end of Sunday 15 January 2023 (inclusive). This temporary delegation of authority allows Dr Aly to act on behalf of the Minister for Women, ensuring continuity of ministerial responsibilities during the specified period. The Act imposes specific obligations and requirements on the parties involved. Katherine Ruth Gallagher, as the authorising Minister, must ensure that the delegation is clearly defined and that Dr Aly is fully aware of and capable of exercising the powers and functions conferred upon her. Dr Aly, as the authorised Minister, must act within the scope of the delegation and ensure that any actions taken are in accordance with the legislative and ministerial responsibilities she has been entrusted with. Both parties are required to maintain transparency and accountability in their dealings, ensuring that all actions are consistent with the objectives and principles of the Australian government. Failure to comply with the provisions of this legislation may result in various consequences. Although the Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches, the nature of the authorisation suggests that any significant deviation from the scope of the delegation could lead to administrative or legal scrutiny. The potential repercussions could include the revocation of the authorisation, formal investigations, or other disciplinary measures. The seriousness of the consequences would depend on the extent and nature of the breach, as well as the potential impact on public trust and governance. In summary, this legislation provides a temporary delegation of authority from Katherine Ruth Gallagher to Dr Anne Aly, ensuring that ministerial responsibilities are maintained during a specified period. The obligations and requirements are centred around the clear definition of the delegation, transparency, and accountability. While specific penalties are not outlined, breaches of the delegation terms could lead to significant administrative and legal consequences.