Acts Interpretation (Ministerial Acting Arrangements for the Social Services Portfolio) Authorisation (No. 6) 2023
I, Amanda Rishworth, Minister for Social Services, 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 Madeline King, Minister for Resources and Minister for Northern Australia, 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This instrument commences on 25 December 2023 and is repealed at the end of 7 January 2024.
Dated 27 November 2023
Amanda Rishworth
Minister for Social Services
Overview
The Acts Interpretation (Ministerial Acting Arrangements for the Social Services Portfolio) Authorisation (No. 6) 2023 was enacted in 2023 to address the need for flexibility in ministerial arrangements within the Social Services Portfolio, ensuring that the continuity of essential government services is maintained in the Minister’s absence. Authorised by Amanda Rishworth, the Minister for Social Services, this notifiable instrument allows Madeline King, the Minister for Resources and Minister for Northern Australia, to exercise all powers and functions of the Social Services Minister during a specified period. This instrument was enacted under the authority of sections 19 and 34AAB of the Acts Interpretation Act 1901, with the policy objective of providing a seamless transfer of responsibilities to avoid any service disruptions. The instrument is effective from 25 December 2023 and will be repealed by 7 January 2024, ensuring a timely and efficient delegation of ministerial duties.
Scope and Application
The Acts Interpretation (Ministerial Acting Arrangements for the Social Services Portfolio) Authorisation (No. 6) 2023 provides a temporary delegation of authority from Amanda Rishworth, the Minister for Social Services, to Madeline King, the Minister for Resources and Minister for Northern Australia. This authorisation allows Madeline King to exercise all powers and functions conferred on Amanda Rishworth by any law of the Commonwealth, specifically under the Social Services Portfolio. This authorisation is in effect from 25 December 2023 until its repeal on 7 January 2024, ensuring that the necessary functions and powers are maintained during this interim period. The authorisation operates within the framework established by sections 19 and 34AAB of the Acts Interpretation Act 1901, providing a clear legal basis for the delegation of responsibilities.
This notifiable instrument ensures the continuity of ministerial duties and responsibilities within the specified timeframe, facilitating the effective administration of the Social Services Portfolio. The authorisation does not extend beyond the stated dates, and any actions taken by Madeline King under this authorisation are subject to the same legal constraints and requirements as if performed by Amanda Rishworth. The legislation does not detail any exclusions, exemptions, or thresholds but rather focuses on the procedural delegation of authority for a defined period.
Key Provisions
The primary operative sections of the Acts Interpretation (Ministerial Acting Arrangements for the Social Services Portfolio) Authorisation (No. 6) 2023 (the "Instrument") are found in sections 1 and 2. Section 1 establishes that Amanda Rishworth, the Minister for Social Services, authorises Madeline King, the Minister for Resources and Minister for Northern Australia, to exercise all her powers and functions within the Social Services portfolio on her behalf. This authorisation is granted under sections 19 and 34AAB of the Acts Interpretation Act 1901 and encompasses any powers or functions conferred by Commonwealth law. Section 2 specifies the commencement date of the Instrument as 25 December 2023 and its repeal at the end of 7 January 2024. This temporary delegation ensures a seamless transfer of responsibilities between the Ministers during a specified period.
The Act imposes several obligations and requirements on the parties involved. Firstly, Amanda Rishworth, as the authorising Minister, must ensure that Madeline King is adequately briefed on all matters within the Social Services portfolio. This includes providing necessary documentation, policies, and ongoing updates to facilitate informed decision-making. Secondly, Madeline King must exercise the delegated powers and functions diligently and within the scope of the authorisation. This includes adhering to all applicable laws and regulations and ensuring that any actions taken are in the best interest of the portfolio and the public. The Instrument also requires both Ministers to maintain clear communication and documentation regarding the delegation, including any decisions made and actions taken during the period of authorisation.
The Instrument does not explicitly outline specific offences or penalties for breaches of its provisions. However, any actions taken by Madeline King outside the scope of the authorisation could potentially lead to legal challenges or repercussions under the laws governing ministerial conduct and delegation of powers. Additionally, any breaches of the underlying Acts or regulations that Madeline King may administer while exercising the delegated functions could result in penalties as prescribed by those respective laws. It is essential for both Ministers to operate within the legal framework and ensure compliance to avoid any potential consequences.