Acts Interpretation (Ministerial Acting Arrangements for the Trade and Tourism, Special Minister of State Portfolios) Authorisation (No. 11) 2024

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Trade and Tourism, Special Minister of State Portfolios) Authorisation (No. 11) 2024, enacted in 2024, addresses the need for ministerial acting arrangements within the Trade and Tourism, and Special Minister of State portfolios. The instrument was authorised by Senator Don Farrell, the Minister for Trade and Tourism, Special Minister of State, under the authority provided by sections 19 and 34AAB of the Acts Interpretation Act 1901. The policy objective behind this authorisation is to ensure continuity of government functions in the event that the Minister is temporarily unavailable, thereby maintaining the efficiency and effectiveness of the administration of relevant laws and responsibilities. This notifiable instrument, which authorises the Hon Amanda Rishworth, Minister for Social Services, to act on behalf of the Minister for Trade and Tourism, Special Minister of State, is set to commence on 4 January 2025 and will be repealed by 19 January 2025, ensuring a temporary yet precise delegation of authority.

Scope and Application

The Acts Interpretation (Ministerial Acting Arrangements for the Trade and Tourism, Special Minister of State Portfolios) Authorisation (No. 11) 2024 applies specifically to the Ministerial roles and functions of the Minister for Trade and Tourism and the Special Minister of State, presently held by Senator Don Farrell. Under this authorisation, the Hon Amanda Rishworth, Minister for Social Services, is empowered to exercise all powers and functions conferred upon Senator Farrell by any Commonwealth law for a limited period starting from 4 January 2025 until the instrument is repealed on 19 January 2025. The authorisation is issued under the authority of the Acts Interpretation Act 1901, specifically sections 19 and 34AAB, which provide the legal basis for such delegations of authority. This temporary arrangement ensures continuity in the administration of these portfolios during the specified period.

Key Provisions

The main operative sections of F2024N01131 are contained within the brief document, which authorises a delegation of powers. Section 1 provides the authorisation by Senator Don Farrell, the Minister for Trade and Tourism and Special Minister of State, to the Hon Amanda Rishworth, Minister for Social Services. This authorisation (section 1) allows Ms Rishworth to exercise all powers and functions conferred upon Senator Farrell by any law of the Commonwealth on his behalf. This includes the authority under sections 19 and 34AAB of the Acts Interpretation Act 1901, as well as any other powers enabling such action. This authorisation is set to commence on Saturday 4 January 2025 and will be repealed at the end of Sunday 19 January 2025 (section 1). The obligations and requirements imposed by this Act are primarily centred on the delegation of authority from Senator Farrell to Ms Rishworth. The authorisation requires Ms Rishworth to act in accordance with the powers and functions delegated to her, ensuring that all actions taken are within the scope of the delegation. It is also imperative that Ms Rishworth exercises these powers responsibly, adhering to the intent and legal framework of the original conferral of authority upon Senator Farrell. This includes maintaining the integrity and legality of any decisions made during the period of delegation, as well as ensuring that all actions are consistent with the laws of the Commonwealth. There are no explicit offences, penalties, or civil/criminal consequences outlined for breaches of this notifiable instrument. The primary focus of the document is on the delegation of authority and the timeframe within which this delegation is valid. However, any actions taken under this delegation that contravene the law or exceed the scope of the authorised powers could potentially lead to legal consequences. These could include judicial review, disciplinary action, or other legal remedies available under Australian law for misuse of delegated authority. Overall, the Act serves to facilitate a temporary transfer of ministerial responsibilities, ensuring that essential functions can be carried out smoothly during a period of absence or other exigent circumstances. The delegation is tightly bounded by the specified timeframe, ensuring that it does not extend beyond the intended period. This legal instrument is straightforward and primarily procedural, designed to maintain continuity in governmental operations without imposing additional burdens or complex requirements on the parties involved.