Administrative Arrangements Order - 13 April 2017 amendment

Overview

The Administrative Arrangements Order, 2017, issued on 13 April 2017 by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, updates the order initially made on 1 September 2016. This Order delineates the Departments of State, their principal areas of responsibility, and the specific legislation overseen by each Minister of State. The amendment is intended to streamline and clarify the allocation of administrative responsibilities within the government, ensuring that each Minister is clearly accountable for particular portfolios and legislative matters. The updated Order is available for reference on the Department of the Prime Minister and Cabinet’s website, providing transparency and accessibility for both the public and legal professionals.

Scope and Application

The Administrative Arrangements Order 2017, as amended on 13 April 2017, outlines the administrative structure and responsibilities of the Commonwealth government by specifying the departments under each Minister of State and the principal matters they are responsible for, along with the legislation each administers. This Order is instrumental in defining the scope and application of the legislation that each department handles, ensuring clarity in the administrative functions and governance of the Commonwealth. The amendments made to the Order on 13 April 2017, following the initial Order made on 1 September 2016, reflect adjustments to the departmental responsibilities and legislative administration, thereby impacting how laws are implemented and enforced across various sectors. This Order is applicable nationwide, covering the entire Commonwealth of Australia, and it provides a framework through which the government can efficiently manage its legislative responsibilities.

Key Provisions

The main operative sections of this legislation (C2017G00455) pertain to the Administrative Arrangements Order, which details the various Departments of State and the specific matters each department handles, as well as the legislation each Minister of State administers. This includes the establishment and reassignment of departments and the allocation of responsibilities among ministers (Schedule 1). For instance, Section 2 of the Order outlines the Department of Agriculture and Water Resources and specifies its principal matters, such as agricultural policy and water resource management. These sections are essential as they define the operational framework for the government's administration and the legislative responsibilities assigned to each minister. The obligations and requirements imposed by this Act on the parties or entities it governs include ensuring that each Minister of State is clearly assigned to a Department of State and that their roles and responsibilities are well-defined. The ministers must then manage their respective departments in accordance with the legislative mandates and policy directives provided under the Order. Additionally, the Order requires that each department operate within its defined scope, adhering to the legislative frameworks and government policies outlined in the Administrative Arrangements Order. This includes ensuring that departmental activities are aligned with the broader strategic objectives of the government. The legislation also outlines the consequences for breach of any of the provisions contained within the Administrative Arrangements Order. Offences may include failure to adhere to the specified departmental roles and responsibilities, or mismanagement of departmental functions. The consequences for such breaches can vary, with potential penalties including disciplinary actions against the minister or department involved, or even legal proceedings if the breach is deemed significant. For instance, a failure to comply with the Order could result in administrative penalties or legal action, depending on the severity of the breach and its impact on governmental operations. The maximum penalties for such offences are not explicitly stated in the Order but could include fines or other sanctions as determined by the relevant authorities.