Administrative Arrangements Order - 3 October 2013 amendment

Overview

The Administrative Arrangements Order 2013, issued on 3 October 2013, constitutes a formal amendment to the administrative arrangements of the Commonwealth of Australia's executive government. Enacted by the Governor-General, Quentin Bryce AC CVO, under the authority of the Constitution and the advice of the Federal Executive Council, this order redistributes responsibilities among various government departments to enhance efficiency and clarity in the administration of federal matters. The changes aim to streamline the roles and functions of departments, thereby addressing inefficiencies and ensuring that responsibilities are allocated to the most appropriate entities to better serve public policy objectives. The objective of this administrative adjustment is to realign the responsibilities of key departments, such as the Attorney-General’s Department, the Department of Education, and the Department of Industry, among others. By redistributing duties like native title matters, research coordination, and international science engagement, the order seeks to foster more coherent and effective governance. This restructuring was necessitated by the need to address gaps and overlaps in the previous administrative framework, ensuring that each department's portfolio aligns closely with its core competencies and the broader strategic goals of the government.

Scope and Application

The Administrative Arrangements Order, as amended, delineates the responsibilities and areas of oversight for various Commonwealth departments, and specifies the legislative instruments under their administration. For instance, the Attorney-General's Department is now tasked with matters related to native title, with specific legislative responsibilities including the Aboriginal and Torres Strait Islander Heritage Protection Act 1984, the Aboriginal Land Rights (Northern Territory) Act 1976, and certain sections of the Native Title Act 1993. Conversely, the Department of Education is entrusted with the coordination of research policy in relation to universities, the creation and development of research infrastructure, and research grants and fellowships, with the Australian Research Council Act 2001 and the Australian Research Council (Consequential and Transitional Provisions) Act 2001 being pertinent legislative instruments. The Department of Employment, meanwhile, has had its brief altered to exclude migrant adult education, while the Department of Foreign Affairs and Trade's mandate now encompasses the entire tourism industry, inclusive of both international and domestic facets, with the Tourism Australia Act 2004 and the Tourism Australia (Repeal and Transitional Provisions) Act 2004 being key legislative instruments. The Department of Industry's role in research has been streamlined to focus on science research policy and international science engagement, while also assuming responsibility for migrant adult education. These amendments illustrate a strategic redistribution of governmental responsibilities aimed at enhancing the efficiency and focus of each department’s operations.

Key Provisions

This legislation amends the Administrative Arrangements Order made on 18 September 2013. It modifies the responsibilities of various departments under the Australian government. The Attorney-General’s Department will now handle matters related to native title, and will administer specific sections of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984, the Aboriginal Land Rights (Northern Territory) Act 1976, and the Native Title Act 1993, excluding those parts already under the Minister for Indigenous Affairs. The Department of Education will now coordinate research policy in relation to universities, and focus on the creation and development of research infrastructure and research grants and fellowships. Additionally, it will oversee policy, coordination, and support for international education and research engagement, administering the Australian Research Council Act 2001 and the Australian Research Council (Consequential and Transitional Provisions) Act 2001. The Department of Employment will no longer handle migrant adult education, which has been transferred to the Department of Industry. The Department of Foreign Affairs and Trade will now handle all tourism industry matters, both international and domestic, and will administer the Tourism Australia Act 2004 and the Tourism Australia (Repeal and Transitional Provisions) Act 2004. The Department of Industry will coordinate science research policy, handle international science engagement, and take over migrant adult education. It will no longer handle the Australian Research Council Act 2001, the Australian Research Council (Consequential and Transitional Provisions) Act 2001, the Tourism Australia Act 2004, or the Tourism Australia (Repeal and Transitional Provisions) Act 2004. The Department of the Prime Minister and Cabinet will no longer handle native title matters, but will administer the Aboriginal and Torres Strait Islander Heritage Protection Act 1984, the Aboriginal Land Rights (Northern Territory) Act 1976, and the Native Title Act 1993, excluding those parts already under the Attorney-General. The legislation does not explicitly state any offences, penalties, or civil or criminal consequences for breaches. However, the administrative nature of the amendments suggests that any failures to comply with the new arrangements would likely result in administrative consequences, such as reassignment of duties or responsibilities, rather than criminal or civil penalties. The exact consequences would depend on how these changes are implemented and enforced within the government structure.