Ministerial Powers (Acting Arrangements in the Foreign Affairs and Trade, Home Affairs and Treasury Portfolios) (No. [2]) Authorisation 2025

Overview

The Ministerial Powers (Acting Arrangements in the Foreign Affairs and Trade, Home Affairs and Treasury Portfolios) (No. [2]) Authorisation 2025I was enacted to facilitate the seamless transfer of ministerial responsibilities in the event of absence or unavailability of the relevant ministers. This piece of legislation was introduced to address the need for continuity in government functions and the effective administration of policies in the portfolios of small business, international development, and multicultural affairs. Authorised by Dr Anne Aly, the Minister for Small Business, Minister for International Development, and Minister for Multicultural Affairs, this authorisation empowers the Hon Tanya Plibersek MP, Minister for Social Services, to act on Dr Aly’s behalf during a specified period from 26 December 2025 to 18 January 2026. The policy objective behind this authorisation is to ensure that the government's operations remain uninterrupted and that critical policy initiatives continue to be progressed without delay.

Scope and Application

The Ministerial Powers (Acting Arrangements in the Foreign Affairs and Trade, Home Affairs and Treasury Portfolios) (No. [2]) Authorisation 2025I provides authority for the Hon Tanya Plibersek MP, Minister for Social Services, to act on behalf of the Hon Anne Aly MP, who holds the positions of Minister for Small Business, Minister for International Development, and Minister for Multicultural Affairs. This authorisation allows the delegation of specific functions and duties, or the exercise of powers, related to small business policy and programs under the Department of the Treasury, international development under the Department of Foreign Affairs and Trade, and multicultural affairs under the Department of Home Affairs. The authorisation is underpinned by subsections 19(4) and 34AAB(1) of the Acts Interpretation Act 1901 and is effective from 26 December 2025 until 18 January 2026. This authorisation is geographically applicable within the Commonwealth of Australia, affecting the aforementioned departments and their respective portfolios. It does not extend to any other areas or entities outside the scope of the specified ministerial roles and responsibilities. Subordinate instruments may further define or restrict the application of this authorisation within its operational period.

Key Provisions

The Ministerial Powers (Acting Arrangements in the Foreign Affairs and Trade, Home Affairs and Treasury Portfolios) (No. [2]) Authorisation 2025I, issued by the Hon Anne Aly MP, designates the Hon Tanya Plibersek MP to act on her behalf in specific ministerial roles. This authorisation pertains to small business policy and programs, international development, and multicultural affairs, as outlined in the Administrative Arrangements Order (sections 19(4) and 34AAB(1) of the Acts Interpretation Act 1901). The authorisation empowers Tanya Plibersek to perform or exercise any functions, duties, or powers that Anne Aly would otherwise undertake under relevant Acts or provisions of Acts within these specified areas. This delegation is effective from 26 December 2025 and will conclude on 18 January 2026. The obligations under this Act require Tanya Plibersek to act within the scope of the delegation, ensuring that all actions taken are consistent with the functions and responsibilities of Anne Aly’s ministerial roles. This includes adherence to any specific directives, policies, and protocols established for these roles. Plibersek must maintain the integrity and continuity of the functions and duties, ensuring no lapse in service or policy implementation during Aly’s absence. Additionally, Plibersek is required to report back to Aly upon her return, detailing any actions taken and decisions made during the authorised period. Failure to comply with the provisions of this Act may result in civil or criminal consequences. Although the specific offences, penalties, or consequences are not detailed within the text of this instrument, breaches of similar authorisations typically involve legal actions such as fines or other penalties as stipulated by the relevant Acts or administrative guidelines. The exact penalties would depend on the nature of the breach and any applicable legislation governing ministerial conduct and administrative arrangements. It is important to note that the legal framework and procedural consequences for non-compliance would be pursued in accordance with Australian law, ensuring accountability and adherence to the authorised ministerial powers.