Turnbull's reshuffle: administrative orders reveal Home Affairs' shape

By The Mandarin

December 21, 2017

Administrative orders to rearrange Commonwealth departments following Tuesday’s ministerial reshuffle show the extent of powers being moved into the new Department of Homeland Affairs.

While most of the responsibilities are being moved from the Attorney General’s Department, a handful will also be taken from other departments.

Home Affairs will retain immigration and add a range of security and enforcement matters, including transport security, cyber policy and emergency management.

Multicultural affairs will also move from the Department of Social Services into Home Affairs.

The schedule to the administrative orders has been republished below.

 

THE ATTORNEY-GENERAL’S DEPARTMENT
Matters dealt with by the Department
Omit: Criminal law and law enforcement
Substitute: Administration of criminal justice, including –
-criminal law policy and principles of criminal responsibility
-matters relating to prosecution
-sentencing and management of federal offenders
-international crime co-operation, including extradition and mutual assistance in criminal matters
Add: Fraud and anti-corruption policy
Omit: National security, protective security policy and co-ordination
Substitute: Protective security policy
Omit: Protective services at Commonwealth establishments and diplomatic and consular premises in Australia
Omit: Commonwealth emergency management
Omit: Natural disaster relief, recovery and mitigation policy and financial assistance including payments to the States and Territories and the Australian Government Disaster Recovery Payment
Omit: Critical infrastructure protection co-ordination

Legislation administered by the Minister
Omit: Anti-Money Laundering and Counter-Terrorism Financing Act 2006 Omit: AusCheck Act 2007
Omit: Australian Crime Commission Act 2002
Substitute: Australian Crime Commission Act 2002, section 27
Omit: Australian Crime Commission Establishment Act 2002
Omit: Australian Crime Commission (National Policing Information Charges) Act 2016
Omit: Australian Federal Police Act 1979
Omit: Australian Transaction Reports and Analysis Centre Industry Contribution Act 2011
Omit: Australian Transaction Reports and Analysis Centre Industry Contribution (Collection) Act 2011
Omit: Counter-Terrorism Legislation Amendment (Foreign Fighters) Act 2014
Omit: Crimes Act 1914
Substitute: Crimes Act 1914, except to the extent administered by the Minister for Home Affairs
Omit: Crimes (Aviation) Act 1991
Omit: Criminology Research Act 1971
Omit: Financial Transaction Reports Act 1988
Omit: Law Enforcement (AFP Professional Standards and Related Matters) Act 2006
Omit: National Crime Authority (Status and Rights of Former Chairman) Act 1984
Omit: Proceeds of Crime Act 1987
Substitute: Proceeds of Crime Act 1987, section 102
Omit: Proceeds of Crime Act 2002
Omit: Proceeds of Crime (Consequential Amendments and Transitional Provisions) Act 2002
Omit: Public Order (Protection of Persons and Property) Act 1971
Omit: Social Security Act 1991, insofar as it relates to Australian Government Disaster Recovery Payment, Disaster Recovery Allowance and the Australian Victim of Terrorism Overseas Payment
Omit: Social Security (Administration) Act 1999, insofar as it relates to Australian Government Disaster Recovery Payment, Disaster Recovery Allowance and the Australian Victim of Terrorism Overseas Payment
Omit: Witness Protection Act 1994

THE DEPARTMENT OF EMPLOYMENT
Omit the heading and substitute:
THE DEPARTMENT OF JOBS AND SMALL BUSINESS (Part of the Jobs and Innovation Portfolio)

Matters dealt with by the Department
Add: Reducing the burden of government regulation
Add: Small business policy and programmes

THE DEPARTMENT OF HUMAN SERVICES (Part of the Social Services Portfolio)
Omit the heading and substitute:
THE DEPARTMENT OF HUMAN SERVICES

THE DEPARTMENT OF IMMIGRATION AND BORDER PROTECTION
Omit the heading and substitute:
THE DEPARTMENT OF HOME AFFAIRS

Matters dealt with by the Department
Add: National security policy and operations
Add: Law enforcement policy and operations
Omit: Entry, stay and departure arrangements for non-citizens
Omit: Border immigration control
Substitute: Immigration and migration, including –
-border security
-entry, stay and departure arrangements for non-citizens
-customs and border control other than quarantine and inspection
Add: Multicultural affairs
Omit: Customs and border control other than quarantine and inspection
Add: Transport security
Add: Cyber policy co-ordination
Add: Protective services at Commonwealth establishments and diplomatic and consular premises in Australia
Add: Critical infrastructure protection co-ordination
Add: Commonwealth emergency management
Add: Natural disaster relief, recovery and mitigation policy and financial assistance including payments to the States and Territories and the Australian Government Disaster Recovery Payment

Legislation administered by the Minister
Add: Anti-Money Laundering and Counter-Terrorism Financing Act 2006
Add: AusCheck Act 2007
Add: Australian Crime Commission Act 2002, except to the extent administered by the Attorney-General
Add: Australian Crime Commission Establishment Act 2002
Add: Australian Crime Commission (National Policing Information Charges) Act 2016
Add: Australian Federal Police Act 1979
Add: Australian Transaction Reports and Analysis Centre Industry Contribution Act 2011
Add: Australian Transaction Reports and Analysis Centre Industry Contribution (Collection) Act 2011
Add: Aviation Transport Security Act 2004
Add: Crimes Act 1914, Parts IAA, IAAA, IAAB, IAB, IAC, IC, ID, and IE
Add: Crimes (Aviation) Act 1991
Add: Criminology Research Act 1971
Add: Financial Transaction Reports Act 1988
Add: Inspector of Transport Security Act 2006
Add: Law Enforcement (AFP Professional Standards and Related Matters) Act 2006
Add: Maritime Transport and Offshore Facilities Security Act 2003 Add: National Crime Authority (Status and Rights of Former Chairman)
Act 1984
Add: Proceeds of Crime Act 1987, except to the extent administered by the Attorney General
Add: Proceeds of Crime Act 2002
Add: Proceeds of Crime (Consequential Amendments and Transitional Provisions) Act 2002
Add: Public Order (Protection of Persons and Property) Act 1971
Add: Social Security Act 1991, insofar as it relates to Australian Government Disaster Recovery Payment, Disaster Recovery Allowance and the Australian Victim of Terrorism Overseas Payment
Add: Social Security (Administration) Act 1999, insofar as it relates to Australian Government Disaster Recovery Payment, Disaster Recovery Allowance and the Australian Victim of Terrorism Overseas Payment
Add: Witness Protection Act 1994

THE DEPARTMENT OF INDUSTRY, INNOVATION AND SCIENCE
Omit the heading and substitute:
THE DEPARTMENT OF INDUSTRY, INNOVATION AND SCIENCE (Part of the Jobs and Innovation Portfolio)

THE DEPARTMENT OF INFRASTRUCTURE AND REGIONAL DEVELOPMENT
Omit the heading and substitute:
THE DEPARTMENT OF INFRASTRUCTURE, REGIONAL DEVELOPMENT AND CITIES

Matters dealt with by the Department
Omit: Transport security
Add: National policy on cities
Add: Infrastructure and project financing Add: Population policy

Legislation administered by the Minister
Omit: Aviation Transport Security Act 2004
Omit: Inspector of Transport Security Act 2006
Omit: Maritime Transport and Offshore Facilities Security Act 2003

THE DEPARTMENT OF THE PRIME MINISTER AND CABINET

Matters dealt with by the Department
Omit: National security policy co-ordination
Substitute: Whole of government national security and intelligence policy co-ordination
Omit: Counter terrorism policy co-ordination
Omit: Cyber policy co-ordination
Omit: Reducing the burden of government regulation Omit: National policy on cities
Omit: Population policy
Omit: Infrastructure and project financing

THE DEPARTMENT OF SOCIAL SERVICES

Matters dealt with by the Department
Omit: Multicultural affairs

Legislation administered by the Minister
Omit: Social Security Act 1991, except to the extent administered by the Attorney-General or the Minister for Employment
Substitute: Social Security Act 1991, except to the extent administered by the Minister for Home Affairs or the Minister for Employment
Omit: Social Security (Administration) Act 1999, except to the extent administered by the Attorney-General or the Minister for Employment
Substitute: Social Security (Administration) Act 1999, except to the extent administered by the Minister for Home Affairs or the Minister for Employment

THE DEPARTMENT OF THE TREASURY

Matters dealt with by the Department
Omit: Small business policy and programmes

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