Acts Interpretation (Ministerial Acting Arrangements for the Prime Minister and Cabinet and Finance Portfolios) Authorisation (No. 1) 2022

Overview

The Acts Interpretation (Ministerial Acting Arrangements for the Prime Minister and Cabinet and Finance Portfolios) Authorisation (No. 1) 2022 was enacted to address the need for clear and efficient delegation of powers within the Australian Government, specifically concerning the roles of the Prime Minister, Cabinet, and the Finance Minister. This notifiable instrument was introduced to ensure that the functions and powers of the Minister for Finance and Minister for the Public Service, Katherine Ruth Gallagher, can be exercised by the Hon Jim Chalmers MP, Treasurer, during a defined period. Authorised under sections 19 and 34AAB of the Acts Interpretation Act 1901, this instrument was enacted by the Parliament of Australia to streamline administrative processes and maintain government continuity, effectively preventing any lapse in critical financial and public service functions. The policy objective is to provide a seamless transition and delegation of ministerial responsibilities, ensuring that the government's operations remain uninterrupted during the specified period.

Scope and Application

The Acts Interpretation (Ministerial Acting Arrangements for the Prime Minister and Cabinet and Finance Portfolios) Authorisation (No. 1) 2022 applies to the Hon Jim Chalmers MP, Treasurer, who is authorised to exercise the powers and functions of the Minister for Finance and Minister for the Public Service, Katherine Ruth Gallagher, during a specific period. This authorisation allows the Treasurer to act in the Minister's capacity, exercising any powers and functions conferred by Commonwealth law. The authorisation is effective from 2 January 2023 until 15 January 2023. The instrument operates within the Commonwealth jurisdiction, facilitating the seamless transfer of ministerial duties between the named officials for the designated period. There are no stated exclusions or exemptions in this instrument, and it does not extend or restrict application through subordinate instruments. This authorisation is a temporary measure to ensure continuity in the exercise of specific powers and functions during a transition period.

Key Provisions

The key provisions of the Acts Interpretation (Ministerial Acting Arrangements for the Prime Minister and Cabinet and Finance Portfolios) Authorisation (No. 1) 2022 (F2023N00164) are set out in the document which authorises the Treasurer, the Hon Jim Chalmers MP, to exercise specific powers and functions on behalf of the Minister for Finance and Minister for the Public Service, Katherine Ruth Gallagher, from 2 January 2023 to 15 January 2023. Under section 1 of the instrument, Katherine Gallagher authorises Jim Chalmers to exercise all powers and functions conferred upon her by any Commonwealth law, in accordance with sections 19 and 34AAB of the Acts Interpretation Act 1901. This includes any powers and functions that she may possess under the authority of any other legislation. The obligations and requirements imposed by this Act on the parties involved are primarily centred around the delegation of specific powers and functions. Katherine Gallagher, as the Minister for Finance and Minister for the Public Service, is obligated to authorise the delegation of her powers and functions to the Treasurer for the specified period. This delegation ensures that the Treasury can continue to operate effectively during the transition period. The Treasurer, Jim Chalmers, must ensure that any actions taken under the delegation of powers are exercised in accordance with the law and within the scope of the delegation. There are no explicit offences, penalties, or consequences mentioned in the instrument for breaches of the authorisation. However, any misuse or unauthorised exercise of the powers and functions delegated to the Treasurer could potentially lead to legal consequences under the relevant legislation from which the powers and functions were derived. The maximum penalties would be those specified in the laws conferring the powers and functions in question, rather than under this instrument itself. It is essential for the Treasurer to act within the scope of the delegation and in compliance with the applicable laws to avoid any potential legal repercussions.