Minister Powers (Authority to Exercise Powers Relating to the Making of Treasury Portfolio Instruments) Authorisation (No. 1) 2026

Overview

The Minister Powers (Authority to Exercise Powers Relating to the Making of Treasury Portfolio Instruments) Authorisation (No. 1) 2026, enacted on 23 February 2026, was introduced to facilitate the efficient and effective progression of changes to the Competition and Consumer (Industry Code—Electricity Retail) Regulations 2019, following the recommendations of the Default Market Offer review. The legislation was authorised by Dr Andrew Leigh, the Assistant Minister for Productivity, Competition, Charities and Treasury, and was enacted to streamline the process of updating regulatory instruments. The policy objective outlined in the text is to ensure that any changes to the existing regulations are implemented smoothly, with adequate consultation between relevant departments and offices to maintain the integrity and effectiveness of the regulatory framework. The authorisation allows Chris Bowen, the Minister for Climate Change and Energy, to act on behalf of Dr Leigh in performing functions or exercising powers related to the regulatory changes, subject to certain conditions. These conditions include mandatory consultations with Dr Leigh's Department and Office prior to the finalisation and submission of any instruments. The authorisation is effective from the day after its registration on the Federal Register of Legislation until 30 April 2026, ensuring a specific timeframe within which the authorised actions must take place. This legislative instrument aims to address potential delays and complexities in the regulatory amendment process by empowering the Minister for Climate Change and Energy to act with the necessary authority and consultation.

Scope and Application

The Minister Powers (Authority to Exercise Powers Relating to the Making of Treasury Portfolio Instruments) Authorisation (No. 1) 2026 specifies the delegation of authority from the Assistant Minister for Productivity, Competition, Charities and Treasury, Andrew Leigh, to the Minister for Climate Change and Energy, Chris Bowen. This authorisation allows the Minister for Climate Change and Energy to perform functions, duties, and exercise powers related to the progression of amendments to the Competition and Consumer (Industry Code—Electricity Retail) Regulations 2019, which aim to implement the recommendations from the Default Market Offer review. The authority is subject to certain conditions, including mandatory consultations with the Assistant Minister’s Department and Office both before finalizing the instrument text and before presenting it to the Federal Executive Council for the Governor-General’s consideration. Additionally, this authorisation is strictly time-bound, only valid from the day after its registration on the Federal Register of Legislation until 30 April 2026. This delegation is limited to the specific context of modifying the electricity retail industry code regulations, and does not extend to other areas outside this scope.

Key Provisions

The main operative sections of the "Minister Powers (Authority to Exercise Powers Relating to the Making of Treasury Portfolio Instruments) Authorisation (No. 1) 2026" are found in paragraphs (a), (b), and (c). These provisions outline the conditions under which Chris Bowen, the Minister for Climate Change and Energy, is authorised to act on behalf of Andrew Leigh, the Assistant Minister for Productivity, Competition, Charities and Treasury. Specifically, paragraph (a) requires that the Minister consults Dr Leigh's Department and Office before settling the final text of any instrument related to changes in the Competition and Consumer (Industry Code—Electricity Retail) Regulations 2019. Paragraph (b) reiterates this requirement, adding that the Minister must consult again before advising the Federal Executive Council. Finally, paragraph (c) stipulates that any functions or duties performed or powers exercised under this instrument must occur between the day after registration on the Federal Register of Legislation and before 30 April 2026. The Act imposes several obligations on the parties it governs. Firstly, the Minister for Climate Change and Energy must ensure thorough consultation with Dr Leigh's Department and Office before finalizing any instrument text. This requirement underscores the importance of collaborative decision-making and thorough review processes. Secondly, the exercise of powers under this authorisation is strictly time-bound, occurring only within the specified period starting from the day after registration on the Federal Register of Legislation and ending before 30 April 2026. This temporal restriction ensures that the authorisation does not extend beyond its intended scope or duration. There are no specific offences, penalties, or civil/criminal consequences outlined in this authorisation. However, failure to comply with the stipulated consultation requirements could lead to administrative or procedural repercussions. These might include delays in the legislative process or potential challenges to the validity of instruments made without proper consultation. The lack of explicit penalties in this authorisation suggests that the primary mechanism for ensuring compliance is the internal accountability and oversight within the Department and Office of the Assistant Minister for Productivity, Competition, Charities and Treasury.