Minister Powers (Authority to Exercise Powers Relating to the Making of Treasury Portfolio Instruments) Authorisation (No. 2) 2026
Subject to the requirements set out below, I, Andrew Leigh, Assistant Minister for Productivity, Competition, Charities and Treasury, under subsections 19(4) and 34AAB(1) of the Acts Interpretation Act 1901, authorise Chris Bowen, Minister for Climate Change and Energy, to act on my behalf in the performance of functions or duties, or the exercise of powers, that I may perform or exercise in relation to progressing changes to the Competition and Consumer Regulations 2010 to prescribe certain provisions of State and Territory laws relating to energy. The requirements are that:
(a) prior to making any instrument on my behalf, the Minister is to consult my Department and my Office before settling the final text of the instrument; and
(b) prior to providing the Federal Executive Council with advice that includes an instrument for the Governor-General’s consideration, the Minister is to consult my Department and my Office before settling the final text of the instrument; and
(c) that performance of any functions or duties, or the exercise of any powers, under this instrument occurs only during the period that starts the day after this instrument is registered on the Federal Register of Legislation and ends before 1 July 2026.
Dated 29 April 2026
Dr Andrew Leigh
Assistant Minister for Productivity, Competition, Charities and Treasury
Parliamentary Secretary to the Treasurer
Overview
The Minister Powers (Authority to Exercise Powers Relating to the Making of Treasury Portfolio Instruments) Authorisation (No. 2) 2026 was enacted to address the need for streamlined decision-making and efficient policy implementation within the Treasury Portfolio. This authorisation allows Chris Bowen, the Minister for Climate Change and Energy, to act on behalf of Andrew Leigh, the Assistant Minister for Productivity, Competition, Charities and Treasury, in relation to specific functions and duties concerning the Competition and Consumer Regulations 2010. The objective of this authorisation is to facilitate the progress of changes to the Regulations that involve prescribing certain State and Territory laws related to energy, while ensuring thorough consultation and adherence to the prescribed timeframe. This legislative instrument was authorised under subsections 19(4) and 34AAB(1) of the Acts Interpretation Act 1901 and was issued by the relevant Minister in accordance with the requirements set out in the instrument.
Scope and Application
The Minister Powers (Authority to Exercise Powers Relating to the Making of Treasury Portfolio Instruments) Authorisation (No. 2) 2026 applies specifically to the delegation of authority to the Minister for Climate Change and Energy, Chris Bowen, by the Assistant Minister for Productivity, Competition, Charities and Treasury, Dr Andrew Leigh. The authorisation allows Mr Bowen to act on Dr Leigh's behalf in progressing changes to the Competition and Consumer Regulations 2010, particularly in prescribing certain provisions of State and Territory laws relating to energy. This authorisation is confined to the Commonwealth jurisdiction and is subject to specific conditions. Notably, Mr Bowen must consult with Dr Leigh's Department and Office before settling the final text of any instrument to be made on behalf of Dr Leigh, both prior to making the instrument and before advising the Federal Executive Council. Additionally, these powers can only be exercised from the day after the instrument is registered on the Federal Register of Legislation until June 30, 2026. This authorisation does not extend beyond the prescribed period or the outlined conditions, ensuring that the authority remains strictly controlled and transparent.
Key Provisions
The main operative sections of the "Minister Powers (Authority to Exercise Powers Relating to the Making of Treasury Portfolio Instruments) Authorisation (No. 2) 2026" are outlined in the introduction, where it grants specific authorisation to Chris Bowen, the Minister for Climate Change and Energy, to act on behalf of Andrew Leigh, the Assistant Minister for Productivity, Competition, Charities and Treasury. This authorisation is limited to the progression of changes to the Competition and Consumer Regulations 2010 to prescribe certain State and Territory laws relating to energy. The authorisation is subject to several conditions (a), (b), and (c). Firstly, before making any instrument on behalf of Andrew Leigh, Chris Bowen must consult with Andrew Leigh’s Department and Office to settle the final text of the instrument. Secondly, before providing advice to the Federal Executive Council for the Governor-General’s consideration, Chris Bowen must again consult with Andrew Leigh’s Department and Office to settle the final text of the instrument. Lastly, the exercise of these powers must occur within a specified timeframe, starting the day after the instrument is registered on the Federal Register of Legislation and ending before 1 July 2026.
The Act imposes several obligations and requirements on the parties involved. Chris Bowen, as the authorised Minister, must ensure that he consults with Andrew Leigh’s Department and Office before settling the final text of any instrument he makes on Andrew Leigh’s behalf. This requirement ensures that the Minister acts within the bounds of the authorisation and that the final instrument aligns with Andrew Leigh's expectations and directives. Additionally, the Act specifies a clear timeframe for the exercise of these powers, ensuring that they are only exercised during the defined period starting from the day after the instrument is registered on the Federal Register of Legislation and ending before 1 July 2026.
There are no explicit offences, penalties, or civil/criminal consequences mentioned in the text for breach of the authorisation conditions. However, failure to adhere to the stipulated consultation requirements or to operate within the specified timeframe could potentially lead to legal or procedural challenges. Such non-compliance might result in the nullification of the instrument, thereby undermining the legislative intent and possibly leading to delays in the regulatory changes intended to be implemented. While the text does not detail specific penalties, the consequences of such breaches could be significant, including the need to re-consult and re-draft the instrument, which might extend the timeline for the regulatory changes.