Minister Powers (Authority to Exercise Powers Relating to the Making of Treasury Portfolio Instruments) Authorisation (No. 3) 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 Julie Collins, Minister for Agriculture, Fisheries and Forestry, 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 remaking the Competition and Consumer (Industry Code―Port Terminal Access (Bulk Wheat)) Regulation 2014.
The requirements are that:
(a) prior to releasing the draft instrument for public consultation, the Minister is to:
(i) consult my Department before settling the text of the draft instrument; and
(ii) seek the Prime Minister’s agreement to remake the instrument; and release it for public consultation; 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) 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 2 October 2026.
Dated 2 June 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. 3) 2026 was enacted to streamline the process of remaking regulations within the Treasury Portfolio, specifically addressing the need to remake the Competition and Consumer (Industry Code―Port Terminal Access (Bulk Wheat)) Regulation 2014. This legislation, introduced by the Australian Government, seeks to enhance efficiency in regulatory updates by authorising the Minister for Agriculture, Fisheries and Forestry, Julie Collins, to act on behalf of the Assistant Minister for Productivity, Competition, Charities and Treasury, Andrew Leigh. The authorisation includes specific conditions to ensure proper consultation and oversight, aiming to maintain the integrity and effectiveness of the regulatory framework. This instrument is designed to facilitate the timely update of regulations while adhering to established protocols and securing necessary approvals from relevant authorities before the release for public consultation and subsequent consideration by the Federal Executive Council.
Scope and Application
The Notifiable Instrument F2026N00388 pertains to the authorisation of Julie Collins, Minister for Agriculture, Fisheries and Forestry, to act on behalf of Andrew Leigh, Assistant Minister for Productivity, Competition, Charities and Treasury. This authorisation is specifically for the performance of functions or duties and the exercise of powers in relation to remaking the Competition and Consumer (Industry Code―Port Terminal Access (Bulk Wheat)) Regulation 2014. The authorisation is subject to certain conditions, including mandatory consultations with Andrew Leigh’s department before the draft instrument is released for public consultation and before final advice is provided to the Federal Executive Council. These consultations are intended to ensure alignment with the policy objectives and legal requirements set out by the Assistant Minister. Furthermore, the authorisation is limited to a specific timeframe, commencing the day after the instrument is registered on the Federal Register of Legislation and ending before 2 October 2026. The scope of this authorisation is confined to the Commonwealth jurisdiction, affecting entities and conduct within the purview of the Competition and Consumer Act 2010 and the specific regulations concerning bulk wheat terminal access.
Key Provisions
The main operative sections of the Minister Powers (Authority to Exercise Powers Relating to the Making of Treasury Portfolio Instruments) Authorisation (No. 3) 2026 (the Authorisation) are subsections 19(4) and 34AAB(1) of the Acts Interpretation Act 1901, which empower the Assistant Minister to delegate specific functions or duties to the Minister for Agriculture, Fisheries and Forestry. The key requirement outlined in the Authorisation is that Julie Collins, as the Minister for Agriculture, Fisheries and Forestry, is authorised to act on behalf of Andrew Leigh, Assistant Minister for Productivity, Competition, Charities and Treasury, in relation to remaking the Competition and Consumer (Industry Code―Port Terminal Access (Bulk Wheat)) Regulation 2014 (the Regulation). However, this authorisation is subject to certain conditions that must be met prior to the release of the draft instrument for public consultation and the final advice to the Federal Executive Council.
The obligations imposed by the Authorisation include a mandatory consultation process. Prior to releasing the draft instrument for public consultation, the Minister is required to consult Andrew Leigh's Department and seek the Prime Minister's agreement to remake the instrument (clause (a)(i) and (ii)). Additionally, before providing the Federal Executive Council with advice that includes an instrument for the Governor-General's consideration, the Minister must consult Andrew Leigh's Department and Office before settling the final text of the instrument (clause (b)). These consultation requirements ensure that the Assistant Minister's Department and Office are involved in the decision-making process regarding the remaking of the Regulation.
Any breach of the conditions outlined in the Authorisation may result in legal consequences. While the Authorisation does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance, failure to adhere to the consultation requirements may potentially lead to legal challenges or scrutiny. The authorisation itself is a formal delegation of authority, and any significant departure from its terms could be subject to review by the relevant authorities. Furthermore, non-compliance with the consultation requirements could undermine the integrity of the legislative process and may have broader implications for the governance of the remaking of the Regulation.