Minister Powers (Authority to Exercise Powers Relating to the Making of Treasury Portfolio Instruments) Authorisation (No. 4) 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 making amendments to the Competition and Consumer (Industry Codes―Dairy) Regulations 2019 (the Regulations) to implement the Government’s response to the Second Review of the Dairy Code of Conduct.
The requirements are that:
(a) prior to releasing the draft instrument for targeted consultation with industry stakeholders, 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 amend the Regulations in the instrument, and release it for targeted 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 on 1 June 2027.
Dated 18 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. 4) 2026, enacted by Dr Andrew Leigh, the Assistant Minister for Productivity, Competition, Charities and Treasury, authorises Julie Collins, the Minister for Agriculture, Fisheries and Forestry, to act on his behalf in performing functions or duties, or exercising powers, related to making amendments to the Competition and Consumer (Industry Codes―Dairy) Regulations 2019. This authorisation addresses the need for streamlined decision-making processes in implementing the government’s response to the Second Review of the Dairy Code of Conduct. The enactment aims to ensure that necessary consultations and agreements are secured before any regulatory changes are proposed or finalised. The policy objective is to facilitate efficient and effective governance while maintaining appropriate oversight and consultation with relevant stakeholders.
Scope and Application
The Minister Powers (Authority to Exercise Powers Relating to the Making of Treasury Portfolio Instruments) Authorisation (No. 4) 2026 pertains to the delegation of specific authority from Dr. Andrew Leigh, Assistant Minister for Productivity, Competition, Charities, and Treasury, to Julie Collins, Minister for Agriculture, Fisheries, and Forestry. This authorisation is confined to the tasks of making amendments to the Competition and Consumer (Industry Codes―Dairy) Regulations 2019 to implement the Government's response to the Second Review of the Dairy Code of Conduct. The authorisation is subject to specific conditions, including mandatory consultations with the Assistant Minister's Department and the Prime Minister at critical stages of drafting and finalising the instrument, and it is effective from the day after registration on the Federal Register of Legislation until 1 June 2027. This authorisation does not extend beyond the specified time frame or the stated functions, thereby limiting its scope and application strictly to the stipulated purpose and duration.
Key Provisions
The Minister Powers (Authority to Exercise Powers Relating to the Making of Treasury Portfolio Instruments) Authorisation (No. 4) 2026, authorises 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 pertains to the performance of functions or duties, or the exercise of powers, in relation to making amendments to the Competition and Consumer (Industry Codes―Dairy) Regulations 2019 (section 1). This authorisation includes specific requirements that must be met before certain actions can be taken. Firstly, before releasing the draft instrument for targeted consultation with industry stakeholders, the Minister must consult with the Assistant Minister’s Department (section 2(a)(i)) and seek the Prime Minister’s agreement to amend the Regulations in the instrument and release it for consultation (section 2(a)(ii)). Secondly, before providing the Federal Executive Council with advice that includes an instrument for the Governor-General’s consideration, the Minister must consult with the Assistant Minister’s Department and Office (section 2(b)). These requirements ensure that the Minister acts in accordance with the expectations and oversight of the Assistant Minister and the Prime Minister.
The Act imposes several obligations and requirements on the Minister for Agriculture, Fisheries and Forestry. Primarily, the Minister must consult with the Assistant Minister’s Department and Office before settling the final text of the instrument and must seek the Prime Minister’s agreement before releasing the draft instrument for consultation. These consultations and agreements are critical to ensuring that the instrument aligns with the government’s policy objectives and has the necessary political support. Additionally, any performance of functions or duties, or exercise of powers, under this instrument must occur only during a specified period, from the day after the instrument is registered on the Federal Register of Legislation to 1 June 2027 (section 2(c)). This temporal constraint ensures that the Minister’s actions are aligned with the intended timeframe for implementing the Government’s response to the Second Review of the Dairy Code of Conduct.
Failure to comply with the requirements set out in the Minister Powers Authorisation could result in legal consequences. While the legislation does not explicitly detail specific offences or penalties for non-compliance, breaches of such authorisations typically invoke administrative and possibly legal scrutiny. The Minister’s failure to consult as required could be seen as an abdication of duty and could lead to the instrument being deemed invalid or subject to judicial review. Additionally, any actions taken outside the specified period could be considered unauthorised and may not be recognised as lawful. These potential consequences underscore the importance of adhering to the prescribed requirements to maintain the integrity and legality of the legislative process.