Minister Powers (Authority to Exercise Powers Relating to the Making of Treasury Portfolio Instruments) Authorisation (No. 5) 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 (Industry Code—Electricity Retail) Regulations 2019 to implement the recommendations of the Default Market Offer review.
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 31 March 2027.
Dated 21 July 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. 5) 2026, enacted on 21 July 2026, addresses the need for streamlined and efficient progression of regulatory changes within the Treasury portfolio, particularly concerning the implementation of the Default Market Offer review in the electricity retail sector. Authorised by Andrew Leigh, the Assistant Minister for Productivity, Competition, Charities and Treasury, this notifiable instrument empowers Chris Bowen, the Minister for Climate Change and Energy, to act on his behalf for specified functions and duties. This delegation aims to ensure that any changes made to the Competition and Consumer (Industry Code—Electricity Retail) Regulations 2019 adhere to policy objectives while maintaining rigorous consultation protocols with relevant departments and offices. The authorisation is strictly time-bound, operating only between the date of registration on the Federal Register of Legislation and 31 March 2027, thereby ensuring the authority remains within the legislative framework.
Scope and Application
The Minister Powers (Authority to Exercise Powers Relating to the Making of Treasury Portfolio Instruments) Authorisation (No. 5) 2026 applies to the Minister for Climate Change and Energy, Chris Bowen, who is authorised to act on behalf of the Assistant Minister for Productivity, Competition, Charities and Treasury, Andrew Leigh, in performing certain functions and duties. This authorisation is specific to the task of progressing changes to the Competition and Consumer (Industry Code—Electricity Retail) Regulations 2019 to implement the recommendations of the Default Market Offer review. The authorisation is limited to the period commencing the day after the instrument is registered on the Federal Register of Legislation and ending before 31 March 2027. Before making any instrument, the Minister must consult with the Assistant Minister's Department and Office to settle the final text of the instrument, and again before providing advice to the Federal Executive Council for the Governor-General’s consideration. This authorisation is a Commonwealth instrument, extending its jurisdictional reach to national policy matters within the scope of the Competition and Consumer Act 2010.
Key Provisions
The Minister Powers (Authority to Exercise Powers Relating to the Making of Treasury Portfolio Instruments) Authorisation (No. 5) 2026 sets out the authorisation for Chris Bowen, Minister for Climate Change and Energy, to act on behalf of Andrew Leigh, Assistant Minister for Productivity, Competition, Charities and Treasury, in relation to specific functions and powers concerning the Competition and Consumer (Industry Code—Electricity Retail) Regulations 2019. This authorisation, detailed in section (a), mandates that prior to any instrument being made on Andrew Leigh’s behalf, Chris Bowen must consult Andrew Leigh’s Department and Office to settle the final text of the instrument. Similarly, section (b) requires the same consultation before providing advice to the Federal Executive Council, which includes any instrument for the Governor-General’s consideration. These sections ensure a collaborative approach in decision-making and document finalisation.
The Act imposes several obligations on the Minister for Climate Change and Energy. Firstly, section (a) necessitates that consultations with Andrew Leigh’s Department and Office occur before any instrument is finalised. This requirement underscores the importance of informed and coordinated decision-making within the government’s legislative processes. Additionally, section (b) mandates that these consultations take place prior to presenting advice to the Federal Executive Council, ensuring that all relevant stakeholders are engaged and that the advice is thoroughly vetted. These obligations are crucial in maintaining transparency and accountability in the legislative process.
In terms of consequences for non-compliance, the Act does not explicitly state offences, penalties, or consequences for breach. However, the nature of the authorisation implies that failure to adhere to the specified consultation requirements could result in procedural errors or delays in the legislative process. Such non-compliance might lead to a lack of consensus or approval from relevant parties, potentially impacting the timely implementation of the Competition and Consumer (Industry Code—Electricity Retail) Regulations 2019. While specific penalties are not detailed, the implications of neglecting these obligations could be significant in terms of legislative efficacy and government accountability.