Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 1) Authorisation 2022

Overview

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 1) Authorisation 2022I, enacted in 2022, is a notifiable instrument introduced to address the need for temporary delegation of functions and duties within the Treasury Portfolio. Authorised by Josh Frydenberg, the Treasurer, this instrument allows Simon Birmingham, the Minister for Finance, to act on Frydenberg's behalf during a specified period, from 16 February to 18 February 2022. This authorisation is provided under subsection 34AAB(1) of the Acts Interpretation Act 1901, ensuring that the delegation is lawful and within the scope of the Treasurer's existing powers and duties. The policy objective of this authorisation is to maintain continuity and efficiency in the administration of Treasury-related functions during a temporary absence or unavailability of the Treasurer.

Scope and Application

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 1) Authorisation 2022I serves as an authorisation for Simon Birmingham, the Minister for Finance, to act on behalf of Josh Frydenberg, the Treasurer, during a specific period. This authorisation empowers Minister Birmingham to perform functions, duties, and exercise powers that would ordinarily be within the purview of the Treasurer, as delineated under the Acts Interpretation Act 1901. This arrangement is explicitly confined to the timeframe between 16 February 2022 and 18 February 2022, ensuring a temporary delegation of authority. The authorisation is grounded in the legislative framework provided by the Acts Interpretation Act 1901, specifically subsection 34AAB(1), and thus applies within the jurisdictional reach of the Commonwealth. No exclusions, exemptions, or thresholds are outlined in this particular authorisation, which focuses narrowly on the temporary transfer of specific powers rather than broader legislative mandates.

Key Provisions

The main operative sections of the Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 1) Authorisation 2022I pertain to the delegation of authority from the Treasurer, Josh Frydenberg, to Simon Birmingham, Minister for Finance. Section 1 of the instrument specifies the authorisation for Simon Birmingham to act on behalf of the Treasurer during the period from 16 February 2022 to 18 February 2022. This authorisation is grounded in subsection 34AAB(1) of the Acts Interpretation Act 1901, which allows for such delegations when the relevant Minister is temporarily unable to perform their duties. The obligations and requirements imposed by this Act are primarily administrative in nature. The instrument ensures a seamless transfer of duties and powers from the Treasurer to the Minister for Finance, thereby maintaining the continuity of government operations. During the specified period, Simon Birmingham is required to exercise all functions and powers that the Treasurer would ordinarily perform. This includes the authority to make decisions, sign documents, and execute other duties associated with the role of Treasurer. The instrument clearly outlines the scope of authority delegated and the timeframe during which this delegation is effective. In terms of potential consequences for non-compliance or breach of this instrument, the Act does not explicitly outline specific offences or penalties. However, any actions taken by Simon Birmingham outside the scope of the authorisation or beyond the specified timeframe could be subject to scrutiny and may be deemed invalid. Given that this instrument is a notifiable instrument, any significant deviation from the outlined authorisation could lead to administrative or legal repercussions, although no specific penalties are mentioned in the text. The overarching principle is to ensure that the delegation of authority is exercised within the bounds of the law and the intent of the authorisation.