Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 1) Authorisation 2023
I, Jim Chalmers, Treasurer, under subsection 34AAB(1) of the Acts Interpretation Act 1901, authorise Katy Gallagher, Minister for Finance, to act on my behalf in the performance of my functions and duties, or the exercise of my powers, that I may perform or exercise under an Act or a provision of an Act.
This instrument commences on 23 February 2023 and ends on 26 February 2023.
Dated 14 February 2023
Dr Jim Chalmers
Treasurer
Overview
The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 1) Authorisation 2023I, enacted in 2023, addresses the need for clear and effective delegation of authority within the Treasury portfolio during temporary absences or unavailability of the Treasurer. Authorised by Jim Chalmers, the Treasurer, under subsection 34AAB(1) of the Acts Interpretation Act 1901, this instrument provides Katy Gallagher, the Minister for Finance, with the authority to act on behalf of the Treasurer in the performance of his functions and duties, or the exercise of his powers, that he may perform or exercise under an Act or a provision of an Act. The policy objective is to ensure continuity in the management of the Treasury's responsibilities during periods when the Treasurer is unable to perform their duties, thereby maintaining the stability and efficiency of the government's financial operations. This authorisation is in effect from 23 February 2023 until 26 February 2023.
Scope and Application
The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 1) Authorisation 2023I provides specific authority for Katy Gallagher, the Minister for Finance, to act on behalf of the Treasurer, Dr Jim Chalmers, in the performance of functions, duties, or exercise of powers under any Act or provision of an Act within the Treasury portfolio. This authorisation is a notifiable instrument under the Acts Interpretation Act 1901, and it operates from 23 February 2023 until 26 February 2023. The instrument is a temporary measure that ensures continuity of governance and administration within the Treasury, allowing the designated Minister to step in and fulfil the Treasurer's roles during the specified period. It does not extend to any functions, duties, or powers outside the scope of the Treasurer's role in the Treasury portfolio, and it does not alter or create new legislative provisions.
Key Provisions
The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 1) Authorisation 2023I, signed by Jim Chalmers, the Treasurer, under subsection 34AAB(1) of the Acts Interpretation Act 1901, designates Katy Gallagher, the Minister for Finance, to act in the Treasurer's stead. This authorisation empowers Katy Gallagher to perform the functions, duties, and powers typically exercised by the Treasurer during the specified period. This authorisation is effective from 23 February 2023 until 26 February 2023.
Under this authorisation, Katy Gallagher is expected to adhere to the same standards and responsibilities as the Treasurer, ensuring continuity in the management of the Treasury Portfolio. Her role involves executing the Treasurer's powers and duties with the same diligence and integrity, ensuring that the government's fiscal policies and legislative mandates are upheld without interruption. Katy Gallagher's responsibilities include signing legislation, making decisions on financial matters, and representing the Treasurer in official capacities during the specified period.
The Act imposes specific obligations on Katy Gallagher to maintain the integrity and effectiveness of the Treasury's operations. She must ensure that all actions taken during her acting period are in line with existing laws and government policies. This includes maintaining transparency and accountability in all decisions made, ensuring that there is no deviation from the Treasurer's established protocols. Furthermore, Katy Gallagher must document her actions and decisions to provide a clear record for auditing and review purposes.
Failure to comply with the obligations set out in this authorisation could result in legal consequences. While specific penalties are not detailed in this particular instrument, breaches of ministerial duties generally may attract penalties under relevant legislation. These could include fines or imprisonment, depending on the severity and nature of the breach. Additionally, civil actions for damages or injunctive relief may be pursued if the breach causes harm or loss. The precise penalties would be determined by the courts based on the circumstances of the breach and applicable laws.