Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 1) Authorisation 2024

Overview

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 1) Authorisation 2024I, enacted in 2024, addresses the need for a clear and temporary delegation of authority within the Treasury portfolio when the primary officeholder is temporarily unavailable. This authorisation was introduced by the Parliament of Australia to ensure that the functions and duties of the Treasurer, currently held by Dr Jim Chalmers, can be effectively managed by an alternative Minister during a specific period of absence. The policy objective is to maintain continuity in the governance and administration of the Treasury functions, thereby preventing any lapses in decision-making and regulatory oversight during the authorised interim period. Katy Gallagher, Minister for Finance, is authorised to act on behalf of the Treasurer from 27 February 2024 to 2 March 2024 under the provisions of the Acts Interpretation Act 1901.

Scope and Application

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 1) Authorisation 2024I provides for specific acting arrangements within the Treasury Portfolio for the Treasurer, Jim Chalmers. This authorisation allows Katy Gallagher, the Minister for Finance, to act on behalf of the Treasurer in the performance of his functions, duties, and the exercise of his powers under the Acts Interpretation Act 1901. This authorisation is narrowly defined in terms of its duration, commencing on 27 February 2024 and ending on 2 March 2024, indicating a temporary delegation of authority within the Commonwealth jurisdiction. The legislation does not specify any exclusions, exemptions, or thresholds beyond the scope of the authorisation itself, which is strictly limited to the time frame and roles mentioned. Any extensions or restrictions to the application of this authorisation would need to be made through subordinate instruments, ensuring that the delegation remains within the parameters set by the Act.

Key Provisions

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 1) Authorisation 2024I provides specific arrangements for the delegation of certain functions and duties from the Treasurer, Jim Chalmers, to Katy Gallagher, the Minister for Finance. This authorisation allows Katy Gallagher to act on behalf of Jim Chalmers in the performance of his functions and duties, or the exercise of his powers, under an Act or a provision of an Act (section 1). This authorisation is specifically in relation to the Treasury Portfolio and is effective from 27 February 2024 until 2 March 2024. Under this authorisation, Katy Gallagher is permitted to act on behalf of the Treasurer in matters related to the Treasury Portfolio, effectively enabling her to carry out any duties or exercise any powers that the Treasurer might otherwise perform or exercise (section 1). This delegation is limited to the period specified and is intended to ensure continuity of governance within the Treasury during a temporary absence or other circumstance that might prevent the Treasurer from directly performing his duties. The obligations imposed by this authorisation require Katy Gallagher to act in accordance with the authority granted to the Treasurer under the Acts Interpretation Act 1901. She is expected to perform her delegated functions with the same level of responsibility and authority as the Treasurer would, ensuring that all actions taken are within the legal framework and scope provided by the Acts Interpretation Act 1901 (section 1). Any actions taken under this authorisation must be consistent with the intent and scope of the Treasurer's powers and duties. Failure to adhere to the terms and scope of the authorisation may result in various consequences, depending on the nature and severity of the breach. While the authorisation itself does not explicitly detail penalties for non-compliance, any actions taken outside the scope of the authorisation or in violation of the Acts Interpretation Act 1901 could lead to legal scrutiny, potential disciplinary action, or other consequences as prescribed by relevant legislation. It is crucial that Katy Gallagher exercises her delegated powers within the bounds of the law to avoid any legal repercussions (section 1).