Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 1) Authorisation 2025

Overview

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 1) Authorisation 2025I was enacted in 2025 by the Parliament of Australia under the authority of Dr Jim Chalmers, the Treasurer, pursuant to subsection 34AAB(1) of the Acts Interpretation Act 1901. This legislation was introduced to facilitate the efficient performance of the Treasurer’s functions during a period when Dr Chalmers might be temporarily unable to carry out his duties. By authorising Katy Gallagher, the Minister for Finance, to act on his behalf, the authorisation ensures continuity of the Treasury Portfolio's operations, thereby maintaining governmental stability and effective policy implementation. The authorisation is effective from 7:00pm, by legal time in the Australian Capital Territory, on 23 February 2025, and concludes on 27 February 2025.

Scope and Application

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 1) Authorisation 2025I is a notifiable instrument that provides authorisation for Katy Gallagher, the Minister for Finance, to act on behalf of Jim Chalmers, the Treasurer, in the performance of specific functions, duties, or exercises of powers under an Act or a provision of an Act. This authorisation is effective from 7:00pm, by legal time in the Australian Capital Territory, on 23 February 2025 and remains in force until 27 February 2025. The instrument is issued under subsection 34AAB(1) of the Acts Interpretation Act 1901, thereby ensuring its legal validity and scope within the Commonwealth jurisdiction. It is pertinent to note that this authorisation is limited to the specified period and does not extend to any actions or decisions outside of the prescribed functions or powers.

Key Provisions

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 1) Authorisation 2025I outlines specific provisions allowing Katy Gallagher, the Minister for Finance, to act on behalf of Jim Chalmers, the Treasurer, during a specified period. Section 1 of the instrument authorises Katy Gallagher to perform functions and duties or exercise powers that would normally be performed by Jim Chalmers under the Acts Interpretation Act 1901 (subsection 34AAB(1)). The authorisation is limited to a specific timeframe, commencing at 7:00pm, by legal time in the Australian Capital Territory, on 23 February 2025, and ending on 27 February 2025. The obligations imposed by this instrument require Katy Gallagher to act within the scope of her authorisation, ensuring that any actions she takes are within the bounds of her delegated authority. She must adhere to the same standards and regulations that would apply if Jim Chalmers were directly performing these functions. This includes ensuring compliance with all relevant legislative requirements and any specific instructions given by the Treasurer. Throughout the authorised period, Katy Gallagher must maintain accurate records of her actions and decisions, which may be subject to review to ensure proper adherence to the authorisation's terms. Failure to comply with the provisions of this instrument could result in legal consequences. While the specific offences and penalties are not detailed in the instrument itself, breaches of authority or misuse of delegated powers could lead to both civil and criminal liabilities under other applicable laws. For instance, actions taken outside the scope of the authorisation might be subject to penalties as if they were taken by the Treasurer himself. Additionally, any misconduct or abuse of the authorised powers could lead to disciplinary actions or further legal proceedings, depending on the severity and nature of the breach.