Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 1) Authorisation 2026

Overview

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 1) Authorisation 2026I was enacted in 2026 by Jim Chalmers, the Treasurer of Australia, under the authority granted by subsections 19(4) and 34AAB(1) of the Acts Interpretation Act 1901. This notifiable instrument authorises Katy Gallagher, the Minister for Finance, to act on behalf of the Treasurer during the specified period from 11 January 2026 to 14 January 2026. The enactment of this instrument addresses the need for a temporary arrangement to ensure continuity of functions, duties, and powers within the Treasury Portfolio in the absence of the Treasurer. The policy objective is to maintain the efficient governance and administration of the Treasury by allowing a designated minister to perform critical roles during a defined interim period.

Scope and Application

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 1) Authorisation 2026I pertains specifically to the delegation of authority within the Treasury portfolio in Australia, establishing the framework within which Katy Gallagher, the Minister for Finance, is authorised to act on behalf of the Treasurer, Jim Chalmers, during a specified period. This authorisation is enacted under the provisions of the Acts Interpretation Act 1901, ensuring that Katy Gallagher is empowered to perform functions, duties, and exercises of powers that would typically be the purview of the Treasurer during the interim period between 11 January 2026 and 14 January 2026. This instrument is narrowly focused on ensuring continuity of governance within the Treasury, thereby maintaining the operational integrity of the financial and economic policies during the temporary absence of the Treasurer.

Key Provisions

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 1) Authorisation 2026I, issued by Jim Chalmers, the Treasurer, under subsections 19(4) and 34AAB(1) of the Acts Interpretation Act 1901, allows Katy Gallagher, the Minister for Finance, to act on behalf of the Treasurer in performing functions, duties, and exercising powers under specified acts or provisions during a defined period. This authorisation is valid from 11 January 2026 until 14 January 2026, ensuring that Katy Gallagher can step in seamlessly during the Treasurer's temporary absence. Under this authorisation, Katy Gallagher is required to perform the duties and exercise the powers that the Treasurer would typically undertake. This includes any administrative, regulatory, or policy-making activities that fall within the scope of the specified acts and provisions. Katy Gallagher must ensure that these actions are consistent with the intent and requirements of the relevant legislation and maintain the standard of governance expected of the Treasurer. The obligations imposed on Katy Gallagher, as the acting Minister, are to adhere strictly to the existing laws and regulations governing the Treasury Portfolio. She must exercise due diligence and ensure that any decisions or actions taken during her acting capacity are lawful and in the public interest. Additionally, she must report any significant actions or decisions to the Treasurer upon their return, providing transparency and accountability in the acting arrangements. Breaches of the provisions outlined in the Ministerial Powers Authorisation may have legal consequences. Any actions taken by Katy Gallagher outside the scope of her authorisation, or in a manner inconsistent with the law, could result in legal challenges or administrative penalties. The maximum penalties, however, are not specified in the authorisation itself but would be determined by the relevant acts or provisions under which the acting powers are exercised. It is imperative that Katy Gallagher acts within the bounds of her authorisation to avoid any potential legal repercussions.