Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 2) Authorisation 2022
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 14 July 2022 and ends on 17 July 2022.
Dated 12 July 2022
Dr Jim Chalmers
Treasurer
Overview
The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 2) Authorisation 2022I was enacted in 2022 to provide a temporary arrangement for the delegation of authority between the Treasurer and the Minister for Finance within the Treasury Portfolio. This notifiable instrument was introduced to address the need for continuity in the execution of financial and ministerial duties during a brief period of transition, where the Treasurer is temporarily unavailable. Authorised under subsection 34AAB(1) of the Acts Interpretation Act 1901, the authorisation allows Katy Gallagher, Minister for Finance, to act on behalf of Jim Chalmers, Treasurer, in the performance of his functions, duties, or the exercise of his powers, as specified under various Acts. This measure ensures that the administration of government functions within the Treasury remains uninterrupted during the specified period, from 14 July 2022 to 17 July 2022, thereby maintaining the efficiency and effectiveness of the government’s financial operations.
Scope and Application
The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 2) Authorisation 2022I serves a specific purpose within the Australian federal government, allowing for the delegation of certain functions and duties from the Treasurer to the Minister for Finance. This authorisation, made under subsection 34AAB(1) of the Acts Interpretation Act 1901, is in effect for a limited period, commencing on 14 July 2022 and concluding on 17 July 2022. The authorisation is geographically and jurisdictionally limited to the Commonwealth level, impacting the internal operations of the Treasury Portfolio without extending to state or territory levels. The authorisation pertains directly to the roles and responsibilities of the Treasurer and the Minister for Finance, facilitating the seamless continuation of financial and ministerial functions during a brief period of absence or other exigency. No exclusions, exemptions, or thresholds are explicitly stated within the authorisation itself, but the authority to act is contingent upon the existing powers and duties delineated within the relevant Acts and their provisions.
Key Provisions
The main operative sections of the Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 2) Authorisation 2022I, detail the authorisation given to Katy Gallagher, Minister for Finance, to act on behalf of Jim Chalmers, the Treasurer, in the performance of specific functions and duties, as well as the exercise of powers, during a specified period (s. 1). This authorisation is given under subsection 34AAB(1) of the Acts Interpretation Act 1901, which provides the legal basis for such acting arrangements. The authorisation is narrowly tailored to the functions and duties of the Treasurer, ensuring that the Minister for Finance can step in seamlessly during the specified absence of the Treasurer.
The Act imposes specific obligations and requirements on Katy Gallagher, who is authorised to act on behalf of the Treasurer. During the period of authorisation, from 14 July 2022 to 17 July 2022, the Minister for Finance must adhere to the scope of functions and duties outlined in the authorisation. This includes exercising powers in accordance with the legislative provisions that govern the Treasurer's responsibilities. The Minister for Finance is required to ensure that all actions taken during this period are within the legal framework and authorised scope, thereby maintaining the integrity and continuity of the Treasury Portfolio's operations.
Failure to comply with the terms of this authorisation could lead to various consequences. While the Act does not explicitly outline offences, penalties, or specific consequences for breaches, the nature of the authorisation implies that any unauthorised actions taken by the Minister for Finance could be subject to review and potential legal action. The seriousness of the consequences would depend on the extent and impact of any unauthorised actions, which might result in disciplinary measures, revocation of the authorisation, or other corrective actions as deemed appropriate by the relevant authorities. The maximum penalties, if applicable, would be determined based on the specific nature of the breach and the provisions of the Acts Interpretation Act 1901.