Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 2) Authorisation 2024

Overview

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 2) Authorisation 2024I was enacted in 2024 to provide a temporary delegation of authority within the Treasury portfolio. This notifiable instrument was authorised by Dr Jim Chalmers, the Treasurer, under subsection 34AAB(1) of the Acts Interpretation Act 1901. The authorisation empowers Katy Gallagher, the Minister for Finance, to act on behalf of the Treasurer in performing functions, duties, and exercising powers under relevant Acts during the specified period from 17 April to 21 April 2024. The policy objective is to ensure continuity of ministerial responsibilities and effective governance within the Treasury portfolio during the authorised period, thereby maintaining the integrity of governmental operations and decision-making processes.

Scope and Application

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 2) Authorisation 2024I provides Katy Gallagher, the Minister for Finance, with the authority to act on behalf of Jim Chalmers, the Treasurer, during the specified period of 17 April 2024 to 21 April 2024. This authorisation is given under subsection 34AAB(1) of the Acts Interpretation Act 1901, empowering the Minister for Finance to undertake functions, duties, and exercises of powers that would ordinarily be performed by the Treasurer. The scope of this authorisation is confined to the Treasury Portfolio and the time frame mentioned, ensuring that any actions taken by the Minister for Finance are within the bounds of the authority granted by this specific instrument. This authorisation does not extend beyond the prescribed dates or the designated portfolio, and it does not introduce any exclusions, exemptions, or thresholds outside of the terms outlined in the document.

Key Provisions

The key operative sections of this Notifiable instrument, F2024N00317 (Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 2) Authorisation 2024I), are primarily focused on the delegation of authority. Specifically, section 1 of the instrument authorises Katy Gallagher, the Minister for Finance, to act on behalf of Jim Chalmers, the Treasurer, in the performance of his functions, duties, or powers under any Act or provision of an Act during the specified period (subsection 34AAB(1) of the Acts Interpretation Act 1901). This authorisation is effective from 17 April 2024 and will remain in force until 21 April 2024, as stated in section 2. The obligations and requirements imposed by this Act pertain to the authorised acting arrangement between the Treasurer and the Minister for Finance. During the period of authorisation, Katy Gallagher is required to exercise the functions, duties, and powers of the Treasurer in accordance with the law. This includes the ability to make decisions, sign documents, and perform any other activities that the Treasurer would normally undertake. This authorisation ensures that the continuity of government operations is maintained during the specified period, without any gaps in authority. In terms of potential offences, penalties, or consequences for breach, the instrument itself does not explicitly state any specific penalties for failure to comply with the authorisation. However, any actions taken by Katy Gallagher outside the scope of her authorisation could potentially lead to legal challenges or disciplinary actions. It is also worth noting that the validity of any actions taken under this authorisation could be questioned if they exceed the powers granted, potentially leading to legal repercussions. While the instrument does not outline specific penalties, any breaches of the authority granted could have significant legal and administrative consequences.