Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 2) Authorisation 2025

Overview

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 2) Authorisation 2025I, enacted in 2025, was introduced to address the need for seamless continuity in the performance of ministerial functions and duties within the Treasury portfolio. This authorisation allows Katy Gallagher, Minister for Finance, to act on behalf of Jim Chalmers, Treasurer, during a specified period when the Treasurer is temporarily unavailable. The authorisation is given under subsections 19(4) and 34AAB(1) of the Acts Interpretation Act 1901, ensuring that critical functions and decision-making processes continue without interruption. This measure is intended to maintain the efficiency and effectiveness of the government’s operations by providing a clear framework for the delegation of authority during periods of ministerial absence.

Scope and Application

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 2) Authorisation 2025I is a specific instrument under the Acts Interpretation Act 1901 that authorises Katy Gallagher, Minister for Finance, to act on behalf of Jim Chalmers, Treasurer, in the performance of his functions and duties, or the exercise of his powers, during the period from 28 June 2025 to 6 July 2025. This authorisation pertains to the Treasury Portfolio and the responsibilities associated with it, ensuring continuity in the management of Treasury functions during the specified period. The authorisation is limited to the acting arrangements and does not extend to broader ministerial powers outside the Treasury Portfolio, thereby ensuring a focused and specific delegation of authority. The geographic and jurisdictional reach of this authorisation is confined to the Commonwealth level, as it is an instrument of the Australian federal government. The authorisation does not specify any exclusions or exemptions, and it is limited to the defined period, meaning it does not extend beyond the dates mentioned. The instrument operates within the existing legislative framework and does not create new substantive laws or alter the underlying statutes it references. This instrument is a clear and precise delegation of acting authority, ensuring that the Treasury functions are managed effectively during the specified period of the Treasurer’s absence.

Key Provisions

The main operative sections of the Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 2) Authorisation 2025I (the "Authorisation") are sections 1 and 2. Section 1 provides that Katy Gallagher, Minister for Finance, is authorised to act on behalf of Jim Chalmers, Treasurer, in the performance of his functions and duties, or the exercise of his powers, under any Act or provision of an Act. This authorisation is limited to the period from 28 June 2025 to 6 July 2025, as stated in section 2. The Authorisation imposes specific obligations and requirements on Katy Gallagher, who is granted the authority to act on behalf of the Treasurer. She must adhere to the scope and duration of the authorisation as specified, and she must ensure that any actions taken are within the bounds of her delegated authority. This includes exercising the authorised functions and duties diligently and in accordance with the law. There are potential civil or criminal consequences for any breach of the Authorisation's provisions. While the specific penalties for non-compliance are not detailed in the Authorisation itself, breaches of ministerial powers or unauthorised actions could lead to disciplinary measures, legal action, or other consequences as prescribed by the relevant legislation or legal framework. It is important to note that the penalties for such breaches would depend on the nature and severity of the misconduct and would be subject to the applicable laws at the time.