Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 2) Authorisation 2026

Overview

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 2) Authorisation 2026I was enacted in 2026 to provide a framework for the temporary delegation of certain ministerial powers within the Treasury portfolio. Authorised by Jim Chalmers, the Treasurer, under subsections 19(4) and 34AAB(1) of the Acts Interpretation Act 1901, this notifiable instrument allows Katy Gallagher, the Minister for Finance, to act on behalf of the Treasurer during a specific period. The authorisation is designed to ensure continuity of government functions and the effective exercise of ministerial powers in the interim, facilitating smooth governance while the Treasurer is temporarily unavailable. This instrument serves to address any potential disruptions that might arise due to the absence of the primary office holder, thereby maintaining the integrity and efficiency of the Treasury’s operations.

Scope and Application

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 2) Authorisation 2026I, issued under the authority of the Treasurer, Jim Chalmers, and pursuant to subsections 19(4) and 34AAB(1) of the Acts Interpretation Act 1901, specifically authorises Katy Gallagher, the Minister for Finance, to act on the Treasurer’s behalf in the execution of their functions, duties, and powers within the Treasury portfolio for a limited period from 15 April 2026 to 18 April 2026. This authorisation applies directly to Katy Gallagher as a designated acting Minister and does not extend to other individuals or entities outside of this scope. The jurisdictional reach of this authorisation is inherently Commonwealth, as it pertains to federal ministerial powers and functions. There are no stated exclusions, exemptions, or thresholds within the authorisation itself, although its application may be further defined or restricted by subordinate instruments, which could specify particular functions or areas where the authorisation applies.

Key Provisions

The key operative sections of this notifiable instrument (F2026N00259) are primarily concerned with the authorisation of Katy Gallagher, Minister for Finance, to act on behalf of Jim Chalmers, the Treasurer, during a specified period. Under subsections 19(4) and 34AAB(1) of the Acts Interpretation Act 1901, this authorisation allows Katy Gallagher to perform or exercise any functions, duties, or powers that Jim Chalmers might otherwise perform or exercise as Treasurer, within the scope of an Act or a provision of an Act (subsections 19(4) and 34AAB(1)). This authorisation is limited to a specific timeframe: it commences on 15 April 2026 and ends on 18 April 2026. The obligations and requirements imposed by this notifiable instrument are straightforward. Jim Chalmers, as the Treasurer, must ensure that Katy Gallagher, the authorised Minister for Finance, has the necessary authority to act on his behalf during the specified period. This involves Katy Gallagher being able to perform any duties or exercise any powers that would normally fall under Jim Chalmers’ remit as Treasurer. The instrument ensures that this acting arrangement is clearly defined and legally sound, providing Katy Gallagher with the necessary mandate to act in the absence of the Treasurer. Breach of the terms set out in this notifiable instrument could result in various civil or criminal consequences, although specific offences or penalties are not detailed within the text. The instrument's validity and compliance are contingent upon the adherence to the Acts Interpretation Act 1901, which governs the authorisation of such acting arrangements. Any failure to comply with the stipulations of the authorisation could potentially lead to legal challenges or administrative consequences, though the precise nature of these repercussions would depend on the context and specific breaches involved. It is important for both Katy Gallagher and Jim Chalmers to adhere strictly to the outlined timeframe and the scope of the powers delegated, ensuring that the acting arrangement remains within the legal boundaries set by the Acts Interpretation Act 1901.