Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 3) Authorisation 2022

Overview

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 3) Authorisation 2022I was enacted in 2022 by Dr Jim Chalmers, the Treasurer of Australia, under subsection 34AAB(1) of the Acts Interpretation Act 1901. This authorisation empowers Katy Gallagher, the Minister for Finance, to act on behalf of the Treasurer in the performance of his functions and duties, or the exercise of his powers, during a specified period. The instrument was introduced to address the need for a smooth transition of power and responsibilities within the Treasury Portfolio, ensuring continuity of governance during the Treasurer's absence. The policy objective behind this authorisation is to maintain the effective administration of the government by allowing a seamless transfer of duties and powers between designated ministers. This authorisation was necessary to ensure that the functions of the Treasurer are not interrupted and that the legislative and administrative processes continue without delay.

Scope and Application

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 3) Authorisation 2022I is an instrument under the Acts Interpretation Act 1901, which provides specific authority to Katy Gallagher, the Minister for Finance, to act on behalf of the Treasurer, Jim Chalmers, in the performance of his functions, duties, or exercise of powers under an Act or provision of an Act. This authorisation is limited to a short period, commencing on 12 October 2022 and ending on 16 October 2022, during which Katy Gallagher is empowered to carry out the responsibilities that would otherwise be the purview of the Treasurer. The geographic and jurisdictional reach of this authorisation is inherently tied to the federal level, as it pertains to the Australian Government’s Treasury Portfolio. There are no specific exclusions, exemptions, or thresholds mentioned in the authorisation itself, though the scope of authority is implicitly defined by the functions and duties of the Treasurer as outlined in the relevant Acts and provisions. Subordinate instruments may extend or restrict the application of this authorisation, but such details are not elaborated upon in the primary text.

Key Provisions

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 3) Authorisation 2022I, signed by Treasurer Jim Chalmers, authorises Katy Gallagher, the Minister for Finance, to act on his behalf during a specified period (section 1). This authorisation is granted under subsection 34AAB(1) of the Acts Interpretation Act 1901 and is effective from 12 October 2022 to 16 October 2022. The authorisation empowers Katy Gallagher to perform or exercise any functions, duties, or powers that the Treasurer would typically undertake under an Act or a provision of an Act during the specified timeframe. Under this authorisation, Katy Gallagher is granted the authority to step in for the Treasurer and carry out the duties associated with the Treasury portfolio. This includes making decisions, signing documents, and performing any other necessary actions that would usually fall under the Treasurer's responsibilities. The authorisation ensures continuity of governance and the effective administration of the Treasury's functions during the specified period when the Treasurer is unable to perform his duties. The Act imposes specific obligations on Katy Gallagher as the acting authority. She must adhere to the same standards of conduct, decision-making processes, and legal requirements as the Treasurer would. This includes ensuring that all actions taken are within the scope of the authorised functions and comply with relevant legislation and policy directives. Additionally, she must maintain accurate records of her activities as the acting authority, including any decisions made and actions taken during the authorised period. Breaching the terms of this authorisation or failing to comply with the imposed obligations could lead to various consequences. While the specific penalties are not detailed in this authorisation, general provisions under the Acts Interpretation Act 1901 and other relevant legislation may apply. Such consequences could include disciplinary actions, legal challenges, or repercussions related to the specific decisions or actions taken. It is essential for Katy Gallagher to act within the bounds of her authorisation to avoid any potential legal or administrative issues.