Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 3) Authorisation 2023

Overview

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 3) Authorisation 2023I, enacted in 2023, is a notifiable instrument that provides temporary acting authority to a Minister within the Treasury portfolio. This authorisation was introduced to address the need for continuity in the exercise of ministerial functions and powers in the event of the Treasurer's temporary absence or unavailability. Authorised by Jim Chalmers, the Treasurer, under subsection 34AAB(1) of the Acts Interpretation Act 1901, this instrument allows Katy Gallagher, the Minister for Finance, to act on behalf of the Treasurer during the specified period from 7 June 2023 to 9 June 2023. The policy objective is to ensure that critical functions and decision-making processes within the Treasury portfolio remain uninterrupted during the authorised period.

Scope and Application

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 3) Authorisation 2023I is a notifiable instrument that specifically authorises Katy Gallagher, Minister for Finance, to act on behalf of Jim Chalmers, the Treasurer, during the period from 7 June 2023 to 9 June 2023. This authorisation allows Katy Gallagher to perform or exercise any functions, duties, or powers that Jim Chalmers may undertake under any Act or provision of an Act within the Treasury portfolio. This authorisation is limited in its scope to the specified dates and does not extend to any other time period or functions outside the authority granted by the Treasurer. The authorisation is issued under subsection 34AAB(1) of the Acts Interpretation Act 1901 and is effective from the date of issue, 1 June 2023, until it expires on 9 June 2023.

Key Provisions

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 3) Authorisation 2023I, issued under subsection 34AAB(1) of the Acts Interpretation Act 1901, primarily concerns the delegation of specific powers and duties of the Treasurer to the Minister for Finance during a brief period. According to section 1 of the instrument, it authorises Katy Gallagher, the Minister for Finance, to act on behalf of Jim Chalmers, the Treasurer, from 7 June 2023 until 9 June 2023. This delegation allows Katy Gallagher to perform or exercise any functions, duties, or powers that the Treasurer might perform or exercise under any Act or provision of an Act. Under this authorisation, Katy Gallagher is required to undertake any tasks and responsibilities that fall within the scope of the Treasurer's authority. This includes making decisions, signing documents, and performing any other actions that the Treasurer would normally be responsible for. The authorisation does not limit the scope of these powers but rather ensures continuity of governmental operations during the specified period when the Treasurer is unavailable. Breaching the terms of this authorisation or acting beyond the scope of the powers delegated could have legal consequences. Although the authorisation itself does not specify penalties for non-compliance or overreach, any actions taken outside the bounds of this authorisation might be subject to the general legal principles governing ministerial powers and duties. Unauthorized actions could potentially lead to legal challenges or administrative consequences, including the nullification of decisions made under the erroneous belief of authority. The instrument also provides clarity on the temporal scope of the delegation. The authorisation commences on 7 June 2023 and ends on 9 June 2023, ensuring that any actions taken by Katy Gallagher during this period are legally valid and binding. It is crucial that all actions are within the specified timeframe to avoid any potential issues of legitimacy or authority.