Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 3) Authorisation 2025

Overview

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 3) Authorisation 2025I was enacted to address the need for a temporary delegation of authority within the Treasury Portfolio during a specific period. This notifiable instrument, introduced by Jim Chalmers, the Treasurer, and Katy Gallagher, the Minister for Finance, was authorised under the Acts Interpretation Act 1901. The authorisation allows Katy Gallagher to act on behalf of Jim Chalmers in performing his functions, duties, and exercising his powers under relevant Acts during a specified timeframe. This legislative instrument was designed to ensure continuity of government operations and to maintain the effective administration of Treasury-related functions while the Treasurer is temporarily unavailable. The instrument commenced on 16 July 2025 and concluded on 19 July 2025, ensuring that there was no disruption in the administration of the Treasury Portfolio during this brief period.

Scope and Application

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 3) Authorisation 2025I is a notifiable instrument that authorises Katy Gallagher, the Minister for Finance, to act on behalf of Jim Chalmers, the Treasurer, during a specified period from 16 July 2025 to 19 July 2025. This authorisation is granted under subsections 19(4) and 34AAB(1) of the Acts Interpretation Act 1901, allowing Katy Gallagher to perform or exercise any functions, duties, or powers that the Treasurer would normally undertake during the designated timeframe. This instrument is limited in scope and duration, strictly covering the acting arrangements within the Treasury portfolio and does not extend to other areas of ministerial responsibility. The authorisation is specific to the named individuals and does not apply to any other persons or entities outside of the specified ministerial roles. It does not create new laws or alter existing legislative frameworks but provides a clear and temporary delegation of authority within the Commonwealth government.

Key Provisions

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 3) Authorisation 2025I (referred to as the "Authorisation") provides a temporary delegation of authority from Dr Jim Chalmers, the Treasurer, to Katy Gallagher, the Minister for Finance. This delegation allows Ms Gallagher to act on Dr Chalmers' behalf during a specific period, as outlined in sections 19(4) and 34AAB(1) of the Acts Interpretation Act 1901 (the "Act"). According to section 1 of the Authorisation, this authority is in effect from 16 July 2025 to 19 July 2025. This delegation permits Ms Gallagher to perform functions, duties, or exercise powers that Dr Chalmers might otherwise carry out under any Act or provision of an Act within the Treasury portfolio during the specified timeframe. The obligations and requirements imposed by the Authorisation are primarily centred on ensuring that the delegation of authority is used solely for the intended purpose and within the specified timeframe. Under the Act, Ms Gallagher must exercise her authority in accordance with the laws applicable to Dr Chalmers' role as Treasurer. This includes adhering to any specific instructions or limitations provided by Dr Chalmers and ensuring that all actions taken are within the scope of the authority granted. Additionally, the Authorisation requires that any exercise of delegated powers be recorded and reported appropriately, ensuring transparency and accountability in the delegation process. In terms of consequences for breach, the Authorisation itself does not detail specific offences, penalties, or consequences for non-compliance. However, any actions taken by Ms Gallagher under the delegation that contravene the Act or any other relevant legislation may lead to legal consequences. These could include civil or criminal penalties, depending on the nature and severity of the breach. The maximum penalties for such breaches would be determined by the specific provisions of the Act under which the breach occurs. It is essential for Ms Gallagher to act within the bounds of her delegated authority and in compliance with all applicable laws to avoid any potential repercussions.