Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 4) Authorisation 2022

Overview

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 4) Authorisation 2022I was enacted in 2022 to address the need for authorised acting arrangements within the Treasury Portfolio. This notifiable instrument authorises Katy Gallagher, the Minister for Finance, to act on behalf of Dr. Jim Chalmers, the Treasurer, during a specified period from 11 November 2022 to 15 November 2022. This authorisation is granted under subsection 34AAB(1) of the Acts Interpretation Act 1901 and is intended to ensure the continuity of government functions and duties in the absence of the principal officeholder. The policy objective of this authorisation is to maintain the effective operation of government by providing a clear legal framework for the delegation of powers during the temporary absence of the Treasurer.

Scope and Application

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 4) Authorisation 2022I, issued under subsection 34AAB(1) of the Acts Interpretation Act 1901, designates Katy Gallagher, the Minister for Finance, to act on behalf of the Treasurer, Jim Chalmers, for a limited period from 11 November 2022 to 15 November 2022. This authorisation allows Katy Gallagher to perform or exercise any functions, duties, or powers that Jim Chalmers may perform or exercise under any Act or provision of an Act. This authorisation specifically pertains to the Treasury Portfolio, implying its application extends to all matters within the purview of the Treasury Department during the specified period. No exclusions or exemptions are outlined in the authorisation itself, and it does not specify any particular industries, entities, or types of conduct or transactions. The geographic and jurisdictional reach is inherently limited to the Commonwealth level as it concerns the delegation of federal ministerial powers.

Key Provisions

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 4) Authorisation 2022I primarily outlines the delegation of authority from the Treasurer, Jim Chalmers, to Katy Gallagher, the Minister for Finance, during a specified period (s 1). This authorisation allows Katy Gallagher to perform or exercise any functions, duties, or powers that the Treasurer may perform or exercise under an Act or a provision of an Act (s 1). This arrangement is designed to ensure continuity of government operations in the Treasury Portfolio during the Treasurer's absence. Under this authorisation, Katy Gallagher is required to act in accordance with the powers and duties delegated by Jim Chalmers. The authorisation is explicit in stating that Katy Gallagher can perform any function, duty, or exercise any power that the Treasurer may otherwise perform or exercise (s 1). This includes the ability to sign documents, make decisions, and represent the Treasurer in all matters pertaining to the Treasury Portfolio during the specified period. The Act imposes clear obligations on Katy Gallagher as the acting Minister. She must adhere strictly to the scope of the powers and duties outlined in the authorisation. Any action taken by her must fall within the parameters of the authority granted by the Treasurer. Additionally, she is required to ensure that all actions taken are in the best interests of the government and in compliance with relevant legislation. Failure to comply with the terms of the authorisation could result in legal repercussions. While the Act does not specify particular offences or penalties for breaches, any actions taken outside the scope of the authorisation could be subject to judicial review or other legal challenges. The consequences of such actions could include nullification of decisions made and potential accountability for any resulting harm or loss. The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 4) Authorisation 2022I provides a clear framework for the delegation of authority, ensuring that the operations of the Treasury Portfolio are not disrupted during the specified period. The authorisation is time-bound, commencing on 11 November 2022 and ending on 15 November 2022, ensuring that the acting arrangements are temporary and subject to the original authority's return (s 1).