Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 4) Authorisation 2023

Overview

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 4) Authorisation 2023I was enacted in 2023 by Dr Jim Chalmers, the Treasurer of Australia, under the authority granted by subsection 34AAB(1) of the Acts Interpretation Act 1901. This authorisation was created to address the need for an interim arrangement to ensure the continuity of the Treasury portfolio’s functions and duties in the absence of the primary officeholder, the Treasurer. The authorisation empowers Katy Gallagher, the Minister for Finance, to act on behalf of the Treasurer during the specified period from 1 July 2023 to 9 July 2023. The policy objective is to maintain the effective administration and governance of the Treasury portfolio, ensuring there is no disruption in the exercise of powers and performance of duties during the transition period.

Scope and Application

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 4) Authorisation 2023I pertains to the delegation of specific functions, duties, and powers held by the Treasurer to the Minister for Finance, Katy Gallagher. This authorisation is limited to the period between 1 July 2023 and 9 July 2023, and is made under subsection 34AAB(1) of the Acts Interpretation Act 1901. It applies to any acts or provisions of an Act that may be performed or exercised by the Treasurer during the specified period. This authorisation does not extend to any other acts or provisions outside the scope of the Treasurer's functions, duties, and powers. It is a Commonwealth instrument, thereby applicable across the entire nation. There are no stated exclusions or exemptions within the authorisation itself, though the scope of the powers that can be delegated may inherently limit its application. The authorisation can be further defined or restricted through subordinate instruments, though none are specified within this particular document.

Key Provisions

The main operative sections of the Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 4) Authorisation 2023I (section 1) allow Katy Gallagher, the Minister for Finance, to act on behalf of Jim Chalmers, the Treasurer, in the performance of his functions and duties or the exercise of his powers under an Act or a provision of an Act. This authorisation is limited to the period from 1 July 2023 to 9 July 2023. The authorisation is issued under subsection 34AAB(1) of the Acts Interpretation Act 1901, which provides the legal basis for such arrangements. The document is dated 15 June 2023 and is signed by Dr Jim Chalmers, the Treasurer. The obligations and requirements imposed by this Act are primarily administrative in nature. Katy Gallagher, as the authorised acting Minister, must ensure that all actions taken during the authorisation period are consistent with the authority granted and within the scope of the Treasurer's functions and duties. This includes adhering to any relevant legislative and policy frameworks, as well as ensuring that decisions made during her acting capacity are recorded and can be reviewed if necessary. The authorisation is time-bound, and both parties must be mindful of the commencement and expiration dates to avoid any inadvertent overreach of authority. There are no explicit offences, penalties, or civil/criminal consequences outlined in this authorisation itself. However, any actions taken by Katy Gallagher that exceed the scope of the authorisation or are inconsistent with her acting capacity could potentially lead to legal challenges or administrative reviews. The legal basis provided by the Acts Interpretation Act 1901 ensures that such acting arrangements are conducted within the framework of existing legislation, thereby mitigating the risk of unlawful actions. It is important for both parties to ensure that all actions taken are within the bounds of the law and authorised by the terms of this document.