Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 4) Authorisation 2024

Overview

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 4) Authorisation 2024I was enacted to address the need for a temporary delegation of specific ministerial functions and duties related to housing supply and affordability, as well as small business policy and programmes, within the Department of the Treasury. Authorised under subsection 34AAB(1) of the Acts Interpretation Act 1901, this notifiable instrument allows Julie Collins, the Minister for Housing, Minister for Homelessness, and Minister for Small Business, to delegate her responsibilities to Bill Shorten, the Minister for the National Disability Insurance Scheme and Minister for Government Services, during a defined period. This delegation is intended to ensure the continuity of policy and programme management in the absence of the primary minister, while also facilitating the efficient administration of the Treasury Portfolio's responsibilities. The instrument is in effect from 23 August 2024 to 6 September 2024, as specified by Julie Collins on 24 June 2024.

Scope and Application

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 4) Authorisation 2024I pertains to specific functions and duties of Julie Collins, the Minister for Housing, Minister for Homelessness, and Minister for Small Business. Under this authorisation, Bill Shorten, the Minister for the National Disability Insurance Scheme and Minister for Government Services, is empowered to act on behalf of Julie Collins in relation to housing supply and affordability or small business policy and programmes. This authority is specifically outlined in subsection 34AAB(1) of the Acts Interpretation Act 1901. The scope of this authorisation is geographically limited to the Commonwealth level, and it is effective from 23 August 2024 to 6 September 2024. The authorisation allows Bill Shorten to perform or exercise functions, duties, and powers that Julie Collins may undertake or exercise under relevant Acts or provisions of Acts related to housing supply and affordability or small business policy and programmes as designated in the relevant part of the Schedule to the Administrative Arrangements Order pertaining to the Department of the Treasury. This instrument does not specify any exclusions, exemptions, or thresholds but extends its application through subordinate instruments as necessary.

Key Provisions

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 4) Authorisation 2024I (section 1) outlines the authorisation for Bill Shorten to act on behalf of Julie Collins, the Minister for Housing, Minister for Homelessness, and Minister for Small Business, from 23 August 2024 to 6 September 2024. This authorisation is granted under subsection 34AAB(1) of the Acts Interpretation Act 1901. Bill Shorten, as the acting minister, will have the ability to perform or exercise functions and duties, or powers, that Julie Collins may have under Acts or provisions of Acts related to housing supply and affordability, or small business policy and programmes. The obligations imposed on Bill Shorten by this authorisation are primarily to act within the scope of his authorised functions and duties during the specified period. His role involves ensuring that decisions and actions taken in his capacity as the acting minister are in line with the legislative framework and administrative arrangements. Additionally, Bill Shorten is responsible for adhering to the directives and guidance provided by Julie Collins to maintain continuity in the governance of the relevant portfolios. Breach of the authorisation or failure to act within the scope of the authorised functions and duties could result in legal consequences. While the specific penalties for such breaches are not detailed in the instrument, any deviation from the authorised scope of action might lead to civil or criminal liabilities under the applicable Acts or common law. It is crucial that Bill Shorten exercises his powers judiciously and within the legal boundaries to avoid any adverse repercussions. In conclusion, the Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 4) Authorisation 2024I provides a clear framework for Bill Shorten to act in the capacity of Julie Collins for a limited period. It sets out the scope of authorised functions, imposes obligations on the acting minister, and implicitly warns of potential legal consequences for any misuse of the granted powers. The authorisation ensures a seamless transition in the ministerial roles concerning housing and small business policies during the specified period.