Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 4) Authorisation 2025

Overview

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 4) Authorisation 2025I was enacted in 2025 to facilitate the smooth functioning of ministerial responsibilities within the Treasury portfolio during temporary absences or incapacitations of the Treasurer. This notifiable instrument aims to ensure that essential governmental functions and decision-making processes continue unhindered, thereby maintaining the stability and effectiveness of financial governance. Authorised under subsections 19(4) and 34AAB(1) of the Acts Interpretation Act 1901, it empowers Katy Gallagher, the Minister for Finance, to act in the Treasurer's stead from 1:00pm on 24 September 2025 until 28 September 2025. This legislative instrument is a pragmatic measure designed to uphold the integrity and continuity of financial administration in the interim period.

Scope and Application

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 4) Authorisation 2025I applies to Katy Gallagher, the Minister for Finance, who is authorised to act on behalf of the Treasurer, Jim Chalmers, in the performance of specific functions, duties, and powers under various Acts or provisions of Acts. The authorisation delineates the parameters within which Katy Gallagher can exercise the powers typically held by the Treasurer, ensuring continuity and effectiveness in the management of the Treasury portfolio during the specified period. The authorisation is geographically confined to the Commonwealth level and is applicable from 1:00pm, by legal time in the Australian Capital Territory, on 24 September 2025, until 28 September 2025. This legislative instrument is enacted under subsections 19(4) and 34AAB(1) of the Acts Interpretation Act 1901 and does not extend to include any other entities or persons outside the scope of the authorisation.

Key Provisions

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 4) Authorisation 2025I (F2025N00766) establishes that Katy Gallagher, the Minister for Finance, is authorised to act on behalf of Jim Chalmers, the Treasurer, during a specified period. This authorisation is under the authority of subsections 19(4) and 34AAB(1) of the Acts Interpretation Act 1901. It empowers Katy Gallagher to perform or exercise functions, duties, or powers that Jim Chalmers would otherwise handle during the time frame of the authorisation. The authorisation is effective from 1:00pm on 24 September 2025 and concludes at the same time on 28 September 2025. The obligations and requirements imposed by this instrument are clear: Katy Gallagher must act within the scope of her authorisation, ensuring that any functions, duties, or powers exercised during the specified period are those that would ordinarily fall under the purview of the Treasurer. The authorisation does not extend beyond the functions and duties related to the Treasury Portfolio, and Katy Gallagher is expected to perform them with the same authority and responsibility as if the Treasurer were performing them directly. The instrument is time-bound, and Katy Gallagher’s acting capacity ceases to be valid once the authorisation period ends. In terms of potential breaches of this authorisation, the consequences are not explicitly detailed within the text of the instrument itself. However, any actions taken outside the scope of the authorisation or beyond the specified time frame may be considered unauthorised and could result in legal or administrative repercussions. Such breaches might be subject to the relevant provisions of the Acts Interpretation Act 1901 and any other applicable legislation. While the instrument does not specify maximum penalties, unauthorised actions could potentially lead to civil or criminal consequences depending on the nature and impact of the breach.