Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 5) Authorisation 2022

Overview

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 5) Authorisation 2022 was enacted in 2022 to address the need for authorised acting arrangements within the Treasury Portfolio. This notifiable instrument was authorised by Dr Jim Chalmers, the Treasurer, under subsection 34AAB(1) of the Acts Interpretation Act 1901. The policy objective of this authorisation is to ensure the continuity of ministerial functions and duties in the Treasury Portfolio during a specified period when the Treasurer is temporarily unavailable. Authorising Katy Gallagher, the Minister for Finance, to act in the Treasurer’s place provides a formal mechanism for the efficient administration of the Treasury's responsibilities, maintaining governmental stability and operational effectiveness during the period of 16 December 2022 to 1 January 2023.

Scope and Application

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 5) Authorisation 2022I, issued under the authority of Jim Chalmers, the Treasurer, and pursuant to subsection 34AAB(1) of the Acts Interpretation Act 1901, pertains to the delegation of specific functions, duties, and powers of the Treasurer to Katy Gallagher, the Minister for Finance. This authorisation is effective from 16 December 2022 until 1 January 2023, providing a temporary delegation arrangement within the Treasury portfolio. The authorisation applies specifically to the roles and responsibilities of the Treasurer as outlined in various legislative provisions, ensuring continuity in the management of financial affairs during the specified period. This arrangement does not extend to any other ministerial roles or powers outside the scope of the Treasury portfolio.

Key Provisions

The main operative sections of the Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 5) Authorisation 2022I are found in the instrument itself, which provides for Katy Gallagher, Minister for Finance, to act on behalf of Jim Chalmers, Treasurer, in the performance of his functions, duties, and powers under an Act or a provision of an Act. This authorisation is effective from 16 December 2022 to 01 January 2023, as specified in the document dated 6 December 2022. Under section 34AAB(1) of the Acts Interpretation Act 1901, this authorisation allows Katy Gallagher to act on behalf of Jim Chalmers in matters pertaining to the Treasury Portfolio during this interim period. This Act imposes specific obligations and requirements on the parties involved. Firstly, Katy Gallagher, as the authorised acting Minister, must ensure that all actions taken in her capacity are in line with the functions, duties, and powers of Jim Chalmers, Treasurer. She must maintain the integrity and continuity of the Treasury Portfolio’s operations during this period. Additionally, any decisions or actions taken by Katy Gallagher during this time should be documented and reported to the appropriate authorities, ensuring transparency and accountability in the ministerial transition. In terms of consequences for breach, the Act does not explicitly state specific offences, penalties, or civil/criminal consequences for non-compliance. However, any actions taken by Katy Gallagher outside the scope of the authorisation, or any breaches of her obligations under this arrangement, could potentially lead to legal repercussions, including potential accountability under relevant sections of the Acts Interpretation Act 1901 or other applicable legislation. The seriousness of any such consequences would depend on the nature and extent of the breach, and could potentially involve judicial review or other legal processes to address any misconduct or mismanagement during the acting period.