Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 5) Authorisation 2023

Overview

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 5) Authorisation 2023I was enacted to facilitate the smooth operation of ministerial functions and duties within the Treasury portfolio during a specific period of absence of the Treasurer, Dr Jim Chalmers. This notifiable instrument, introduced on 17 July 2023 and concluding on 19 July 2023, aims to ensure that the critical responsibilities of the Treasurer are seamlessly managed by an acting Minister. Enacted by the Parliament of Australia under subsection 34AAB(1) of the Acts Interpretation Act 1901, the authorisation designates Katy Gallagher, Minister for Finance, to act on behalf of Dr Chalmers during his absence. This legislative measure addresses the need for continuity in the performance of ministerial functions and the exercise of powers within the Treasury portfolio, thereby maintaining governance stability and ensuring the uninterrupted delivery of government services.

Scope and Application

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 5) Authorisation 2023I pertains specifically to the delegation of functions and duties from the Treasurer, Dr Jim Chalmers, to the Minister for Finance, Katy Gallagher, within the Treasury portfolio. This authorisation is in effect for the limited period from 17 July 2023 to 19 July 2023, during which Katy Gallagher is empowered to act on Dr Chalmers’ behalf in the exercise of functions, duties, or powers that the Treasurer may otherwise perform or exercise under any Act or provision of an Act. It should be noted that during this period, the Hon Julie Collins, Minister for Housing, Minister for Homelessness, and Minister for Small Business, will be acting as Treasurer on 16 July 2023, as she is already authorised to perform functions and duties in relation to Acts within the Treasury portfolio. This authorisation does not extend beyond the specified dates and does not alter the scope of powers that the Minister for Finance may already exercise under other Acts.

Key Provisions

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 5) Authorisation 2023I, dated 10 July 2023, is a short-term authorisation under subsection 34AAB(1) of the Acts Interpretation Act 1901. It specifically allows Katy Gallagher, the Minister for Finance, to act on behalf of Jim Chalmers, the Treasurer, in the performance of his functions, duties, or powers under any Act or provision of an Act (section 1). This authorisation is effective from 17 July 2023 until 19 July 2023, a brief window during which Katy Gallagher is empowered to exercise the responsibilities of the Treasurer. The obligations imposed by this authorisation are straightforward. Katy Gallagher is mandated to act in accordance with the statutory functions and duties that the Treasurer, Jim Chalmers, would normally perform. This includes making decisions, issuing directives, and exercising powers that are typically within the purview of the Treasurer’s role. The authorisation ensures that there is no disruption in the execution of the Treasurer’s responsibilities during the specified period (section 2). In terms of potential breaches, the authorisation does not explicitly outline specific offences or penalties for non-compliance. However, any deviation from the authorised functions and duties could be considered an unauthorised exercise of power, which might have broader legal implications under the Acts Interpretation Act 1901 or other relevant legislation. The authorisation itself is a clear directive, and failure to adhere to its terms could result in actions being taken against the individual for acting beyond their authority or not acting at all when required. For the period of this authorisation, the role and responsibilities of the Treasurer are effectively transferred to Katy Gallagher, and she is expected to carry out these duties with the same level of authority and accountability as the Treasurer himself. This includes ensuring that all actions taken are consistent with the legal framework and policy directives that the Treasurer would follow. The authorisation underscores the importance of continuity in government functions and the structured process for handling such temporary transfers of authority. Overall, this authorisation serves as a formal and legal mechanism to ensure that the responsibilities of the Treasurer are maintained seamlessly during a brief period of absence, providing clarity and continuity in the administration of government functions.