Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 5) Authorisation 2024

Overview

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 5) Authorisation 2024I, enacted by Jim Chalmers, Treasurer, under subsection 34AAB(1) of the Acts Interpretation Act 1901, addresses the need for temporary delegation of certain ministerial functions during a specified period of absence. Authorising Katy Gallagher, Minister for Finance, to act on behalf of the Treasurer from 31 July 2024 to 2 August 2024, this authorisation ensures continuity of governance within the Treasury portfolio. The instrument aims to maintain the effective administration of the government’s financial policies and legislative responsibilities, thereby safeguarding public interest and ensuring seamless operation of the Treasury’s duties during the Treasurer’s temporary absence.

Scope and Application

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 5) Authorisation 2024I, issued under subsection 34AAB(1) of the Acts Interpretation Act 1901, outlines specific authorisations for Katy Gallagher, the Minister for Finance, to act on behalf of Jim Chalmers, the Treasurer, during his absence from office. This authorisation encompasses the full range of functions, duties, and powers that the Treasurer may exercise under any Act or provision of an Act within the Treasury Portfolio. The scope of this authorisation is limited to the period from 31 July 2024 to 2 August 2024, during which Katy Gallagher is empowered to act in the Treasurer's stead. This arrangement ensures continuity of government functions and the timely execution of relevant powers and duties within the specified timeframe.

Key Provisions

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 5) Authorisation 2024I (the Authorisation) authorises Katy Gallagher, the Minister for Finance, to act on behalf of the Treasurer, Jim Chalmers, during a specified period. Section 1 of the Authorisation details the authorisation of Katy Gallagher to perform or exercise the functions, duties, and powers of the Treasurer, as provided under subsection 34AAB(1) of the Acts Interpretation Act 1901. This includes any powers under an Act or a provision of an Act that the Treasurer might otherwise perform or exercise. The Authorisation is effective from 31 July 2024 until 2 August 2024, as stated in section 2. The obligations and requirements imposed by this Authorisation primarily concern the scope and duration of Katy Gallagher’s acting authority. The authority is limited to the functions and duties of the Treasurer, and it does not extend beyond the powers and provisions specified within the Acts Interpretation Act 1901. Katy Gallagher must act in accordance with the terms of this Authorisation and the existing legislative framework. This includes ensuring that any actions taken during this period comply with the relevant Acts and regulations that the Treasurer would normally oversee. Regarding consequences, there are no explicit offences or penalties detailed within the Authorisation itself. However, any actions taken by Katy Gallagher outside the scope of the authorisation or in violation of the terms set forth could potentially lead to legal consequences. Such actions might include breaches of specific Acts or regulations that the Treasurer would typically oversee. Should there be any such breaches, the applicable penalties would be determined by the relevant legislation under which the breach occurred. The Authorisation itself serves to clarify and limit the acting authority, rather than introducing new penalties or consequences.