Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 5) Authorisation 2025

Overview

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 5) Authorisation 2025I was enacted to provide a temporary delegation of authority within the Treasury Portfolio, specifically from the Treasurer, Jim Chalmers, to the Minister for Finance, Katy Gallagher, for a limited period. This authorisation, which commences on 2 October 2025 and ends on 6 October 2025, is issued under the authority of subsections 19(4) and 34AAB(1) of the Acts Interpretation Act 1901. The primary objective of this legislation is to ensure the continuity of essential functions and duties within the Treasury Portfolio during a period when the Treasurer is temporarily unable to perform their role. This measure aims to maintain the smooth operation of financial and economic governance within Australia during a short-term absence of the Treasurer.

Scope and Application

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 5) Authorisation 2025I applies to the functions and duties of the Treasurer, currently held by Jim Chalmers, and allows Katy Gallagher, the Minister for Finance, to act on his behalf during the specified period from 2 October 2025 to 6 October 2025. This authorisation is limited to the exercise of powers under the Acts Interpretation Act 1901, specifically subsections 19(4) and 34AAB(1), which pertain to the interpretation and application of Acts within the Commonwealth jurisdiction. The authorisation ensures continuity in the administration and enforcement of legislative provisions during the Treasurer's absence, thereby maintaining governmental operations and compliance with legal mandates. This authorisation does not extend beyond the specified date and is confined to the prescribed functions of the Treasurer, with no broader implications for other ministerial duties or legislative areas.

Key Provisions

The main sections of the Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 5) Authorisation 2025I ((2025I)) detail the authorisation for Katy Gallagher, the Minister for Finance, to act on behalf of Jim Chalmers, the Treasurer, during a specific period. Under subsections 19(4) and 34AAB(1) of the Acts Interpretation Act 1901, this authorisation allows Katy Gallagher to perform or exercise functions, duties, or powers that would otherwise be carried out by Jim Chalmers. This authorisation is narrowly defined and is effective from 2 October 2025 until 6 October 2025. This authorisation imposes certain obligations on Katy Gallagher to act within the scope of the powers delegated by Jim Chalmers. Specifically, she must perform her duties and exercise her powers in accordance with the laws and policies applicable to the Treasury Portfolio during the specified period. Katy Gallagher is required to ensure that all actions taken are consistent with the intent and scope of the delegation provided by the Treasurer. Additionally, any decisions made under this authorisation must be recorded and documented appropriately. Failure to comply with the terms of this authorisation may result in legal consequences. Although the document does not explicitly state penalties, breaches of authority could lead to actions under the Acts Interpretation Act 1901 or other relevant legislation. Such breaches might result in civil or criminal liability, depending on the nature and impact of the non-compliance. The potential penalties could include fines, imprisonment, or other sanctions as prescribed by law. It is important to note that the exact penalties would depend on the specific breach and applicable legal provisions.