Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 6) Authorisation 2023

Overview

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 6) Authorisation 2023I was enacted to provide an authorised mechanism for the delegation of ministerial powers within the Treasury Portfolio. This notifiable instrument was introduced to address the need for seamless continuity in the performance of ministerial functions and duties, particularly in the context of critical areas such as housing supply and affordability, as well as small business policy and programmes. Authorised by Julie Collins, the Minister for Housing, Minister for Homelessness, and Minister for Small Business, this instrument allows Amanda Rishworth, the Minister for Social Services, to act on behalf of Julie Collins during her absence. The instrument aims to ensure that essential governmental functions continue uninterrupted, thereby maintaining the effectiveness of policy implementation and programme delivery within the specified timeframe of 17 to 24 September 2023.

Scope and Application

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 6) Authorisation 2023I applies specifically to the performance of functions, duties, and exercise of powers under certain Acts within the Treasury Portfolio, particularly those related to housing supply and affordability, and small business policy and programs. This authorisation pertains to the Acting Minister, Amanda Rishworth, who is the Minister for Social Services, and allows her to act on behalf of Julie Collins, the Minister for Housing, Minister for Homelessness, and Minister for Small Business, during a specified period from 17 September 2023 to 24 September 2023. The scope of the authorisation is confined to the Commonwealth level, and it does not specify any exclusions or exemptions, but it is inherently limited by the scope of the Acts and provisions it references. The application of the authorisation may be extended or restricted through subordinate instruments, although such details are not provided in this particular notifiable instrument.

Key Provisions

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 6) Authorisation 2023I (the "Authorisation") provides for Amanda Rishworth, the Minister for Social Services, to act on behalf of Julie Collins, the Minister for Housing, Minister for Homelessness, and Minister for Small Business, in specific functions and duties related to housing supply and affordability, as well as small business policy and programmes (sections 1 and 2). This authorisation is in effect from 17 September 2023 until 24 September 2023, as stipulated in section 3 of the Authorisation. Under the Authorisation, Amanda Rishworth is granted the authority to perform any functions or duties and exercise any powers that Julie Collins might perform or exercise under any Act or provision of an Act within the scope of housing supply and affordability or small business policy and programmes (section 1). This includes, but is not limited to, duties related to the Department of the Treasury as outlined in the Administrative Arrangements Order (section 1). The obligations imposed on Amanda Rishworth by this Authorisation are to act in accordance with the functions and duties outlined in section 1 of the Authorisation. This means that she must exercise the powers and perform the functions as if she were the Minister for Housing, Minister for Homelessness, and Minister for Small Business for the specified period. There are no explicit offences, penalties, or civil/criminal consequences outlined in the Authorisation for a breach of its provisions. However, any actions taken by Amanda Rishworth outside the scope of her authorised functions and duties could potentially be subject to legal scrutiny or challenge, as they would be beyond the scope of her acting authority. The authorisation itself does not specify any maximum penalties for breaches, but any misconduct or abuse of power could be subject to relevant legislative or administrative consequences. In conclusion, the Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 6) Authorisation 2023I provides Amanda Rishworth with the authority to act on behalf of Julie Collins in specific functions and duties related to housing supply and affordability and small business policy and programmes. This authorisation imposes obligations on Amanda Rishworth to act within the scope of her authorised functions and duties. While the Authorisation does not specify explicit penalties for breaches, any actions outside the scope of her acting authority could be subject to relevant consequences.