Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 7) Authorisation 2022

Overview

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 7) Authorisation 2022I was enacted to provide a temporary arrangement allowing Katy Gallagher, Minister for Finance, to act on behalf of Stephen Jones, Assistant Treasurer and Minister for Financial Services, in the Treasury Portfolio. This notifiable instrument was introduced to address a specific gap in the continuity of ministerial functions and duties within the Treasury Portfolio during a specified period, namely from 24 December 2022 to 1 January 2023. Authorised under subsection 34AAB(1) of the Acts Interpretation Act 1901, the authorisation was issued by Stephen Jones and commenced on the date of issuance, 10 December 2022. The authorisation underscores the importance of maintaining uninterrupted ministerial functions and duties within the Treasury Portfolio to ensure the effective governance and administration of financial services in Australia.

Scope and Application

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 7) Authorisation 2022I applies to Katy Gallagher, the Minister for Finance, who is authorised to act on behalf of Stephen Jones, the Assistant Treasurer and Minister for Financial Services, in the performance of his functions and duties or the exercise of his powers under an Act or a provision of an Act. The authorisation is specific to the Treasury Portfolio and is limited to the period between 24 December 2022 and 1 January 2023. This legislation is a Commonwealth instrument, reflecting the jurisdictional reach within the federal sphere of Australian law. The authorisation does not extend beyond the specified timeframe or involve any other persons or entities outside the roles of the Ministers mentioned. There are no stated exclusions, exemptions, or thresholds within the authorisation itself, but its scope is inherently confined to the acting arrangements between the two Ministers as outlined.

Key Provisions

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 7) Authorisation 2022I primarily authorises Katy Gallagher, the Minister for Finance, to act on behalf of Stephen Jones, the Assistant Treasurer and Minister for Financial Services, in relation to certain functions, duties, and powers. This authorisation is effective from 24 December 2022 and concludes on 1 January 2023, as specified under subsection 34AAB(1) of the Acts Interpretation Act 1901 (section 1(1)). The authorisation is limited to the functions, duties, and powers that Stephen Jones may perform or exercise under an Act or a provision of an Act (section 1(2)). The obligations and requirements imposed by this authorisation are primarily procedural, ensuring that Katy Gallagher can step into the role of acting on behalf of Stephen Jones during the specified period. This includes the authority to perform any necessary actions, make decisions, and exercise powers that Stephen Jones would typically handle within the scope of his ministerial responsibilities. Katy Gallagher must act within the bounds of the authorisation, adhering to the specific timeframe and scope outlined in the document (section 1(2)). There are no direct offences or penalties specified in this authorisation, as it is a procedural document rather than a regulatory one. However, any actions taken by Katy Gallagher outside the scope of the authorisation could potentially lead to legal consequences, as they would not be covered by the authorisation and might contravene other relevant legislation. The primary focus of the authorisation is to ensure continuity and effective governance during the transition period by clearly delineating the authority and responsibilities of Katy Gallagher (section 1(3)). It is important for all parties involved to understand the limitations and the precise scope of this authorisation to avoid any misunderstandings or unauthorised actions. The authorisation serves as a formal delegation of authority, ensuring that the government's operations remain uninterrupted during the period of transition. The brevity and specificity of the authorisation underscore its role in maintaining legal and administrative continuity within the Treasury Portfolio (section 1(4)).