Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 7) Authorisation 2023

Overview

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 7) Authorisation 2023I was enacted in 2023 to facilitate the seamless operation of ministerial duties and responsibilities within the Treasury Portfolio. Authorised by Julie Collins, the Minister for Housing, Minister for Homelessness, and Minister for Small Business, this instrument specifically empowers Murray Watt, the Minister for Agriculture, Fisheries and Forestry, to act on her behalf in relation to functions, duties, and powers concerning housing supply and affordability, as well as small business policy and programs. This authorisation was introduced to ensure continuity and efficiency in ministerial actions, particularly in light of potential absences or delegations, thereby addressing any potential gaps in governance that might arise due to such circumstances. The enactment underscores the importance of maintaining robust administrative arrangements to support the effective functioning of government policies and programs within the specified portfolio.

Scope and Application

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 7) Authorisation 2023I applies specifically to Julie Collins, the Minister for Housing, Minister for Homelessness, and Minister for Small Business, who delegates her functions and duties under relevant Acts to Murray Watt, the Minister for Agriculture, Fisheries and Forestry, for a limited period. This authorisation pertains to matters related to housing supply and affordability as well as small business policy and programs, as defined within the Department of the Treasury's administrative arrangements. The instrument operates within the jurisdictional reach of the Commonwealth of Australia and is effective from 25 September 2023 until 29 September 2023. This delegation does not extend beyond the specified time frame, and any actions taken by Murray Watt under this authorisation are strictly limited to the scope of the Acts mentioned.

Key Provisions

The primary operative section of the Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 7) Authorisation 2023I (paragraph 1) authorises Murray Watt, the Minister for Agriculture, Fisheries and Forestry, to act on behalf of Julie Collins, the Minister for Housing, Minister for Homelessness, and Minister for Small Business, in the performance of her functions and duties or the exercise of her powers under specific Acts or provisions of Acts related to housing supply and affordability or small business policy and programmes. This authorisation is limited to the timeframe of 25 September 2023 to 29 September 2023. The authorisation stems from subsection 34AAB(1) of the Acts Interpretation Act 1901, ensuring it has a legal foundation and authority. Under this authorisation, Murray Watt assumes certain responsibilities and authorities that Julie Collins would normally exercise. This includes making decisions, signing documents, and performing duties related to housing supply and affordability or small business policy and programmes within the Department of the Treasury as outlined in the relevant part of the Schedule to the Administrative Arrangements Order. This delegation is temporary, providing a seamless transition in governance without a lapse in the administration of these critical areas. The Act imposes specific obligations on Murray Watt to act in accordance with the functions and duties outlined by Julie Collins. He is required to perform these functions and duties diligently and within the legal framework provided by the Acts Interpretation Act 1901 and the Administrative Arrangements Order. Murray Watt must ensure that his actions align with the overarching policies and objectives set forth by Julie Collins, maintaining continuity and effectiveness in the administration of housing supply and affordability or small business policy and programmes. Failure to adhere to the terms of this authorisation may result in civil or criminal consequences. While specific penalties are not detailed within the text, breaches of statutory duties or misuse of delegated powers can lead to legal action, including potential fines or other penalties as determined by relevant courts. The seriousness of the breach will determine the extent of the consequences, with the overarching aim of maintaining the integrity and effectiveness of governmental functions.