Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 7) Authorisation 2024

Overview

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 7) Authorisation 2024I was enacted to address the need for a seamless transition of authority within the Treasury Portfolio in the event of the Treasurer's temporary absence. Authorised by Jim Chalmers, the Treasurer, under subsection 34AAB(1) of the Acts Interpretation Act 1901, this instrument enables Katy Gallagher, the Minister for Finance, to act on behalf of the Treasurer during his absence from 5:00pm on 25 September 2024 until 28 September 2024. The policy objective behind this authorisation is to ensure continuity of government operations and maintain the effective administration of the Treasury Portfolio during the specified period, thereby safeguarding the stability and functionality of critical financial governance.

Scope and Application

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 7) Authorisation 2024I pertains specifically to the delegation of authority within the Treasury Portfolio, enabling Katy Gallagher, Minister for Finance, to act on behalf of Jim Chalmers, the Treasurer, during the specified period from 5:00 pm on 25 September 2024 until 28 September 2024. This authorisation is grounded in the authority conferred under subsection 34AAB(1) of the Acts Interpretation Act 1901. This authorisation allows Katy Gallagher to perform the functions, duties, and exercise the powers that Jim Chalmers, the Treasurer, may undertake under the various Acts or provisions of Acts relevant to the Treasury Portfolio during the authorised timeframe. The scope of this authorisation is strictly limited to the ministerial duties of the Treasurer within the Treasury Portfolio, and it does not extend to other ministerial functions outside this domain. The instrument itself does not delineate specific exclusions or exemptions, but it implicitly confines its application to the authorised period and the scope of duties within the Treasury Portfolio.

Key Provisions

The primary sections of the Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 7) Authorisation 2024I (paragraph 1) empower Katy Gallagher, the Minister for Finance, to act on behalf of Jim Chalmers, the Treasurer, in the performance of his functions and duties. This authorisation is issued under subsection 34AAB(1) of the Acts Interpretation Act 1901 (subsection 1). The authorisation specifically outlines the scope of the powers Katy Gallagher is permitted to exercise during this period. It begins at 5:00pm on 25 September 2024 and terminates on 28 September 2024 (subsection 2). Under this Act, Katy Gallagher is required to perform or exercise any functions, duties, or powers that Jim Chalmers, as the Treasurer, might ordinarily perform or exercise. This includes any administrative, legislative, or executive functions related to the Treasury Portfolio. The authorisation is limited to the period specified and is intended to ensure continuity of government functions during a temporary absence of the Treasurer. There are no explicit obligations or requirements outlined in this instrument beyond the scope of acting on behalf of the Treasurer within the specified timeframe. However, the acting Minister must adhere to the duties and responsibilities associated with the role of Treasurer, ensuring that all actions taken are in line with the legal and policy frameworks governing the Treasury Portfolio. While the instrument itself does not detail specific offences or penalties for breach, it is understood that any unauthorised or improper exercise of the powers could lead to legal consequences. Given the nature of the authorisation, any deviation from the outlined scope could result in administrative or legal actions against Katy Gallagher. However, the exact penalties would be determined by the applicable laws and regulations governing ministerial duties and responsibilities.