Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 7) Authorisation 2025

Overview

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 7) Authorisation 2025I was enacted to address the need for a clear and legally binding framework that allows for the delegation of powers and functions between senior officials within the Treasury Portfolio when the Treasurer is temporarily unavailable. This notifiable instrument was authorised by Jim Chalmers, the Treasurer, under the provisions of the Acts Interpretation Act 1901. The policy objective of this authorisation is to ensure the continuity of government operations and the efficient administration of Treasury-related responsibilities by empowering Katy Gallagher, the Minister for Finance, to act on behalf of the Treasurer during a specified period. The instrument specifies that it commences at 6:30pm, by legal time in the Australian Capital Territory, on 4 December 2025, and it expires on 5 December 2025. This temporary delegation mechanism is intended to maintain the smooth functioning of government services without necessitating the immediate appointment of an interim Treasurer.

Scope and Application

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 7) Authorisation 2025I is a notifiable instrument that outlines the acting arrangements for the Treasurer's functions, duties, and powers during a specified period. Under this authorisation, Katy Gallagher, the Minister for Finance, is empowered to act on behalf of the Treasurer, Jim Chalmers, in relation to the functions, duties, or powers he may perform or exercise under any Act or provision of an Act. The authorisation is specifically tailored to the period commencing at 6:30pm, by legal time in the Australian Capital Territory, on 4 December 2025, and concluding on 5 December 2025. This instrument provides a clear framework for the delegation of authority within the Treasury portfolio, ensuring continuity of government operations during the specified time frame. The authorisation is grounded in the authority conferred by subsections 19(4) and 34AAB(1) of the Acts Interpretation Act 1901, thereby providing a legal basis for the delegation of powers.

Key Provisions

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 7) Authorisation 2025I (F2025N00940) outlines specific provisions that allow Katy Gallagher, the Minister for Finance, to act on behalf of the Treasurer, Jim Chalmers, in the performance of his functions and duties. Under this authorisation, Katy Gallagher is permitted to exercise any powers that Jim Chalmers may perform or exercise under an Act or a provision of an Act, as outlined in subsections 19(4) and 34AAB(1) of the Acts Interpretation Act 1901 (subsections 19(4) and 34AAB(1)). This authorisation is effective from 6:30pm, by legal time in the Australian Capital Territory, on 4 December 2025, and it expires on 5 December 2025 (subsection 19(4) and 34AAB(1)). This authorisation imposes specific obligations on Katy Gallagher, who is now authorised to perform functions and exercise powers in the Treasury Portfolio on behalf of Jim Chalmers. These obligations include adhering strictly to the scope of the authorisation and ensuring that all actions taken are within the authorised parameters. Katy Gallagher must ensure that any decisions made or actions taken are in accordance with the law and the specific provisions of the Acts Interpretation Act 1901, particularly as they pertain to the delegation of powers and duties. This includes maintaining transparency and accountability in the exercise of the delegated powers (subsections 19(4) and 34AAB(1)). In terms of potential consequences for breach of the authorisation, the legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences within the notifiable instrument itself. However, any actions taken outside the scope of the authorisation or in violation of the Acts Interpretation Act 1901 could potentially lead to legal consequences. Such breaches may result in disciplinary action, legal challenges, or other repercussions as prescribed by relevant laws and regulations. The severity of these consequences would depend on the nature and extent of the breach, as well as the specific legal frameworks applicable to the situation (subsections 19(4) and 34AAB(1)).