Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 8) Authorisation 2023

Overview

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 8) Authorisation 2023I was enacted to facilitate a temporary transfer of powers and duties within the Treasury Portfolio, addressing the need for continuity in ministerial responsibilities during a specified period of absence. Authorised by Jim Chalmers, the Treasurer, under subsection 34AAB(1) of the Acts Interpretation Act 1901, this notifiable instrument designates Katy Gallagher, the Minister for Finance, to act on the Treasurer's behalf from 11 to 15 November 2023. This arrangement ensures that the Treasury's operations remain uninterrupted during the Treasurer's absence, maintaining the integrity and efficiency of financial and economic policy management within the stipulated timeframe.

Scope and Application

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 8) Authorisation 2023I, issued by Jim Chalmers, the Treasurer, under subsection 34AAB(1) of the Acts Interpretation Act 1901, pertains to the delegation of certain functions and duties to Katy Gallagher, the Minister for Finance. This authorisation allows Katy Gallagher to act on behalf of Jim Chalmers in the performance of his functions, duties, and the exercise of his powers under specified Acts or provisions of Acts, during the period from 11 November 2023 to 15 November 2023. The authorisation ensures continuity in the Treasury Portfolio by enabling the Minister for Finance to step in and handle specific responsibilities of the Treasurer when required. The scope of the delegation includes any act or provision under the Acts Interpretation Act 1901 or other applicable legislation within the Treasury Portfolio, ensuring that essential governmental functions are not disrupted during the specified timeframe.

Key Provisions

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 8) Authorisation 2023I outlines the arrangement for the acting capacity of Katy Gallagher, Minister for Finance, in the performance of Jim Chalmers' functions as Treasurer. Section 1 of the instrument explicitly states that Katy Gallagher is authorised to act on behalf of Jim Chalmers in executing his roles, duties, and powers under any relevant Act or provision of an Act. This authorisation is effective from 11 November 2023 until 15 November 2023, as detailed in Section 2. The authorisation is grounded in subsection 34AAB(1) of the Acts Interpretation Act 1901, ensuring that the acting arrangement adheres to the legislative framework. The obligations imposed by this Act are primarily centred on the delegation of authority from Jim Chalmers to Katy Gallagher for a specific period. Katy Gallagher, as the acting Minister, is expected to perform all functions, duties, and exercises of powers that would otherwise be performed by Jim Chalmers during the authorisation period. This includes making decisions, signing documents, and fulfilling responsibilities that are typically within the scope of the Treasurer's role. The authorisation ensures that the continuity of governance and the effective administration of the Treasury Portfolio are maintained during the specified time frame. Failure to comply with the provisions of this authorisation may lead to various consequences. While specific offences or penalties are not detailed in the instrument, breaches of such authorisations generally attract legal ramifications under the general administrative law principles. These could include judicial review, where the courts may deem actions taken by Katy Gallagher outside her authorised powers to be unlawful. Additionally, any misconduct or misuse of delegated authority could lead to disciplinary actions within the government, including potential revocation of the authorisation and other administrative consequences. In summary, the Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 8) Authorisation 2023I provides a clear delegation of authority from Jim Chalmers to Katy Gallagher for a limited period. This authorisation imposes specific obligations on Katy Gallagher to act within the bounds of her authorised powers. Any breaches of these obligations could result in serious administrative and possibly legal consequences. The instrument operates within the legislative framework provided by the Acts Interpretation Act 1901, ensuring that the acting arrangements are lawful and properly authorised.