Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 8) Authorisation 2024

Overview

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 8) Authorisation 2024I was enacted to facilitate the continuity of the Treasury Portfolio's functions during a temporary period of absence of the Treasurer. This notifiable instrument, issued under subsection 34AAB(1) of the Acts Interpretation Act 1901, authorises Katy Gallagher, Minister for Finance, to act on behalf of Jim Chalmers, the Treasurer, during his absence from 23 October 2024 to 27 October 2024. This measure ensures that the essential functions and duties within the Treasury portfolio are not interrupted and maintains the effective governance and administration of financial matters within the specified timeframe. The enactment of this authorisation by the Treasurer, Jim Chalmers, aims to uphold the integrity and efficiency of financial oversight and policy implementation during his temporary absence.

Scope and Application

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 8) Authorisation 2024I is a notifiable instrument that authorises Katy Gallagher, the Minister for Finance, to act on behalf of Jim Chalmers, the Treasurer, during a specified period from 23 October 2024 to 27 October 2024. This authorisation encompasses the functions, duties, and powers that the Treasurer may perform or exercise under an Act or a provision of an Act. The scope of the authorisation is narrowly tailored to the Treasury Portfolio, ensuring that Katy Gallagher’s acting role is confined to the specific duties and powers within this portfolio. This instrument does not extend to other ministerial portfolios or responsibilities outside the Treasury. The authorisation operates under subsection 34AAB(1) of the Acts Interpretation Act 1901, providing a clear legal framework for the temporary delegation of authority.

Key Provisions

The main operative sections of the Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 8) Authorisation 2024I (hereafter referred to as the Authorisation) are primarily concerned with granting authority to Katy Gallagher, the Minister for Finance, to act on behalf of Jim Chalmers, the Treasurer, during a specified period. Under section 1, Jim Chalmers authorises Katy Gallagher to perform his functions, duties, and exercise his powers during the time period between 23 October 2024 and 27 October 2024. This authorisation is executed under subsection 34AAB(1) of the Acts Interpretation Act 1901. This temporary delegation is intended to ensure continuity in the administration and governance of the Treasury portfolio while the Treasurer is temporarily unavailable. The obligations and requirements imposed by the Authorisation are straightforward but crucial for the governance framework it supports. Firstly, Katy Gallagher, as the acting Minister, must adhere to the same standards of conduct, decision-making, and policy implementation as would be expected of Jim Chalmers if he were performing these duties. This includes ensuring that all decisions made during her acting capacity are in line with existing laws, regulations, and government policies. Additionally, Katy Gallagher is required to maintain clear and accurate records of any actions taken and decisions made during her acting period, which would be subject to review and audit. The Authorisation also outlines the consequences for any breaches of the terms set forth in the instrument. While the document does not explicitly detail specific offences or penalties for breaches, it implicitly relies on the broader legal framework within which it operates. Any actions taken by Katy Gallagher that deviate from her authorised scope could potentially lead to legal repercussions, including disciplinary actions or investigations under the Public Service Act 1999 or other relevant legislation. In more severe cases, depending on the nature and impact of the breach, there could be civil or criminal liabilities, though these would be determined by the specific legal provisions applicable at the time. The Authorisation commences on 23 October 2024 and concludes on 27 October 2024, a timeframe clearly defined to ensure there is no ambiguity regarding the period during which Katy Gallagher's acting authority is in effect. This temporal constraint is critical in maintaining the integrity and legality of the delegation process. It ensures that any actions taken within this period are fully authorised and compliant with the statutory requirements governing ministerial delegations. The document is dated 21 October 2024, signed by Dr Jim Chalmers, the Treasurer, marking the formal and official commencement of Katy Gallagher's acting capacity.