Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 8) Authorisation 2025

Overview

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 8) Authorisation 2025I, enacted in 2025, was introduced to ensure continuity and efficiency in the management of the Treasury Portfolio during the authorised period. This notifiable instrument was authorised by Jim Chalmers, the Treasurer, under subsections 19(4) and 34AAB(1) of the Acts Interpretation Act 1901. The authorisation allows Katy Gallagher, the Minister for Finance, to act on behalf of the Treasurer in performing functions, duties, or exercising powers under relevant Acts during the specified period from 22 December 2025 to 4 January 2026. This arrangement aims to maintain the effective governance and administration of the Treasury Portfolio during a transitional or temporary absence of the Treasurer, ensuring no disruption in the execution of critical financial and economic responsibilities.

Scope and Application

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 8) Authorisation 2025I, signed by Jim Chalmers, the Treasurer, under subsections 19(4) and 34AAB(1) of the Acts Interpretation Act 1901, grants Katy Gallagher, the Minister for Finance, the authority to act on his behalf in the performance of his functions and duties, or the exercise of his powers, that he may perform or exercise under an Act or a provision of an Act. This authorisation is specifically focused on the Treasury Portfolio and is designed to ensure continuity in the administration of financial and economic matters during a specified period when the Treasurer is temporarily unavailable. The authorisation applies to Katy Gallagher acting in her capacity as the Minister for Finance and is limited to the functions, duties, and powers that the Treasurer exercises in relation to the Treasury Portfolio. The geographic or jurisdictional reach of this authorisation is confined to the Commonwealth level, as it pertains to the roles and responsibilities of the Treasurer and the Minister for Finance within the Australian government. There are no specific exclusions, exemptions, or thresholds outlined in this particular authorisation. However, the scope of the authorisation is inherently constrained by the powers and duties of the Treasurer and the Minister for Finance as defined by existing legislation. The authorisation does not extend to any actions or decisions outside the bounds of the Treasury Portfolio or beyond the specified period, from 22 December 2025 to 4 January 2026.

Key Provisions

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 8) Authorisation 2025I (hereafter referred to as the Authorisation) primarily consists of two sections that lay out the acting arrangements for ministerial functions. Section 1(1) specifies that Katy Gallagher, the Minister for Finance, is authorised to act on behalf of Jim Chalmers, the Treasurer, during the specified period from 22 December 2025 to 4 January 2026. This authorisation is under subsections 19(4) and 34AAB(1) of the Acts Interpretation Act 1901, allowing Katy Gallagher to perform or exercise any functions, duties, or powers that the Treasurer might normally carry out. This ensures a seamless continuation of government operations and ministerial responsibilities during the specified period. The obligations imposed by this Authorisation on Katy Gallagher as the acting Minister are essentially to faithfully perform all the functions and duties of the Treasurer, Jim Chalmers, within the scope of the powers delegated. This includes making decisions, issuing directives, and executing any ministerial tasks that fall under the Treasurer's purview. Katy Gallagher must act within the bounds of the law and the terms of the authorisation, ensuring that the government's business continues without interruption during the Treasurer's absence. It is crucial that all actions taken by Katy Gallagher during this period are in line with the intent and scope of the authorisation, maintaining the integrity and continuity of the ministerial roles. The Authorisation does not explicitly detail offences, penalties, or civil/criminal consequences for breaches of its terms. However, any failure to act within the scope of the powers granted, or any misconduct in the performance of duties, could potentially lead to broader legal repercussions under other relevant legislation. These might include disciplinary actions, legal challenges, or other consequences as prescribed by the applicable laws governing ministerial conduct and administrative actions. The primary focus of the Authorisation is on the delegation and continuity of ministerial responsibilities, with the implicit understanding that the acting Minister must adhere to the legal and ethical standards expected of a government official.