Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 9) Authorisation 2023

Overview

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 9) Authorisation 2023I, enacted on 16 December 2023 and ending on 7 January 2024, addresses the need for a temporary acting arrangement within the Treasury Portfolio. Authorised by Jim Chalmers, the Treasurer, under subsection 34AAB(1) of the Acts Interpretation Act 1901, this instrument allows Katy Gallagher, the Minister for Finance, to act on his behalf during his absence. The authorisation ensures that the functions, duties, and powers of the Treasurer are efficiently managed in his absence, maintaining continuity and stability within the Treasury Portfolio. This enactment reflects the policy objective of ensuring effective governance and administration within the specified period.

Scope and Application

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 9) Authorisation 2023I applies specifically to the context of ministerial functions and duties within the Treasury Portfolio in Australia. It authorises Katy Gallagher, the Minister for Finance, to act on behalf of Jim Chalmers, the Treasurer, in the performance of his functions and duties or the exercise of his powers under any Act or provision of an Act. This authorisation is limited in scope and duration, commencing on 16 December 2023 and ending on 7 January 2024, thereby establishing a temporary acting arrangement. The instrument adheres to the statutory framework provided by subsection 34AAB(1) of the Acts Interpretation Act 1901, ensuring that the delegation of authority is within legal bounds. There are no stated exclusions, exemptions, or thresholds specified within the authorisation itself, and it does not extend or restrict application beyond its defined parameters.

Key Provisions

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 9) Authorisation 2023I, issued under the authority of subsection 34AAB(1) of the Acts Interpretation Act 1901, is a notifiable instrument that authorises Katy Gallagher, the Minister for Finance, to act on behalf of Jim Chalmers, the Treasurer, in the performance of his functions, duties, and powers under any Act or provision of an Act. This authorisation is specifically applicable to the Treasury Portfolio and is in effect from 16 December 2023 until 7 January 2024. It is important to note that the instrument is subject to the existing provisions of the Acts Interpretation Act 1901, which governs the delegation and authorisation of ministerial powers. The Act imposes certain obligations on the parties involved. Firstly, Jim Chalmers, as the Treasurer, must ensure that his functions, duties, and powers are adequately covered by Katy Gallagher during the specified period. This includes any administrative, legislative, or policy-making activities that fall within the scope of his portfolio. Katy Gallagher, as the authorised Minister, must exercise her authority responsibly and in accordance with the law, ensuring that she acts within the bounds of the authorisation provided by the instrument. Both parties must maintain transparency and adherence to the legal framework governing ministerial powers and delegations. Failure to comply with the provisions of the instrument could result in legal consequences. Although the specific penalties are not detailed in the instrument itself, breaches of the Acts Interpretation Act 1901 or any related legislation could lead to both civil and criminal penalties. For instance, if Katy Gallagher acts outside the scope of her authorisation or if there is a failure to properly notify relevant stakeholders of the acting arrangements, this could potentially lead to legal action. The penalties for such breaches would depend on the nature and severity of the offence, with potential consequences ranging from fines to more severe criminal sanctions. It is crucial for both parties to adhere strictly to the terms of the authorisation to avoid any legal repercussions.