Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 9) Authorisation 2024

Overview

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 9) Authorisation 2024I was enacted to address the need for temporary delegation of certain ministerial functions and powers within the Treasury portfolio, specifically in relation to housing supply and affordability. Authorised under the Acts Interpretation Act 1901, this instrument facilitates the seamless transfer of responsibilities from Clare O’Neil, Minister for Housing and Minister for Homelessness, to Amanda Rishworth, Minister for Social Services, for a brief period from 6 January 2025 to 13 January 2025. The purpose of this authorisation is to ensure continuity in the administration of relevant housing policies and legislative functions during the temporary absence of Clare O’Neil. This measure is enacted by the Parliament of Australia to uphold the efficiency and effectiveness of government operations in the specified portfolio.

Scope and Application

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 9) Authorisation 2024I pertains to the delegation of specific functions and duties to Amanda Rishworth, Minister for Social Services, by Clare O’Neil, Minister for Housing and Minister for Homelessness. This authorisation is issued under the provisions of the Acts Interpretation Act 1901 and applies to matters relating to housing supply and affordability, as outlined in the relevant part of the Schedule to the Administrative Arrangements Order for the Department of the Treasury. The scope of this authorisation is limited to the period between 6 January 2025 and 13 January 2025, during which Amanda Rishworth is empowered to act on behalf of Clare O’Neil in executing functions, duties, and powers related to housing supply and affordability. This authorisation does not extend beyond the specified timeframe and is restricted to the designated areas of responsibility within the Treasury Portfolio.

Key Provisions

The Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 9) Authorisation 2024I (F2024N01114) is a notifiable instrument that provides authority for Amanda Rishworth, Minister for Social Services, to act on behalf of Clare O’Neil, Minister for Housing and Minister for Homelessness, in relation to housing supply and affordability. This authorisation is pursuant to subsections 19(4) and 34AAB(1) of the Acts Interpretation Act 1901. The authorisation allows Amanda Rishworth to perform or exercise any functions, duties, or powers that Clare O’Neil might perform or exercise under any Act or provision of an Act concerning housing supply and affordability, as outlined in the relevant part of the Schedule to the Administrative Arrangements Order relating to the Department of the Treasury. The Act imposes specific obligations on Amanda Rishworth to ensure that she carries out her duties and exercises her powers in a manner consistent with the functions and responsibilities of Clare O’Neil. This includes acting within the scope of the powers delegated by Clare O’Neil, ensuring that all actions taken are in accordance with the relevant legislation, and maintaining the integrity and effectiveness of the Department of the Treasury’s operations during the period of Clare O’Neil’s absence. Additionally, Amanda Rishworth must ensure that any decisions made during her acting capacity are properly documented and that there is a clear record of the actions taken in Clare O’Neil’s stead. There are no explicit offences or penalties outlined within the Ministerial Powers (Acting Arrangements in the Treasury Portfolio) (No. 9) Authorisation 2024I. However, any breach of the obligations imposed by this authorisation could potentially lead to civil or criminal consequences depending on the nature of the breach and the specific laws it contravenes. If Amanda Rishworth were to act outside the scope of her authorised powers or in a manner inconsistent with the duties of Clare O’Neil, this could result in legal actions being taken against her. The consequences of such actions would depend on the specifics of the breach, including any potential penalties or sanctions under the relevant Acts or common law principles.