Treasury Portfolio Governance Amendment (2025 Measures No. 1) Instrument 2025

Overview

The Treasury Portfolio Governance Amendment (2025 Measures No. 1) Instrument 2025, enacted on 20 February 2025 by Steven Kennedy, Secretary to the Department of the Treasury, amends the Treasury Portfolio Governance (Royal Australian Mint) Instrument 2023. This legislative instrument was introduced to address certain gaps in the governance framework of the Royal Australian Mint. The instrument was made under the authority of the Freedom of Information Act 1982 and commenced on the day after its registration. The policy objective behind this amendment is to refine the governance structure by specifically defining the scope of powers and functions exercised within the Royal Australian Mint, ensuring they are limited to current and former employees of the Mint. The changes include the repeal and substitution of specific paragraphs to explicitly state the General Counsel’s role and to restrict powers and functions to those applicable to employees or former employees of the RAM.

Scope and Application

The Treasury Portfolio Governance Amendment (2025 Measures No. 1) Instrument 2025 applies to the Royal Australian Mint and modifies certain provisions within the Treasury Portfolio Governance (Royal Australian Mint) Instrument 2023. The instrument is designed to alter the scope of governance and administrative functions within the Royal Australian Mint. Specifically, it revises the roles and responsibilities of the General Counsel and restricts the exercise of certain powers and functions to employees and former employees of the Royal Australian Mint. This legislative amendment aims to ensure that administrative actions are confined to those directly associated with the Mint, enhancing accountability and clarity in governance. The instrument's commencement is set for the day following its registration, and it is made under the authority of the Freedom of Information Act 1982. No specific geographic or jurisdictional exclusions are noted within the text, implying that the instrument's application is national in scope, subject to any further regulations or amendments that may be introduced through subordinate instruments.

Key Provisions

The Treasury Portfolio Governance Amendment (2025 Measures No. 1) Instrument 2025 introduces several changes to the existing governance framework of the Royal Australian Mint (RAM). Specifically, the instrument amends the Treasury Portfolio Governance (Royal Australian Mint) Instrument 2023. Section 1 names the instrument and section 2 outlines the commencement date, which is the day after the instrument is registered. Section 3 identifies the authority under which the instrument is made, namely the Freedom of Information Act 1982. The instrument’s amendments are detailed in Schedule 1, which includes the repeal and substitution of certain paragraphs to reflect updated governance roles and restrictions. The operative sections of this instrument primarily focus on redefining certain roles and limitations within the governance structure of the RAM. Section 6A(1)(b) and 6A(3)(b) now explicitly include the General Counsel within the scope of certain governance provisions, replacing previous unspecified roles. Additionally, section 11(2)(a) and 13(2)(a) introduce a new stipulation that any power or function must only be exercised with respect to current employees of the RAM or former employees who were previously covered by the same provisions. These changes ensure that governance actions are tightly scoped to the RAM's personnel, reinforcing the instrument’s intent to streamline and clarify governance within the organisation. The instrument imposes several obligations on the parties it governs. Firstly, it mandates that the General Counsel be included in certain governance roles, ensuring that legal oversight is formally integrated into the decision-making processes. Secondly, it restricts the exercise of powers and functions to those related to current and former employees of the RAM. This restriction is intended to maintain a clear focus on the RAM’s internal affairs, avoiding any potential conflicts or overreach in governance responsibilities. These obligations aim to provide clarity and precision in governance, ensuring that decisions are made with the appropriate authority and within the intended scope. In terms of consequences for non-compliance, the instrument itself does not explicitly state penalties or offences. However, any breach of the provisions outlined within the Treasury Portfolio Governance (Royal Australian Mint) Instrument 2023 could lead to administrative or legal consequences under the broader legislative framework governing the RAM. Given the nature of the amendments, failure to adhere to the new governance roles and restrictions could result in actions being deemed invalid or subject to review. This might lead to further scrutiny or corrective actions being taken against individuals or entities involved in the breach, although specific penalties would depend on the broader legal context and any related legislation.