COSTING OF ELECTION COMMITMENTS BILL 2002

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Costing of Election Commitments Act 2002.

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act or in other legislation.

For example, the signpost definition ‘ordinary election—see the Electoral Act 1992, dictionary’. means that the expression ‘ordinary election’ is defined in that dictionary and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

There is to be an independent assessor for each ordinary election.

The function of the independent assessor for an ordinary election is to cost policies for the election in accordance with this Act.

(1) For each ordinary election, the Treasurer must, in writing, appoint a person or other entity as the independent assessor for the election.

Note For the making of appointments, see Legislation Act, pt 19.3.

(2) In making the appointment, the Treasurer must be satisfied—

(a) for an individual—that the individual has relevant professional qualifications and experience; and

(b) for a corporation or other body—that the people who will be costing the policies have relevant professional qualifications and experience.

(3) The Legislation Act 2001, section 209 (Power of appointment includes power to make acting appointment) and division 19.3.3 (Appointments—Assembly consultation) do not apply to the appointment.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

(5) The appointment must be presented to the Legislative Assembly more than 6 months before the polling day for the election.

(a) the independent assessor for an ordinary election has been appointed in accordance with section 7; and

(b) during any period, the independent assessor cannot, for any reason, exercise the function of the position; and

(2) The Treasurer may, in writing, appoint a person or other entity to act as the independent assessor for the election.

Note See Legislation Act, div 19.3.2 (Acting appointments).

(3) In making the appointment, the Treasurer must be satisfied—

(a) for an individual—that the individual has relevant professional qualifications and experience; and

(b) for a corporation or other body—that the people who will be costing the policies have relevant professional qualifications and experience.

(4) The Legislation Act 2001, division 19.3.3 (Appointments—Assembly consultation) does not apply to the appointment.

Note A notifiable instrument must be notified under the Legislation Act.

The appointment of the independent assessor for an ordinary election automatically ends on the day after the polling day for the election.

Note 1 The power to make an appointment includes the power to suspend or end the appointment (see Legislation Act, s 208).

Note 2 A person’s appointment also ends if the person resigns (see Legislation Act, s 210).

(1) The Treasurer may, in writing, approve guidelines about the approaches or methods that the independent assessor for an ordinary election must use to cost the election policies.

Note The power to approve guidelines includes the power to amend or repeal them (see Legislation Act, s 46 (1)).

(2) An approved guideline is a disallowable instrument.

Note 1 A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Note 2 An amendment or repeal of an approved guideline is also a disallowable instrument (see Legislation Act, s 46 (2)).

(3) An approved guideline may apply, adopt or incorporate an instrument, or a provision of an instrument, as in force from time to time.

Note The Legislation Act, s 47 (3) provides that a statutory instrument may apply an instrument or provision of an instrument as in force only at a particular time.

(1) The independent assessor for an ordinary election is entitled to be paid, for the exercise of the assessor’s function, the amount (if any) agreed between the Treasurer and the assessor.

(2) The agreement must be made before the independent assessor’s appointment.

eligible party—a registered party is an eligible party for an ordinary election if a member of the party was elected as a member of the Legislative Assembly at the previous ordinary election.

An eligible party may have its policies for an ordinary election costed in accordance with this part.

(1) For an ordinary election, the registered officer of an eligible party may ask the independent assessor to prepare a costing of its publicly announced policies (a policy costing request) for the election.

(3) The request must be given to the independent assessor during the period beginning on the 60th day before the polling day for the election and ending on the 30th day before that day.

(4) The independent assessor may ask the registered officer of the party for more information about the policies to be costed.

(5) The registered officer of the party may, by written notice to the independent assessor, withdraw the request at any time before the costing of the party’s policies has been made public.

registered officer—see the Electoral Act 1992, dictionary.

(1) As soon as practicable after a policy costing request for an ordinary election has been made by an eligible party, but at least 10 days before the polling day for the election, the independent assessor must make public the costing of the party’s policies.

(2) Subsection (1) does not apply to a request that has been withdrawn before the costing of the party’s policies has been made public.

(3) If the independent assessor does not comply with subsection (1), the assessor must make public, on or before the 10th day before the polling day for the election, a statement giving the reasons for the failure to make the costing public.

(4) The independent assessor must not take any further action in relation to a policy costing request for an ordinary election on or after the 9th day before the polling day for the election.

16 Government bodies to give information or assistance

(1) This section applies if the independent assessor for an ordinary election is given a policy costing request by an eligible party.

(2) The independent assessor may ask, in writing, a government body to give information or assistance to the assessor to help the assessor prepare the costing of the party’s policies.

(3) The government body must, as far as practicable, comply with a request—

(a) for information—in enough time to allow the information to be taken into account in preparing the costing; or

(b) for assistance—in enough time to allow the independent assessor to do the costing in time.

(4) The government body must not give information or assistance to the independent assessor if doing so would contravene a law in force in the ACT.

Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:

independent assessor, for an ordinary election, means the person or other entity appointed as the independent assessor for the election under section 7.

ordinary election—see the Electoral Act 1992, dictionary.

polling day—see the Electoral Act 1992, dictionary.

registered party—see the Electoral Act 1992, dictionary.

Australian Capital Territory Bills

COSTING OF ELECTION COMMITMENTS BILL 2002