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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Parliamentary Budget Officer Bill 2018
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Objects of Act 2
4. Terms used 2
5. Public release of documents and information 5
Part 2 -- Policy costings and other
functions of Parliamentary
Budget Officer
Division 1 -- Election policy costings,
pre-election and post-election reports
6. Parliamentary leader may request election policy
costing 6
7. Parliamentary Budget Officer must prepare
election policy costing 7
8. Content of election policy costing 7
9. When election policy costing will be stopped or
refused 8
10. Public release of election policy costing or
statement of insufficiency 10
11. Pre-election reports on costed policies 10
12. Content of pre-election report 11
13. Public release of pre-election report or statement of
insufficiency 13
14. Post-election reports 13
15. Content of post-election report 14
16. Nominee may act for parliamentary leader 15
17. Functions under this Division to be prioritised
above other functions 16
106--1 page i
Parliamentary Budget Officer Bill 2018
Contents
Division 2 -- Other policy costings
18. Requests by members of Parliament for policy
costings 17
19. Parliamentary Budget Officer to prepare policy
costings 18
20. Content of costing prepared under section 19 19
21. Public release of costing or statement of
insufficiency 21
Division 3 -- Advisory functions of
Parliamentary Budget Officer
22. Advisory services to members of Parliament 21
23. Public release of specified information 22
Division 4 -- Correction of errors and
misrepresentations
24. Correction of material errors in policy costing or
pre-election report 23
25. Correction of material errors in post-election report 23
26. Correction of material errors in specified
information 24
27. Correction of misrepresentations 24
Part 3 -- Parliamentary Budget
Officer
Division 1 -- Appointment and functions
28. Appointment of Parliamentary Budget Officer 26
29. Functions of Parliamentary Budget Officer 26
30. Status and independence of Parliamentary Budget
Officer 27
31. Term of office 28
32. Remuneration 28
33. Other employment 29
34. Vacancy and resignation 30
35. Suspension and removal from office 30
36. Acting Parliamentary Budget Officer 31
37. Conflicts of interest 32
38. Rights preserved 32
Division 2 -- Staffing and administration
39. Staff 33
40. Use of government staff and facilities 33
page ii
Parliamentary Budget Officer Bill 2018
Contents
41. Consultants 34
42. Confidentiality -- general 34
43. Confidentiality -- courts, tribunals and other
authorities 35
44. Protection from liability 36
Division 3 -- Operations
45. Operational plan 36
46. Transmission of operational plan to Parliament 37
47. PBO protocols 38
48. Arrangements for obtaining information and
documents from agencies 39
49. Request for information or documents from agency 40
Division 4 -- Reporting requirements
50. Report of PBO operations during election costing
periods 41
51. Annual report 44
Division 5 -- Transfer and inspection of records
52. Terms used 44
53. Division applies despite State Records Act 2000 45
54. Transferred records not available for public
inspection for 30 years 45
55. Inspection of transferred records by Parliamentary
Budget Officer 45
56. Inspection of transferred costing records by
members of Parliament 46
57. Inspection of transferred advisory records by
members of Parliament 47
Part 4 -- Parliamentary Budget
Office
58. Establishment 48
59. Purpose 48
Part 5 -- General
60. Parliamentary Budget Officer not to question merit
of policies 49
61. Functions of Estimates and Financial Operations
Committee 49
page iii
Parliamentary Budget Officer Bill 2018
Contents
62. Confidentiality requirements for preliminary
documents 50
63. Exemption from Freedom of Information Act 1992 50
Part 6 -- Amendments to other Acts
Division 1 -- Constitution Acts Amendment
Act 1899 amended
64. Act amended 52
65. Schedule V amended 52
Division 2 -- Corruption, Crime and Misconduct
Act 2003 amended
66. Act amended 52
67. Section 3 amended 52
Division 3 -- Financial Management Act 2006
amended
68. Act amended 53
69. Section 5 amended 53
Division 4 -- Freedom of Information Act 1992
amended
70. Act amended 53
71. Schedule 2 amended 53
Division 5 -- Parliamentary and Electorate Staff
(Employment) Act 1992 amended
72. Act amended 54
73. Section 3 amended 54
74. Section 4A inserted 54
4A. Employer of Parliamentary Budget Officer
and Parliamentary Budget Office staff 54
75. Section 6 amended 55
76. Section 7 amended 55
Division 6 -- Parliamentary Commissioner
Act 1971 amended
77. Act amended 56
78. Schedule 1 amended 56
Defined terms
page iv
Western Australia
LEGISLATIVE ASSEMBLY
(Introduced by Hon. Dr Michael Nahan, MLA)
Parliamentary Budget Officer Bill 2018
A Bill for
An Act to --
provide for policy costing and advisory services for members
of Parliament; and
provide for the appointment and functions of a Parliamentary
Budget Officer; and
establish a Parliamentary Budget Office; and
provide for related matters; and
make consequential amendments to other Acts.
The Parliament of Western Australia enacts as follows:
page 1
Parliamentary Budget Officer Bill 2018
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Parliamentary Budget Officer Act 2018.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation,
9 and different days may be fixed for different provisions.
10 3. Objects of Act
11 The objects of this Act are --
12 (a) for members of Parliament to be provided with ongoing,
13 authoritative, independent and credible policy costings
14 and advisory services; and
15 (b) for those policy costings and advisory services to be
16 delivered in a timely, relevant and readily
17 understandable manner; and
18 (c) to inform policy development and public debate in
19 Parliament and the Western Australian community.
20 4. Terms used
21 (1) In this Act, unless the contrary intention appears --
22 agency has the meaning given in the Public Sector Management
23 Act 1994 section 3(1);
24 annual appropriation Bill means a Bill which deals only with
25 the annual appropriation of the Consolidated Account for the
26 ordinary annual services of the Government for a particular year
27 only but does not include a Bill to appropriate money for
28 appropriations for or relating to Parliament;
page 2
Parliamentary Budget Officer Bill 2018
Preliminary Part 1
s. 4
1 business day means a day that is not --
2 (a) a Saturday or Sunday; or
3 (b) a public holiday in the metropolitan region (as defined
4 in the Planning and Development Act 2005);
5 election costing period means --
6 (a) the period beginning on the moving of the second
7 reading of the annual appropriation Bill in a year
8 immediately preceding an election year and ending at
9 5 p.m. on the Thursday immediately preceding the date
10 of the general election in the election year; or
11 (b) if, before the moving of the second reading of the annual
12 appropriation Bill in a year preceding an election year,
13 the Legislative Assembly is dissolved, the period
14 beginning on that dissolution and ending at 5 p.m. on the
15 Thursday immediately preceding the resulting general
16 election;
17 election policy costing means a costing prepared by the
18 Parliamentary Budget Officer under section 7;
19 election policy costing request means a request submitted under
20 section 6 to the Parliamentary Budget Officer for the
21 preparation of an election policy costing;
22 election year has the meaning given in the Electoral Act 1907
23 section 4(1);
24 Estimates and Financial Operations Committee has the
25 meaning given in the Auditor General Act 2006 section 4(1);
26 general election means a general election for the Legislative
27 Assembly, as defined in paragraph (a) of the definition of
28 general election in the Electoral Act 1907 section 4(1);
29 ordinary annual services includes --
30 (a) the construction or acquisition of public works, land or
31 buildings; and
page 3
Parliamentary Budget Officer Bill 2018
Part 1 Preliminary
s. 4
1 (b) the construction or acquisition of plant or equipment
2 which normally would be regarded as involving an
3 expenditure of capital; and
4 (c) services proposed to be provided by the Government
5 which have not formerly been provided by the
6 Government;
7 Parliamentary Budget Office means the Parliamentary Budget
8 Office established by section 58;
9 Parliamentary Budget Officer means the person appointed
10 under section 28(1);
11 parliamentary leader means any of the following --
12 (a) the Premier;
13 (b) the Leader of the Opposition in the Legislative
14 Assembly;
15 (c) a member of Parliament who is the recognised
16 parliamentary leader of a registered political party (other
17 than a party led by the Premier or by the Leader of the
18 Opposition in the Legislative Assembly);
19 (d) a member of Parliament who --
20 (i) is not a member of a registered political party
21 that has a recognised parliamentary leader; and
22 (ii) has not publicly stated an intention not to contest
23 the next general election in relation to the
24 Legislative Council and the Legislative
25 Assembly;
26 PBO officer means --
27 (a) the Parliamentary Budget Officer; or
28 (b) a member of staff referred to in section 39; or
29 (c) an officer or employee whose services are used under
30 section 40; or
31 (d) a consultant referred to in section 41;
32 PBO protocols means protocols prepared under section 47;
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Parliamentary Budget Officer Bill 2018
Preliminary Part 1
s. 5
1 policy costing means --
2 (a) an election policy costing; or
3 (b) a policy costing prepared under section 19;
4 post-election report means a report prepared under section 14;
5 pre-election report means a report prepared under section 11;
6 protected information means information acquired by reason
7 of, or in the course of, the performance of duties or exercise of
8 powers under this Act;
9 registered political party has the meaning given in the Electoral
10 Act 1907 section 62C.
11 (2) If this Act refers to something as material, its materiality is to be
12 determined in accordance with the Parliamentary Budget
13 Officer's best professional judgment.
14 (3) A reference in this Act to a member of Parliament includes,
15 during the period that the Legislative Assembly has expired or
16 is dissolved, a reference to a person who was a member of
17 Parliament immediately before that expiry or dissolution.
18 5. Public release of documents and information
19 For the purposes of this Act, the Parliamentary Budget Officer
20 publicly releases a document or other information by publishing
21 it --
22 (a) on a website maintained by the Parliamentary Budget
23 Officer; or
24 (b) in any other way the Parliamentary Budget Officer
25 considers appropriate.
page 5
Parliamentary Budget Officer Bill 2018
Part 2 Policy costings and other functions of Parliamentary Budget
Officer
Division 1 Election policy costings, pre-election and post-election reports
s. 6
1 Part 2 -- Policy costings and other functions of
2 Parliamentary Budget Officer
3 Division 1 -- Election policy costings, pre-election and
4 post-election reports
5 6. Parliamentary leader may request election policy costing
6 (1) At any time after the start of an election costing period and
7 before 5 p.m. on the Wednesday immediately preceding the date
8 of the general election, a parliamentary leader may, in
9 accordance with the PBO protocols, request the Parliamentary
10 Budget Officer to prepare a costing of a policy.
11 (2) The parliamentary leader may include in the request any
12 information that the leader thinks relevant to assist the
13 Parliamentary Budget Officer to prepare a costing of the policy.
14 (3) A parliamentary leader, by giving written notice to the
15 Parliamentary Budget Officer, may withdraw an election policy
16 costing request at any time before the Officer publicly releases
17 the election policy costing under section 10.
18 (4) After receiving a notice under subsection (3), the Parliamentary
19 Budget Officer --
20 (a) must stop preparing the election policy costing; and
21 (b) must, if the Officer requested any person (other than the
22 parliamentary leader who requested the costing) to
23 provide information or a document relevant to the
24 request, inform that person as soon as practicable that
25 the information or document is no longer required.
26 (5) Subsection (4)(b) does not apply if the information or document
27 is also relevant to another current election policy costing
28 request.
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Parliamentary Budget Officer Bill 2018
Policy costings and other functions of Parliamentary Budget Part 2
Officer
Election policy costings, pre-election and post-election reports Division 1
s. 7
1 7. Parliamentary Budget Officer must prepare election policy
2 costing
3 (1) Subject to section 9(1) and (2), after receiving an election policy
4 costing request, the Parliamentary Budget Officer must, in
5 accordance with the PBO protocols --
6 (a) prepare a costing of the policy; and
7 (b) provide the costing to the parliamentary leader who
8 requested the costing.
9 (2) In preparing an election policy costing, the Parliamentary
10 Budget Officer must --
11 (a) use the financial information and economic and other
12 assumptions contained in the Government Mid-year
13 Financial Projections Statement most recently released
14 under the Government Financial Responsibility
15 Act 2000 section 13; and
16 (b) have regard to any information provided by the
17 parliamentary leader under section 6(2) or in accordance
18 with a request under subsection (3).
19 (3) If the Parliamentary Budget Officer needs more information for
20 the purpose of preparing an election policy costing, the Officer
21 may request in writing the parliamentary leader who made the
22 election policy costing request to provide that information.
23 8. Content of election policy costing
24 An election policy costing --
25 (a) must summarise the policy to which it relates; and
26 (b) must summarise the information that --
27 (i) was provided by the parliamentary leader under
28 section 6(2) or in accordance with a request
29 under section 7(3); and
30 (ii) is materially relevant to the costing;
31 and
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Parliamentary Budget Officer Bill 2018
Part 2 Policy costings and other functions of Parliamentary Budget
Officer
Division 1 Election policy costings, pre-election and post-election reports
s. 9
1 (c) must set out the material net financial impact of the
2 policy on the financial projections included in the
3 Government Mid-year Financial Projections Statement
4 most recently released under the Government Financial
5 Responsibility Act 2000 section 13; and
6 (d) must disclose any circumstances in which the
7 Parliamentary Budget Officer has exercised a judgment
8 that would have a material impact on the costing; and
9 (e) may contain any other explanatory information the
10 Parliamentary Budget Officer considers appropriate,
11 other than any information referred to in paragraph (f);
12 and
13 (f) must not include any information --
14 (i) referred to in section 42(2); or
15 (ii) contained in a document referred to in
16 section 42(2); or
17 (iii) that is an excerpt from information or a
18 document that a chief executive officer advised,
19 under section 48(4) or 49(6), is subject to
20 Cabinet confidentiality; or
21 (iv) that states or implies that, in preparing the
22 election policy costing, the Parliamentary Budget
23 Officer used either a document that is an exempt
24 document under the Freedom of Information
25 Act 1992 because it contains matter that is
26 exempt matter under Schedule 1 clause 1 of that
27 Act or information that, if it were in the form of a
28 document, would be an exempt document under
29 the Freedom of Information Act 1992 because it
30 contains matter that is exempt matter under
31 Schedule 1 clause 1 of that Act.
32 9. When election policy costing will be stopped or refused
33 (1) If the Parliamentary Budget Officer neither has nor expects to
34 have sufficient time or information to prepare an election policy
page 8
Parliamentary Budget Officer Bill 2018
Policy costings and other functions of Parliamentary Budget Part 2
Officer
Election policy costings, pre-election and post-election reports Division 1
s. 9
1 costing before the end of the election costing period, the
2 Officer --
3 (a) must stop preparing the costing; and
4 (b) must, as soon as practicable --
5 (i) inform the parliamentary leader who requested
6 the costing that the Officer has stopped preparing
7 the costing because of insufficient time or
8 information (as the case requires); and
9 (ii) if the Officer requested any person (other than
10 the parliamentary leader who requested the
11 costing) to provide information or a document
12 relevant to the request, inform that person that
13 the information or document is no longer
14 required.
15 (2) If the policy for which the costing is requested has already been
16 costed in the Government Mid-year Financial Projections
17 Statement most recently released under the Government
18 Financial Responsibility Act 2000 section 13, the Parliamentary
19 Budget Officer --
20 (a) must not prepare the costing; and
21 (b) must, as soon as practicable --
22 (i) inform the parliamentary leader who requested
23 the costing that the policy has already been
24 costed; and
25 (ii) must, if the Officer requested any person (other
26 than the parliamentary leader who requested the
27 election policy costing) to provide information or
28 a document relevant to the request, inform that
29 person that the information or document is no
30 longer required.
31 (3) Subsections (1)(b)(ii) and (2)(b)(ii) do not apply if the
32 information or document is also relevant to another current
33 election policy costing request.
page 9
Parliamentary Budget Officer Bill 2018
Part 2 Policy costings and other functions of Parliamentary Budget
Officer
Division 1 Election policy costings, pre-election and post-election reports
s. 10
1 10. Public release of election policy costing or statement of
2 insufficiency
3 (1) A parliamentary leader who has received an election policy
4 costing from the Parliamentary Budget Officer may request the
5 Officer to publicly release the costing.
6 (2) A parliamentary leader who has been informed that the
7 Parliamentary Budget Officer has stopped preparing an election
8 policy costing because of insufficient time or information may
9 request the Officer to publicly release a statement explaining
10 that decision.
11 (3) The Parliamentary Budget Officer must comply with a request
12 under subsection (1) or (2) as soon as practicable after receiving
13 it.
14 11. Pre-election reports on costed policies
15 (1) A parliamentary leader who has requested the Parliamentary
16 Budget Officer to prepare an election policy costing for more
17 than one policy during an election costing period may, in
18 accordance with the PBO protocols, request the Officer to
19 prepare a pre-election report.
20 (2) The parliamentary leader must specify in a request under
21 subsection (1) which of the leader's policies are to be covered in
22 the pre-election report.
23 (3) Subject to subsection (6), on a request under subsection (1), the
24 Parliamentary Budget Officer must, in accordance with the PBO
25 protocols --
26 (a) prepare a pre-election report; and
27 (b) provide the pre-election report to the parliamentary
28 leader who requested the report.
page 10
Parliamentary Budget Officer Bill 2018
Policy costings and other functions of Parliamentary Budget Part 2
Officer
Election policy costings, pre-election and post-election reports Division 1
s. 12
1 (4) In preparing a pre-election report, the Parliamentary Budget
2 Officer must --
3 (a) use the financial information and economic and other
4 assumptions contained in the Government Mid-year
5 Financial Projections Statement most recently released
6 under the Government Financial Responsibility
7 Act 2000 section 13; and
8 (b) have regard to any information provided by the
9 parliamentary leader in accordance with a request under
10 subsection (5).
11 (5) If the Parliamentary Budget Officer needs more information for
12 the purpose of preparing a pre-election report, the Officer may
13 request in writing the parliamentary leader who requested the
14 report to provide that information.
15 (6) If the Parliamentary Budget Officer neither has nor expects to
16 have sufficient time or information to prepare a pre-election
17 report before the end of the election costing period, the
18 Officer --
19 (a) must stop preparing the report; and
20 (b) must, as soon as practicable, inform the parliamentary
21 leader who requested the report that the Officer has
22 stopped preparing the report because of insufficient time
23 or information (as the case requires).
24 12. Content of pre-election report
25 A pre-election report --
26 (a) must list the policies covered by the report; and
27 (b) must summarise the information that --
28 (i) was provided by the parliamentary leader in
29 accordance with a request under section 11(5);
30 and
31 (ii) is materially relevant to the pre-election report;
32 and
page 11
Parliamentary Budget Officer Bill 2018
Part 2 Policy costings and other functions of Parliamentary Budget
Officer
Division 1 Election policy costings, pre-election and post-election reports
s. 12
1 (c) must set out the impact of those policies on the financial
2 projections included in the Government Mid-year
3 Financial Projections Statement most recently released
4 under the Government Financial Responsibility
5 Act 2000 section 13 by--
6 (i) summarising the material net financial impact of
7 each policy on the financial projections; and
8 (ii) specifying the material net aggregate financial
9 impact of all the policies on the financial
10 projections;
11 and
12 (d) must disclose any existing costing that is accepted and
13 relied on pursuant to section 11(4)(b); and
14 (e) must disclose any circumstances in which the
15 Parliamentary Budget Officer has exercised a judgment
16 that would have a material impact on the pre-election
17 report; and
18 (f) may contain any other explanatory information the
19 Parliamentary Budget Officer considers appropriate,
20 other than any information referred to in paragraph (g);
21 and
22 (g) must not include any information --
23 (i) referred to in section 42(2); or
24 (ii) contained in a document referred to in
25 section 42(2); or
26 (iii) that is an excerpt from information or a
27 document that a chief executive officer advised,
28 under section 48(4) or 49(6), is subject to
29 Cabinet confidentiality; or
30 (iv) that states or implies that, in preparing the
31 pre-election report, the Parliamentary Budget
32 Officer used either a document that is an exempt
33 document under the Freedom of Information
34 Act 1992 because it contains matter that is
page 12
Parliamentary Budget Officer Bill 2018
Policy costings and other functions of Parliamentary Budget Part 2
Officer
Election policy costings, pre-election and post-election reports Division 1
s. 13
1 exempt matter under Schedule 1 clause 1 of that
2 Act or information that, if it were in the form of a
3 document, would be an exempt document under
4 the Freedom of Information Act 1992 because it
5 contains matter that is exempt matter under
6 Schedule 1 clause 1 of that Act.
7 13. Public release of pre-election report or statement of
8 insufficiency
9 (1) A parliamentary leader who has received a pre-election report
10 from the Parliamentary Budget Officer may request the Officer
11 to publicly release the report.
12 (2) A parliamentary leader who has been informed that the
13 Parliamentary Budget Officer has stopped preparing the
14 pre-election report because of insufficient time or information
15 may request the Officer to publicly release a statement
16 explaining that decision.
17 (3) Subject to subsection (4), the Parliamentary Budget Officer
18 must comply with a request under subsection (1) or (2) as soon
19 as practicable after receiving it.
20 (4) The Parliamentary Budget Officer must not publicly release a
21 pre-election report, or a statement referred to in subsection (2),
22 after the end of the election costing period to which the report or
23 statement relates.
24 14. Post-election reports
25 (1) The Parliamentary Budget Officer must, in accordance with the
26 PBO protocols, prepare a post-election report on the policies of
27 each parliamentary leader that were publicly announced before
28 the date of the general election, whether or not those policies
29 were the subject of an election policy costing request.
30 (2) In preparing a post-election report, the Parliamentary Budget
31 Officer must use the financial information and economic and
32 other assumptions contained in the Government Mid-year
page 13
Parliamentary Budget Officer Bill 2018
Part 2 Policy costings and other functions of Parliamentary Budget
Officer
Division 1 Election policy costings, pre-election and post-election reports
s. 15
1 Financial Projections Statement most recently released under
2 the Government Financial Responsibility Act 2000 section 13.
3 (3) If a post-election report would not differ materially from a
4 pre-election report publicly released under section 13, the
5 Parliamentary Budget Officer may prepare a statement to that
6 effect, stating where the pre-election report is available, instead
7 of preparing a post-election report.
8 (4) The Parliamentary Budget Officer must publicly release each
9 post-election report or each statement under subsection (3)
10 within 2 months after the date of the general election.
11 15. Content of post-election report
12 A post-election report --
13 (a) must list the policies covered by the report; and
14 (b) must set out the impact of those policies on the financial
15 projections included in the Government Mid-year
16 Financial Projections Statement most recently released
17 under the Government Financial Responsibility
18 Act 2000 section 13 by --
19 (i) summarising the material net financial impact of
20 each policy on the financial projections; and
21 (ii) specifying the material net aggregate financial
22 impact of all the policies on the financial
23 projections;
24 and
25 (c) must disclose any circumstances in which the
26 Parliamentary Budget Officer has exercised a judgment
27 that would have a material impact on the post-election
28 report; and
29 (d) may contain any other explanatory information the
30 Parliamentary Budget Officer considers appropriate,
31 other than any information referred to in paragraph (e);
32 and
page 14
Parliamentary Budget Officer Bill 2018
Policy costings and other functions of Parliamentary Budget Part 2
Officer
Election policy costings, pre-election and post-election reports Division 1
s. 16
1 (e) must not include any information --
2 (i) referred to in section 42(2); or
3 (ii) contained in a document referred to in
4 section 42(2); or
5 (iii) that is an excerpt from information or a
6 document that a chief executive officer advised,
7 under section 48(4) or 49(6), is subject to
8 Cabinet confidentiality; or
9 (iv) that states or implies that, in preparing the
10 post-election report, the Parliamentary Budget
11 Officer used either a document that is an exempt
12 document under the Freedom of Information
13 Act 1992 because it contains matter that is
14 exempt matter under Schedule 1 clause 1 of that
15 Act or information that, if it were in the form of a
16 document, would be an exempt document under
17 the Freedom of Information Act 1992 because it
18 contains matter that is exempt matter under
19 Schedule 1 clause 1 of that Act.
20 16. Nominee may act for parliamentary leader
21 (1) A parliamentary leader may nominate another person to perform
22 a function or exercise any power under this Act on the leader's
23 behalf.
24 (2) A nomination under subsection (1) must be --
25 (a) in writing; and
26 (b) given to the Parliamentary Budget Officer.
27 (3) A nomination under subsection (1) may include any of the
28 following conditions --
29 (a) a condition that the nominee may only perform a
30 specified function or exercise a specified power;
page 15
Parliamentary Budget Officer Bill 2018
Part 2 Policy costings and other functions of Parliamentary Budget
Officer
Division 1 Election policy costings, pre-election and post-election reports
s. 17
1 (b) a condition that the nominee may only perform a
2 function or exercise a power in relation to a specified
3 policy or matter.
4 (4) A parliamentary leader may make more than one nomination
5 under subsection (1).
6 17. Functions under this Division to be prioritised above other
7 functions
8 (1) During an election costing period, the Parliamentary Budget
9 Officer must prioritise the exercise of functions under this
10 Division above the exercise of functions under sections 19
11 and 22.
12 (2) For the purpose of prioritising the exercise of functions under
13 this Division during an election costing period, the
14 Parliamentary Budget Officer may decide to--
15 (a) defer the exercise of a function under section 19 or 22;
16 or
17 (b) decline to exercise a function under section 19 or 22.
18 (3) If the Parliamentary Budget Officer decides under
19 subsection (2) to defer the exercise of a function under
20 section 19 or 22, the Officer must inform the member of
21 Parliament who requested the exercise of that function as soon
22 as practicable.
23 (4) If the Parliamentary Budget Officer decides under
24 subsection (2) to decline to prepare a policy costing under
25 section 19, the Officer must, as soon as practicable --
26 (a) inform the member of Parliament who requested the
27 costing that the Officer will not prepare the costing
28 because the exercise of functions under this Division
29 must be prioritised; and
30 (b) if the Officer requested any person (other than the
31 member of Parliament who requested the election policy
32 costing) to provide information or a document relevant
page 16
Parliamentary Budget Officer Bill 2018
Policy costings and other functions of Parliamentary Budget Part 2
Officer
Other policy costings Division 2
s. 18
1 to the request, inform that person that the information or
2 document is no longer required.
3 (5) Subsection (4)(b) does not apply if the information or document
4 is also relevant to another current policy costing request.
5 (6) If the Parliamentary Budget Officer decides under
6 subsection (2) to decline to provide analysis, advice or a
7 briefing requested by a member of Parliament under section 22,
8 the Officer must, as soon as practicable, inform the member of
9 Parliament that the analysis, advice or briefing will not be
10 provided because the exercise of functions under this Division
11 must be prioritised.
12 Division 2 -- Other policy costings
13 18. Requests by members of Parliament for policy costings
14 (1) A member of Parliament may, in accordance with the PBO
15 protocols, request the Parliamentary Budget Officer to prepare a
16 costing of a policy or a proposed policy.
17 (2) The member of Parliament may include in the request any
18 information that the member thinks relevant to assist the
19 Parliamentary Budget Officer to prepare a costing of the policy.
20 (3) A member of Parliament, by giving written notice to the
21 Parliamentary Budget Officer, may withdraw a request for a
22 costing of a policy at any time before the Officer publicly
23 releases the costing.
24 (4) After receiving a notice under subsection (3), the Parliamentary
25 Budget Officer --
26 (a) must stop preparing the costing; and
27 (b) must, if the Officer requested any person (other than the
28 member of Parliament who requested the costing) to
29 provide information or a document relevant to the
30 request, inform that person as soon as practicable that
31 the information or document is no longer required.
page 17
Parliamentary Budget Officer Bill 2018
Part 2 Policy costings and other functions of Parliamentary Budget
Officer
Division 2 Other policy costings
s. 19
1 (5) Subsection (4)(b) does not apply if the information or document
2 is also relevant to another current request for a policy costing.
3 19. Parliamentary Budget Officer to prepare policy costings
4 (1) Subject to section 17 and subsections (4) and (5), after receiving
5 a request under section 18 for a costing, the Parliamentary
6 Budget Officer must, in accordance with the PBO protocols --
7 (a) prepare the costing; and
8 (b) provide the costing to the member of Parliament who
9 requested the costing.
10 (2) In preparing a costing under this section, the Parliamentary
11 Budget Officer must --
12 (a) use the financial information and economic and other
13 assumptions contained in the Government Mid-year
14 Financial Projections Statement most recently released
15 under the Government Financial Responsibility
16 Act 2000 section 13; and
17 (b) have regard to any information provided by the member
18 of Parliament under section 18(2) or in accordance with
19 a request under subsection (3).
20 (3) If the Parliamentary Budget Officer needs more information for
21 the purpose of preparing a costing under this section, the Officer
22 may request in writing the member of Parliament who made the
23 request to provide that information.
24 (4) If the Parliamentary Budget Officer neither has nor expects to
25 have sufficient information to prepare a costing under this
26 section, the Officer --
27 (a) must stop preparing the costing; and
28 (b) must, as soon as practicable --
29 (i) inform the member of Parliament who requested
30 the costing that the Officer has stopped preparing
31 the costing because of insufficient information;
32 and
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Other policy costings Division 2
s. 20
1 (ii) if the Officer requested any person (other than
2 the member of Parliament who requested the
3 costing) to provide information or a document
4 relevant to the request, inform that person that
5 the information or document is no longer
6 required.
7 (5) If the policy for which the costing is requested has already been
8 costed in the Government Mid-year Financial Projections
9 Statement most recently released under the Government
10 Financial Responsibility Act 2000 section 13, the Parliamentary
11 Budget Officer --
12 (a) must not prepare the costing; and
13 (b) must, as soon as practicable --
14 (i) inform the member of Parliament who requested
15 the costing that the policy has already been
16 costed; and
17 (ii) if the Officer requested any person (other than
18 the member of Parliament who requested the
19 costing) to provide information or a document
20 relevant to the request, inform that person that
21 the information or document is no longer
22 required.
23 (6) Subsections (4)(b) and (5)(b) do not apply if the information or
24 document is also relevant to another current request for a policy
25 costing.
26 20. Content of costing prepared under section 19
27 A costing prepared under section 19 --
28 (a) must summarise the policy to which it relates; and
29 (b) must summarise the information that --
30 (i) was provided by the member of Parliament under
31 section 18(2) or in accordance with a request
32 under section 19(3); and
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Division 2 Other policy costings
s. 20
1 (ii) is materially relevant to the costing;
2 and
3 (c) must set out the material net financial impact of the
4 policy on the financial projections included in the
5 Government Mid-year Financial Projections Statement
6 most recently released under the Government Financial
7 Responsibility Act 2000 section 13; and
8 (d) must disclose any circumstances in which the
9 Parliamentary Budget Officer has exercised a judgment
10 that would have a material impact on the costing; and
11 (e) may contain any other explanatory information the
12 Parliamentary Budget Officer considers appropriate,
13 other than any information referred to in paragraph (f);
14 and
15 (f) must not include any information --
16 (i) referred to in section 42(2); or
17 (ii) contained in a document referred to in
18 section 42(2); or
19 (iii) that is an excerpt from information or a
20 document that a chief executive officer advised,
21 under section 48(4) or 49(6), is subject to
22 Cabinet confidentiality; or
23 (iv) that states or implies that, in preparing the
24 costing, the Parliamentary Budget Officer used
25 either a document that is an exempt document
26 under the Freedom of Information Act 1992
27 because it contains matter that is exempt matter
28 under Schedule 1 clause 1 of that Act or
29 information that, if it were in the form of a
30 document, would be an exempt document under
31 the Freedom of Information Act 1992 because it
32 contains matter that is exempt matter under
33 Schedule 1 clause 1 of that Act.
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Advisory functions of Parliamentary Budget Officer Division 3
s. 21
1 21. Public release of costing or statement of insufficiency
2 (1) A member of Parliament who has received a costing prepared
3 under section 19 from the Parliamentary Budget Officer may
4 request the Officer to publicly release the costing.
5 (2) A member of Parliament who has been informed that the
6 Parliamentary Budget Officer has stopped preparing a costing
7 because of insufficient information may request the Officer to
8 publicly release a statement explaining that decision.
9 (3) The Parliamentary Budget Officer must comply with a request
10 under subsection (1) or (2) as soon as practicable after receiving
11 it.
12 Division 3 -- Advisory functions of Parliamentary Budget
13 Officer
14 22. Advisory services to members of Parliament
15 (1) Subject to section 17, at the request of a member of Parliament,
16 the Parliamentary Budget Officer must take all reasonable steps
17 to provide to the member technical analysis or advice, or a
18 briefing of a technical nature, on financial, fiscal or economic
19 matters (including in relation to the costing of proposals
20 included in the State budget).
21 (2) If the Parliamentary Budget Officer needs more information for
22 the purpose of complying with a request under subsection (1),
23 the Officer may request in writing the member of Parliament
24 who made the request to provide that information.
25 (3) If the Parliamentary Budget Officer is unable to comply with a
26 request under subsection (1), the Officer must inform the
27 member of Parliament who made the request of the reasons that
28 the request cannot be complied with.
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1 (4) In providing analysis, advice or a briefing as requested under
2 subsection (1), the Parliamentary Budget Officer must not
3 provide any information --
4 (a) referred to in section 42(2); or
5 (b) contained in a document referred to in section 42(2); or
6 (c) that is an excerpt from information or a document that a
7 chief executive officer advised, under section 48(4)
8 or 49(6), is subject to Cabinet confidentiality; or
9 (d) that states or implies that, in preparing the analysis,
10 advice or briefing, the Parliamentary Budget Officer
11 used either a document that is an exempt document
12 under the Freedom of Information Act 1992 because it
13 contains matter that is exempt matter under Schedule 1
14 clause 1 of that Act or information that, if it were in the
15 form of a document, would be an exempt document
16 under the Freedom of Information Act 1992 because it
17 contains matter that is exempt matter under Schedule 1
18 clause 1 of that Act.
19 (5) The functions of the Parliamentary Budget Officer under this
20 section do not extend to --
21 (a) providing any analysis, advice or briefing to assist a
22 committee of Parliament; or
23 (b) developing policy proposals on behalf of members of
24 Parliament.
25 23. Public release of specified information
26 (1) A member of Parliament who receives analysis, advice or a
27 briefing as requested under section 22(1) may request that the
28 Parliamentary Budget Officer publicly release specified
29 information contained in the analysis, advice or briefing.
30 (2) The Parliamentary Budget Officer must comply with a request
31 under subsection (1) as soon as practicable after receiving it.
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Correction of errors and misrepresentations Division 4
s. 24
1 Division 4 -- Correction of errors and misrepresentations
2 24. Correction of material errors in policy costing or
3 pre-election report
4 (1) If the Parliamentary Budget Officer becomes aware that there is
5 a material error in a policy costing or pre-election report, the
6 Officer must, as soon as practicable --
7 (a) notify the member of Parliament who requested the
8 costing or report of the error and its correction; and
9 (b) prepare a revised costing or report in which the error is
10 corrected; and
11 (c) provide the revised costing or report to the member of
12 Parliament.
13 (2) If the Parliamentary Budget Officer publicly released the
14 erroneous policy costing or pre-election report, the Officer must
15 publicly release the revised costing or report as soon as
16 practicable after providing the revised costing or report to the
17 member of Parliament who requested it.
18 (3) If the Parliamentary Budget Officer did not publicly release the
19 erroneous policy costing or pre-election report, section 10, 13
20 or 21 (as the case requires) applies to the revised costing or
21 report and not to the erroneous costing or report.
22 (4) Nothing in this section authorises the Parliamentary Budget
23 Officer to include in a revised costing or report anything that
24 section 8(f), 12(g) or 20(f) prohibited the Officer from including
25 in the costing or report when it was first prepared.
26 25. Correction of material errors in post-election report
27 (1) If the Parliamentary Budget Officer becomes aware that there is
28 a material error in a post-election report, the Officer must, as
29 soon as practicable--
30 (a) prepare a revised report in which the error is corrected;
31 and
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Division 4 Correction of errors and misrepresentations
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1 (b) publicly release the revised report.
2 (2) Nothing in this section authorises the Parliamentary Budget
3 Officer to include in a revised post-election report anything that
4 section 15(e) prohibited the Officer from including in the report
5 when it was first prepared.
6 26. Correction of material errors in specified information
7 (1) If the Parliamentary Budget Officer becomes aware that there is
8 a material error in information provided under section 22(1), the
9 Officer must, as soon as practicable --
10 (a) notify the member of Parliament to whom the
11 information was provided of the error and its correction;
12 and
13 (b) prepare a revision of the information in which the error
14 is corrected; and
15 (c) provide the revised information to the member of
16 Parliament; and
17 (d) if that information has been publicly released under
18 section 23, publicly release the revised information.
19 (2) Nothing in this section authorises the Parliamentary Budget
20 Officer to provide to a member of Parliament, or to publicly
21 release, anything that section 22(4) prohibited the Officer from
22 including in the information when it was first provided as
23 requested under section 22(1).
24 27. Correction of misrepresentations
25 (1) This section applies if the Parliamentary Budget Officer
26 considers --
27 (a) that any of the following things has been publicly
28 misrepresented --
29 (i) a policy costing;
30 (ii) a pre-election report;
31 (iii) a post-election report;
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1 (iv) information contained in analysis, advice or a
2 briefing provided by the Officer under section 22
3 (whether or not the information is publicly
4 released under section 23);
5 or
6 (b) that a policy costing or report prepared by someone
7 other than the Officer has been publicly misrepresented
8 as being prepared by the Officer; or
9 (c) that information that was not provided by the Officer
10 under this Act has been publicly misrepresented as being
11 provided by the Officer; or
12 (d) that the process by which the Officer has taken or not
13 taken any action the Officer is empowered to take under
14 this Act has been publicly misrepresented.
15 (2) The Parliamentary Budget Officer may publicly release a
16 statement to correct the misrepresentation.
17 (3) The Parliamentary Budget Officer must not, in a statement
18 publicly released under subsection (2), include any
19 information --
20 (a) referred to in section 42(2); or
21 (b) contained in a document referred to in section 42(2); or
22 (c) that is an excerpt from information or a document that a
23 chief executive officer advised, under section 48(4)
24 or 49(6), is subject to Cabinet confidentiality; or
25 (d) that states or implies that, in preparing the statement, the
26 Parliamentary Budget Officer used either a document
27 that is an exempt document under the Freedom of
28 Information Act 1992 because it contains matter that is
29 exempt matter under Schedule 1 clause 1 of that Act or
30 information that, if it were in the form of a document,
31 would be an exempt document under the Freedom of
32 Information Act 1992 because it contains matter that is
33 exempt matter under Schedule 1 clause 1 of that Act.
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Division 1 Appointment and functions
s. 28
1 Part 3 -- Parliamentary Budget Officer
2 Division 1 -- Appointment and functions
3 28. Appointment of Parliamentary Budget Officer
4 (1) There is to be a Parliamentary Budget Officer for Western
5 Australia appointed by the Governor on the nomination of the
6 Minister.
7 (2) The Minister must not nominate a particular person as
8 Parliamentary Budget Officer unless the Estimates and
9 Financial Operations Committee has given the Minister a
10 recommendation that the person be appointed as Parliamentary
11 Budget Officer.
12 (3) A recommendation under subsection (2) --
13 (a) must be in writing; and
14 (b) may specify the terms and conditions that the Estimates
15 and Financial Operations Committee recommends
16 should apply to the appointment to which the
17 recommendation relates.
18 (4) The Parliamentary Budget Officer holds office, subject to this
19 Division, on the terms and conditions determined by the
20 Governor.
21 (5) A person is not eligible to be appointed or reappointed as the
22 Parliamentary Budget Officer if the person previously held that
23 office for more than 5 years.
24 29. Functions of Parliamentary Budget Officer
25 (1) The functions of the Parliamentary Budget Officer are --
26 (a) to prepare election policy costings, pre-election reports
27 and post-election reports under Part 2 Division 1; and
28 (b) to prepare costings of other policies under Part 2
29 Division 2; and
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s. 30
1 (c) to provide other services to members of Parliament
2 under Part 2 Division 3; and
3 (d) the functions conferred under the Parliamentary and
4 Electorate Staff (Employment) Act 1992; and
5 (e) any other functions conferred under this Act.
6 (2) In performing the functions specified in subsection (1), the
7 Parliamentary Budget Officer must have regard to the objects of
8 this Act.
9 30. Status and independence of Parliamentary Budget Officer
10 (1) The Parliamentary Budget Officer is an independent officer of
11 Parliament.
12 (2) The functions of the Parliamentary Budget Officer are as
13 specified in this Act and other written laws.
14 (3) There are no implied functions arising from the Parliamentary
15 Budget Officer being an independent officer of Parliament.
16 (4) The powers of Parliament to act in relation to the Parliamentary
17 Budget Officer are as specified in or applying under this Act
18 and other written laws.
19 (5) There are no implied powers of Parliament arising from the
20 Parliamentary Budget Officer being an independent officer of
21 Parliament.
22 (6) In subsection (5) --
23 Parliament includes --
24 (a) each House of Parliament; and
25 (b) the members of each House of Parliament; and
26 (c) the committees of each House of Parliament and joint
27 committees of both Houses of Parliament.
28 (7) Subject to this Act and other written laws, the Parliamentary
29 Budget Officer has complete discretion in the performance of
30 the functions of office.
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Division 1 Appointment and functions
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1 (8) In particular, the Parliamentary Budget Officer is not subject to
2 the direction or control of the Minister in respect of the
3 performance of the functions of office.
4 31. Term of office
5 (1) The Parliamentary Budget Officer holds office for the period
6 determined by the Governor and specified in the instrument of
7 appointment.
8 (2) Subject to subsection (3), the period specified under
9 subsection (1) must be --
10 (a) no less than 4 years; and
11 (b) no more than 8 years.
12 (3) If the person previously held office as the Parliamentary Budget
13 Officer, the period specified under subsection (1) must not be a
14 period which, when added to the periods for which the person
15 has previously held office, results in a total of more than
16 9 years.
17 (4) If the last day of the period specified under subsection (1) falls
18 within an election costing period, the period specified under
19 subsection (1) is taken to be extended to the earlier of --
20 (a) the first anniversary of that day; or
21 (b) the date that the appointment of another person as
22 Parliamentary Budget Officer takes effect.
23 (5) Subject to section 28(5), the Parliamentary Budget Officer is
24 eligible for reappointment.
25 32. Remuneration
26 (1) In this section --
27 remuneration has the meaning given in the Salaries and
28 Allowances Act 1975 section 4(1).
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1 (2) The Parliamentary Budget Officer is entitled to the
2 remuneration determined by the Salaries and Allowances
3 Tribunal under the Salaries and Allowances Act 1975.
4 (3) For the purposes of the Salaries and Allowances Act 1975 and
5 any other written law, the office of Parliamentary Budget
6 Officer is taken to be prescribed under section 6(1)(e) of that
7 Act for the purposes of section 6 of that Act.
8 (4) The rate of remuneration of the Parliamentary Budget Officer
9 must not be reduced during the term of office of the
10 Parliamentary Budget Officer without the Parliamentary Budget
11 Officer's consent.
12 (5) The Parliamentary Budget Officer is entitled to the conditions of
13 service (other than remuneration) specified in the instrument of
14 appointment.
15 33. Other employment
16 (1) Except as provided in this section, the Parliamentary Budget
17 Officer must not --
18 (a) engage in any paid employment outside the duties of
19 office, whether directly or indirectly; or
20 (b) hold any other position or office.
21 (2) The Parliamentary Budget Officer may engage in outside
22 employment or hold another position or office with the prior
23 consent of the Estimates and Financial Operations Committee.
24 (3) The Estimates and Financial Operations Committee may
25 consent under subsection (2) only if satisfied that --
26 (a) the responsibilities of the outside employment, position
27 or office will not prevent or restrict the Parliamentary
28 Budget Officer from carrying out the duties of the
29 office; and
30 (b) engaging in that employment, or holding that position or
31 office, will not give rise to any conflict of interest.
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Division 1 Appointment and functions
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1 34. Vacancy and resignation
2 The Parliamentary Budget Officer ceases to hold office if the
3 Officer --
4 (a) resigns by writing delivered to the Governor; or
5 (b) becomes an insolvent under administration within the
6 meaning of the Corporations Act 2001 (Commonwealth)
7 section 9; or
8 (c) is convicted of an indictable offence or an offence that,
9 if committed in Western Australia, would be an
10 indictable offence; or
11 (d) nominates for election for the Parliament of the
12 Commonwealth or of a State (including Western
13 Australia) or a Territory; or
14 (e) becomes a represented person within the meaning of the
15 Guardianship and Administration Act 1990; or
16 (f) is removed from office under section 35.
17 35. Suspension and removal from office
18 (1) The Governor may suspend the Parliamentary Budget Officer
19 from office on the advice of the Minister.
20 (2) The Minister must not advise the Governor to suspend the
21 Parliamentary Budget Officer from office unless the Estimates
22 and Financial Operations Committee has given the Minister its
23 recommendation in writing that the Officer be suspended on one
24 of the following grounds --
25 (a) misconduct;
26 (b) neglect of duty;
27 (c) inability to perform the duties of office;
28 (d) any other ground on which the Estimates and Financial
29 Operations Committee has determined that the Officer is
30 unfit to hold office.
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s. 36
1 (3) If the Parliamentary Budget Officer is suspended from office,
2 the chairperson of the Estimates and Financial Operations
3 Committee must cause a full statement of the grounds of
4 suspension to be laid before each House of Parliament on or
5 before the 3rd sitting day of that House after the suspension.
6 (4) The Governor must remove the Parliamentary Budget Officer
7 from office if each House, on or before the 7th sitting day of that
8 House after the statement is laid before it, declares by resolution
9 that the Parliamentary Budget Officer ought to be removed from
10 office.
11 (5) The Governor must revoke the suspension and restore the
12 Parliamentary Budget Officer to office unless each House
13 makes a declaration of the kind specified in subsection (4)
14 within the time specified in that subsection.
15 (6) The Parliamentary Budget Officer can only be removed from
16 office in accordance with this section.
17 36. Acting Parliamentary Budget Officer
18 (1) As soon as practicable after being appointed, the Parliamentary
19 Budget Officer must nominate to the Estimates and Financial
20 Operations Committee another PBO officer to act as
21 Parliamentary Budget Officer during any period when the
22 Officer is absent from duty or suspended or for any other reason
23 is unable to perform the duties of office.
24 (2) If there is a vacancy in the office of Parliamentary Budget
25 Officer, the Governor may appoint a PBO officer to act as
26 Parliamentary Budget Officer until a new Parliamentary Budget
27 Officer is appointed under section 28.
28 (3) An acting appointment under subsection (2) may be made for a
29 maximum period of 6 months except that, if the period of
30 6 months would end during an election costing period, the
31 maximum period is extended to the expiration of 3 months after
32 the date of the general election.
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1 (4) While a person nominated or appointed under this section acts
2 as Parliamentary Budget Officer --
3 (a) the person has all the functions of the Parliamentary
4 Budget Officer; and
5 (b) section 30 applies to the person.
6 37. Conflicts of interest
7 (1) If the Parliamentary Budget Officer has a personal interest
8 (whether pecuniary or otherwise) in a matter that appears to
9 raise a conflict of interest with the proper performance of the
10 duties of the office, the Officer, as soon as practicable after
11 becoming aware of the relevant facts, must declare the nature of
12 the interest to the chairperson of the Estimates and Financial
13 Operations Committee.
14 (2) If the chairperson of the Estimates and Financial Operations
15 Committee becomes aware (other than because of a declaration
16 under subsection (1)) that the Parliamentary Budget Officer has
17 a personal interest (whether pecuniary or otherwise) in a matter
18 that appears to raise a conflict of interest with the proper
19 performance of the duties of the office, the chairperson must
20 notify the Officer.
21 (3) The Estimates and Financial Operations Committee, in
22 consultation with the Parliamentary Budget Officer, must
23 determine how a matter referred to in subsection (1) or (2) is to
24 be dealt with so as to avoid a conflict of interest.
25 38. Rights preserved
26 (1) If a person who is a public service officer is appointed as the
27 Parliamentary Budget Officer, the person is entitled to retain
28 accruing and existing rights as if service as the Parliamentary
29 Budget Officer were a continuation of service as a public
30 service officer.
31 (2) If a person ceases to be the Parliamentary Budget Officer and
32 becomes a public service officer, the service as Parliamentary
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Staffing and administration Division 2
s. 39
1 Budget Officer is to be regarded as service in the Public Service
2 for the purposes of determining the person's rights as a public
3 service officer.
4 (3) Subsection (4) applies to a person if --
5 (a) the person was a public service officer immediately
6 before the person's first appointment as Parliamentary
7 Budget Officer; and
8 (b) since that first appointment the person has continually
9 held appointment as Parliamentary Budget Officer; and
10 (c) the person ceases to be Parliamentary Budget Officer --
11 (i) on the expiry of the person's term of office; or
12 (ii) by resigning under section 34(a).
13 (4) If a person to whom this section applies is eligible to occupy an
14 office in the Public Service, the person is entitled to be
15 re-appointed to an office not lower in classification and salary
16 than the office the person occupied immediately before
17 appointment as Parliamentary Budget Officer.
18 Division 2 -- Staffing and administration
19 39. Staff
20 Any staff that are necessary for the purposes of this Act may be
21 employed under the Parliamentary and Electorate Staff
22 (Employment) Act 1992 section 3(4).
23 40. Use of government staff and facilities
24 (1) The Parliamentary Budget Officer may, by arrangement, use
25 (either full-time or part-time) the services of any officer or
26 employee employed in the Public Service or a State agency or
27 employed otherwise in the service of the State.
28 (2) The Parliamentary Budget Officer may, by arrangement, use
29 any facilities of a department of the Public Service or a State
30 agency or instrumentality.
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1 (3) An arrangement under subsection (1) or (2) must be made on
2 terms agreed to by the parties.
3 41. Consultants
4 (1) The Parliamentary Budget Officer may engage persons with
5 suitable qualifications and experience as consultants.
6 (2) An engagement under subsection (1) may be on any terms and
7 conditions the Parliamentary Budget Officer considers
8 appropriate.
9 42. Confidentiality -- general
10 (1) A person who is, or was, a PBO officer must not, directly or
11 indirectly, provide or disclose any protected information
12 except --
13 (a) for the performance of the functions or exercise of the
14 powers of the person or the Parliamentary Budget
15 Officer under this Act; or
16 (b) as is otherwise authorised or required under this Act.
17 Penalty for this subsection: a fine of $20 000.
18 (2) A person who is, or was, a PBO officer must not provide or
19 disclose any information or document given to the
20 Parliamentary Budget Officer by a chief executive officer if the
21 chief executive officer who gave the information or document
22 requested under section 49(5) that it be kept confidential.
23 Penalty for this subsection: a fine of $20 000.
24 (3) Subsections (1) and (2) do not apply in relation to the provision
25 or disclosure of information or a document --
26 (a) to or in a court or tribunal; or
27 (b) to an authority or person who has the power to require
28 the production of documents or the answering of
29 questions.
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s. 43
1 (4) In making a request to any person (other than the parliamentary
2 leader or member of Parliament concerned) for information for
3 the purposes of preparing a costing or report, a PBO officer
4 must, as far as practicable, not disclose any information that is
5 not in the public domain regarding --
6 (a) the policy that is the subject of the costing or report; or
7 (b) the identity of the parliamentary leader or member of
8 Parliament who requested the costing or report.
9 (5) In making a request to any person (other than the member of
10 Parliament concerned) for information for the purposes of
11 preparing analysis, advice or a briefing that is to be provided
12 under section 22, a PBO officer must, as far as practicable, not
13 disclose any information that is not in the public domain
14 regarding --
15 (a) the matter that is the subject of the analysis, advice or
16 briefing; or
17 (b) the identity of the member of Parliament who requested
18 the analysis, advice or briefing.
19 43. Confidentiality -- courts, tribunals and other authorities
20 (1) In this section --
21 court does not include the Supreme Court;
22 relevant authority means an authority or person who has the
23 power to require the production of documents or the answering
24 of questions.
25 (2) A person who is, or was, a PBO officer must not provide or
26 disclose any protected information to or in a court or a tribunal,
27 or to a relevant authority, except--
28 (a) for the performance of the functions or exercise of the
29 powers of the person or the Parliamentary Budget
30 Officer under this Act; or
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Part 3 Parliamentary Budget Officer
Division 3 Operations
s. 44
1 (b) as is otherwise authorised or required by or under this
2 Act.
3 Penalty for this subsection: a fine of $20 000.
4 (3) A person who is, or was, a PBO officer must not provide or
5 disclose to or in a court or a tribunal, or to a relevant authority,
6 any information or document given to the Parliamentary Budget
7 Officer by a chief executive officer if the chief executive officer
8 who gave the information or document requested under
9 section 49(5) that it be kept confidential.
10 Penalty for this subsection: a fine of $20 000.
11 44. Protection from liability
12 (1) A PBO officer is not personally liable for anything done in good
13 faith in the performance or purported performance of a function
14 or exercise of a power under this Act.
15 (2) Despite subsection (1), the State is not relieved of any liability
16 that it might otherwise have had for a person having done
17 anything described in that subsection.
18 (3) The protection given by subsection (1) applies even though the
19 thing done as described in that subsection may have been
20 capable of being done whether or not this Act had been enacted.
21 (4) In this section a reference to the doing of anything includes a
22 reference to the omission to do anything.
23 Division 3 -- Operations
24 45. Operational plan
25 (1) The Parliamentary Budget Officer, in consultation with the
26 Estimates and Financial Operations Committee, must prepare an
27 operational plan for each financial year.
28 (2) The operational plan for a financial year must set out --
29 (a) the priorities of the Parliamentary Budget Officer for the
30 financial year; and
page 36
Parliamentary Budget Officer Bill 2018
Parliamentary Budget Officer Part 3
Operations Division 3
s. 46
1 (b) an outline of the PBO protocols prepared or to be
2 prepared under section 47.
3 (3) The operational plan may include any other matters the
4 Parliamentary Budget Officer, in consultation with the
5 Estimates and Financial Operations Committee, considers
6 appropriate.
7 (4) The Parliamentary Budget Officer must prepare the operational
8 plan for a financial year --
9 (a) before the commencement of that financial year; or
10 (b) if the period for preparing the operational plan is
11 extended under subsection (5), within 3 months of the
12 date that the appointment of the Officer takes effect.
13 (5) The period for preparing the operational plan for a financial
14 year is extended if --
15 (a) the appointment (not being a reappointment) of the
16 Parliamentary Budget Officer takes effect within
17 3 months before the start of the financial year; and
18 (b) no operational plan for the financial year was prepared
19 by the previous Parliamentary Budget Officer.
20 46. Transmission of operational plan to Parliament
21 (1) The Parliamentary Budget Officer must cause the operational
22 plan for a financial year to be transmitted to each House of
23 Parliament as soon as practicable after it has been prepared.
24 (2) The clerk of each House of Parliament must cause the
25 operational plan to be laid before the House on the day on
26 which it is received or, if the House is not sitting, on the next
27 sitting day of the House.
page 37
Parliamentary Budget Officer Bill 2018
Part 3 Parliamentary Budget Officer
Division 3 Operations
s. 47
1 (3) If the Parliamentary Budget Officer proposes to transmit the
2 operational plan to Parliament on a day on which neither House
3 of Parliament is actually sitting, the Officer must --
4 (a) give 1 business day's notice of intention to do so to the
5 clerk of each House; and
6 (b) give the operational plan to the clerk of each House on
7 the day indicated in the notice; and
8 (c) publicly release the operational plan as soon as
9 practicable after giving it to the clerks.
10 (4) The clerk of each House must --
11 (a) notify each member of the House of the receipt of a
12 notice under subsection (3)(a) on the same day that the
13 clerk receives the notice; and
14 (b) give a copy of the operational plan to each member of
15 the House as soon as practicable after the plan is
16 received under subsection (3)(b); and
17 (c) cause the operational plan to be laid before the House on
18 the next sitting day of the House.
19 47. PBO protocols
20 (1) The Parliamentary Budget Officer must prepare protocols for
21 requests for policy costings, reports and advisory services.
22 (2) The PBO protocols must set out --
23 (a) timelines for the submission of requests for policy
24 costings, reports or advisory services; and
25 (b) procedures for consultation between the Parliamentary
26 Budget Officer and parliamentary leaders or other
27 members of Parliament; and
28 (c) an outline of how the Parliamentary Budget Officer will,
29 consistently with section 17, determine the priority of
30 requests for policy costings, reports or advisory services
31 and the equitable allocation of resources to deal with
32 requests; and
page 38
Parliamentary Budget Officer Bill 2018
Parliamentary Budget Officer Part 3
Operations Division 3
s. 48
1 (d) the form and content of, and information to be provided
2 in connection with --
3 (i) requests for policy costings, reports or advisory
4 services; and
5 (ii) policy costings; and
6 (iii) pre-election reports.
7 (3) The PBO protocols may include any other matters the
8 Parliamentary Budget Officer considers appropriate.
9 48. Arrangements for obtaining information and documents
10 from agencies
11 (1) The Parliamentary Budget Officer may make an arrangement
12 with a chief executive officer of an agency for the Parliamentary
13 Budget Officer to obtain from the agency information and
14 documents relevant to the Officer's functions.
15 (2) Without limiting subsection (1), an arrangement made under
16 that subsection may make provision for the confidentiality of
17 information and documents given to the Parliamentary Budget
18 Officer in accordance with the arrangement.
19 (3) The Parliamentary Budget Officer must publicly release an
20 arrangement made under subsection (1).
21 (4) A chief executive officer may advise the Parliamentary Budget
22 Officer that information or a document provided in accordance
23 with an arrangement under subsection (1) is subject to Cabinet
24 confidentiality if the chief executive officer is satisfied that --
25 (a) the document is an exempt document under the Freedom
26 of Information Act 1992 because it contains matter that
27 is exempt matter under Schedule 1 clause 1 of that Act;
28 or
29 (b) if the information were in the form of a document, it
30 would be an exempt document under the Freedom of
31 Information Act 1992 because it contains matter that is
32 exempt matter under Schedule 1 clause 1 of that Act.
page 39
Parliamentary Budget Officer Bill 2018
Part 3 Parliamentary Budget Officer
Division 3 Operations
s. 49
1 49. Request for information or documents from agency
2 (1) The Parliamentary Budget Officer may, in writing, request a
3 chief executive officer of an agency to give the Officer any
4 information or document of the agency relevant to the Officer's
5 functions.
6 (2) The Parliamentary Budget Officer may make a request under
7 subsection (1) only if the Officer --
8 (a) has attempted unsuccessfully to obtain the information
9 or document in accordance with an arrangement made
10 under section 48(1); or
11 (b) has been unable to make an arrangement with the chief
12 executive officer under section 48(1) despite making
13 reasonable efforts to do so.
14 (3) A chief executive officer must comply with a request under
15 subsection (1) within 3 business days after receiving it,
16 unless --
17 (a) the chief executive officer considers that complying
18 with the request would --
19 (i) not be practicable; or
20 (ii) be unlawful; or
21 (iii) require the chief executive officer to disclose
22 information that could prejudice national
23 security;
24 or
25 (b) complying with the request would require the chief
26 executive officer of an agency to disclose confidential
27 commercial information in relation to the agency.
28 (4) In subsection (3)(b) --
29 confidential commercial information, in relation to an agency,
30 means information acquired by the agency from a business,
31 commercial or financial undertaking that relates to matters of a
32 business, commercial or financial nature, the disclosure of
page 40
Parliamentary Budget Officer Bill 2018
Parliamentary Budget Officer Part 3
Reporting requirements Division 4
s. 50
1 which would be likely to expose the undertaking unreasonably
2 to disadvantage.
3 (5) A chief executive officer may request that information or a
4 document given to the Parliamentary Budget Officer in response
5 to a request under subsection (1) be kept confidential.
6 (6) A chief executive officer may advise the Parliamentary Budget
7 Officer that information or a document provided in response to
8 a request under subsection (1) is subject to Cabinet
9 confidentiality if the chief executive officer is satisfied that --
10 (a) the document is an exempt document under the Freedom
11 of Information Act 1992 because it contains matter that
12 is exempt matter under Schedule 1 clause 1 of that Act;
13 or
14 (b) if the information were in the form of a document, it
15 would be an exempt document under the Freedom of
16 Information Act 1992 because it contains matter that is
17 exempt matter under Schedule 1 clause 1 of that Act.
18 (7) If a chief executive officer declines to comply with a request
19 under subsection (1), the chief executive officer must, within
20 3 business days after receiving it, give the Parliamentary Budget
21 Officer a written statement of reasons for doing so.
22 Division 4 -- Reporting requirements
23 50. Report of PBO operations during election costing periods
24 (1) After each general election, the Parliamentary Budget Officer
25 must prepare a report setting out --
26 (a) the cost of the operations of the Parliamentary Budget
27 Officer and the Parliamentary Budget Office during the
28 election costing period; and
29 (b) how many members of staff were employed or engaged
30 during the election costing period in accordance with
31 section 39; and
page 41
Parliamentary Budget Officer Bill 2018
Part 3 Parliamentary Budget Officer
Division 4 Reporting requirements
s. 50
1 (c) how many consultants were engaged during the election
2 costing period in accordance with section 41; and
3 (d) the number of election policy costing requests received
4 and the number of election policy costings prepared; and
5 (e) the number of pre-election reports prepared; and
6 (f) any significant issues or problems encountered in
7 dealing with election policy costing requests or
8 preparing election policy costings or pre-election
9 reports; and
10 (g) each statement publicly released in accordance with a
11 request under section 10(2) or 13(2) in relation to the
12 election costing period; and
13 (h) subject to subsection (2) --
14 (i) the number of times the Parliamentary Budget
15 Officer decided, under section 9(1), to stop
16 preparing an election policy costing for the
17 election costing period (excluding decisions for
18 which a statement was released under
19 section 10); and
20 (ii) the number of times the Parliamentary Budget
21 Officer decided, under section 11(6), to stop
22 preparing a pre-election report for the election
23 costing period (excluding decisions for which a
24 statement was released under section 13); and
25 (iii) the number of times the Parliamentary Budget
26 Officer decided, under section 17(2)(a), to defer
27 the exercise of a function under section 19 or 22
28 in relation to the election costing period; and
29 (iv) the number of times the Parliamentary Budget
30 Officer decided, under section 17(2)(b), to
31 decline to exercise a function under section 19
32 or 22 in relation to the election costing period;
33 and
page 42
Parliamentary Budget Officer Bill 2018
Parliamentary Budget Officer Part 3
Reporting requirements Division 4
s. 50
1 (i) any recommendations for the future operations of the
2 Parliamentary Budget Officer and the Parliamentary
3 Budget Office; and
4 (j) any other information the Parliamentary Budget Officer
5 considers appropriate.
6 (2) The Parliamentary Budget Officer must not include in the report
7 any information that enables the identification of--
8 (a) a parliamentary leader who was informed that the
9 Officer has stopped preparing an election policy costing
10 (unless the parliamentary leader requested the public
11 release of a statement under section 10(2)); or
12 (b) a parliamentary leader who was informed that the
13 Officer has stopped preparing a pre-election report
14 (unless the parliamentary leader requested the public
15 release of a statement under section 13(2)); or
16 (c) a person who requested the exercise of a function under
17 section 19 or 22 that was deferred or declined under
18 section 17(2); or
19 (d) the nature of a request referred to in paragraph (c).
20 (3) The Parliamentary Budget Officer must give the report to the
21 chairperson of the Estimates and Financial Operations
22 Committee --
23 (a) not later than the day that is 3 months after the date of
24 the general election; or
25 (b) if a member of the Estimates and Financial Operations
26 Committee has not been elected chairperson by the day
27 mentioned in paragraph (a), on the day after the day on
28 which the member is elected chairperson.
29 (4) The chairperson of the Estimates and Financial Operations
30 Committee must cause the report to be laid before each House
31 of Parliament on the first sitting day of that House after the
32 chairperson receives it.
page 43
Parliamentary Budget Officer Bill 2018
Part 3 Parliamentary Budget Officer
Division 5 Transfer and inspection of records
s. 51
1 51. Annual report
2 (1) The Parliamentary Budget Officer must prepare a report of the
3 operations of the Parliamentary Budget Officer and the
4 Parliamentary Budget Office for each financial year.
5 (2) The annual report must --
6 (a) record each occasion on which a chief executive officer
7 declined to comply with a request under section 49; and
8 (b) specify the number of policy costings the Parliamentary
9 Budget Officer stopped preparing under section 19(4) in
10 the financial year to which the report relates; and
11 (c) include each statement publicly released in accordance
12 with a request under section 21(2) in the financial year
13 to which the report relates.
14 (3) The Parliamentary Budget Officer must give the annual report
15 to the chairperson of the Estimates and Financial Operations
16 Committee on or before 31 October next following the financial
17 year to which it relates.
18 (4) The chairperson of the Estimates and Financial Operations
19 Committee must cause the annual report to be laid before each
20 House of Parliament on the first sitting day of that House after
21 the chairperson receives it.
22 Division 5 -- Transfer and inspection of records
23 52. Terms used
24 In this Division --
25 Director of State Records means the Director of State Records
26 under the State Records Act 2000;
27 PBO record means --
28 (a) a record made or received by a PBO officer in the course
29 of the PBO officer's duties;
page 44
Parliamentary Budget Officer Bill 2018
Parliamentary Budget Officer Part 3
Transfer and inspection of records Division 5
s. 53
1 (b) a record held by an agency if the record was --
2 (i) created for the sole purpose of an arrangement
3 under section 48 or a request under section 49; or
4 (ii) received from the Parliamentary Budget Officer
5 in relation to an arrangement under section 48 or
6 a request under section 49;
7 record has the meaning given in the State Records Act 2000
8 section 3(1);
9 State archives collection has the meaning given in the State
10 Records Act 2000 section 3(1);
11 transferred record means a PBO record that is transferred under
12 the State Records Act 2000 to the State archives collection by
13 the Parliamentary Budget Officer or another State organisation
14 (as defined in the State Records Act 2000 section 3(1)).
15 53. Division applies despite State Records Act 2000
16 To the extent that there is any inconsistency between this
17 Division and the State Records Act 2000, this Division prevails.
18 54. Transferred records not available for public inspection for
19 30 years
20 A transferred record is not available for public inspection for a
21 period of 30 years after the date of its transfer to the State
22 archives collection.
23 55. Inspection of transferred records by Parliamentary Budget
24 Officer
25 The Director of State Records must permit the Parliamentary
26 Budget Officer to inspect or obtain a copy of any transferred
27 record if the Parliamentary Budget Officer requires the record
28 for the performance of the functions of office.
page 45
Parliamentary Budget Officer Bill 2018
Part 3 Parliamentary Budget Officer
Division 5 Transfer and inspection of records
s. 56
1 56. Inspection of transferred costing records by members of
2 Parliament
3 (1) This section applies to a record --
4 (a) that relates to a policy costing request made by a
5 member of Parliament; and
6 (b) that the member of Parliament either provided to or
7 received from the Parliamentary Budget Officer; and
8 (c) that was transferred to the State archives collection by
9 the Parliamentary Budget Officer.
10 (2) Any of the following persons may request that the
11 Parliamentary Budget Officer provide, or permit the inspection
12 of, a copy of the record --
13 (a) the member of Parliament who made the policy costing
14 request to which the record relates;
15 (b) if the policy costing request was made by a member of
16 Parliament who, at that time, was the recognised
17 parliamentary leader of a registered political party, a
18 subsequent parliamentary leader of that party;
19 (c) if the policy costing request was made by a member of
20 Parliament who, at that time, was a member of a
21 registered political party that did not have a recognised
22 parliamentary leader, any other member of Parliament
23 who is a member of that registered political party.
24 (3) On receiving a request under subsection (2), the Parliamentary
25 Budget Officer must --
26 (a) obtain a copy of the record in accordance with
27 section 55; and
28 (b) comply with the request.
page 46
Parliamentary Budget Officer Bill 2018
Parliamentary Budget Officer Part 3
Transfer and inspection of records Division 5
s. 57
1 57. Inspection of transferred advisory records by members of
2 Parliament
3 (1) This section applies to a transferred record --
4 (a) that relates to the provision of analysis, advice or a
5 briefing to a member of Parliament under section 22;
6 and
7 (b) that was transferred to the State archives collection by
8 the Parliamentary Budget Officer.
9 (2) The member of Parliament may request that the Parliamentary
10 Budget Officer provide, or permit the inspection of, a copy of
11 the record.
12 (3) On receiving a request under subsection (2), the Parliamentary
13 Budget Officer must --
14 (a) obtain a copy of the record in accordance with
15 section 55; and
16 (b) comply with the request.
page 47
Parliamentary Budget Officer Bill 2018
Part 4 Parliamentary Budget Office
s. 58
1 Part 4 -- Parliamentary Budget Office
2 58. Establishment
3 The Parliamentary Budget Office is established as an
4 administrative office of the Parliament.
5 59. Purpose
6 The purpose of the Parliamentary Budget Office is to enable the
7 Parliamentary Budget Officer to perform the Officer's
8 functions.
page 48
Parliamentary Budget Officer Bill 2018
General Part 5
s. 60
1 Part 5 -- General
2 60. Parliamentary Budget Officer not to question merit of
3 policies
4 Nothing in this Act entitles the Parliamentary Budget Officer,
5 whether in a policy costing, a report under this Act or otherwise,
6 to question the merits of a policy that is or has been the subject
7 of a request for a policy costing.
8 61. Functions of Estimates and Financial Operations Committee
9 (1) In addition to its functions under other provisions of this Act,
10 the Estimates and Financial Operations Committee has the
11 following functions--
12 (a) to recommend to the Minister the appointment and terms
13 and conditions of appointment of the Parliamentary
14 Budget Officer;
15 (b) to review the operational and resourcing arrangements
16 for the Parliamentary Budget Officer, including
17 reviewing the draft budget for the Officer;
18 (c) to consult the Parliamentary Budget Officer on an
19 operational plan under section 45;
20 (d) to review reports prepared under section 50(1), and
21 annual reports prepared under section 51(1);
22 (e) to review and assess how well the Parliamentary Budget
23 Officer's functions are being performed;
24 (f) to report to both Houses of Parliament on any matter
25 connected with the operational and resourcing
26 arrangements for the Parliamentary Budget Officer that
27 requires the attention of Parliament.
28 (2) Nothing in subsection (1) authorises the Estimates and Financial
29 Operations Committee to direct the activities of the
30 Parliamentary Budget Officer or to question --
31 (a) a policy costing; or
page 49
Parliamentary Budget Officer Bill 2018
Part 5 General
s. 62
1 (b) a pre-election report; or
2 (c) a post-election report; or
3 (d) information contained in analysis, advice or a briefing
4 provided under section 22.
5 62. Confidentiality requirements for preliminary documents
6 (1) A person must not publish any of the following information
7 relating to a policy costing unless the Parliamentary Budget
8 Officer consents to that publication --
9 (a) information contained in a draft of the costing;
10 (b) information contained in correspondence with a PBO
11 officer regarding the preparation of the costing;
12 (c) information provided to the Parliamentary Budget
13 Officer in response to a request under section 7(3), 11(5)
14 or 19(3).
15 Penalty for this subsection: a fine of $20 000.
16 (2) The Parliamentary Budget Officer must not consent to a
17 publication referred to in subsection (1) unless the Officer is
18 satisfied that --
19 (a) the publication is necessary to assist in explaining a
20 policy costing; or
21 (b) the information is to be published for reasons that are
22 unrelated to the policy costing by the person that
23 provided the information in response to a request from
24 the Officer.
25 63. Exemption from Freedom of Information Act 1992
26 (1) In this section --
27 document has the meaning given in the Freedom of Information
28 Act 1992 Glossary.
page 50
Parliamentary Budget Officer Bill 2018
General Part 5
s. 63
1 (2) The Freedom of Information Act 1992 does not apply to a
2 document that is in the possession of any person or body that
3 was created for the sole purpose of --
4 (a) an arrangement under section 48; or
5 (b) a request under section 49; or
6 (c) an election policy costing request; or
7 (d) an election policy costing; or
8 (e) a pre-election report; or
9 (f) a request under section 18 for a policy costing; or
10 (g) a policy costing prepared under section 19; or
11 (h) an advisory service request under section 22; or
12 (i) analysis, advice or a briefing provided under section 22.
page 51
Parliamentary Budget Officer Bill 2018
Part 6 Amendments to other Acts
Division 1 Constitution Acts Amendment Act 1899 amended
s. 64
1 Part 6 -- Amendments to other Acts
2 Division 1 -- Constitution Acts Amendment Act 1899 amended
3 64. Act amended
4 This Division amends the Constitution Acts Amendment
5 Act 1899.
6 65. Schedule V amended
7 In Schedule V Part 1 Division 2 after the item relating to the
8 Inspector of Custodial Services insert:
9
10 Parliamentary Budget Officer appointed under the
11 Parliamentary Budget Officer Act 2018.
12
13 Division 2 -- Corruption, Crime and Misconduct Act 2003
14 amended
15 66. Act amended
16 This Division amends the Corruption, Crime and Misconduct
17 Act 2003.
18 67. Section 3 amended
19 (1) In section 3(1) in the definition of independent agency:
20 (a) in paragraph (e) delete "Commissioner;" and insert:
21
22 Commissioner; and
23
24 (b) after paragraph (e) insert:
25
26 (f) the Parliamentary Budget Officer appointed
27 under the Parliamentary Budget Officer
28 Act 2018;
29
page 52
Parliamentary Budget Officer Bill 2018
Amendments to other Acts Part 6
Financial Management Act 2006 amended Division 3
s. 68
1 Division 3 -- Financial Management Act 2006 amended
2 68. Act amended
3 This Division amends the Financial Management Act 2006.
4 69. Section 5 amended
5 In section 5(1):
6 (a) in paragraph (e) delete "Commissioner," and insert:
7
8 Commissioner;
9
10 (b) after paragraph (e) insert:
11
12 (f) the Parliamentary Budget Office,
13
14 Division 4 -- Freedom of Information Act 1992 amended
15 70. Act amended
16 This Division amends the Freedom of Information Act 1992.
17 71. Schedule 2 amended
18 In Schedule 2 after the item relating to the Inspector of
19 Custodial Services insert:
20
21 The Parliamentary Budget Officer and the Parliamentary Budget
22 Office.
23
page 53
Parliamentary Budget Officer Bill 2018
Part 6 Amendments to other Acts
Division 5 Parliamentary and Electorate Staff (Employment) Act 1992
amended
s. 72
1 Division 5 -- Parliamentary and Electorate Staff (Employment)
2 Act 1992 amended
3 72. Act amended
4 This Division amends the Parliamentary and Electorate Staff
5 (Employment) Act 1992.
6 73. Section 3 amended
7 In section 3(1) insert in alphabetical order:
8
9 Parliamentary Budget Office has the meaning given in
10 the Parliamentary Budget Officer Act 2018
11 section 4(1);
12 Parliamentary Budget Officer has the meaning given
13 in the Parliamentary Budget Officer Act 2018
14 section 4(1);
15
16 74. Section 4A inserted
17 After section 4 insert:
18
19 4A. Employer of Parliamentary Budget Officer and
20 Parliamentary Budget Office staff
21 (1) The President and the Speaker, acting jointly, are the
22 employer of the Parliamentary Budget Officer.
23 (2) The President and the Speaker, acting jointly on the
24 recommendation of the Parliamentary Budget Officer,
25 are the employer of each member of the Parliamentary
26 Budget Office.
27
page 54
Parliamentary Budget Officer Bill 2018
Amendments to other Acts Part 6
Parliamentary and Electorate Staff (Employment) Act 1992 Division 5
amended
s. 75
1 75. Section 6 amended
2 In section 6(3):
3 (a) in paragraph (c) delete "section 5(2)(c)," and insert:
4
5 section 5(2)(c); and
6
7 (b) after paragraph (c) insert:
8
9 (d) the Parliamentary Budget Officer the exercise
10 or performance of any power or duty conferred
11 or imposed on them, acting jointly, by this Act
12 in respect of members of the Parliamentary
13 Budget Office referred to in section 4A(2),
14
15 76. Section 7 amended
16 (1) After section 7(1)(d) insert:
17
18 (da) a member of the Parliamentary Budget Office
19 referred to in section 4A(2), the President and
20 the Speaker shall be represented by the
21 Parliamentary Budget Officer; or
22
23 (2) After each of section 7(1)(a), (b), (c), (d) and (e) insert:
24
25 or
26
page 55
Parliamentary Budget Officer Bill 2018
Part 6 Amendments to other Acts
Division 6 Parliamentary Commissioner Act 1971 amended
s. 77
1 Division 6 -- Parliamentary Commissioner Act 1971 amended
2 77. Act amended
3 This Division amends the Parliamentary Commissioner
4 Act 1971.
5 78. Schedule 1 amended
6 In Schedule 1 insert in alphabetical order:
7
Parliamentary Budget Parliamentary Budget Officer.
Officer Act 2018
8
9
10
page 56
Parliamentary Budget Officer Bill 2018
Defined terms
Defined terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined term Provision(s)
agency .............................................................................................................. 4(1)
annual appropriation Bill ................................................................................. 4(1)
business day ..................................................................................................... 4(1)
confidential commercial information ............................................................. 49(4)
court ............................................................................................................... 43(1)
Director of State Records ....................................................................................52
document ........................................................................................................ 63(1)
election costing period ..................................................................................... 4(1)
election policy costing ..................................................................................... 4(1)
election policy costing request ......................................................................... 4(1)
election year ..................................................................................................... 4(1)
Estimates and Financial Operations Committee ............................................. 4(1)
general election ................................................................................................ 4(1)
ordinary annual services................................................................................... 4(1)
Parliament ...................................................................................................... 30(6)
Parliamentary Budget Office............................................................................ 4(1)
Parliamentary Budget Officer .......................................................................... 4(1)
parliamentary leader ......................................................................................... 4(1)
PBO officer ...................................................................................................... 4(1)
PBO protocols .................................................................................................. 4(1)
PBO record..........................................................................................................52
policy costing ................................................................................................... 4(1)
post-election report .......................................................................................... 4(1)
pre-election report ............................................................................................ 4(1)
protected information ....................................................................................... 4(1)
record ..................................................................................................................52
registered political party ................................................................................... 4(1)
relevant authority ........................................................................................... 43(1)
remuneration .................................................................................................. 32(1)
State archives collection ......................................................................................52
transferred record ................................................................................................52
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