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This is a Bill, not an Act. For current law, see the Acts databases.


PARLIAMENTARY BUDGET OFFICER BILL 2018

                    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


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                            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;



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                                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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                                                       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


                                                                            page 7
     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

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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. 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

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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. 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


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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. 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;




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     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


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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.


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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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                                                                             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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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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                                                                              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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     s. 23


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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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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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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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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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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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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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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     Division 1     Appointment and functions
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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
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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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     Division 2     Staffing and administration
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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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                                          Staffing and administration    Division 2
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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

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                                                         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.




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     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

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                                                        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.

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     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


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                                       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


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     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



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                                 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.



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     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;



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                            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.




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     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.




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                                  Transfer and inspection of records    Division 5
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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.




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                                                          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




                                                                                                             page 57

 


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