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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENTARY BUDGET OFFICE BILL 2011
2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Parliamentary Budget Office Bill 2011
No. , 2011
(Mr Hockey)
A Bill for an Act to establish the Parliamentary
Budget Office, and for related purposes
i Parliamentary Budget Office Bill 2011 No. , 2011
Contents
Part 1--Preliminary
1
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Object
.................................................................................................
2
4 Definitions
.........................................................................................
2
Part 2--The Parliamentary Budget Officer
4
Division 1--Establishment and independence
4
5 Establishment
.....................................................................................
4
6
Independence of the Parliamentary Budget Officer ........................... 4
Division 2--Functions of the Parliamentary Budget Officer
6
7 Functions
...........................................................................................
6
8
Parliamentary Budget Officer to have regard to priorities of
Parliament .......................................................................................... 6
9 Information-gathering
powers and secrecy ........................................ 7
10 General
powers
..................................................................................
7
11
Flexibility and range of working methods in performance of
functions ............................................................................................ 7
Division 3--Operational plans
8
12 Operational
plans
...............................................................................
8
13 Variation
of
operational plans ............................................................ 9
14 Compliance
with
plans
.......................................................................
9
Division 4--Appointment and conditions
10
15 Appointment
....................................................................................
10
16 Selection
..........................................................................................
10
17 Acting
Parliamentary Budget Officer .............................................. 11
18 Remuneration
and
allowances ......................................................... 11
19
Leave of absence .............................................................................. 12
20 Disclosure
of
interests ...................................................................... 12
21 Outside
employment
........................................................................
12
22 Other
terms
and
conditions .............................................................. 12
23 Resignation
......................................................................................
12
24 Termination
of
appointment ............................................................ 13
Part 3--Parliamentary Budget Office
14
25 Establishment
...................................................................................
14
26
Constitution of the PBO ................................................................... 14
27
Function of the PBO ........................................................................ 14
Parliamentary Budget Office Bill 2011 No. , 2011 ii
28
Location of the PBO ........................................................................ 14
29 Staff
.................................................................................................
14
30 Consultants
......................................................................................
15
31 Delegation
by
Parliamentary Budget Officer ................................... 15
Part 4--Miscellaneous
16
32 Appropriation
...................................................................................
16
33
Authorised committee may request draft estimates for PBO ........... 17
34
Guaranteed availability of parliamentary appropriations ................. 17
35
Parliamentary Budget Officer may approve expenditure ................. 17
36 Indemnity
.........................................................................................
17
37 Annual
report
...................................................................................
18
38 Delegation
........................................................................................
18
39 Determinations
.................................................................................
18
Schedule 1--Information gathering powers and
secrecy
19
1
Relationship of information-gathering powers with other
laws .................................................................................................. 19
2
Purpose for which information-gathering powers may be
used .................................................................................................. 19
3
Power of Parliamentary Budget Officer to obtain information ........ 19
4 Confidentiality
of
information ......................................................... 20
5
Sensitive information not to be included in reports ......................... 21
Parliamentary Budget Office Bill 2011 No. , 2011 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
A Bill for an Act to establish the Parliamentary
19
Budget Office, and for related purposes
20
The Parliament of Australia enacts:
21
Part 1--Preliminary
22
23
1 Short title
24
This Act may be cited as the Parliamentary Budget Office Act
25
2011.
26
2 Commencement
27
(1) Each provision of this Act specified in column 1 of the table
28
commences, or is taken to have commenced, in accordance with
29
column 2 of the table. Any other statement in column 2 has effect
30
according to its terms.
31
32
Part 1 Preliminary
Section 3
2 Parliamentary Budget Office Bill 2011 No. , 2011
Commencement information
Column 1
Column 2
Column 3
Provision(s) Commencement
Date/Details
1. Sections 1, 2
and 3
The day this Act receives the Royal Assent.
2. The remainder
of the Act
The day after an Act authorising the
appropriation of funds for the establishment
of the office of Parliamentary Budget
Officer and the operation of the PBO
receives the Royal Assent.
However, if such an Act does not commence
within 24 months after this Act receives the
Royal Assent, these provisions do not
commence at all.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in Column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Object
7
The object of this Act is to establish an independent statutory
8
office of Parliamentary Budget Officer to provide objective and
9
impartial advice and analysis on:
10
(a) the Commonwealth budget and budget cycle; and
11
(b) medium and long-term budget projections; and
12
(c) the costs of policy proposals; and
13
(d) other matters as requested by Members and Senators.
14
4 Definitions
15
(1) In this Act:
16
authorised committee means:
17
(a) the Joint Committee of Public Accounts and Audit; or
18
Preliminary Part 1
Section 4
Parliamentary Budget Office Bill 2011 No. , 2011 3
(b) another committee of either House, or of both Houses, that is
1
authorised by resolution of that House, or of both Houses, for
2
the purpose of the relevant provision.
3
Commissioner means the Parliamentary Service Commissioner
4
appointed under the Parliamentary Services Act 1999.
5
deputy, in relation to a Presiding Officer, means the senior-most
6
Deputy Speaker or Deputy President, as the case may be, who is
7
not of the same political party or coalition of parties as the
8
Presiding Officer.
9
House means a House of the Parliament.
10
PBO means the Parliamentary Budget Office established under
11
section 25.
12
Presiding Officer means:
13
(a) in relation to the Senate--the President of the Senate; and
14
(b) in relation to the House of Representatives--the Speaker of
15
the House of Representatives.
16
(2) Unless the contrary intention appears:
17
(a) a reference to the Presiding Officers means the Presiding
18
Officers acting jointly; and
19
(b) a reference to a decision or determination of the Presiding
20
Officers means a decision or determination in writing jointly
21
signed by each of the Presiding Officers.
22
(3) If either House passes a resolution in relation to this Act or the
23
powers and functions of the Parliamentary Budget Officer, the
24
Presiding Officer of that House:
25
(a) must not take any action under this Act which is contrary to
26
that resolution; and
27
(b) must comply with any direction given in that resolution in
28
relation to the exercise of the Presiding Officer's functions
29
under this Act.
30
31
Part 2 The Parliamentary Budget Officer
Division 1 Establishment and independence
Section 5
4 Parliamentary Budget Office Bill 2011 No. , 2011
Part 2--The Parliamentary Budget Officer
1
Division 1--Establishment and independence
2
5 Establishment
3
(1) The office of Parliamentary Budget Officer is established by this
4
section.
5
(2) Whenever a vacancy occurs in the office of Parliamentary Budget
6
Officer, an appointment must be made to the office as soon as
7
practicable and no later than 6 months from the date the office
8
became vacant.
9
6 Independence of the Parliamentary Budget Officer
10
(1) The Parliamentary Budget Officer is an independent officer of the
11
Parliament.
12
(2) The functions, powers, rights, immunities and obligations of the
13
Parliamentary Budget Officer are as specified in this Act and other
14
laws of the Commonwealth. There are no implied functions,
15
powers, rights, immunities or obligations arising from the
16
Parliamentary Budget Officer being an independent officer of the
17
Parliament.
18
(3) The powers of the Parliament to act in relation to the Parliamentary
19
Budget Officer are as specified in or applying under this Act and
20
other laws of the Commonwealth. For this purpose, Parliament
21
includes:
22
(a) each House of the Parliament; and
23
(b) the Members of each House of the Parliament; and
24
(c) the committees of each House of the Parliament and joint
25
committees of both Houses of the Parliament.
26
There are no implied powers of the Parliament arising from the
27
Parliamentary Budget Officer being an independent officer of the
28
Parliament.
29
(4) Subject to this Act and to other laws of the Commonwealth, the
30
Parliamentary Budget Officer has complete discretion in the
31
The Parliamentary Budget Officer Part 2
Establishment and independence Division 1
Section 6
Parliamentary Budget Office Bill 2011 No. , 2011 5
performance or exercise of his or her functions and powers. In
1
particular, the Parliamentary Budget Officer is not subject to
2
direction from anyone in relation to:
3
(a) whether or not a particular function is to be undertaken; or
4
(b) the way in which a particular function is to be undertaken; or
5
(c) the priority to be given to any particular matter.
6
7
Part 2 The Parliamentary Budget Officer
Division 2 Functions of the Parliamentary Budget Officer
Section 7
6 Parliamentary Budget Office Bill 2011 No. , 2011
Division 2--Functions of the Parliamentary Budget Officer
1
7 Functions
2
(1) The Parliamentary Budget Officer has the following functions:
3
(a) helping Members and Senators better understand the
4
Commonwealth budget cycle and budget issues by:
5
(i) analysing and reporting on documents and policy
6
announcements related to the budget cycle; and
7
(ii) making medium and long-term projections of budget
8
parameters and the effects of budget proposals or other
9
developments that the Officer considers significant; and
10
(iii) analysing and reporting on issues referred to the Officer
11
by either House or by an authorised committee; and
12
(iv) analysing and reporting on related issues that the Officer
13
considers will assist Members and Senators;
14
(b) providing advice on the costs of particular policy proposals at
15
the request of individual Members or Senators;
16
(c) providing advice on particular financial or economic issues at
17
the request of individual Members or Senators;
18
(d) engaging in or commissioning research related to these
19
functions;
20
(e) functions conferred on the Officer under this or another Act;
21
(f) any functions incidental to these functions.
22
(2) A copy of a report or document produced under paragraph (1)(a)
23
must be given to the Presiding Officer of each House and
24
published on a website.
25
(3) The Parliamentary Budget Officer must not publish anything in
26
relation to a request to provide advice made by an individual
27
Member or Senator without the consent of the Member or Senator.
28
8 Parliamentary Budget Officer to have regard to priorities of
29
Parliament
30
In performing or exercising his or her functions and powers, the
31
Parliamentary Budget Officer must have regard to:
32
The Parliamentary Budget Officer Part 2
Functions of the Parliamentary Budget Officer Division 2
Section 9
Parliamentary Budget Office Bill 2011 No. , 2011 7
(a) the priorities of the Parliament expressed in resolutions of
1
either or both Houses; and
2
(b) any reports on matters connected to the functions of the
3
Officer made by committees of either or both Houses.
4
9 Information-gathering powers and secrecy
5
The Parliamentary Budget Officer and the staff of the PBO have
6
the powers and obligations set out in Schedule 1.
7
10 General powers
8
The Parliamentary Budget Officer has power to do everything
9
necessary or convenient to be done for, or in connection with, the
10
performance of the functions of the Officer.
11
11 Flexibility and range of working methods in performance of
12
functions
13
In the performance and exercise of his or her functions and powers,
14
the Parliamentary Budget Officer:
15
(a) is not required to act in a formal manner; and
16
(b) may inform himself or herself on any matter in any way he or
17
she thinks fit; and
18
(c) may consult with anyone he or she thinks fit; and
19
(d) may receive written or oral information or submissions; and
20
(e) may establish working groups and task forces; and
21
(f) may second staff from government departments and agencies
22
and hire other staff.
23
24
Part 2 The Parliamentary Budget Officer
Division 3 Operational plans
Section 12
8 Parliamentary Budget Office Bill 2011 No. , 2011
Division 3--Operational plans
1
12 Operational plans
2
(1) The Parliamentary Budget Officer must prepare operational plans
3
in accordance with this section.
4
(2) An operational plan must:
5
(a) define the Parliamentary Budget Officer's principal
6
objectives in performing his or her functions; and
7
(b) give a broad outline of the strategies to be pursued by the
8
Officer to achieve those objectives; and
9
(c) set out a schedule of
:
10
(i) the matters on which the Officer expects to report
11
during the period of the plan, which must include the
12
annual budget statements, the mid-year economic and
13
fiscal outlook reports and the final budget outcome
14
reports; and
15
(ii) other kinds of matters on which the Officer will report
16
should events make it desirable.
17
(4) The first operational plan is to relate to the period ending on
18
30 June 2013, and must include details of the Parliamentary
19
Budget Officer's intentions in respect of:
20
(a) establishing and staffing the PBO; and
21
(b) developing in the PBO the expertise to undertake its
22
functions; and
23
(c) increasing its program of reports.
24
(5) Each subsequent operational plan is to relate to the 3-year period
25
commencing on 1 July in each subsequent year and must include
26
details of how the Parliamentary Budget Officer intends to fulfil its
27
schedule of reports and its other functions.
28
(6) The Parliamentary Budget Officer must give a copy of an
29
operational plan to the Presiding Officer of each House:
30
(a) for the first operational plan--as soon as practicable after the
31
establishment of the PBO; and
32
The Parliamentary Budget Officer Part 2
Operational plans Division 3
Section 13
Parliamentary Budget Office Bill 2011 No. , 2011 9
(b) for a subsequent operational plan--before the period to
1
which it relates.
2
13 Variation of operational plans
3
(1) Either House, or both Houses, may, by resolution, request that the
4
Parliamentary Budget Officer vary an operational plan.
5
(2) The Parliamentary Budget Officer must consider any request under
6
subsection (1) to vary an operational plan and may vary the plan
7
accordingly.
8
(3) If the Parliamentary Budget Officer varies an operational plan, he
9
or she must present a copy of the varied operational plan to each
10
House of the Parliament as soon as practicable after the variation is
11
made.
12
14 Compliance with plans
13
When performing his or her functions and exercising his or her
14
powers, the Parliamentary Budget Officer must take into account
15
the operational plan that is in force.
16
17
Part 2 The Parliamentary Budget Officer
Division 4 Appointment and conditions
Section 15
10 Parliamentary Budget Office Bill 2011 No. , 2011
Division 4--Appointment and conditions
1
15 Appointment
2
(1) The Parliamentary Budget Officer is to be appointed by the
3
Presiding Officers by written instrument, following a selection
4
process undertaken in accordance with section 16.
5
(2) The Parliamentary Budget Officer is to be appointed on a full-time
6
basis.
7
.
(3) The Parliamentary Budget Officer holds office for the period
8
specified in the instrument of appointment. The period must not
9
exceed 5 years.
10
Note:
The Parliamentary Budget Officer is eligible for reappointment: see
11
subsection 33(4A) of the Acts Interpretation Act 1901.
12
16 Selection
13
(1) The selection of a Parliamentary Budget Officer must follow the
14
process set out in this section.
15
(2) The Presiding Officers must establish a panel comprising the
16
holders of at least 3 of the following offices:
17
(a)
the
Ombudsman;
18
(b)
the
Auditor-General;
19
(c) the Governor of the Reserve Bank of Australia;
20
(d) the Chair of the Productivity Commission.
21
(3) The panel must assess and recommend to the Presiding Officers a
22
short-list of at least 2 candidates for appointment to the position.
23
(4) The Presiding Officers may delegate administrative responsibility
24
for the selection process to the Commissioner.
25
(5) The Presiding Officers, together with their deputies, must select an
26
appointee from the short-listed candidates. If this group is unable
27
to select an appointee, the Presiding Officers must commence a
28
new selection process.
29
The Parliamentary Budget Officer Part 2
Appointment and conditions Division 4
Section 17
Parliamentary Budget Office Bill 2011 No. , 2011 11
17 Acting Parliamentary Budget Officer
1
(1) The Presiding Officers may appoint a person to act as the
2
Parliamentary Budget Officer:
3
(a) during a vacancy in the office of the Parliamentary Budget
4
Officer (whether or not an appointment has previously been
5
made to the office); or
6
(b) during any period, or during all periods, when the Officer is
7
absent from duty or from Australia, or is, for any reason,
8
unable to perform the duties of the office.
9
Note:
Section 33A of the Acts Interpretation Act 1901 has rules that apply to
10
acting appointments.
11
(2) Anything done by or in relation to a person purporting to act under
12
an appointment is not invalid merely because:
13
(a) the occasion for the appointment had not arisen; or
14
(b) there was a defect or irregularity in connection with the
15
appointment; or
16
(c) the appointment had ceased to have effect; or
17
(d) the occasion to act had not arisen or had ceased.
18
18 Remuneration and allowances
19
(1) Subject to subsection (3), the Parliamentary Budget Officer is to be
20
paid the remuneration and allowances that are determined by the
21
Remuneration Tribunal. If no such determination is in operation,
22
the Parliamentary Budget Officer is to be paid the remuneration
23
and allowances that are determined by the Presiding Officers by
24
written instrument.
25
(2) This section has effect subject to the Remuneration Tribunal Act
26
1973.
27
(3) The remuneration and allowances of the Parliamentary Budget
28
Officer must be broadly equivalent to the remuneration and
29
allowances of the Auditor-General.
30
Part 2 The Parliamentary Budget Officer
Division 4 Appointment and conditions
Section 19
12 Parliamentary Budget Office Bill 2011 No. , 2011
19 Leave of absence
1
(1) The Parliamentary Budget Officer has the recreation leave
2
entitlements that are determined by the Remuneration Tribunal.
3
(2) The Presiding Officers may grant the Parliamentary Budget Officer
4
leave of absence, other than recreation leave, on the terms and
5
conditions as to remuneration or otherwise that they determine.
6
20 Disclosure of interests
7
The Parliamentary Budget Officer must give written notice to the
8
Presiding Officers of all interests, pecuniary or otherwise, that the
9
Officer has or acquires and that conflict or could conflict with the
10
proper performance of the Officer's functions.
11
21 Outside employment
12
The Parliamentary Budget Officer must not engage in paid
13
employment outside the duties of his or her office without the
14
approval of the Presiding Officers.
15
22 Other terms and conditions
16
The Parliamentary Budget Officer holds office on the terms and
17
conditions (if any) in relation to matters not covered by this Act
18
that are determined by the Presiding Officers.
19
23 Resignation
20
(1) The Parliamentary Budget Officer may resign his or her
21
appointment by giving the Presiding Officers a written resignation.
22
(2) The resignation takes effect on the first day it is received by either
23
of the Presiding Officers, or, if a later day is specified in the
24
resignation, on that later day.
25
The Parliamentary Budget Officer Part 2
Appointment and conditions Division 4
Section 24
Parliamentary Budget Office Bill 2011 No. , 2011 13
24 Termination of appointment
1
(1) The Presiding Officers may terminate the appointment of the
2
Parliamentary Budget Officer for misbehaviour or physical or
3
mental incapacity.
4
(2) The Presiding Officers may terminate the appointment of the
5
Parliamentary Budget Officer if:
6
(a)
the
Officer:
7
(i) becomes bankrupt; or
8
(ii) applies to take the benefit of any law for the relief of
9
bankrupt or insolvent debtors; or
10
(iii) compounds with his or her creditors; or
11
(iv) makes an assignment of his or her remuneration for the
12
benefit of his or her creditors; or
13
(b) the Officer is absent, except on leave of absence, for 14
14
consecutive days or for 28 days in any 12 months; or
15
(c) the Officer engages, except with the approval of the
16
Presiding Officers, in paid employment outside the duties of
17
his or her office (see section 21); or
18
(d) the Officer fails, without reasonable excuse, to comply with
19
section 20 (disclosure of interests).
20
(3) The appointment of the Parliamentary Budget Officer can be
21
terminated for any reason by a resolution of both Houses.
22
23
Part 3 Parliamentary Budget Office
Section 25
14 Parliamentary Budget Office Bill 2011 No. , 2011
Part 3--Parliamentary Budget Office
1
2
25 Establishment
3
(1) The Parliamentary Budget Office (the PBO) is established by this
4
section.
5
26 Constitution of the PBO
6
The PBO consists of:
7
(a) the Parliamentary Budget Officer; and
8
(b) the staff of the PBO.
9
27 Function of the PBO
10
The PBO's function is to assist the Parliamentary Budget Officer in
11
the performance of the Officer's functions.
12
28 Location of the PBO
13
The PBO must be located in Parliament House.
14
29 Staff
15
(1) The staff of the PBO are to be persons engaged under the Public
16
Service Act 1999.
17
(2) For the purposes of the Public Service Act 1999:
18
(a) the Parliamentary Budget Officer and the staff of the PBO
19
together constitute a Statutory Agency; and
20
(b) the Parliamentary Budget Officer is the Head of that
21
Statutory Agency.
22
(3) Directions to staff of the PBO relating to the performance of the
23
Parliamentary Budget Officer's functions may only be given by:
24
(a) the Parliamentary Budget Officer; or
25
(b) a member of the staff of the PBO authorised by the Officer to
26
give such directions.
27
Parliamentary Budget Office Part 3
Section 30
Parliamentary Budget Office Bill 2011 No. , 2011 15
30 Consultants
1
(1) The Parliamentary Budget Officer may engage a person who has
2
suitable qualifications and experience to assist in the performance
3
of any of the functions of the Parliamentary Budget Officer.
4
(2) The terms and conditions of engagement are to be determined, in
5
writing, by the Parliamentary Budget Officer.
6
31 Delegation by Parliamentary Budget Officer
7
(1) The Parliamentary Budget Officer may, by written instrument,
8
delegate any of the Parliamentary Budget Officer's powers or
9
functions to:
10
(a) an SES employee or acting SES employee in the PBO; or
11
(b) a person engaged under section 30 whose skills and
12
responsibilities are equivalent to, or exceed, the skills and
13
responsibilities expected of an SES employee.
14
Note:
SES employee and acting SES employee are defined in section 17AA
15
of the Acts Interpretation Act 1901.
16
(2) In exercising powers or functions under the delegation, the
17
delegate must comply with any directions of the Parliamentary
18
Budget Officer.
19
20
Part 4 Miscellaneous
Section 32
16 Parliamentary Budget Office Bill 2011 No. , 2011
Part 4--Miscellaneous
1
2
32 Appropriation
3
(1) The PBO is to be funded from money appropriated by the
4
Parliament for the purpose.
5
(2) Provisions for the appropriation of funds for the purposes of the
6
PBO must be proposed in the annual and additional appropriation
7
bills.
8
(3) The Finance Minister must consult with the Parliamentary Budget
9
Officer to seek agreement on the estimates of proposed expenditure
10
for the PBO for inclusion in those bills.
11
(4) The appropriation of funds for the PBO in a non-election year must
12
not be less than 3.5% of the departmental appropriation for the
13
Department of the Treasury.
14
(5) Consideration must be given to increasing the appropriations in a
15
year in which there is an election for the House or the Senate.
16
(6) The Parliamentary Budget Officer may, at any time, present to
17
each House of the Parliament, or to an authorised committee:
18
(a) a statement of his or her estimates of expenditure required for
19
the PBO to undertake its functions; or
20
(b) a report on any consultations which have taken place with the
21
Finance Minister in accordance with subsection (3); or
22
(c) a copy of any agreement made under subsection (3).
23
(7) If appropriation bills are introduced that propose estimates of
24
expenditure for the PBO other than in accordance with an
25
agreement made under subsection (3), the Finance Minister must
26
present a statement to each House of the Parliament prior to
27
consideration of the bills, setting out the reasons for the failure to
28
reach agreement on the estimates.
29
(8) Subsection (3) does not apply in relation to the initial appropriation
30
made by the Parliament to establish the office of Parliamentary
31
Budget Officer.
32
Miscellaneous Part 4
Section 33
Parliamentary Budget Office Bill 2011 No. , 2011 17
33 Authorised committee may request draft estimates for PBO
1
(1) An authorised committee may request the Parliamentary Budget
2
Officer to submit to the committee draft estimates for the PBO for
3
a financial year before the annual Commonwealth budget for that
4
financial year.
5
(2) The Parliamentary Budget Officer must comply with the request in
6
time to allow the committee to consider the draft estimates and
7
make recommendations on them before the budget.
8
34 Guaranteed availability of parliamentary appropriations
9
The Finance Minister must issue drawing rights under section 27 of
10
the Financial Management and Accountability Act 1997 that cover
11
in full the amounts that the Parliament appropriates for the
12
purposes of the PBO.
13
35 Parliamentary Budget Officer may approve expenditure
14
The Parliamentary Budget Officer has authority to approve a
15
proposal to spend money under an appropriation for the PBO.
16
Note:
The Parliamentary Budget Officer's power under this section may be
17
delegated under section 31.
18
36 Indemnity
19
(1) The Commonwealth must indemnify a person for any liability that
20
the person incurs for an act or omission of the person in the course
21
of performing a function of the Parliamentary Budget Officer.
22
(2) The indemnity does not apply if the liability arose from an act or
23
omission in bad faith.
24
(3) The indemnity does not cover a liability of a person to the extent to
25
which the person is entitled to be indemnified for the liability by a
26
person other than the Commonwealth, whether under a contract of
27
insurance or otherwise.
28
Part 4 Miscellaneous
Section 37
18 Parliamentary Budget Office Bill 2011 No. , 2011
37 Annual report
1
The Parliamentary Budget Officer must, as soon as practicable
2
after the end of each financial year, prepare and give to the
3
Presiding Officer of each House a report of the operations of the
4
PBO during that financial year.
5
38 Delegation
6
(1) The Presiding Officers may, in writing, delegate any or all their
7
functions and powers under this Act (other than their functions and
8
powers under Division 4 of Part 2) jointly to the Secretaries of the
9
Departments established under the Parliamentary Service Act
10
1999.
11
(2) In exercising functions or powers delegated under subsection (1),
12
the delegates must comply with any directions of the Presiding
13
Officers.
14
39 Determinations
15
The Presiding Officers may, by legislative instrument, determine
16
matters:
17
(a) required or permitted by this Act to be determined; or
18
(b) necessary or convenient to be determined for carrying out or
19
giving effect to this Act.
20
Information gathering powers and secrecy Schedule 1
Clause 1
Parliamentary Budget Office Bill 2011 No. , 2011 19
Schedule 1--Information gathering powers
1
and secrecy
2
3
1 Relationship of information-gathering powers with other laws
4
The operation of clause 3:
5
(a) is limited by laws of the Commonwealth (whether made
6
before or after the commencement of this Act) relating to the
7
powers, privileges and immunities of:
8
(i) each House of the Parliament; and
9
(ii) the members of each House of the Parliament; and
10
(iii) the committees of each House of the Parliament and
11
joint committees of both Houses of the Parliament; but
12
(b) is not limited by any other law (whether made before or after
13
the commencement of this Act), except to the extent that the
14
other law expressly excludes the operation of clause 3.
15
2 Purpose for which information-gathering powers may be used
16
The powers under clause 3 may be used for the purpose of, or in
17
connection with, a function given to the Parliamentary Business
18
Officer by this Act.
19
3 Power of Parliamentary Budget Officer to obtain information
20
(1) The Parliamentary Budget Officer may, by written notice, direct an
21
employee of an agency to do all or any of the following:
22
(a) to provide the Officer with any information that the Officer
23
requires;
24
(b) to attend and give evidence before the Officer or an
25
authorised officer;
26
(c) to produce to the Officer any documents in the custody or
27
under the control of the employee.
28
Note:
A proceeding under paragraph (1)(b) is a "judicial proceeding" for the
29
purposes of Part III of the Crimes Act 1914.
The Crimes Act
30
prohibits certain conduct in relation to judicial proceedings.
31
Schedule 1 Information gathering powers and secrecy
Clause 4
20 Parliamentary Budget Office Bill 2011 No. , 2011
(2) The Parliamentary Budget Officer may direct that:
1
(a) the information or answers to questions be given either orally
2
or in writing (as the Officer requires);
3
(b) the information or answers to questions be verified or given
4
on oath or affirmation.
5
The oath or affirmation is an oath or affirmation that the
6
information or evidence the person will give will be true, and may
7
be administered by the Officer or by an authorised officer.
8
(3) An employee of an agency must comply with a direction under this
9
clause.
10
Penalty: 30 penalty units.
11
Note 1:
Chapter 2 of the Criminal Code sets out the general principles of
12
criminal responsibility.
13
Note 2:
Section 4AA of the Crimes Act 1914 sets the current value of a
14
penalty unit.
15
(4) A determination under section 39 of this Act may prescribe scales
16
of expenses to be allowed to persons who are required to attend
17
under this clause.
18
(5) In this clause:
19
agency has the same meaning as in the Financial Management and
20
Accountability Act 1997.
21
authorised officer means a person who:
22
(a) is an official within the meaning of the Financial
23
Management and Accountability Act 1997; and
24
(b) is authorised by the Parliamentary Budget Officer, in writing,
25
to exercise powers or perform functions under this clause.
26
4 Confidentiality of information
27
(1) If a person has obtained information in the course of performing a
28
function of the Parliamentary Budget Officer given by this Act or
29
any other Act, the person must not disclose the information except
30
in the course of performing a function given to the Parliamentary
31
Budget Officer by this Act or another Act.
32
Information gathering powers and secrecy Schedule 1
Clause 5
Parliamentary Budget Office Bill 2011 No. , 2011 21
Penalty: Imprisonment for 2 years.
1
Note:
Chapter 2 of the Criminal Code sets out the general principles of
2
criminal responsibility.
3
(2) Subclause (1) does not prevent the Parliamentary Budget Officer
4
from disclosing particular information to the Commissioner of the
5
Australian Federal Police if the Officer is of the opinion that the
6
disclosure is in the public interest.
7
5 Sensitive information not to be included in reports
8
(1) The Parliamentary Budget Officer must not include particular
9
information in a report or advice if:
10
(a) the Officer is of the opinion that disclosure of the information
11
would be contrary to the public interest for any of the reasons
12
set out in subclause (2); or
13
(b) the Attorney-General has issued a certificate to the Officer
14
stating that, in the opinion of the Attorney-General,
15
disclosure of the information would be contrary to the public
16
interest for any of the reasons set out in subclause (2).
17
(2) The reasons are the following:
18
(a) it would prejudice the security, defence or international
19
relations of the Commonwealth;
20
(b) it would involve the disclosure of deliberations or decisions
21
of the Cabinet or of a Committee of the Cabinet;
22
(c) it would prejudice relations between the Commonwealth and
23
a State;
24
(d) it would divulge any information or matter that was
25
communicated in confidence by the Commonwealth to a
26
State, or by a State to the Commonwealth;
27
(e) it would unfairly prejudice the commercial interests of any
28
body or person;
29
(f) any other reason that could form the basis for a claim by the
30
Crown in right of the Commonwealth in a judicial proceeding
31
that the information should not be disclosed.
32
(3) The Parliamentary Budget Officer cannot be required, and is not
33
permitted, to disclose to:
34
Schedule 1 Information gathering powers and secrecy
Clause 5
22 Parliamentary Budget Office Bill 2011 No. , 2011
(a) a House of the Parliament; or
1
(b) a member of a House of the Parliament; or
2
(c) a committee of a House of the Parliament or a joint
3
committee of both Houses of the Parliament;
4
information that subclause (1) prohibits being included in a report
5
or advice.
6
(4) In this clause:
7
State includes a self-governing Territory.
8
Parliamentary Budget Office Bill 2011 No. , 2011 23
1