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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENTARY SERVICE AMENDMENT (PARLIAMENTARY BUDGET OFFICER) BILL 2011
2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Parliamentary Service Amendment
(Parliamentary Budget Officer) Bill 2011
No. , 2011
(Treasury)
A Bill for an Act to provide for the appointment
and functions of a Parliamentary Budget Officer
and the establishment of a Parliamentary Budget
Office, and for related purposes
i Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2011 No. ,
2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendment of the Parliamentary Service Act
1999
3
Parliamentary Service Act 1999
3
Schedule 2--Amendment of the Charter of Budget Honesty Act
1998
21
Charter of Budget Honesty Act 1998
21
Schedule 3--Amendment of other Acts
27
Freedom of Information Act 1982
27
Long Service Leave (Commonwealth Employees) Act 1976
27
Remuneration Tribunal Act 1973
27
Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2011 No. , 2011
1
A Bill for an Act to provide for the appointment
1
and functions of a Parliamentary Budget Officer
2
and the establishment of a Parliamentary Budget
3
Office, and for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Parliamentary Service Amendment
7
(Parliamentary Budget Officer) Act 2011.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2 Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2011 No. ,
2011
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provision(s) Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1, 2
and 3
A single day to be fixed by Proclamation.
However, if the provision(s) do not
commence within the period of 6 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedule(s)
10
Each Act that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
15
Amendment of the Parliamentary Service Act 1999 Schedule 1
Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2011 No. , 2011
3
Schedule 1--Amendment of the Parliamentary
1
Service Act 1999
2
3
Parliamentary Service Act 1999
4
1 Section 7
5
Insert:
6
authorised member of a Parliamentary party means:
7
(a) the Leader of the Parliamentary party; or
8
(b) a member of the Parliamentary party authorised, in writing,
9
by the Leader of the Parliamentary party to make or
10
withdraw requests under section 64J.
11
2 Section 7
12
Insert:
13
budget means an annual Commonwealth budget.
14
3 Section 7
15
Insert:
16
caretaker period for a general election has the same meaning as in
17
Schedule 1 to the Charter of Budget Honesty Act 1998.
18
4 Section 7
19
Insert:
20
Commonwealth body means:
21
(a) an Agency within the meaning of the Financial Management
22
and Accountability Act 1997; or
23
(b) the High Court of Australia; or
24
(c) a Commonwealth authority within the meaning of the
25
Commonwealth Authorities and Companies Act 1997; or
26
(d) a Commonwealth company within the meaning of the
27
Commonwealth Authorities and Companies Act 1997.
28
5 Section 7
29
Schedule 1 Amendment of the Parliamentary Service Act 1999
4 Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2011 No. ,
2011
Insert:
1
general election means a general election of the members of the
2
House of Representatives.
3
6 Section 7
4
Insert:
5
independent member, during the caretaker period for a general
6
election, means a person:
7
(a) who is not a member of a Parliamentary party; and
8
(b) who intends to be a candidate in the general election, or in a
9
Senate election held on the same day as the general election,
10
without the endorsement of a political party; and
11
(c) who, immediately before the caretaker period, was a Senator
12
or a Member of the House of Representatives because the
13
person:
14
(i) had been elected to the Senate or the House of
15
Representatives without the endorsement of a political
16
party; or
17
(ii) had been chosen or appointed to fill a casual vacancy to
18
the Senate without the endorsement of a political party.
19
7 Section 7
20
Insert:
21
Joint Committee of Public Accounts and Audit means the Joint
22
Committee of Public Accounts and Audit provided for in the
23
Public Accounts and Audit Committee Act 1951.
24
8 Section 7
25
Insert:
26
Parliamentary Budget Office means the Department of the
27
Parliamentary Budget Office established by subsection 64A(1).
28
9 Section 7
29
Insert:
30
Parliamentary Budget Officer means the holder of the office of
31
Parliamentary Budget Officer established by section 64C.
32
Amendment of the Parliamentary Service Act 1999 Schedule 1
Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2011 No. , 2011
5
10 Section 7
1
Insert:
2
Parliamentary party:
3
(a) means a political party at least one member of which is a
4
member of the Parliament of the Commonwealth; and
5
(b) during a caretaker period for a general election--includes a
6
political party at least one member of which was a member of
7
the Parliament of the Commonwealth immediately before the
8
caretaker period.
9
11 Section 7
10
Insert:
11
political party has the same meaning as in the Commonwealth
12
Electoral Act 1918.
13
12 Section 7 (first definition of Secretary)
14
Omit "and the Clerk of the House of Representatives", substitute ", the
15
Clerk of the House of Representatives and the Parliamentary Budget
16
Officer".
17
13 Section 7 (after paragraph (b) of the second definition of
18
Secretary)
19
Insert:
20
(ba) if the Department is the Parliamentary Budget Office--the
21
Parliamentary Budget Officer; or
22
14 Section 7
23
Insert:
24
Senate election means an election of Senators for a State, the
25
Australian Capital Territory or the Northern Territory.
26
15 Before section 54
27
Insert:
28
Schedule 1 Amendment of the Parliamentary Service Act 1999
6 Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2011 No. ,
2011
Division 1--Departments other than the Parliamentary
1
Budget Office
2
53A Interpretation
3
In this Division:
4
(a) a reference to a Department does not include a reference to
5
the Parliamentary Budget Office; and
6
(b) a reference to a Secretary does not include a reference to the
7
Parliamentary Budget Officer.
8
Note:
Division 2 deals with the Parliamentary Budget Office and the
9
Parliamentary Budget Officer.
10
16 After section 64
11
Insert:
12
Division 2--Parliamentary Budget Office
13
Subdivision A--Establishment, functions etc.
14
64A Department of the Parliamentary Budget Office
15
(1) The Department of the Parliamentary Budget Office is established
16
as a Department of the Parliament by this subsection.
17
Note:
The Department of the Parliamentary Budget Office is referred to in
18
this Act as the Parliamentary Budget Office (see section 7).
19
(2) The Parliamentary Budget Office consists of the Parliamentary
20
Budget Officer, together with Parliamentary Service employees
21
assisting the Parliamentary Budget Officer.
22
64B Purpose of Parliamentary Budget Office
23
The purpose of the Parliamentary Budget Office is to inform the
24
Parliament by providing, in accordance with this Division,
25
independent and non-partisan analysis of the budget cycle, fiscal
26
policy and the financial implications of proposals.
27
Amendment of the Parliamentary Service Act 1999 Schedule 1
Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2011 No. , 2011
7
64C Parliamentary Budget Officer
1
The office of Parliamentary Budget Officer is established by this
2
section.
3
Note:
The Parliamentary Budget Officer is the Secretary of the
4
Parliamentary Budget Office (see section 7).
5
64D Appropriation of Consolidated Revenue Fund
6
The Consolidated Revenue Fund is appropriated for the purposes
7
of the Parliamentary Budget Officer and the Parliamentary Budget
8
Office in the financial year starting on 1 July 2011, to the extent of
9
$6,000,000.
10
64E Functions of Parliamentary Budget Officer
11
(1) The Parliamentary Budget Officer has the following functions:
12
(a) outside the caretaker period for a general election--to
13
prepare policy costings on request by Senators or Members
14
of the House of Representatives under section 64H;
15
(b) during the caretaker period for a general election--to prepare
16
policy costings on request by authorised members of
17
Parliamentary parties or independent members under
18
section 64J;
19
(c) to prepare responses (other than policy costings) to requests
20
relating to the budget by Senators or Members of the House
21
of Representatives;
22
(d) to prepare submissions to inquiries of Parliamentary
23
committees on request by such committees;
24
(e) to conduct, on his or her own initiative (including in
25
anticipation of requests referred to in paragraphs (a) to (d)),
26
research on and analysis of the budget and fiscal policy
27
settings.
28
(2) The Parliamentary Budget Officer's functions under subsection (1)
29
do not include:
30
(a) preparing economic forecasts; or
31
(b) preparing budget estimates (whether at the
32
whole-of-government, agency or program level).
33
Schedule 1 Amendment of the Parliamentary Service Act 1999
8 Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2011 No. ,
2011
Note 1:
Parts 5, 6 and 7 of Schedule 1 to the Charter of Budget Honesty Act
1
1998 provide for certain economic forecasts and budget estimates to
2
be prepared.
3
Note 2:
The Parliamentary Budget Officer can prepare estimates for the
4
Parliamentary Budget Office: see section 64R.
5
(3) In performing his or her functions under subsection (1), the
6
Parliamentary Budget Officer must use the economic forecasts and
7
parameters and fiscal estimates contained in the most recent
8
relevant reports released under Parts 5, 6 and 7 of Schedule 1 to the
9
Charter of Budget Honesty Act 1998.
10
(4) The Parliamentary Budget Officer must perform his or her
11
functions under subsection (1) only for the purpose of the
12
Parliamentary Budget Office referred to in section 64B.
13
64F Arrangements for obtaining information from Commonwealth
14
bodies
15
(1) The Parliamentary Budget Officer may make an arrangement, in
16
writing, with the Head (however described) of a Commonwealth
17
body, or a person authorised by the Head, for the Parliamentary
18
Budget Officer to obtain from the body information and documents
19
relevant to the Parliamentary Budget Officer's functions.
20
(2) Without limiting subsection (1), an arrangement made under that
21
subsection may make provision for the confidentiality of
22
information disclosed or documents provided in accordance with
23
the arrangement.
24
Note:
See subsection 64V(5).
25
(3) The Parliamentary Budget Officer must ensure that an arrangement
26
made under subsection (1) is made publicly available.
27
(4) An arrangement made under subsection (1) is not a legislative
28
instrument.
29
64G Approaches etc. to be used in preparing policy costings
30
(1) The Parliamentary Budget Officer may, with the agreement of the
31
responsible Secretaries (within the meaning of Schedule 1 to the
32
Charter of Budget Honesty Act 1998), issue written principles
33
Amendment of the Parliamentary Service Act 1999 Schedule 1
Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2011 No. , 2011
9
setting out approaches and costing conventions to be used in
1
preparing policy costings under this Division.
2
(2) If no principles are in effect under subsection (1), the
3
Parliamentary Budget Officer must prepare policy costings under
4
this Division using approaches and costing conventions
5
recommended in the most recent guidelines issued under subclause
6
30(1) of Schedule 1 to the Charter of Budget Honesty Act 1998.
7
(3) The Parliamentary Budget Officer must ensure that principles
8
issued under subsection (1) are made publicly available.
9
(4) Principles issued under subsection (1) are not legislative
10
instruments.
11
64H Requests for costing of policies outside caretaker period
12
(1) This section applies at times other than during the caretaker period
13
for a general election.
14
(2) A Senator or a Member of the House of Representatives may
15
request the Parliamentary Budget Officer to prepare a costing of a
16
policy or a proposed policy.
17
(3) A request under subsection (2):
18
(a) must be in writing; and
19
(b) must outline fully the policy to be costed, giving relevant
20
details; and
21
(c) must state the purpose or intention of the policy; and
22
(d) may include a direction to treat the request, the policy costing
23
or any other information relating to the request as
24
confidential.
25
Note:
For confidentiality obligations relating to requests, see subsection
26
64V(2).
27
(4) If the Parliamentary Budget Officer needs more information to cost
28
aspects of a policy, he or she may, in writing, ask the person who
29
requested the costing for that information.
30
(5) A request under subsection (2) may be withdrawn at any time, by
31
notice in writing, by the Senator or the Member of the House of
32
Representatives who made the request.
33
Schedule 1 Amendment of the Parliamentary Service Act 1999
10 Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2011 No.
, 2011
(6) If the Parliamentary Budget Officer does not have sufficient
1
information, or has not had sufficient time, to prepare a policy
2
costing before the next general election, the request for the policy
3
costing is taken to have been withdrawn immediately before the
4
start of the caretaker period for the election.
5
64J Requests for costing of policies during caretaker period
6
(1) This section applies during the caretaker period for a general
7
election.
8
(2) An authorised member of a Parliamentary party may request the
9
Parliamentary Budget Officer to prepare a costing of a publicly
10
announced policy of the Parliamentary party.
11
(3) A request for a costing of a policy of a Parliamentary party is not to
12
be made under subsection (2) before polling day if a member of
13
that party has, during the same caretaker period, requested the
14
preparation of a costing of that policy, or a substantially similar
15
policy, under clause 29 of Schedule 1 to the Charter of Budget
16
Honesty Act 1998.
17
(4) A request for a costing of a policy of a Parliamentary party is not to
18
be made under subsection (2) on or after polling day if a member
19
of that party has, on or after that day, requested the preparation of a
20
costing of that policy, or a substantially similar policy, under
21
clause 29 of Schedule 1 to the Charter of Budget Honesty Act
22
1998.
23
(5) An independent member may request the Parliamentary Budget
24
Officer to prepare a costing of a publicly announced policy of the
25
independent member.
26
(6) A request under subsection (2) or (5) must:
27
(a) be in writing; and
28
(b) outline fully the policy to be costed, giving relevant details;
29
and
30
(c) state the purpose or intention of the policy.
31
(7) If the Parliamentary Budget Officer needs more information to cost
32
aspects of a policy, he or she may, in writing, ask the person who
33
requested the costing for that information.
34
Amendment of the Parliamentary Service Act 1999 Schedule 1
Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2011 No. , 2011
11
(8) An authorised member of a Parliamentary party may, by notice in
1
writing, withdraw a request made under subsection (2) on behalf of
2
the Parliamentary party.
3
(9) An independent member who made a request under subsection (5)
4
may, by notice in writing, withdraw the request.
5
64K Caretaker period policy costing requests--interaction with the
6
Charter of Budget Honesty Act 1998
7
If a request is made under subsection 64J(2) for the costing of a
8
policy of a Parliamentary party (the first policy), the Parliamentary
9
Budget Officer:
10
(a) must ask the responsible Secretaries (within the meaning of
11
Schedule 1 to the Charter of Budget Honesty Act 1998)
12
whether a request has been made under clause 29 of that
13
Schedule in relation to a policy of the Parliamentary party
14
that is the same as, or substantially similar to, the first policy;
15
and
16
(b) if a request has been made under clause 29 of that
17
Schedule--must not prepare a costing of the first policy
18
under this Act.
19
64L Caretaker period policy costing requests made before polling
20
day--public release of requests and costings
21
(1) This section applies in relation to a policy costing request that is
22
made under subsection 64J(2) or (5) before polling day during the
23
caretaker period for a general election.
24
Note:
Section 64LA applies in relation to a policy costing request that is
25
made on or after polling day during the caretaker period for a general
26
election in circumstances where the caretaker period continues after
27
that day.
28
(2) As soon as practicable after the request has been made and before
29
polling day, the Parliamentary Budget Officer must publicly
30
release the request and a costing of the policy.
31
Note:
The obligation in this subsection does not apply to a request that has
32
been withdrawn under subsection 64J(8) or (9).
33
(3) If the Parliamentary Budget Officer does not have sufficient
34
information, or has not had sufficient time, to prepare a policy
35
Schedule 1 Amendment of the Parliamentary Service Act 1999
12 Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2011 No.
, 2011
costing and publicly release the request and the costing before
1
polling day:
2
(a) the Parliamentary Budget Officer must publicly release a
3
statement to that effect before that day; and
4
(b) the request is taken to have been withdrawn on that day; and
5
(c) the Parliamentary Budget Officer is not obliged or authorised
6
to take any further action in relation to the request on or after
7
that day.
8
64LA Caretaker period policy costing requests made on or after
9
polling day--public release of requests and costings
10
(1) This section applies in relation to a policy costing request that is
11
made under subsection 64J(2) or (5) on or after polling day during
12
the caretaker period for a general election in circumstances where
13
the caretaker period continues after that day.
14
(2) As soon as practicable after the request has been made, the
15
Parliamentary Budget Officer must publicly release the request and
16
a costing of the policy.
17
Note:
The obligation in this subsection does not apply to a request that has
18
been withdrawn under subsection 64J(8) or (9).
19
(3) If the Parliamentary Budget Officer does not have sufficient
20
information, or has not had sufficient time, to prepare a policy
21
costing and publicly release the request and the costing before the
22
end of the caretaker period:
23
(a) the Parliamentary Budget Officer must publicly release a
24
statement to that effect as soon as practicable after the end of
25
the caretaker period; and
26
(b) the request is taken to have been withdrawn at the end of the
27
caretaker period; and
28
(c) the Parliamentary Budget Officer is not obliged or authorised
29
to take any further action in relation to the request after the
30
end of the caretaker period.
31
Amendment of the Parliamentary Service Act 1999 Schedule 1
Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2011 No. , 2011
13
64M Requests relating to the budget (other than requests for policy
1
costings)
2
A request referred to in paragraph 64E(1)(c) may include a
3
direction to treat the request, the response to the request or any
4
other information relating to the request as confidential.
5
Note:
For confidentiality obligations relating to requests, see subsection
6
64V(2).
7
64N Responsibility for managing Parliamentary Budget Office
8
(1) The Parliamentary Budget Officer, under the Presiding Officers, is
9
responsible for managing the Parliamentary Budget Office and
10
must advise the Presiding Officers in matters relating to the
11
operation and administration of the Parliamentary Budget Office.
12
(2) The Parliamentary Budget Officer must assist the Presiding
13
Officers to fulfil the Presiding Officers' accountability obligations
14
to the Parliament and provide factual information, as required by
15
the Parliament, in relation to the operation and administration of
16
the Parliamentary Budget Office.
17
64P Restrictions on directions to Parliamentary Budget Officer
18
The Parliamentary Budget Officer is not subject to direction by a
19
Presiding Officer in relation to the performance of a function under
20
subsection 64E(1).
21
64Q Annual work plan for Parliamentary Budget Office
22
(1) The Parliamentary Budget Officer must, in consultation with the
23
Joint Committee of Public Accounts and Audit, prepare a work
24
plan for the Parliamentary Budget Office for each financial year.
25
(2) The work plan must be prepared:
26
(a) for the financial year in which the first Parliamentary Budget
27
Officer is appointed--before the end of 3 months after the
28
appointment; and
29
(b) for each following financial year--before 1 October in the
30
financial year.
31
(3) The work plan must set out:
32
Schedule 1 Amendment of the Parliamentary Service Act 1999
14 Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2011 No.
, 2011
(a) the priorities of the Parliamentary Budget Office for the
1
financial year; and
2
(b) protocols for the allocation of the resources of the
3
Parliamentary Budget Office during the financial year.
4
(4) The Parliamentary Budget Officer must ensure that the work plan
5
is made publicly available.
6
(5) A work plan prepared under subsection (1) is not a legislative
7
instrument.
8
64R Joint Committee of Public Accounts and Audit may request
9
draft estimates
10
(1) The Joint Committee of Public Accounts and Audit (the
11
Committee) may request the Parliamentary Budget Officer to
12
submit to the Committee draft estimates for the Parliamentary
13
Budget Office for a financial year before the budget for that
14
financial year.
15
(2) The Parliamentary Budget Officer must comply with the request in
16
time to allow the Committee to consider the draft estimates and
17
make recommendations on them before the budget.
18
64S Duties of Joint Committee of Public Accounts and Audit
19
(1) The Joint Committee of Public Accounts and Audit (the
20
Committee) has the following duties:
21
(a) to consider work plans for the Parliamentary Budget Office
22
prepared under section 64Q;
23
(b) to consider draft estimates for the Parliamentary Budget
24
Office submitted under section 64R;
25
(c) to make recommendations to both Houses of Parliament, and
26
to the Presiding Officers, on draft estimates referred to in
27
paragraph (b);
28
(d)
to
consider:
29
(i) the operations of the Parliamentary Budget Office; and
30
(ii) the resources of the Parliamentary Budget Office,
31
including funding, staff and information technology;
32
(e) to report to both Houses of the Parliament on any matter
33
arising out of the Committee's consideration of the matters
34
Amendment of the Parliamentary Service Act 1999 Schedule 1
Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2011 No. , 2011
15
referred to in paragraph (d), or on any other matter relating to
1
the Parliamentary Budget Officer's functions and powers,
2
that the Committee considers should be drawn to the
3
attention of the Parliament.
4
Note:
These duties are additional to the duties of the Joint Committee of
5
Public Accounts and Audit under section 8 of the Public Accounts and
6
Audit Committee Act 1951.
7
(2) Nothing in subsection (1) authorises the Committee to direct the
8
activities of the Parliamentary Budget Officer.
9
64T Review of operations of Parliamentary Budget Office
10
(1) After a general election, the Joint Committee of Public Accounts
11
and Audit (the Committee) may request the Parliamentary Budget
12
Officer to cause an independent review of the operations of the
13
Parliamentary Budget Office to be conducted in accordance with
14
the request.
15
(2) The request must specify:
16
(a) the person or body who is to conduct the review; and
17
(b) the scope of the review; and
18
(c) the manner in which the review is to be conducted; and
19
(d) that a report of the review is to be provided to the Committee.
20
(3) In making the request, the Committee must have regard to the
21
resources of the Parliamentary Budget Office.
22
(4) The review must be completed within 9 months after the end of the
23
caretaker period for the election.
24
(5) The Committee must table the report of the review in each House
25
of the Parliament as soon as practicable after receiving it.
26
64U Public release of policy costings etc.
27
The Parliamentary Budget Officer must, subject to section 64V,
28
ensure that the following information and documents are made
29
publicly available:
30
(a) policy costing requests made under section 64H or 64J, and
31
the policy costings prepared by the Parliamentary Budget
32
Officer in response to those requests;
33
Schedule 1 Amendment of the Parliamentary Service Act 1999
16 Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2011 No.
, 2011
(b) any withdrawals of policy costing requests made under
1
section 64H or 64J;
2
(c) requests relating to the budget referred to in paragraph
3
64E(1)(c), and the responses to those requests prepared by
4
the Parliamentary Budget Officer;
5
(d) requests by Parliamentary committees referred to in
6
paragraph 64E(1)(d), and the responses to those requests
7
prepared by the Parliamentary Budget Officer;
8
(e) the results of any other work done in the performance of the
9
functions of the Parliamentary Budget Officer under
10
subsection 64E(1).
11
Note:
See also subsections 64L(2) and 64LA(2), which require policy
12
costings prepared during a caretaker period for a general election to be
13
publicly released.
14
64V Confidentiality
15
(1) In this section:
16
entrusted person means:
17
(a) the Parliamentary Budget Officer; or
18
(b) a Parliamentary Service employee assisting the Parliamentary
19
Budget Officer; or
20
(c) a person acting under the direction or authority of the
21
Parliamentary Budget Officer.
22
(2) An entrusted person must not disclose information relating to a
23
request referred to in paragraph 64E(1)(a) or (c) if the request
24
included a direction under paragraph 64H(3)(d) or section 64M to
25
treat the information as confidential.
26
(3) Subsection (2) does not prevent an entrusted person from
27
disclosing information relating to a request for the purposes of
28
complying with the request.
29
(4) Despite subsection (2) but subject to subsection (5), the
30
Parliamentary Budget Officer may make a public statement to
31
clarify a matter relating to the response to a request referred to in
32
paragraph 64E(1)(a) or (c) if:
33
(a) the request included a direction under paragraph 64H(3)(d) or
34
section 64M to treat information relating to the request as
35
confidential; and
36
Amendment of the Parliamentary Service Act 1999 Schedule 1
Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2011 No. , 2011
17
(b) the Parliamentary Budget Officer is satisfied that it is
1
necessary in the public interest to make the statement.
2
(5) An entrusted person must not disclose information received by the
3
Parliamentary Budget Officer in accordance with an arrangement
4
under subsection 64F(1) if the disclosure of the information would
5
contravene a confidentiality provision in the arrangement.
6
Subdivision B--Parliamentary Budget Officer's appointment,
7
conditions etc.
8
64X Appointment of Parliamentary Budget Officer
9
(1) The Parliamentary Budget Officer is to be appointed by the
10
Presiding Officers, for a term of 4 years.
11
Note:
The Presiding Officers must obtain the approval of the Joint
12
Committee for Public Accounts and Audit before appointing a person
13
as the Parliamentary Budget Officer (see section 64XA).
14
(2) The Parliamentary Budget Officer holds office on a full-time basis.
15
(3) A Parliamentary Budget Officer is eligible for reappointment, but
16
must not hold office for a total of more than 8 years.
17
(4) An appointment is not affected by any defect or irregularity in or in
18
connection with the appointment.
19
64XA Approval of proposed appointment by Joint Committee of
20
Public Accounts and Audit
21
(1) The Presiding Officers must not make an appointment under
22
subsection 64X(1) unless:
23
(a) the Presiding Officers have referred the proposed
24
appointment to the Joint Committee of Public Accounts and
25
Audit (the Committee) for approval; and
26
(b) the Committee has approved the proposal.
27
(2) A referral under paragraph (1)(a) must be in writing and may be
28
withdrawn by the Presiding Officers at any time.
29
(3) If the Presiding Officers refer a proposed appointment to the
30
Committee for approval under paragraph (1)(a), the Committee
31
must:
32
Schedule 1 Amendment of the Parliamentary Service Act 1999
18 Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2011 No.
, 2011
(a) approve or reject the proposal within 14 days after receiving
1
it; or
2
(b) notify the Presiding Officers under subsection (5).
3
(4) The Committee may request the Presiding Officers to provide
4
further information in relation to the proposal.
5
(5) The Committee may notify the Presiding Officers within 14 days
6
after receiving a proposal that it needs more time to consider the
7
proposal. If the Committee does so, the Committee must approve
8
or reject the proposal within 44 days after receiving it.
9
(6) The decision to approve or reject a proposal is to be by a majority
10
of the members of the Committee for the time being holding office.
11
(7) If the Committee does not make a decision on a proposal by the
12
required time, the Committee is taken, at that time, to have
13
approved the proposal.
14
(8) The Committee must notify the Presiding Officers of its decision
15
on a proposal as soon as practicable after making the decision.
16
(9) A notification under this section must be in writing.
17
(10) The Committee must report to both Houses of the Parliament on its
18
decision on a proposal.
19
64XB Remuneration of Parliamentary Budget Officer
20
(1) The Parliamentary Budget Officer is to be paid the remuneration
21
that is determined by the Remuneration Tribunal. If no
22
determination of that remuneration by the Tribunal is in operation,
23
the Parliamentary Budget Officer is to be paid the remuneration
24
that is determined by the Presiding Officers.
25
(2) The Parliamentary Budget Officer is to be paid the allowances that
26
are determined by the Presiding Officers.
27
(3) This section has effect subject to the Remuneration Tribunal Act
28
1973.
29
(4) A determination made by the Presiding Officers under
30
subsection (1) or (2) must be:
31
(a) published in the Gazette within 14 days after it is made; and
32
Amendment of the Parliamentary Service Act 1999 Schedule 1
Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2011 No. , 2011
19
(b) laid before each House of the Parliament as soon as
1
practicable after it is made.
2
64XC Leave of absence
3
(1) The Parliamentary Budget Officer has the recreation leave
4
entitlements that are determined by the Remuneration Tribunal.
5
(2) The Presiding Officers may grant the Parliamentary Budget Officer
6
leave of absence, other than recreation leave, on the terms and
7
conditions as to remuneration or otherwise that the Presiding
8
Officers determine.
9
64XD Resignation
10
(1) The Parliamentary Budget Officer may resign by giving the
11
Presiding Officers a written resignation.
12
(2) The resignation takes effect on the day it is received by the
13
Presiding Officers or, if a later day is specified in the resignation,
14
on that later day.
15
64XE Removal from office
16
(1) The Presiding Officers may remove the Parliamentary Budget
17
Officer from office if each House of the Parliament, in the same
18
session of the Parliament, presents an address to the Presiding
19
Officers praying for the removal of the Parliamentary Budget
20
Officer on the ground of misbehaviour or physical or mental
21
incapacity.
22
(2) The Presiding Officers must remove the Parliamentary Budget
23
Officer from office if the Parliamentary Budget Officer becomes
24
an insolvent under administration.
25
64XF Acting appointments
26
(1) The Presiding Officers may, by written instrument, appoint a
27
person to act as the Parliamentary Budget Officer:
28
(a) during a vacancy in the office of Parliamentary Budget
29
Officer (whether or not an appointment has previously been
30
made to the office); or
31
Schedule 1 Amendment of the Parliamentary Service Act 1999
20 Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2011 No.
, 2011
(b) during any period, or during all periods, when the
1
Parliamentary Budget Officer:
2
(i) is absent from duty or from Australia; or
3
(ii) is, for any reason, unable to perform the duties of the
4
office.
5
(2) Anything done by or in relation to a person purporting to act under
6
an appointment is not invalid merely because:
7
(a) the occasion for the appointment had not arisen; or
8
(b) there was a defect or irregularity in connection with the
9
appointment; or
10
(c) the appointment had ceased to have effect; or
11
(d) the occasion to act had not arisen or had ceased.
12
17 Before section 65
13
Insert:
14
Division 3--Annual report
15
18 At the end of subsection 65A(2)
16
Add:
17
; and (d) the Parliamentary Budget Officer, or an SES employee of the
18
Parliamentary Budget Office nominated by the Presiding
19
Officers in writing.
20
21
Amendment of the Charter of Budget Honesty Act 1998 Schedule 2
Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2011 No. , 2011
21
Schedule 2--Amendment of the Charter of
1
Budget Honesty Act 1998
2
3
Charter of Budget Honesty Act 1998
4
1 Subclause 2(5) of Schedule 1
5
Omit "Secretaries to", substitute "Secretaries of".
6
2 Subclause 2(6) of Schedule 1
7
After "the Opposition", insert "or the Leader of a minority party".
8
3 Subclause 2(6) of Schedule 1
9
Omit "Secretaries to", substitute "Secretaries of".
10
4 Subclause 3(1) of Schedule 1 (definition of caretaker
11
period)
12
Repeal the definition, substitute:
13
caretaker period for a general election means the period starting
14
when the House of Representatives expires or is dissolved, and
15
ending:
16
(a) when it is clear that the Government has been re-elected; or
17
(b) if there is a change of Government, when the new
18
Government has been sworn in.
19
5 Subclause 3(1) of Schedule 1
20
Insert:
21
Department of Finance means the Department administered by the
22
Minister for Finance.
23
6 Subclause 3(1) of Schedule 1
24
Insert:
25
Leader of a minority party means the Leader of a recognised
26
non-Government party of at least 5 members, but does not include
27
the Leader of the Opposition in the House of Representatives or in
28
the Senate.
29
Schedule 2 Amendment of the Charter of Budget Honesty Act 1998
22 Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2011 No.
, 2011
7 Subclause 3(1) of Schedule 1
1
Insert:
2
member means a member of either House of the Parliament.
3
8 Subclause 3(1) of Schedule 1
4
Insert:
5
Minister for Finance means the Minister administering the
6
Financial Management and Accountability Act 1997.
7
9 Subclause 3(1) of Schedule 1
8
Insert:
9
Parliamentary Budget Officer has the same meaning as in the
10
Parliamentary Service Act 1999.
11
10 Subclause 3(1) of Schedule 1
12
Insert:
13
Parliamentary party has the same meaning as in the Parliamentary
14
Service Act 1999.
15
11 Subclause 3(1) of Schedule 1 (definition of responsible
16
Secretaries)
17
Omit "Secretary to" (wherever occurring), substitute "Secretary of".
18
12 Paragraphs 25(b) and (c) of Schedule 1
19
Omit "Secretary to", substitute "Secretary of".
20
13 Paragraph 26(a) of Schedule 1
21
Omit "Secretary to", substitute "Secretary of".
22
14 Subparagraph 26(a)(i) of Schedule 1
23
Before "revenue", insert "tax".
24
15 Subparagraph 26(a)(iii) of Schedule 1
25
Before "revenue", insert "tax".
26
16 Subparagraph 26(a)(iv) of Schedule 1
27
Amendment of the Charter of Budget Honesty Act 1998 Schedule 2
Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2011 No. , 2011
23
After "paragraph 24(1)(d)", insert ", so far as it relates to risks to tax
1
revenue or tax expenditure".
2
17 Subparagraph 26(a)(v) of Schedule 1
3
Repeal the subparagraph.
4
18 Paragraph 26(b) of Schedule 1
5
Omit "Secretary to", substitute "Secretary of".
6
19 Subparagraph 26(b)(i) of Schedule 1
7
After "expenses estimates", insert ", and revenue estimates (other than
8
tax revenue estimates),".
9
20 Subparagraph 26(b)(ii) of Schedule 1
10
After "expenses estimates", insert ", or revenue estimates (other than
11
tax revenue estimates), referred to in subparagraph (i)".
12
21 Subparagraph 26(b)(iii) of Schedule 1
13
Repeal the subparagraph, substitute:
14
(iii) the information required by paragraph 24(1)(d), so far as
15
it relates to risks to outlays or expenses, or revenue
16
(other than tax revenue).
17
22 At the end of subclause 29(1) of Schedule 1
18
Add:
19
; and (c) the Leader of a minority party may, subject to subclause (4),
20
request the responsible Secretaries to prepare costings of
21
publicly announced policies of that party.
22
Note:
If a request to prepare a costing of a policy of a Parliamentary party is
23
made under this clause, and a member of that party makes a later
24
request, under subsection 64J(2) of the Parliamentary Service Act
25
1999, to the Parliamentary Budget Officer to prepare a costing of that
26
policy, or a substantially similar policy, the Parliamentary Budget
27
Officer must not prepare a costing of the policy under that Act: see
28
section 64K of that Act.
29
23 After subclause 29(1) of Schedule 1
30
Insert:
31
(1A) A request for a costing of a policy of a Parliamentary party is not to
32
be made under subclause (1) before polling day during the
33
Schedule 2 Amendment of the Charter of Budget Honesty Act 1998
24 Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2011 No.
, 2011
caretaker period if a member of that party has, during the same
1
caretaker period, requested the Parliamentary Budget Officer to
2
prepare a costing of that policy, or a substantially similar policy,
3
under Division 2 of Part 7 of the Parliamentary Service Act 1999.
4
(1B) A request for a costing of a policy of a Parliamentary party is not to
5
be made under subclause (1) on or after polling day during the
6
caretaker period if a member of that party has, on or after that day,
7
requested the Parliamentary Budget Officer to prepare a costing of
8
that policy, or a substantially similar policy, under Division 2 of
9
Part 7 of the Parliamentary Service Act 1999.
10
24 Subclause 29(4) of Schedule 1
11
After "Leader of the Opposition", insert ", or the Leader of a minority
12
party,".
13
25 Subclause 29(5) of Schedule 1
14
Omit "or the Leader of the Opposition", substitute ", the Leader of the
15
Opposition or the Leader of a minority party".
16
26 Subclause 29(5) of Schedule 1
17
After "by the Leader of the Opposition", insert ", or the Leader of a
18
minority party,".
19
27 Paragraph 30(2)(a) of Schedule 1
20
Omit "Secretary to", substitute "Secretary of".
21
28 Paragraph 30(2)(a) of Schedule 1
22
Before "revenue", insert "tax".
23
29 Paragraph 30(2)(b) of Schedule 1
24
Omit "Secretary to", substitute "Secretary of".
25
30 At the end of paragraph 30(2)(b) of Schedule 1
26
Add "or revenue (other than tax revenue)".
27
31 Subclause 30(3) of Schedule 1
28
Omit "or the Leader of the Opposition", substitute ", the Leader of the
29
Opposition or the Leader of a minority party".
30
Amendment of the Charter of Budget Honesty Act 1998 Schedule 2
Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2011 No. , 2011
25
32 Clause 31 of Schedule 1
1
Repeal the clause, substitute:
2
31 Public release of requests and costings--requests made before
3
polling day
4
(1) This clause applies in relation to a policy costing request that is
5
made before polling day during the caretaker period for a general
6
election.
7
Note:
Clause 31A applies in relation to a policy costing request that is made
8
on or after polling day during the caretaker period for a general
9
election in circumstances where the caretaker period continues after
10
that day.
11
(2) As soon as practicable after the request has been made and before
12
polling day, either or both of the responsible Secretaries are to
13
publicly release the request and a costing of the policy.
14
Note 1:
Whether a policy costing request and costing has to be released by
15
either or both of the responsible Secretaries depends on the division of
16
responsibilities set out in subclause 30(2).
17
Note 2:
The obligation in this subclause does not apply to a request that has
18
been withdrawn under subclause 29(5).
19
(3) If a responsible Secretary does not have sufficient information, or
20
has not had sufficient time, to prepare a policy costing and publicly
21
release the request and the costing before polling day:
22
(a) the Secretary is to publicly release a statement to that effect
23
before that day; and
24
(b) the request is taken to have been withdrawn on that day; and
25
(c) the Secretary is not obliged or authorised to take any further
26
action in relation to the request on or after that day.
27
31A Public release of requests and costings--requests made on or
28
after polling day
29
(1) This clause applies in relation to a policy costing request that is
30
made on or after polling day during the caretaker period for a
31
general election in circumstances where the caretaker period
32
continues after that day.
33
Schedule 2 Amendment of the Charter of Budget Honesty Act 1998
26 Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2011 No.
, 2011
(2) As soon as practicable after the request has been made, either or
1
both of the responsible Secretaries are to publicly release the
2
request and a costing of the policy.
3
Note 1:
Whether a policy costing request and costing has to be released by
4
either or both of the responsible Secretaries depends on the division of
5
responsibilities set out in subclause 30(2).
6
Note 2:
The obligation in this subclause does not apply to a request that has
7
been withdrawn under subclause 29(5).
8
(3) If a responsible Secretary does not have sufficient information, or
9
has not had sufficient time, to prepare a policy costing and publicly
10
release the request and the costing before the end of the caretaker
11
period:
12
(a) the Secretary is to publicly release a statement to that effect
13
as soon as practicable after the end of the caretaker period;
14
and
15
(b) the request is taken to have been withdrawn at the end of the
16
caretaker period; and
17
(c) the Secretary is not obliged or authorised to take any further
18
action in relation to the request after the end of the caretaker
19
period.
20
33 Clause 32 of Schedule 1 (heading)
21
Repeal the heading, substitute:
22
32 Commonwealth bodies to provide information to help prepare
23
policy costings
24
25
Amendment of other Acts Schedule 3
Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2011 No. , 2011
27
Schedule 3--Amendment of other Acts
1
2
Freedom of Information Act 1982
3
1 Subsection 4(1)
4
Insert:
5
Parliamentary Budget Office has the same meaning as in the
6
Parliamentary Service Act 1999.
7
2 Subsection 4(1)
8
Insert:
9
Parliamentary Budget Officer has the same meaning as in the
10
Parliamentary Service Act 1999.
11
3 At the end of Division 1 of Part I of Schedule 2
12
Add:
13
Parliamentary Budget Office
Parliamentary Budget Officer
Long Service Leave (Commonwealth Employees) Act 1976
14
4 After paragraph 9B(4)(c)
15
Insert:
16
(ca) the Parliamentary Budget Officer appointed under
17
section 64X of that Act;
18
Remuneration Tribunal Act 1973
19
5 At the end of paragraph 5(2D)(c)
20
Add "(other than the Parliamentary Budget Officer)".
21