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This is a Bill, not an Act. For current law, see the Acts databases.
2010-2011-2012-2013
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Parliamentary Service Amendment
(Parliamentary Budget Officer) Bill 2013
No. , 2013
(Treasury)
A Bill for an Act to amend legislation relating to the
Parliamentary Budget Officer, and for related
purposes
i Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2013 No. ,
2013
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Main amendments
3
Parliamentary Service Act 1999
3
Schedule 2--Other amendments
11
Taxation Administration Act 1953
11
Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2013 No. , 2013
1
A Bill for an Act to amend legislation relating to the
1
Parliamentary Budget Officer, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Parliamentary Service Amendment
6
(Parliamentary Budget Officer) Act 2013.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2 Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2013 No. ,
2013
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
and 2
The day after this Act receives the Royal
Assent.
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 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Main amendments Schedule 1
Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2013 No. , 2013
3
Schedule 1
--
Main amendments
1
2
Parliamentary Service Act 1999
3
1 Section 7 (paragraph (b) of the definition of authorised
4
member)
5
Omit "to make or withdraw requests under section 64J", substitute "to
6
act under the provision in which the expression occurs".
7
2 Section 7
8
Insert:
9
designated Parliamentary party, during the caretaker period for a
10
general election, means a political party at least 5 members of
11
which were members of the Parliament of the Commonwealth
12
immediately before the caretaker period.
13
Note:
The Parliamentary Budget Officer may treat 2 or more political parties
14
as a single designated Parliamentary party for the purpose of preparing
15
a post-election report (see subsection 64MA(2)).
16
3 Section 7
17
Insert:
18
polling day, in relation to an election, means the day fixed for
19
polling in the election.
20
4 Section 7
21
Insert:
22
responsible Secretaries has the same meaning as in Schedule 1 to
23
the Charter of Budget Honesty Act 1998.
24
5 After paragraph 64E(1)(d)
25
Insert:
26
(da) after a general election--to report on publicly announced
27
policies of designated Parliamentary parties under
28
section 64MA;
29
Schedule 1 Main amendments
4 Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2013 No. ,
2013
6 Subsection 64G(1)
1
Omit "(within the meaning of Schedule 1 to the Charter of Budget
2
Honesty Act 1998)".
3
7 At the end of subsection 64J(7)
4
Add:
5
Note:
The Parliamentary Budget Officer may also obtain information from
6
Commonwealth bodies for the purpose of costing a policy in response
7
to a request under subsection (2) or (5) (see section 64KA).
8
8 Paragraph 64K(a)
9
Repeal the paragraph, substitute:
10
(a) must ask the responsible Secretaries whether a request has
11
been made under clause 29 of Schedule 1 to the Charter of
12
Budget Honesty Act 1998 in relation to a policy of the
13
Parliamentary party that is the same as, or substantially
14
similar to, the first policy; and
15
9 After section 64K
16
Insert:
17
64KA Caretaker period policy costing requests--
18
information-gathering
19
(1) To help the Parliamentary Budget Officer to prepare a policy
20
costing in response to a request made under subsection 64J(2) or
21
(5) during the caretaker period for a general election, the
22
Parliamentary Budget Officer may request the Head of a
23
Commonwealth body to give information to the Parliamentary
24
Budget Officer.
25
(2) The Parliamentary Budget Officer may make a request under
26
subsection (1):
27
(a) in relation to a policy costing requested before polling day in
28
the election--during the period beginning after the policy
29
costing request was made and ending on the day before
30
polling day; and
31
(b) in relation to a policy costing requested on or after polling
32
day in the election--during the period beginning after the
33
Main amendments Schedule 1
Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2013 No. , 2013
5
policy costing request was made and ending at the end of the
1
caretaker period.
2
(3) If the Head of a Commonwealth body receives a request under
3
subsection (1), the Head must comply with the request in time to
4
allow the information to be taken into account in preparing the
5
relevant policy costing, unless:
6
(a) it is not practicable to do so; or
7
(b) it would be unlawful to do so; or
8
(c) it would require the Head to disclose confidential commercial
9
information; or
10
(d) it would require the Head to disclose information that could
11
prejudice national security.
12
(4) If the Head of a Commonwealth body gives information to the
13
Parliamentary Budget Officer in response to a request made under
14
subsection (1), the Head may request that some or all of the
15
information be kept confidential.
16
Note:
For confidentiality obligations relating to requests made under this
17
subsection, see subsections 64V(4A) and (4B).
18
(5) Nothing in this section is intended to limit any other power of the
19
Parliamentary Budget Officer to obtain information or documents
20
from a Commonwealth body for the purpose of preparing a policy
21
costing in response to a request under subsection 64J(2) or (5).
22
Note:
The Parliamentary Budget Officer may obtain information or
23
documents from a Commonwealth body in accordance with an
24
arrangement in force under subsection 64F(1).
25
(6) Nothing in this section creates rights or duties that are enforceable
26
in judicial or other proceedings.
27
10 After section 64M
28
Insert:
29
64MA Post-election report of election commitments
30
(1) The Parliamentary Budget Officer must, before the end of 30 days
31
after the end of the caretaker period for a general election, prepare
32
a report (the post-election report) setting out:
33
Schedule 1 Main amendments
6 Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2013 No. ,
2013
(a) costings of the publicly announced policies of designated
1
Parliamentary parties included in each list given to the
2
Parliamentary Budget Officer under subsection (3); and
3
(b) for each designated Parliamentary party that gave the
4
Parliamentary Budget Officer a list of policies under
5
subsection (3)--the total combined impact those policies
6
would have on the Commonwealth budget sector and
7
Commonwealth general government sector fiscal estimates
8
for the current financial year and the following 3 financial
9
years.
10
Note 1:
The post-election report does not have to include confidential
11
commercial information or information that could prejudice national
12
security (see subsection (5)).
13
Note 2:
The Parliamentary Budget Officer may obtain information from
14
Commonwealth bodies for the purpose of preparing the post-election
15
report (see section 64MB).
16
Note 3:
The post-election report must be publicly released (see
17
section 64MC).
18
(2) For the purpose of preparing the post-election report, the
19
Parliamentary Budget Officer may treat 2 or more Parliamentary
20
parties as a single designated Parliamentary party if:
21
(a) those parties would, if they had been a single political party
22
during the caretaker period for the election, have been a
23
designated Parliamentary party, as defined in section 7,
24
during that period; and
25
(b) those parties, in writing, jointly request the Parliamentary
26
Budget Officer to do so.
27
(3) Each designated Parliamentary party must, before 5 pm on the day
28
before polling day in the election, give the Parliamentary Budget
29
Officer a list, in writing, of the policies that the party has publicly
30
announced it intends to seek to have implemented after the
31
election.
32
(4) On the day after polling day in the election, the Parliamentary
33
Budget Officer must publicly release:
34
(a) each list of policies given to the Parliamentary Budget
35
Officer under subsection (3); and
36
(b) if a designated Parliamentary party has not given the
37
Parliamentary Budget Officer a list of policies under
38
subsection (3)--a statement to this effect.
39
Main amendments Schedule 1
Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2013 No. , 2013
7
(5) The post-election report does not have to include information that
1
the Parliamentary Budget Officer considers should not be included
2
because:
3
(a) it is confidential commercial information; or
4
(b) its disclosure in the report could prejudice national security.
5
Note:
The post-election report must not include any information given to the
6
Parliamentary Budget Officer by the Head of a Commonwealth body
7
under subsection 64MB(4), if the Head requested that the information
8
be kept confidential under subsection 64MB(5) (see
9
subsection 64V(4A)).
10
(6) If the Parliamentary Budget Officer does not have sufficient
11
information, or has not had sufficient time, to assess the cost of any
12
publicly announced policy included in a list given to the
13
Parliamentary Budget Officer under subsection (3), the
14
Parliamentary Budget Officer may reflect this in the post-election
15
report.
16
64MB Post-election report of election commitments--
17
information-gathering
18
(1) If the Parliamentary Budget Officer needs more information about
19
a publicly announced policy of a designated Parliamentary party
20
for the purpose of preparing a post-election report under
21
section 64MA, the Parliamentary Budget Officer may ask any of
22
the following for that information:
23
(a) an authorised member of the Parliamentary party that
24
announced the policy;
25
(b) any other person who the Parliamentary Budget Officer
26
believes, on reasonable grounds, has been associated with the
27
calculation, review or announcement of the financial
28
implications of the policy.
29
(2) To help the Parliamentary Budget Officer to prepare the
30
post-election report, the Parliamentary Budget Officer may request
31
the Head of a Commonwealth body to give information to the
32
Parliamentary Budget Officer.
33
(3) The Parliamentary Budget Officer may make a request under
34
subsection (2) during the period beginning at the start of the
35
caretaker period for the election to which the post-election report
36
relates and ending 30 days after the end of the caretaker period.
37
Schedule 1 Main amendments
8 Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2013 No. ,
2013
(4) If the Head of a Commonwealth body receives a request under
1
subsection (2), the Head must comply with the request in time to
2
allow the information to be taken into account in preparing the
3
post-election report, unless:
4
(a) it is not practicable to do so; or
5
(b) it would be unlawful to do so; or
6
(c) it would require the Head to disclose confidential commercial
7
information; or
8
(d) it would require the Head to disclose information that could
9
prejudice national security.
10
(5) If the Head of a Commonwealth body gives information to the
11
Parliamentary Budget Officer in response to a request made under
12
subsection (2), the Head may request that some or all of the
13
information be kept confidential.
14
Note:
For confidentiality obligations relating to requests made under this
15
subsection, see subsections 64V(4A) and (4B).
16
(6) As soon as practicable after the end of the caretaker period for the
17
election to which the post-election report relates, the responsible
18
Secretaries must give the Parliamentary Budget Officer any policy
19
costings that have been prepared during the caretaker period under
20
Part 8 of Schedule 1 to the Charter of Budget Honesty Act 1998.
21
(7) If:
22
(a) a policy costing is given to the Parliamentary Budget Officer
23
under subsection (6); and
24
(b) the policy is included in a list given to the Parliamentary
25
Budget Officer under subsection 64MA(3);
26
the Parliamentary Budget Officer may include the policy costing in
27
the report. The Parliamentary Budget Officer is not required to
28
prepare, but is not prevented from preparing, a new costing of the
29
policy for inclusion in the post-election report.
30
(8) Nothing in this section is intended to limit any other power of the
31
Parliamentary Budget Officer to obtain information or documents
32
from a Commonwealth body for the purpose of preparing the
33
post-election report.
34
Note:
The Parliamentary Budget Officer may obtain information or
35
documents from a Commonwealth body in accordance with an
36
arrangement in force under subsection 64F(1).
37
Main amendments Schedule 1
Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2013 No. , 2013
9
(9) Nothing in this section creates rights or duties that are enforceable
1
in judicial or other proceedings.
2
64MC Post-election report of election commitments--public release
3
(1) As soon as practicable after preparing a post-election report under
4
section 64MA, but not later than 30 days after the end of the
5
caretaker period for the general election to which the report relates,
6
the Parliamentary Budget Officer must publicly release the report.
7
(2) At least 48 hours before publicly releasing the post-election report
8
under subsection (1), the Parliamentary Budget Officer must give
9
each designated Parliamentary party that gave the Parliamentary
10
Budget Officer a list of policies under subsection 64MA(3) a copy
11
of the part of the report setting out the costings of those policies
12
and the information required under paragraph 64MA(1)(b) in
13
relation to those policies.
14
(3) The part of the post-election report given to a designated
15
Parliamentary party under subsection (2) must be accompanied by
16
a notice:
17
(a) informing the designated Parliamentary party that the part of
18
the report given to the party must be kept confidential; and
19
(b) requesting the party to give the Parliamentary Budget Officer
20
any comments in relation to the part of the report as soon as
21
practicable.
22
(4) If the Parliamentary Budget Officer is given any comments in
23
relation to the post-election report under paragraph (3)(b), the
24
Parliamentary Budget Officer may, if it is practicable to do so:
25
(a) include the comments in the report; or
26
(b) revise the report to take account of the comments.
27
11 Section 64U (note)
28
Repeal the note, substitute:
29
Note:
See also:
30
(a) subsections 64L(2) and 64LA(2), which require policy costings
31
prepared during a caretaker period for a general election to be
32
publicly released; and
33
(b) section 64MC, which requires a post-election report prepared
34
under section 64MA to be publicly released.
35
Schedule 1 Main amendments
10 Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2013 No.
, 2013
12 After subsection 64V(4)
1
Insert:
2
(4A) An entrusted person must not disclose information given to the
3
Parliamentary Budget Officer by the Head of a Commonwealth
4
body under subsection 64KA(3) or 64MB(4) if the Head requested,
5
under subsection 64KA(4) or 64MB(5) (as the case requires), that
6
the information be kept confidential.
7
(4B) Subsection (4A) does not prevent an entrusted person from
8
disclosing information referred to in that subsection for the purpose
9
for which the information was obtained, but the information must
10
not be further disclosed.
11
Other amendments Schedule 2
Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2013 No. , 2013
11
Schedule 2
--
Other amendments
1
2
Taxation Administration Act 1953
3
1 Subsection 355-65(4) in Schedule 1 (at the end of the table)
4
Add:
5
9
the Parliamentary Budget Officer
(within the meaning of the
Parliamentary Service Act 1999)
is for the purpose of the Parliamentary
Budget Officer performing any of his or
her functions, or exercising any of his or
her powers, under Part 7 of the
Parliamentary Service Act 1999.
6
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