{"id":"C2011A00170","name":"Parliamentary Service Amendment (Parliamentary Budget Officer) Act 2011","slug":"parliamentary-service-amendment-parliamentary-budget-officer-act-2011","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"170 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":8263,"registerId":"commonwealth-C2011A00170-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Parliamentary Service Amendment (Parliamentary Budget Officer) Act 2011","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nParliamentary Service Amendment (Parliamentary Budget Officer) Act 2011\n\n \n\nNo. 170, 2011\n\n \n\n \n\n \n\n \n\n \n\nAn 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\n\n \n\n \n\nContents\n\n1 Short title\n\n2 Commencement\n\n3 Schedule(s)\n\nSchedule 1—Amendment of the Parliamentary Service Act 1999\n\nParliamentary Service Act 1999\n\nSchedule 2—Amendment of the Charter of Budget Honesty Act 1998\n\nCharter of Budget Honesty Act 1998\n\nSchedule 3—Amendment of other Acts\n\nFreedom of Information Act 1982\n\nLong Service Leave (Commonwealth Employees) Act 1976\n\nRemuneration Tribunal Act 1973\n\n \n\n![](image.001.png)\n\n \n\n \n\nParliamentary Service Amendment (Parliamentary Budget Officer) Act 2011\n\nNo. 170, 2011\n\n \n\n \n\n \n\nAn 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\n\n[Assented to 4 December 2011]\n\nThe Parliament of Australia enacts:\n\n1  Short title\n\n  This Act may be cited as the Parliamentary Service Amendment (Parliamentary Budget Officer) Act 2011.\n\n2  Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provision(s) Commencement Date/Details\n- 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 4 December 2011\n- 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. 15 February 2012 (see F2012L00277)\n\n\nNote:  This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n3  Schedule(s)\n\n  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.\n\n\n\n\nSchedule 1—Amendment of the Parliamentary Service Act 1999\n\n \n\nParliamentary Service Act 1999\n\n1  Section 7\n\nInsert:\n\nauthorised member of a Parliamentary party means:\n\n (a) the Leader of the Parliamentary party; or\n\n (b) a member of the Parliamentary party authorised, in writing, by the Leader of the Parliamentary party to make or withdraw requests under section 64J.\n\n2  Section 7\n\nInsert:\n\nbudget means an annual Commonwealth budget.\n\n3  Section 7\n\nInsert:\n\ncaretaker period for a general election has the same meaning as in Schedule 1 to the Charter of Budget Honesty Act 1998.\n\n4  Section 7\n\nInsert:\n\nCommonwealth body means:\n\n (a) an Agency within the meaning of the Financial Management and Accountability Act 1997; or\n\n (b) the High Court of Australia; or\n\n (c) a Commonwealth authority within the meaning of the Commonwealth Authorities and Companies Act 1997; or\n\n (d) a Commonwealth company within the meaning of the Commonwealth Authorities and Companies Act 1997.\n\n5  Section 7\n\nInsert:\n\ngeneral election means a general election of the members of the House of Representatives.\n\n6  Section 7\n\nInsert:\n\nindependent member, during the caretaker period for a general election, means a person:\n\n (a) who is not a member of a Parliamentary party; and\n\n (b) who intends to be a candidate in the general election, or in a Senate election held on the same day as the general election, without the endorsement of a political party; and\n\n (c) who, immediately before the caretaker period, was a Senator or a Member of the House of Representatives because the person:\n\n (i) had been elected to the Senate or the House of Representatives without the endorsement of a political party; or\n\n (ii) had been chosen or appointed to fill a casual vacancy to the Senate without the endorsement of a political party.\n\n7  Section 7\n\nInsert:\n\nJoint Committee of Public Accounts and Audit means the Joint Committee of Public Accounts and Audit provided for in the Public Accounts and Audit Committee Act 1951.\n\n8  Section 7\n\nInsert:\n\nParliamentary Budget Office means the Department of the Parliamentary Budget Office established by subsection 64A(1).\n\n9  Section 7\n\nInsert:\n\nParliamentary Budget Officer means the holder of the office of Parliamentary Budget Officer established by section 64C.\n\n10  Section 7\n\nInsert:\n\nParliamentary party:\n\n (a) means a political party at least one member of which is a member of the Parliament of the Commonwealth; and\n\n (b) during a caretaker period for a general election—includes a political party at least one member of which was a member of the Parliament of the Commonwealth immediately before the caretaker period.\n\n11  Section 7\n\nInsert:\n\npolitical party has the same meaning as in the Commonwealth Electoral Act 1918.\n\n12  Section 7 (first definition of Secretary)\n\nOmit “and the Clerk of the House of Representatives”, substitute “, the Clerk of the House of Representatives and the Parliamentary Budget Officer”.\n\n13  Section 7 (after paragraph (b) of the second definition of Secretary)\n\nInsert:\n\n (ba) if the Department is the Parliamentary Budget Office—the Parliamentary Budget Officer; or\n\n14  Section 7\n\nInsert:\n\nSenate election means an election of Senators for a State, the Australian Capital Territory or the Northern Territory.\n\n15  Before section 54\n\nInsert:\n\nDivision 1—Departments other than the Parliamentary Budget Office\n\n53A  Interpretation\n\n  In this Division:\n\n (a) a reference to a Department does not include a reference to the Parliamentary Budget Office; and\n\n (b) a reference to a Secretary does not include a reference to the Parliamentary Budget Officer.\n\nNote: Division 2 deals with the Parliamentary Budget Office and the Parliamentary Budget Officer.\n\n16  After section 64\n\nInsert:\n\nDivision 2—Parliamentary Budget Office\n\nSubdivision A—Establishment, functions etc.\n\n64A  Department of the Parliamentary Budget Office\n\n (1) The Department of the Parliamentary Budget Office is established as a Department of the Parliament by this subsection.\n\nNote: The Department of the Parliamentary Budget Office is referred to in this Act as the Parliamentary Budget Office (see section 7).\n\n (2) The Parliamentary Budget Office consists of the Parliamentary Budget Officer, together with Parliamentary Service employees assisting the Parliamentary Budget Officer.\n\n64B  Purpose of Parliamentary Budget Office\n\n  The purpose of the Parliamentary Budget Office is to inform the Parliament by providing, in accordance with this Division, independent and non‑partisan analysis of the budget cycle, fiscal policy and the financial implications of proposals.\n\n64C  Parliamentary Budget Officer\n\n  The office of Parliamentary Budget Officer is established by this section.\n\nNote: The Parliamentary Budget Officer is the Secretary of the Parliamentary Budget Office (see section 7).\n\n64D  Appropriation of Consolidated Revenue Fund\n\n  The Consolidated Revenue Fund is appropriated for the purposes of the Parliamentary Budget Officer and the Parliamentary Budget Office in the financial year starting on 1 July 2011, to the extent of $6,000,000.\n\n64E  Functions of Parliamentary Budget Officer\n\n (1) The Parliamentary Budget Officer has the following functions:\n\n (a) outside the caretaker period for a general election—to prepare policy costings on request by Senators or Members of the House of Representatives under section 64H;\n\n (b) during the caretaker period for a general election—to prepare policy costings on request by authorised members of Parliamentary parties or independent members under section 64J;\n\n (c) to prepare responses (other than policy costings) to requests relating to the budget by Senators or Members of the House of Representatives;\n\n (d) to prepare submissions to inquiries of Parliamentary committees on request by such committees;\n\n (e) to conduct, on his or her own initiative (including in anticipation of requests referred to in paragraphs (a) to (d)), research on and analysis of the budget and fiscal policy settings.\n\n (2) The Parliamentary Budget Officer’s functions under subsection (1) do not include:\n\n (a) preparing economic forecasts; or\n\n (b) preparing budget estimates (whether at the whole‑of‑government, agency or program level).\n\nNote 1: Parts 5, 6 and 7 of Schedule 1 to the Charter of Budget Honesty Act 1998 provide for certain economic forecasts and budget estimates to be prepared.\n\nNote 2: The Parliamentary Budget Officer can prepare estimates for the Parliamentary Budget Office: see section 64R.\n\n (3) In performing his or her functions under subsection (1), the Parliamentary Budget Officer must use the economic forecasts and parameters and fiscal estimates contained in the most recent relevant reports released under Parts 5, 6 and 7 of Schedule 1 to the Charter of Budget Honesty Act 1998.\n\n (4) The Parliamentary Budget Officer must perform his or her functions under subsection (1) only for the purpose of the Parliamentary Budget Office referred to in section 64B.\n\n64F  Arrangements for obtaining information from Commonwealth bodies\n\n (1) The Parliamentary Budget Officer may make an arrangement, in writing, with the Head (however described) of a Commonwealth body, or a person authorised by the Head, for the Parliamentary Budget Officer to obtain from the body information and documents relevant to the Parliamentary Budget Officer’s functions.\n\n (2) Without limiting subsection (1), an arrangement made under that subsection may make provision for the confidentiality of information disclosed or documents provided in accordance with the arrangement.\n\nNote: See subsection 64V(5).\n\n (3) The Parliamentary Budget Officer must ensure that an arrangement made under subsection (1) is made publicly available.\n\n (4) An arrangement made under subsection (1) is not a legislative instrument.\n\n64G  Approaches etc. to be used in preparing policy costings\n\n (1) The Parliamentary Budget Officer may, with the agreement of the responsible Secretaries (within the meaning of Schedule 1 to the Charter of Budget Honesty Act 1998), issue written principles setting out approaches and costing conventions to be used in preparing policy costings under this Division.\n\n (2) If no principles are in effect under subsection (1), the Parliamentary Budget Officer must prepare policy costings under this Division using approaches and costing conventions recommended in the most recent guidelines issued under subclause 30(1) of Schedule 1 to the Charter of Budget Honesty Act 1998.\n\n (3) The Parliamentary Budget Officer must ensure that principles issued under subsection (1) are made publicly available.\n\n (4) Principles issued under subsection (1) are not legislative instruments.\n\n64H  Requests for costing of policies outside caretaker period\n\n (1) This section applies at times other than during the caretaker period for a general election.\n\n (2) A Senator or a Member of the House of Representatives may request the Parliamentary Budget Officer to prepare a costing of a policy or a proposed policy.\n\n (3) A request under subsection (2):\n\n (a) must be in writing; and\n\n (b) must outline fully the policy to be costed, giving relevant details; and\n\n (c) must state the purpose or intention of the policy; and\n\n (d) may include a direction to treat the request, the policy costing or any other information relating to the request as confidential.\n\nNote: For confidentiality obligations relating to requests, see subsection 64V(2).\n\n (4) If the Parliamentary Budget Officer needs more information to cost aspects of a policy, he or she may, in writing, ask the person who requested the costing for that information.\n\n (5) A request under subsection (2) may be withdrawn at any time, by notice in writing, by the Senator or the Member of the House of Representatives who made the request.\n\n (6) If the Parliamentary Budget Officer does not have sufficient information, or has not had sufficient time, to prepare a policy costing before the next general election, the request for the policy costing is taken to have been withdrawn immediately before the start of the caretaker period for the election.\n\n64J  Requests for costing of policies during caretaker period\n\n (1) This section applies during the caretaker period for a general election.\n\n (2) An authorised member of a Parliamentary party may request the Parliamentary Budget Officer to prepare a costing of a publicly announced policy of the Parliamentary party.\n\n (3) A request for a costing of a policy of a Parliamentary party is not to be made under subsection (2) before polling day if a member of that party has, during the same caretaker period, requested the preparation of a costing of that policy, or a substantially similar policy, under clause 29 of Schedule 1 to the Charter of Budget Honesty Act 1998.\n\n (4) A request for a costing of a policy of a Parliamentary party is not to be made under subsection (2) on or after polling day if a member of that party has, on or after that day, requested the preparation of a costing of that policy, or a substantially similar policy, under clause 29 of Schedule 1 to the Charter of Budget Honesty Act 1998.\n\n (5) An independent member may request the Parliamentary Budget Officer to prepare a costing of a publicly announced policy of the independent member.\n\n (6) A request under subsection (2) or (5) must:\n\n (a) be in writing; and\n\n (b) outline fully the policy to be costed, giving relevant details; and\n\n (c) state the purpose or intention of the policy.\n\n (7) If the Parliamentary Budget Officer needs more information to cost aspects of a policy, he or she may, in writing, ask the person who requested the costing for that information.\n\n (8) An authorised member of a Parliamentary party may, by notice in writing, withdraw a request made under subsection (2) on behalf of the Parliamentary party.\n\n (9) An independent member who made a request under subsection (5) may, by notice in writing, withdraw the request.\n\n64K  Caretaker period policy costing requests—interaction with the Charter of Budget Honesty Act 1998\n\n  If a request is made under subsection 64J(2) for the costing of a policy of a Parliamentary party (the first policy), the Parliamentary Budget Officer:\n\n (a) must ask the responsible Secretaries (within the meaning of Schedule 1 to the Charter of Budget Honesty Act 1998) whether a request has been made under clause 29 of that Schedule in relation to a policy of the Parliamentary party that is the same as, or substantially similar to, the first policy; and\n\n (b) if a request has been made under clause 29 of that Schedule—must not prepare a costing of the first policy under this Act.\n\n64L  Caretaker period policy costing requests made before polling day—public release of requests and costings\n\n (1) This section applies in relation to a policy costing request that is made under subsection 64J(2) or (5) before polling day during the caretaker period for a general election.\n\nNote: Section 64LA applies in relation to a policy costing request that is made on or after polling day during the caretaker period for a general election in circumstances where the caretaker period continues after that day.\n\n (2) As soon as practicable after the request has been made and before polling day, the Parliamentary Budget Officer must publicly release the request and a costing of the policy.\n\nNote: The obligation in this subsection does not apply to a request that has been withdrawn under subsection 64J(8) or (9).\n\n (3) If the Parliamentary Budget Officer does not have sufficient information, or has not had sufficient time, to prepare a policy costing and publicly release the request and the costing before polling day:\n\n (a) the Parliamentary Budget Officer must publicly release a statement to that effect before that day; and\n\n (b) the request is taken to have been withdrawn on that day; and\n\n (c) the Parliamentary Budget Officer is not obliged or authorised to take any further action in relation to the request on or after that day.\n\n64LA  Caretaker period policy costing requests made on or after polling day—public release of requests and costings\n\n (1) This section applies in relation to a policy costing request that is made under subsection 64J(2) or (5) on or after polling day during the caretaker period for a general election in circumstances where the caretaker period continues after that day.\n\n (2) As soon as practicable after the request has been made, the Parliamentary Budget Officer must publicly release the request and a costing of the policy.\n\nNote: The obligation in this subsection does not apply to a request that has been withdrawn under subsection 64J(8) or (9).\n\n (3) If the Parliamentary Budget Officer does not have sufficient information, or has not had sufficient time, to prepare a policy costing and publicly release the request and the costing before the end of the caretaker period:\n\n (a) the Parliamentary Budget Officer must publicly release a statement to that effect as soon as practicable after the end of the caretaker period; and\n\n (b) the request is taken to have been withdrawn at the end of the caretaker period; and\n\n (c) the Parliamentary Budget Officer is not obliged or authorised to take any further action in relation to the request after the end of the caretaker period.\n\n64M  Requests relating to the budget (other than requests for policy costings)\n\n  A request referred to in paragraph 64E(1)(c) may include a direction to treat the request, the response to the request or any other information relating to the request as confidential.\n\nNote: For confidentiality obligations relating to requests, see subsection 64V(2).\n\n64N  Responsibility for managing Parliamentary Budget Office\n\n (1) The Parliamentary Budget Officer, under the Presiding Officers, is responsible for managing the Parliamentary Budget Office and must advise the Presiding Officers in matters relating to the operation and administration of the Parliamentary Budget Office.\n\n (2) The Parliamentary Budget Officer must assist the Presiding Officers to fulfil the Presiding Officers’ accountability obligations to the Parliament and provide factual information, as required by the Parliament, in relation to the operation and administration of the Parliamentary Budget Office.\n\n64P  Restrictions on directions to Parliamentary Budget Officer\n\n  The Parliamentary Budget Officer is not subject to direction by a Presiding Officer in relation to the performance of a function under subsection 64E(1).\n\n64Q  Annual work plan for Parliamentary Budget Office\n\n (1) The Parliamentary Budget Officer must, in consultation with the Joint Committee of Public Accounts and Audit, prepare a work plan for the Parliamentary Budget Office for each financial year.\n\n (2) The work plan must be prepared:\n\n (a) for the financial year in which the first Parliamentary Budget Officer is appointed—before the end of 3 months after the appointment; and\n\n (b) for each following financial year—before 1 October in the financial year.\n\n (3) The work plan must set out:\n\n (a) the priorities of the Parliamentary Budget Office for the financial year; and\n\n (b) protocols for the allocation of the resources of the Parliamentary Budget Office during the financial year.\n\n (4) The Parliamentary Budget Officer must ensure that the work plan is made publicly available.\n\n (5) A work plan prepared under subsection (1) is not a legislative instrument.\n\n64R  Joint Committee of Public Accounts and Audit may request draft estimates\n\n (1) The Joint Committee of Public Accounts and Audit (the Committee) may request the Parliamentary Budget Officer to submit to the Committee draft estimates for the Parliamentary Budget Office for a financial year before the budget for that financial year.\n\n (2) The Parliamentary Budget Officer must comply with the request in time to allow the Committee to consider the draft estimates and make recommendations on them before the budget.\n\n64S  Duties of Joint Committee of Public Accounts and Audit\n\n (1) The Joint Committee of Public Accounts and Audit (the Committee) has the following duties:\n\n (a) to consider work plans for the Parliamentary Budget Office prepared under section 64Q;\n\n (b) to consider draft estimates for the Parliamentary Budget Office submitted under section 64R;\n\n (c) to make recommendations to both Houses of Parliament, and to the Presiding Officers, on draft estimates referred to in paragraph (b);\n\n (d) to consider:\n\n (i) the operations of the Parliamentary Budget Office; and\n\n (ii) the resources of the Parliamentary Budget Office, including funding, staff and information technology;\n\n (e) to report to both Houses of the Parliament on any matter arising out of the Committee’s consideration of the matters referred to in paragraph (d), or on any other matter relating to the Parliamentary Budget Officer’s functions and powers, that the Committee considers should be drawn to the attention of the Parliament.\n\nNote: These duties are additional to the duties of the Joint Committee of Public Accounts and Audit under section 8 of the Public Accounts and Audit Committee Act 1951.\n\n (2) Nothing in subsection (1) authorises the Committee to direct the activities of the Parliamentary Budget Officer.\n\n64T  Review of operations of Parliamentary Budget Office\n\n (1) After a general election, the Joint Committee of Public Accounts and Audit (the Committee) may request the Parliamentary Budget Officer to cause an independent review of the operations of the Parliamentary Budget Office to be conducted in accordance with the request.\n\n (2) The request must specify:\n\n (a) the person or body who is to conduct the review; and\n\n (b) the scope of the review; and\n\n (c) the manner in which the review is to be conducted; and\n\n (d) that a report of the review is to be provided to the Committee.\n\n (3) In making the request, the Committee must have regard to the resources of the Parliamentary Budget Office.\n\n (4) The review must be completed within 9 months after the end of the caretaker period for the election.\n\n (5) The Committee must table the report of the review in each House of the Parliament as soon as practicable after receiving it.\n\n64U  Public release of policy costings etc.\n\n  The Parliamentary Budget Officer must, subject to section 64V, ensure that the following information and documents are made publicly available:\n\n (a) policy costing requests made under section 64H or 64J, and the policy costings prepared by the Parliamentary Budget Officer in response to those requests;\n\n (b) any withdrawals of policy costing requests made under section 64H or 64J;\n\n (c) requests relating to the budget referred to in paragraph 64E(1)(c), and the responses to those requests prepared by the Parliamentary Budget Officer;\n\n (d) requests by Parliamentary committees referred to in paragraph 64E(1)(d), and the responses to those requests prepared by the Parliamentary Budget Officer;\n\n (e) the results of any other work done in the performance of the functions of the Parliamentary Budget Officer under subsection 64E(1).\n\nNote: See also subsections 64L(2) and 64LA(2), which require policy costings prepared during a caretaker period for a general election to be publicly released.\n\n64V  Confidentiality\n\n (1) In this section:\n\nentrusted person means:\n\n (a) the Parliamentary Budget Officer; or\n\n (b) a Parliamentary Service employee assisting the Parliamentary Budget Officer; or\n\n (c) a person acting under the direction or authority of the Parliamentary Budget Officer.\n\n (2) An entrusted person must not disclose information relating to a request referred to in paragraph 64E(1)(a) or (c) if the request included a direction under paragraph 64H(3)(d) or section 64M to treat the information as confidential.\n\n (3) Subsection (2) does not prevent an entrusted person from disclosing information relating to a request for the purposes of complying with the request.\n\n (4) Despite subsection (2) but subject to subsection (5), the Parliamentary Budget Officer may make a public statement to clarify a matter relating to the response to a request referred to in paragraph 64E(1)(a) or (c) if:\n\n (a) the request included a direction under paragraph 64H(3)(d) or section 64M to treat information relating to the request as confidential; and\n\n (b) the Parliamentary Budget Officer is satisfied that it is necessary in the public interest to make the statement.\n\n (5) An entrusted person must not disclose information received by the Parliamentary Budget Officer in accordance with an arrangement under subsection 64F(1) if the disclosure of the information would contravene a confidentiality provision in the arrangement.\n\nSubdivision B—Parliamentary Budget Officer’s appointment, conditions etc.\n\n64X  Appointment of Parliamentary Budget Officer\n\n (1) The Parliamentary Budget Officer is to be appointed by the Presiding Officers, for a term of 4 years.\n\nNote: The Presiding Officers must obtain the approval of the Joint Committee for Public Accounts and Audit before appointing a person as the Parliamentary Budget Officer (see section 64XA).\n\n (2) The Parliamentary Budget Officer holds office on a full‑time basis.\n\n (3) A Parliamentary Budget Officer is eligible for reappointment, but must not hold office for a total of more than 8 years.\n\n (4) An appointment is not affected by any defect or irregularity in or in connection with the appointment.\n\n64XA  Approval of proposed appointment by Joint Committee of Public Accounts and Audit\n\n (1) The Presiding Officers must not make an appointment under subsection 64X(1) unless:\n\n (a) the Presiding Officers have referred the proposed appointment to the Joint Committee of Public Accounts and Audit (the Committee) for approval; and\n\n (b) the Committee has approved the proposal.\n\n (2) A referral under paragraph (1)(a) must be in writing and may be withdrawn by the Presiding Officers at any time.\n\n (3) If the Presiding Officers refer a proposed appointment to the Committee for approval under paragraph (1)(a), the Committee must:\n\n (a) approve or reject the proposal within 14 days after receiving it; or\n\n (b) notify the Presiding Officers under subsection (5).\n\n (4) The Committee may request the Presiding Officers to provide further information in relation to the proposal.\n\n (5) The Committee may notify the Presiding Officers within 14 days after receiving a proposal that it needs more time to consider the proposal. If the Committee does so, the Committee must approve or reject the proposal within 44 days after receiving it.\n\n (6) The decision to approve or reject a proposal is to be by a majority of the members of the Committee for the time being holding office.\n\n (7) If the Committee does not make a decision on a proposal by the required time, the Committee is taken, at that time, to have approved the proposal.\n\n (8) The Committee must notify the Presiding Officers of its decision on a proposal as soon as practicable after making the decision.\n\n (9) A notification under this section must be in writing.\n\n (10) The Committee must report to both Houses of the Parliament on its decision on a proposal.\n\n64XB  Remuneration of Parliamentary Budget Officer\n\n (1) The Parliamentary Budget Officer is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Parliamentary Budget Officer is to be paid the remuneration that is determined by the Presiding Officers.\n\n (2) The Parliamentary Budget Officer is to be paid the allowances that are determined by the Presiding Officers.\n\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n (4) A determination made by the Presiding Officers under subsection (1) or (2) must be:\n\n (a) published in the Gazette within 14 days after it is made; and\n\n (b) laid before each House of the Parliament as soon as practicable after it is made.\n\n64XC  Leave of absence\n\n (1) The Parliamentary Budget Officer has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n\n (2) The Presiding Officers may grant the Parliamentary Budget Officer leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Presiding Officers determine.\n\n64XD  Resignation\n\n (1) The Parliamentary Budget Officer may resign by giving the Presiding Officers a written resignation.\n\n (2) The resignation takes effect on the day it is received by the Presiding Officers or, if a later day is specified in the resignation, on that later day.\n\n64XE  Removal from office\n\n (1) The Presiding Officers may remove the Parliamentary Budget Officer from office if each House of the Parliament, in the same session of the Parliament, presents an address to the Presiding Officers praying for the removal of the Parliamentary Budget Officer on the ground of misbehaviour or physical or mental incapacity.\n\n (2) The Presiding Officers must remove the Parliamentary Budget Officer from office if the Parliamentary Budget Officer becomes an insolvent under administration.\n\n64XF  Acting appointments\n\n (1) The Presiding Officers may, by written instrument, appoint a person to act as the Parliamentary Budget Officer:\n\n (a) during a vacancy in the office of Parliamentary Budget Officer (whether or not an appointment has previously been made to the office); or\n\n (b) during any period, or during all periods, when the Parliamentary Budget Officer:\n\n (i) is absent from duty or from Australia; or\n\n (ii) is, for any reason, unable to perform the duties of the office.\n\n (2) Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because:\n\n (a) the occasion for the appointment had not arisen; or\n\n (b) there was a defect or irregularity in connection with the appointment; or\n\n (c) the appointment had ceased to have effect; or\n\n (d) the occasion to act had not arisen or had ceased.\n\n17  Before section 65\n\nInsert:\n\nDivision 3—Annual report\n\n18  At the end of subsection 65A(2)\n\nAdd:\n\n ; and (d) the Parliamentary Budget Officer, or an SES employee of the Parliamentary Budget Office nominated by the Presiding Officers in writing.\n\n\n\n\nSchedule 2—Amendment of the Charter of Budget Honesty Act 1998\n\n \n\nCharter of Budget Honesty Act 1998\n\n1  Subclause 2(5) of Schedule 1\n\nOmit “Secretaries to”, substitute “Secretaries of”.\n\n2  Subclause 2(6) of Schedule 1\n\nAfter “the Opposition”, insert “or the Leader of a minority party”.\n\n3  Subclause 2(6) of Schedule 1\n\nOmit “Secretaries to”, substitute “Secretaries of”.\n\n4  Subclause 3(1) of Schedule 1 (definition of caretaker period)\n\nRepeal the definition, substitute:\n\ncaretaker period for a general election means the period starting when the House of Representatives expires or is dissolved, and ending:\n\n (a) when it is clear that the Government has been re‑elected; or\n\n (b) if there is a change of Government, when the new Government has been sworn in.\n\n5  Subclause 3(1) of Schedule 1\n\nInsert:\n\nDepartment of Finance means the Department administered by the Minister for Finance.\n\n6  Subclause 3(1) of Schedule 1\n\nInsert:\n\nLeader of a minority party means the Leader of a recognised non‑Government party of at least 5 members, but does not include the Leader of the Opposition in the House of Representatives or in the Senate.\n\n7  Subclause 3(1) of Schedule 1\n\nInsert:\n\nmember means a member of either House of the Parliament.\n\n8  Subclause 3(1) of Schedule 1\n\nInsert:\n\nMinister for Finance means the Minister administering the Financial Management and Accountability Act 1997.\n\n9  Subclause 3(1) of Schedule 1\n\nInsert:\n\nParliamentary Budget Officer has the same meaning as in the Parliamentary Service Act 1999.\n\n10  Subclause 3(1) of Schedule 1\n\nInsert:\n\nParliamentary party has the same meaning as in the Parliamentary Service Act 1999.\n\n11  Subclause 3(1) of Schedule 1 (definition of responsible Secretaries)\n\nOmit “Secretary to” (wherever occurring), substitute “Secretary of”.\n\n12  Paragraphs 25(b) and (c) of Schedule 1\n\nOmit “Secretary to”, substitute “Secretary of”.\n\n13  Paragraph 26(a) of Schedule 1\n\nOmit “Secretary to”, substitute “Secretary of”.\n\n14  Subparagraph 26(a)(i) of Schedule 1\n\nBefore “revenue”, insert “tax”.\n\n15  Subparagraph 26(a)(iii) of Schedule 1\n\nBefore “revenue”, insert “tax”.\n\n16  Subparagraph 26(a)(iv) of Schedule 1\n\nAfter “paragraph 24(1)(d)”, insert “, so far as it relates to risks to tax revenue or tax expenditure”.\n\n17  Subparagraph 26(a)(v) of Schedule 1\n\nRepeal the subparagraph.\n\n18  Paragraph 26(b) of Schedule 1\n\nOmit “Secretary to”, substitute “Secretary of”.\n\n19  Subparagraph 26(b)(i) of Schedule 1\n\nAfter “expenses estimates”, insert “, and revenue estimates (other than tax revenue estimates),”.\n\n20  Subparagraph 26(b)(ii) of Schedule 1\n\nAfter “expenses estimates”, insert “, or revenue estimates (other than tax revenue estimates), referred to in subparagraph (i)”.\n\n21  Subparagraph 26(b)(iii) of Schedule 1\n\nRepeal the subparagraph, substitute:\n\n (iii) the information required by paragraph 24(1)(d), so far as it relates to risks to outlays or expenses, or revenue (other than tax revenue).\n\n22  At the end of subclause 29(1) of Schedule 1\n\nAdd:\n\n ; and (c) the Leader of a minority party may, subject to subclause (4), request the responsible Secretaries to prepare costings of publicly announced policies of that party.\n\nNote: If a request to prepare a costing of a policy of a Parliamentary party is made under this clause, and a member of that party makes a later request, under subsection 64J(2) of the Parliamentary Service Act 1999, to the Parliamentary Budget Officer to prepare a costing of that policy, or a substantially similar policy, the Parliamentary Budget Officer must not prepare a costing of the policy under that Act: see section 64K of that Act.\n\n23  After subclause 29(1) of Schedule 1\n\nInsert:\n\n (1A) A request for a costing of a policy of a Parliamentary party is not to be made under subclause (1) before polling day during the caretaker period if a member of that party has, during the same caretaker period, requested the Parliamentary Budget Officer to prepare a costing of that policy, or a substantially similar policy, under Division 2 of Part 7 of the Parliamentary Service Act 1999.\n\n (1B) A request for a costing of a policy of a Parliamentary party is not to be made under subclause (1) on or after polling day during the caretaker period if a member of that party has, on or after that day, requested the Parliamentary Budget Officer to prepare a costing of that policy, or a substantially similar policy, under Division 2 of Part 7 of the Parliamentary Service Act 1999.\n\n24  Subclause 29(4) of Schedule 1\n\nAfter “Leader of the Opposition”, insert “, or the Leader of a minority party,”.\n\n25  Subclause 29(5) of Schedule 1\n\nOmit “or the Leader of the Opposition”, substitute “, the Leader of the Opposition or the Leader of a minority party”.\n\n26  Subclause 29(5) of Schedule 1\n\nAfter “by the Leader of the Opposition”, insert “, or the Leader of a minority party,”.\n\n27  Paragraph 30(2)(a) of Schedule 1\n\nOmit “Secretary to”, substitute “Secretary of”.\n\n28  Paragraph 30(2)(a) of Schedule 1\n\nBefore “revenue”, insert “tax”.\n\n29  Paragraph 30(2)(b) of Schedule 1\n\nOmit “Secretary to”, substitute “Secretary of”.\n\n30  At the end of paragraph 30(2)(b) of Schedule 1\n\nAdd “or revenue (other than tax revenue)”.\n\n31  Subclause 30(3) of Schedule 1\n\nOmit “or the Leader of the Opposition”, substitute “, the Leader of the Opposition or the Leader of a minority party”.\n\n32  Clause 31 of Schedule 1\n\nRepeal the clause, substitute:\n\n31  Public release of requests and costings—requests made before polling day\n\n (1) This clause applies in relation to a policy costing request that is made before polling day during the caretaker period for a general election.\n\nNote: Clause 31A applies in relation to a policy costing request that is made on or after polling day during the caretaker period for a general election in circumstances where the caretaker period continues after that day.\n\n (2) As soon as practicable after the request has been made and before polling day, either or both of the responsible Secretaries are to publicly release the request and a costing of the policy.\n\nNote 1: Whether a policy costing request and costing has to be released by either or both of the responsible Secretaries depends on the division of responsibilities set out in subclause 30(2).\n\nNote 2: The obligation in this subclause does not apply to a request that has been withdrawn under subclause 29(5).\n\n (3) If a responsible Secretary does not have sufficient information, or has not had sufficient time, to prepare a policy costing and publicly release the request and the costing before polling day:\n\n (a) the Secretary is to publicly release a statement to that effect before that day; and\n\n (b) the request is taken to have been withdrawn on that day; and\n\n (c) the Secretary is not obliged or authorised to take any further action in relation to the request on or after that day.\n\n31A  Public release of requests and costings—requests made on or after polling day\n\n (1) This clause applies in relation to a policy costing request that is made on or after polling day during the caretaker period for a general election in circumstances where the caretaker period continues after that day.\n\n (2) As soon as practicable after the request has been made, either or both of the responsible Secretaries are to publicly release the request and a costing of the policy.\n\nNote 1: Whether a policy costing request and costing has to be released by either or both of the responsible Secretaries depends on the division of responsibilities set out in subclause 30(2).\n\nNote 2: The obligation in this subclause does not apply to a request that has been withdrawn under subclause 29(5).\n\n (3) If a responsible Secretary does not have sufficient information, or has not had sufficient time, to prepare a policy costing and publicly release the request and the costing before the end of the caretaker period:\n\n (a) the Secretary is to publicly release a statement to that effect as soon as practicable after the end of the caretaker period; and\n\n (b) the request is taken to have been withdrawn at the end of the caretaker period; and\n\n (c) the Secretary is not obliged or authorised to take any further action in relation to the request after the end of the caretaker period.\n\n33  Clause 32 of Schedule 1 (heading)\n\nRepeal the heading, substitute:\n\n32  Commonwealth bodies to provide information to help prepare policy costings\n\n\n\n\nSchedule 3—Amendment of other Acts\n\n \n\nFreedom of Information Act 1982\n\n1  Subsection 4(1)\n\nInsert:\n\nParliamentary Budget Office has the same meaning as in the Parliamentary Service Act 1999.\n\n2  Subsection 4(1)\n\nInsert:\n\nParliamentary Budget Officer has the same meaning as in the Parliamentary Service Act 1999.\n\n3  At the end of Division 1 of Part I of Schedule 2\n\nAdd:\n\n| Parliamentary Budget Office |\n| --- |\n| Parliamentary Budget Officer |\n\n\nLong Service Leave (Commonwealth Employees) Act 1976\n\n4  After paragraph 9B(4)(c)\n\nInsert:\n\n (ca) the Parliamentary Budget Officer appointed under section 64X of that Act;\n\nRemuneration Tribunal Act 1973\n\n5  At the end of paragraph 5(2D)(c)\n\nAdd “(other than the Parliamentary Budget Officer)”.\n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 24 August 2011\n\nSenate on 21 September 2011]\n\n(163/11)\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing the Parliamentary Budget Office and Officer with specific functions around policy costings and budget analysis. While it amends multiple Acts to integrate the PBO into existing legal frameworks, these are consequential amendments rather than scope expansion. The core purpose—providing independent parliamentary budget analysis—has not grown beyond what was originally intended."},"complexity_factors":["12 new defined terms inserted into the Parliamentary Service Act 1999, including nested definitions (e.g., 'authorised member' depends on 'Parliamentary party' which depends on 'political party')","Complex temporal triggers: different rules apply 'outside caretaker period' vs 'during caretaker period' vs 'before polling day' vs 'on or after polling day'","Cross-referencing between three different Acts: Parliamentary Service Act 1999, Charter of Budget Honesty Act 1998, and minor amendments to FOI Act, Long Service Leave Act, and Remuneration Tribunal Act","Conditional logic preventing duplicate requests: section 64K and related provisions create 'either/or' pathways between PBO and Department of Finance costings","Multiple confidentiality regimes: public release obligations vs confidential request directions vs arrangement-specific confidentiality under section 64F","Appointment process involving multiple actors: Presiding Officers, Joint Committee of Public Accounts and Audit, with specific timing rules (14 days, 44 days) and deemed approval mechanisms","Nested subdivisions: Division 2 contains Subdivision A (functions) and Subdivision B (appointment conditions), plus Division 3 for annual reporting"],"plain_english_summary":"This legislation creates Australia's Parliamentary Budget Office (PBO) and the position of Parliamentary Budget Officer (PBO). Think of it as setting up an independent 'scorekeeper' for Parliament—someone who can crunch the numbers on policy ideas without political bias.\n\n**What it does:**\n- **Establishes a new parliamentary department** called the Parliamentary Budget Office, headed by the Parliamentary Budget Officer\n- **Provides independent policy costings**—calculating how much proposed policies would actually cost taxpayers\n- **Operates in two modes:**\n  - *Outside election campaigns:* Any Senator or MP can request confidential costings of policies\n  - *During election campaigns (caretaker period):* Political parties and independent candidates can request public costings of their announced policies\n\n**Who it affects:**\n- **Politicians:** They get access to independent, non-partisan analysis to check their policy maths\n- **Political parties:** Can request costings during elections to show voters the fiscal impact of their promises\n- **Voters:** Get transparency about what election promises actually cost\n- **Public servants:** The Department of Finance and Treasury must cooperate with information requests\n\n**Why it matters:**\nBefore this law, only the government had access to the public service to cost policies. Opposition parties and independents had to rely on private estimates or guesswork. This levels the playing field—everyone can get their policies costed using the same economic assumptions. It also prevents 'double-dipping' during elections: if a party asks the PBO for a costing, they can't also ask the public service (and vice versa).\n\nThe legislation also amends related laws to ensure the PBO fits into existing frameworks—like freedom of information laws, long service leave entitlements, and remuneration rules."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This Act expands the Parliamentary Service Act 1999 by creating a new Parliamentary Budget Office and Parliamentary Budget Officer with statutory functions to prepare policy costings, research the budget and obtain information from Commonwealth bodies (see Division 2, ss64A–64F). It also amends the Charter of Budget Honesty to integrate the PBO into caretaker‑period costing routines and requester rules (Schedule 2). The change adds funding (s64D), new public‑release and confidentiality duties (ss64U–64V), and a layered appointment/oversight process (ss64X, 64XA), thereby broadening the Parliament’s institutional capacity for independent budget analysis."},"complexity_factors":["Cross‑Act amendments and cross‑references: modifies the Parliamentary Service Act 1999, the Charter of Budget Honesty Act 1998 and other statutes (Schedules 1–3), increasing legal interdependence.","New definitions and institutional layering: many new terms inserted into s7 and new Division 2 (e.g. Parliamentary Budget Office, Parliamentary Budget Officer, caretaker period) create interpretive dependencies.","Functional limits and required inputs: functions exclude economic forecasts and budget estimates and must use forecasts/parameters from the Charter of Budget Honesty reports (s64E(2)–(3)), constraining methodology.","Information‑access regime with confidentiality carveouts: power to make written arrangements with Commonwealth bodies to obtain documents (s64F) plus confidentiality and public‑interest exceptions (s64V).","Caretaker‑period rules and timing obligations: different requesting, public‑release and withdrawal rules before/after polling day (ss64J, 64L, 64LA) create conditional duties tied to election timing.","Appointment and oversight complexity: Presiding Officers appoint the Officer for 4‑year terms but must obtain JCPAA approval with statutory timelines (ss64X, 64XA); JCPAA has duties but not direction power (s64S).","Budgeting and reporting mechanisms: initial Consolidated Revenue Fund appropriation ($6,000,000) (s64D), annual work plans and draft estimates processes involving the JCPAA (ss64Q, 64R).","Public‑release obligations vs. confidential requests: requirement to publish requests, costings and other outputs subject to confidentiality rules (s64U, s64V) creates tension for operational decisions.","Administrative delegation and acting appointments: acting appointment rules and protections for validity (s64XF) add procedural nuance for continuity.","Interaction with existing costing processes under the Charter: amendments in Schedule 2 adjust who may request costings and the division of responsibilities between the PBO and responsible Secretaries (Schedule 2 amendments, cl.29–31)."],"plain_english_summary":"Creates a Parliamentary Budget Office and a Parliamentary Budget Officer who provide independent, non‑partisan analysis and policy costings to Senators, Members and authorised party representatives, with specific limits (they must not produce economic forecasts or whole‑of‑government budget estimates). The Act sets appointment and oversight procedures, initial funding from the Consolidated Revenue Fund, rules for obtaining information from Commonwealth bodies, confidentiality safeguards and public‑release obligations during caretaker periods (see ss64A, 64E, 64D, 64F, 64U)."}},"importantCases":[],"_links":{"self":"/api/acts/parliamentary-service-amendment-parliamentary-budget-officer-act-2011","history":"/api/acts/parliamentary-service-amendment-parliamentary-budget-officer-act-2011/history","analysis":"/api/acts/parliamentary-service-amendment-parliamentary-budget-officer-act-2011/analysis","conflicts":"/api/acts/parliamentary-service-amendment-parliamentary-budget-officer-act-2011/conflicts","importantCases":"/api/acts/parliamentary-service-amendment-parliamentary-budget-officer-act-2011/important-cases","documents":"/api/acts/parliamentary-service-amendment-parliamentary-budget-officer-act-2011/documents"}}