Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Election Commitments Costing Act 2012
A2012-47
Republication No 3
Effective: 1 January 2018
Republication date: 1 January 2018
Last amendment made by A2017-14
(republication for amendments by A2016-55
as amended by A2017-14)
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Election Commitments Costing Act 2012 (including any
amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on
1 January 2018. It also includes any commencement, amendment, repeal or expiry affecting
this republished law to 1 January 2018.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the
ACT legislation register at www.legislation.act.gov.au):
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made
by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).
The changes are made if the Parliamentary Counsel considers they are desirable to bring the law
into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M
appears immediately before the provision heading. The text of the modifying provision appears
in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $150 for
an individual and $750 for a corporation (see Legislation Act 2001, s 133).
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contents 1
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Australian Capital Territory
Election Commitments Costing Act 2012
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
Part 2 Costing of election commitments
5 Requests to cost election commitments 3
6 Withdrawal of costing requests 4
7 Guidelines for costing election commitments 4
8 Additional information for costing election commitments 4
9 Costing of election commitments and publishing costings—before
polling day 5
10 Costing of election commitments and publishing costings—on or after
polling day 6
11 Request and disclosure of costing request information 7
Contents
Page
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Part 3 Miscellaneous
13 Regulation-making power 8
Dictionary 9
Endnotes
1 About the endnotes 10
2 Abbreviation key 10
3 Legislation history 11
4 Amendment history 11
5 Earlier republications 12
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Australian Capital Territory
Election Commitments Costing Act 2012
An Act to enable costing of election commitments
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Election Commitments Costing Act 2012.
3 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act, and includes references (signpost definitions) to other terms
defined elsewhere.
For example, the signpost definition ‘polling day—see the Electoral
Act 1992, dictionary.’ means that the term ‘polling day’ is defined in
that dictionary and the definition applies to this Act.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire Act unless the definition, or another provision of the Act,
provides otherwise or the contrary intention otherwise appears (see
Legislation Act, s 155 and s 156 (1)).
4 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of
notes.
Costing of election commitments Part 2
Section 5
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Part 2 Costing of election commitments
5 Requests to cost election commitments
(1) Before polling day in a costing period for an election of the
Legislative Assembly—
(a) the leader of a registered party in the Legislative Assembly
with 1 or more MLAs may ask the director-general to cost a
publicly announced election commitment of the party; or
(b) an MLA who is not a member of a registered party may ask the
director-general to cost a publicly announced election
commitment of the MLA.
Example—publicly announced
media release or policy statement published on a party website
Note An example is part of the Act, is not exhaustive and may extend, but
does not limit, the meaning of the provision in which it appears (see
Legislation Act, s 126 and s 132).
(2) On or after polling day in a costing period for an election of the
Legislative Assembly, the leader of a registered party with 1 or
more MLAs before polling day, or another person nominated by the
party, may ask the director-general to cost a publicly announced
election commitment of the party.
(3) A costing request must—
(a) be in writing; and
(b) include—
(i) a detailed explanation of the election commitment,
including its purpose; and
(ii) any other information relevant to costing the election
commitment.
Example—par (ii)
assumptions to be used when costing the election commitment
Part 2 Costing of election commitments
Section 6
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(4) The director-general must, as soon as practicable after receiving a
costing request, make the following details about the request
publicly available:
(a) the election commitment to which the request relates;
(b) the name of the person making the request;
(c) the date the request was received.
(5) A person must not ask the director-general to cost a publicly
announced election commitment of—
(a) another MLA; or
(b) a registered party of which the person is not a member.
6 Withdrawal of costing requests
(1) A person may withdraw a costing request made by the person at any
time before the person is given a copy of the costing under
section 9 (3) or section 10 (3).
(2) A withdrawal of a costing request must be by written notice given to
the director-general.
7 Guidelines for costing election commitments
The director-general may issue written guidelines setting out
administrative procedures for costing an election commitment.
8 Additional information for costing election commitments
The director-general may ask a person, in writing, for additional
information to cost an election commitment under a costing request
made by the person.
Costing of election commitments Part 2
Section 9
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9 Costing of election commitments and publishing
costings—before polling day
(1) If the director-general receives a costing request before polling day,
and the request is not withdrawn under section 6, the
director-general must—
(a) cost the election commitment; and
(b) make the costing publicly available.
Examples—publicly available
1 published on the Treasury Directorate website
2 media release issued by the Treasury Directorate
Note An example is part of the Act, is not exhaustive and may extend,
but does not limit, the meaning of the provision in which it
appears (see Legislation Act, s 126 and s 132).
(2) The director-general must cost an election commitment and make
the costing publicly available—
(a) as soon as practicable after receiving the costing request; and
(b) before polling day.
(3) However, before making a costing publicly available, the
director-general must give a copy of the costing to the person who
made the costing request.
(4) Also, if the director-general does not have adequate information or
enough time to cost an election commitment and make the costing
publicly available before polling day, the director-general must,
before polling day, make publicly available a notice stating—
(a) that the election commitment cannot be costed before polling
day; and
(b) the reason why.
Part 2 Costing of election commitments
Section 10
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(5) A costing request made before polling day that has not been costed
and made publicly available before polling day is taken to be
withdrawn on polling day.
(6) If an election commitment under a costing request made before
polling day has not been costed before polling day, the
director-general must not begin or continue costing the election
commitment on or after polling day.
10 Costing of election commitments and publishing
costings—on or after polling day
(1) If the director-general receives a costing request on or after polling
day, and the request is not withdrawn under section 6, the
director-general must—
(a) cost the election commitment; and
(b) make the costing publicly available.
Examples—publicly available
1 published on the Treasury Directorate website
2 media release issued by the Treasury Directorate
Note An example is part of the Act, is not exhaustive and may extend,
but does not limit, the meaning of the provision in which it
appears (see Legislation Act, s 126 and s 132).
(2) The director-general must cost an election commitment and make
the costing publicly available—
(a) as soon as practicable after receiving the costing request; and
(b) before the end of the costing period.
(3) However, before making a costing publicly available, the
director-general must give a copy of the costing to the person who
made the costing request.
Costing of election commitments Part 2
Section 11
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(4) Also, if the director-general does not have adequate information or
enough time to cost an election commitment and make the costing
publicly available before the end of the costing period, the
director-general must, before the end of the costing period, make
publicly available a notice stating—
(a) that the election commitment cannot be costed before the end
of the costing period; and
(b) the reason why.
(5) A costing request made on or after polling day that has not been
costed and made publicly available before the end of the costing
period is taken to be withdrawn at the end of the costing period.
(6) If an election commitment under a costing request made on or after
polling day has not been costed before the end of the costing period,
the director-general must not begin or continue costing the election
commitment after the end of the costing period.
11 Request and disclosure of costing request information
(1) During the costing period, costing information particular to a
costing request must not be disclosed to anyone other than the
person who made the request.
(2) Subsection (1) does not apply to the disclosure of costing
information particular to a costing request if the disclosure is
made—
(a) under this Act or another territory law; or
(b) in relation to the exercise of a function under this Act or
another territory law; or
(c) with the consent of the person who made the costing request.
Part 3 Miscellaneous
Section 13
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u
Part 3 Miscellaneous
13 Regulation-making power
The Executive may make regulations for this Act.
Note A regulation must be notified, and presented to the Legislative
Assembly, under the Legislation Act.
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
director-general (see s 163)
Executive
function
Legislative Assembly.
costing period, for an election of the Legislative Assembly, means
the period––
(a) starting—
(i) for an election held in 2012—on Monday
3 September 2012; or
(ii) for an election held in a later year—1 week after the last
sitting day of the Legislative Assembly before the
election; and
(b) ending when the Chief Minister is elected on the first sitting
day of the Legislative Assembly after the election.
costing request means a request made under section 5.
election—see the Electoral Act 1992, dictionary.
MLA—see the Electoral Act 1992, dictionary.
polling day—see the Electoral Act 1992, dictionary.
registered party—see the Electoral Act 1992, dictionary.
Endnotes
1 About the endnotes
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished
law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The
details of these laws are underlined in the legislation history. Uncommenced
expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
Legislation history 3
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3 Legislation history
Election Commitments Costing Act 2012 A2012-47
notified LR 29 August 2012
s 1, s 2 commenced 29 August 2012 (LA s 75 (1))
remainder commenced 30 August 2012 (s 2)
as amended by
Freedom of Information Act 2016 A2016-55 sch 4 pt 4.10 (as am by
A2017-14 s 19)
notified LR 26 August 2016
s 1, s 2 commenced 26 August 2016 (LA s 75 (1))
sch 4 pt 4.10 commenced 1 January 2018 (s 2 as am by A2017-14
s19)
Justice and Community Safety Legislation Amendment Act 2017
(No 2) A2017-14 s 19
notified LR 17 May 2017
s 1, s 2 commenced 17 May 2017 (LA s 75 (1))
s 19 commenced 24 May 2017 (s 2 (1))
Note This Act only amends the Freedom of Information Act 2016
A2016-55.
4 Amendment history
Commencement
s 2 om LA s 89 (4)
Access to documents relating to costing request
s 12 om A2016-55 amdt 4.12
Review of Act
s 14 exp 31 October 2014 (s 14 (3))