Election Commitments Costing Act 2012

This Act is the Election Commitments Costing Act 2012.

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)).

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.

Part 2 Costing of election commitments

Before polling day in a costing period for an election of the Legislative Assembly—

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

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).

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.

A costing request must—

be in writing; and

include—

a detailed explanation of the election commitment, including its purpose; and

any other information relevant to costing the election commitment.

Example—par (ii)

assumptions to be used when costing the election commitment

The director-general must, as soon as practicable after receiving a costing request, make the following details about the request publicly available:

the election commitment to which the request relates;

the name of the person making the request;

the date the request was received.

A person must not ask the director-general to cost a publicly announced election commitment of—

another MLA; or

a registered party of which the person is not a member.

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).

A withdrawal of a costing request must be by written notice given to the director-general.

The director-general may issue written guidelines setting out administrative procedures for costing an election commitment.

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.

If the director-general receives a costing request before polling day, and the request is not withdrawn under section 6, the director‑general must—

cost the election commitment; and

make the costing publicly available.

Examples—publicly available

1 published on the Treasury Directorate 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).

The director-general must cost an election commitment and make the costing publicly available—

as soon as practicable after receiving the costing request; and

before the end of the costing period.

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.

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—

that the election commitment cannot be costed before the end of the costing period; and

the reason why.

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.

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.

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—

cost the election commitment; and

make the costing publicly available.

Examples—publicly available

1 published on the Treasury Directorate 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).

The director-general must cost an election commitment and make the costing publicly available—

as soon as practicable after receiving the costing request; and

before the end of the costing period.

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.

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—

that the election commitment cannot be costed before the end of the costing period; and

the reason why.

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.

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.

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.

Subsection (1) does not apply to the disclosure of costing information particular to a costing request if the disclosure is made—

under this Act or another territory law; or

in relation to the exercise of a function under this Act or another territory law; or

with the consent of the person who made the costing request.

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Part 3 Miscellaneous