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This is a Bill, not an Act. For current law, see the Acts databases.


CHARTER OF BUDGET HONESTY AMENDMENT (INDEPENDENT ELECTION COSTINGS) BILL 2009





                              New South Wales




Charter of Budget Honesty
Amendment (Independent Election
Costings) Bill 2010

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill
The object of this Bill is to amend the Charter of Budget Honesty (Election Promises
Costing) Act 2006 as follows:
(a) to require the Auditor-General to prepare costings of election policies and the
      budget impact statements that are released 5 days before a State election,
      instead of the Secretary of the Treasury, who currently prepares the costings
      and statements,
(b) to enable the Premier or the Leader of the Opposition to request a costing of
      an election policy by the Auditor-General at any time after the latest State
      election before a State election, not only in the period 60 days before a State
      election,
(c) to enable the Premier and the Leader of the Opposition to discuss, in
      confidence, the budgetary impact of an election policy with a member of the
      Auditor-General's staff.

Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.


b2009-163-36.d10
Charter of Budget Honesty Amendment (Independent Election Costings) Bill 2010

Explanatory note




Clause 2 provides for the commencement of the proposed Act on the date of assent
to the proposed Act.

Schedule 1                Amendments to the Charter of Budget
                          Honesty (Election Promises Costing) Act
                          2006 No 89 relating to Auditor-General's
                          role
Schedule 1 gives effect to the object of the Bill set out in paragraph (a) of the
Overview above.

Schedule 2                Other amendments to the Charter of
                          Budget Honesty (Election Promises
                          Costing) Act 2006 No 89
Schedule 2 [5] gives effect to the object of the Bill set out in paragraph (c) of the
Overview above.
Schedule 2 [4] gives effect to the object of the Bill set out in paragraph (b) of the
Overview above. Schedule 2 [1]­[3] are related amendments.




Explanatory note page 2
Introduced by Mr M B Baird, MP                                         First print




                             New South Wales




Charter of Budget Honesty
Amendment (Independent Election
Costings) Bill 2010


Contents

                                                                             Page
              1    Name of Act                                                  2
              2    Commencement                                                 2
     Schedule 1    Amendments to the Charter of Budget Honesty
                   (Election Promises Costing) Act 2006 No 89 relating to
                   Auditor-General's role                                       3
     Schedule 2    Other amendments to the Charter of Budget Honesty
                   (Election Promises Costing) Act 2006 No 89                   5




b2009-163-36.d10
                             New South Wales




Charter of Budget Honesty
Amendment (Independent Election
Costings) Bill 2010
No     , 2010


A Bill for

An Act to amend the Charter of Budget Honesty (Election Promises Costing) Act
2006 to require independent costings of election promises by the Auditor-General for
the period following the 2010/11 Budget; and for other purposes.
              Charter of Budget Honesty Amendment (Independent Election Costings) Bill
Clause 1      2010




The Legislature of New South Wales enacts:                                               1

 1    Name of Act                                                                        2

           This Act is the Charter of Budget Honesty Amendment (Independent              3
           Election Costings) Act 2010.                                                  4

 2    Commencement                                                                       5

           This Act commences on the date of assent to this Act.                         6




Page 2
Charter of Budget Honesty Amendment (Independent Election Costings) Bill
2010

Amendments to the Charter of Budget Honesty (Election Promises Costing)    Schedule 1
Act 2006 No 89 relating to Auditor-General's role



Schedule 1              Amendments to the Charter of Budget                               1
                        Honesty (Election Promises Costing) Act                           2
                        2006 No 89 relating to Auditor-General's                          3
                        role                                                              4

[1]   Long title                                                                          5

      Omit "Treasury". Insert instead "Auditor-General".                                  6

[2]   Sections 3, 5 (1) and (2), 8 (1), 9, 10, 11, 12 (1) and (3)­(5), 13, 14 (1) (a),    7
      (2) and (3) (a), 15 and 16                                                          8

      Omit "Secretary of the Treasury" wherever occurring.                                9

      Insert instead "Auditor-General".                                                  10

[3]   Section 3 (1)                                                                      11

      Omit the definition of Treasury costing. Insert instead in alphabetical order:     12
                  Auditor-General costing means a costing, under Part 3 by the           13
                  Auditor-General, of an election policy or proposed election            14
                  policy.                                                                15

[4]   Parts 2 and 3, headings                                                            16

      Omit "Treasury" wherever occurring. Insert instead "Auditor-General".              17

[5]   Sections 8 (2) and 11 (1)                                                          18

      Omit "Treasury costing" wherever occurring.                                        19

      Insert instead "Auditor-General costing".                                          20

[6]   Sections 8, note, 9 (2)­(4), 10 (2) and 11                                         21

      Omit "Secretary" wherever occurring. Insert instead "Auditor-General".             22

[7]   Sections 8, note, 10, 14 (1) (a) and (3) (a) and (c) and 16                        23

      Omit "a Treasury costing" wherever occurring.                                      24

      Insert instead "an Auditor-General costing".                                       25

[8]   Sections 8, note and 12 (1), (2) and (4)                                           26

      Omit "Treasury costed" wherever occurring.                                         27

      Insert instead "Auditor-General costed".                                           28




                                                                                Page 3
                 Charter of Budget Honesty Amendment (Independent Election Costings) Bill
                 2010

Schedule 1       Amendments to the Charter of Budget Honesty (Election Promises Costing)
                 Act 2006 No 89 relating to Auditor-General's role


 [9]   Sections 11 (2) and 15                                                                1
       Omit "Treasury costings" wherever occurring.                                          2

       Insert instead "Auditor-General costings".                                            3

[10]   Section 14 Confidentiality of information or documents relating to                    4
       Auditor-General costing of election promises                                          5

       Omit "Treasury" from section 14 (1) (b). Insert instead "Auditor-General".            6

[11]   Section 14 (2)                                                                        7

       Omit "member of staff of the Treasury" wherever occurring.                            8

       Insert instead "member of the Auditor-General's staff".                               9

[12]   Section 14A                                                                          10

       Insert after section 14:                                                             11

       14A   Audit of expenditure costed by the Auditor-General                             12

                    If the Auditor-General is required under the Public Finance and         13
                    Audit Act 1983 or any other Act to carry out an audit of                14
                    expenditure that is the subject of a costing of an election policy      15
                    under this Act, the Auditor-General may arrange for the audit to        16
                    be carried out by an auditor in the Audit Office, or an auditor         17
                    engaged by the Auditor-General, who was not involved in the             18
                    preparation of the costing of the election policy.                      19




Page 4
Charter of Budget Honesty Amendment (Independent Election Costings) Bill
2010

Other amendments to the Charter of Budget Honesty (Election Promises       Schedule 2
Costing) Act 2006 No 89



Schedule 2              Other amendments to the Charter of                                  1
                        Budget Honesty (Election Promises                                   2
                        Costing) Act 2006 No 89                                             3

[1]   Section 3 Definitions                                                                 4

      Omit "a publicly announced or proposed policy" from the definition of costing         5
      request in section 3 (1).                                                             6

      Insert instead "an election policy or proposed election policy".                      7

[2]   Section 3 (1)                                                                         8

      Insert in alphabetical order:                                                         9
                    election policy means a policy that is publicly announced in the       10
                    period prior to a State election as part of the election campaign of   11
                    the Government or the Opposition for that election and that is         12
                    intended to be implemented after the election, but does not            13
                    include a policy (or part of a policy) that is fully funded in the     14
                    latest State budget or any previous State budget.                      15

[3]   Section 5 Request for Auditor-General costing by Premier or Leader of                16
      the Opposition                                                                       17

      Omit "publicly announced or proposed policies" wherever occurring in                 18
      section 5 (1) and (2).                                                               19

      Insert instead "election policies or proposed election policies".                    20

[4]   Section 6 Period during which costings may be requested                              21

      Omit "during the period of 60 days before a State election".                         22

      Insert instead "during the period before a State election commencing on the          23
      day on which the latest State budget before the election is presented to             24
      Parliament".                                                                         25




                                                                                Page 5
                Charter of Budget Honesty Amendment (Independent Election Costings) Bill
                2010

Schedule 2      Other amendments to the Charter of Budget Honesty (Election Promises
                Costing) Act 2006 No 89


[5]   Section 12A                                                                          1
      Insert after section 12:                                                             2

      12A    Auditor-General to discuss budgetary impact of election policies              3
             with Premier and Leader of the Opposition                                     4

                   If requested to do so by the Premier or the Leader of the               5
                   Opposition, the Auditor-General is to make available to the             6
                   Premier or the Leader of the Opposition a member of the                 7
                   Auditor-General's staff for the purposes of discussing, in              8
                   confidence, the budgetary impact of an election policy.                 9




Page 6


 


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