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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Parliamentary Budget Officer 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 establish the Parliamentary Budget Officer as an
independent officer of Parliament with the following functions:
(a) preparing costings of election policies for parliamentary leaders and
Independent members (including a budget impact statement for all their
policies) in the period prior to a State general election,
(b) preparing costings of proposed policies of members of Parliament at the
request of the member at any time during the year,
(c) providing to members of Parliament analysis, advice and briefings of a
technical nature on financial, fiscal and economic matters (including in
relation to the costing of proposals included in the State budget).
The Parliamentary Budget Officer will be appointed jointly by the President of the
egislative Council and the Speaker of the Legislative Assembly (the Presiding
Officers). Parliamentary staff employed by the Presiding Officers to assist the
Parliamentary Budget Officer to exercise his or her functions will comprise the
Parliamentary Budget Office.
b2010-137-33.d08
Parliamentary Budget Officer Bill 2010
Explanatory note
The Bill also repeals the Charter of Budget Honesty (Election Promises Costing)
Act 2006 as a result of the inclusion in Part 4 of the proposed Act of the provisions
relating to costing of election promises.
Outline of provisions
Part 1 Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act. The provisions
relating to the establishment of the Parliamentary Budget Officer commence on
assent but the provisions relating to election and other costings do not commence
until 25 January 2011.
Clause 3 defines certain words and expressions used in the proposed Act.
A parliamentary leader means any of the following:
(a) the Premier,
(b) the Leader of the Opposition,
(c) a member of Parliament who is the recognised parliamentary leader of a
registered party (other than a party, and any coalition party, whose
parliamentary leader is the Premier or the Leader of the Opposition),
(d) a member of Parliament who is not an endorsed candidate of any registered
party.
Clause 4 provides that the Presiding Officers are to act and decide matters jointly for
the purposes of the proposed Act. If the Presiding Officers are from the same
registered party (or registered parties that are coalition parties), they must act and
decide matters jointly with a deputy Presiding Officer who is from a different
registered party.
Part 2 Parliamentary Budget Officer
Clause 5 establishes the position of Parliamentary Budget Officer as an independent
officer of Parliament.
Clause 6 provides for the appointment of the Parliamentary Budget Officer by the
Presiding Officers. The person is to be selected from a list of at least 2 persons
recommended by a panel comprising the Ombudsman, the Information
Commissioner and the Chairperson of the Independent Pricing and Regulatory
Tribunal.
Clause 7 provides that the Parliamentary Budget Officer is to hold office for a period
of not less than 4 years and not greater than 9 years. A person can be re-appointed
but cannot hold the office for a total period of more than 9 years. The first person
appointed as the Parliamentary Budget Officer is to be appointed for a period of
9 years and is not eligible for re-appointment.
Explanatory note page 2
Parliamentary Budget Officer Bill 2010
Explanatory note
Clause 8 enables the Presiding Officers to appoint an acting Parliamentary Budget
Officer during the absence, or a vacancy in the office, of the Parliamentary Budget
Officer.
Clause 9 sets out the circumstances in which the office of the Parliamentary Budget
Officer becomes vacant. The Parliamentary Budget Officer cannot be removed from
office by the Presiding Officers except for misbehaviour, incapacity or
incompetence.
Clause 10 provides that the Parliamentary Budget Officer is to be paid remuneration
in accordance with the Statutory and Other Offices Remuneration Act 1975.
Clause 11 authorises the Presiding Officers to employ staff to assist the
Parliamentary Budget Officer to exercise his or her functions, which will comprise
the Parliamentary Budget Office. Directions to staff in relation to the exercise of
functions of the Parliamentary Budget Officer may only be given by that Officer. The
Parliamentary Budget Officer may also engage consultants.
Part 3 Functions
Clause 12 confers on the Parliamentary Budget Officer the functions relating to the
preparation of election policy costings under proposed Part 4.
Clause 13 authorises the Parliamentary Budget Officer to also, at the request of any
member of Parliament, prepare a costing of a proposed policy of the member, and
provide any analysis, advice or briefings of a technical nature on financial, fiscal and
economic matters (including in relation to the costing of proposals included in the
State budget). The functions of the Parliamentary Budget Officer do not extend to
providing any analysis, advice or briefings to committees of Parliament or
developing policy proposals on behalf of members of Parliament.
Clause 14 requires the Parliamentary Budget Officer to prepare an operational plan
that includes the objectives of the Officer in exercising his or her functions, a broad
outline of the strategies of the Officer to achieve those objectives and a schedule of
the activities that the Officer proposes to undertake. A draft operational plan must be
provided to the Presiding Officers, who are to approve the draft plan or request
changes to the draft plan. The plan and any variation are required to be tabled in
Parliament. The Parliamentary Budget Officer must take the operational plan into
account in exercising his or her functions.
Clause 15 requires the Parliamentary Budget Officer to provide an annual report to
a committee of the Legislative Assembly and a committee of the Legislative Council
designated by the Presiding Officers.
Clause 16 enables the Parliamentary Budget Officer to request information from the
head of any Government agency to assist the Officer in the preparation of a costing
of an election or other policy under the proposed Act. The head of the Government
agency must respond to such a request within 10 business days (or such other period
as is agreed between the head of the agency and the Parliamentary Budget Officer),
but is not required to provide information if for the purposes of the Government
Explanatory note page 3
Parliamentary Budget Officer Bill 2010
Explanatory note
Information (Public Access) Act 2009 there is an overriding public interest against
the disclosure of the information or access to the information would otherwise be
denied under that Act.
Clause 17 makes it an offence for the Parliamentary Budget Officer, or any member
of staff of the Parliamentary Budget Office, to disclose certain information or
documents provided to the Officer, or prepared by the Officer, for the purposes of
costings under the proposed Act (maximum penalty: 50 penalty units).
Part 4 Election policy costings
Division 1 Requests for election policy costings
Clause 18 provides that a parliamentary leader (including an Independent member
of Parliament) may request the Parliamentary Budget Officer to prepare costings of
policies that are announced or proposed for implementation after the next State
general election. A parliamentary leader may make an election costing request in
relation to a policy publicly announced or proposed by that leader or in relation to a
policy of another parliamentary leader.
Clause 19 allows costing requests to be made during the period from the day on
which the last State budget before the election is presented to Parliament until the
State general election. For the State general election due to be held on
26 March 2011, costing requests may be made from 25 January 2011.
Clause 20 provides that a costing request may be withdrawn at any time before the
costing is provided by the Parliamentary Budget Officer.
Division 2 Parliamentary Budget Officer to prepare costings
of election policies
Clause 21 requires the Parliamentary Budget Officer to provide an election policy
costing as soon as possible after receiving a request from a parliamentary leader. A
parliamentary leader will be required to notify the Parliamentary Budget Officer of
the public announcement by that leader of policies that have been costed by the
Officer.
Clause 22 enables a parliamentary leader to publicly release election policy costings
provided to the leader by the Parliamentary Budget Officer. The Parliamentary
Budget Officer will be required to publicly release an election policy costing once
the parliamentary leader who made the costing request has notified the Officer that
the policy has been publicly announced. If the Parliamentary Budget Officer
considers that an election policy costing provided by the Officer has been publicly
misrepresented, the Officer may issue a public statement to correct the
misrepresentation.
Clause 23 requires the Parliamentary Budget Officer to prepare a separate budget
impact statement for the respective policies of each parliamentary leader that have
been costed under the proposed Part. A budget impact statement will show a
Explanatory note page 4
Parliamentary Budget Officer Bill 2010
Explanatory note
summary of the assessed financial impact of each costed policy and the total net
financial impact of all costed policies on the current year's State budget and on the
following 3 financial years. Two weeks before a State general election, the
Parliamentary Budget Officer is to provide a draft budget impact statement to each
parliamentary leader in relation to his or her respective policies. Within 48 hours of
being provided with a draft budget impact statement, a parliamentary leader may
notify the Parliamentary Budget Officer of the final list of costed policies for
inclusion in the budget impact statement. The Parliamentary Budget Officer is to
revise the statements in accordance with any notification and publicly release those
final statements 5 days before the State general election.
Division 3 General election costing provisions
Clause 24 provides that the Secretary of the Treasury is to publicly release, on the
release of the half-yearly budget review prior to the State general election, a
statement of the amount of uncommitted funds that are available to meet any future
expenditure commitments for the General Government Sector during the current
year's State budget and during the following 3 financial years.
Clause 25 authorises the Parliamentary Budget Officer to issue guidelines for the
purposes of the making of election costing requests and the preparation of election
policy costings and budget impact statements.
Clause 26 enables the Parliamentary Budget Officer to revise election policy
costings and budget impact statements to correct any errors.
Clause 27 authorises a parliamentary leader to nominate, in writing to the
Parliamentary Budget Officer, a person to exercise the parliamentary leader's
functions under the proposed Part.
Part 5 Miscellaneous
Clause 28 provides that offences under the proposed Act may be dealt with
summarily before the Local Court.
Clause 29 enables the Governor to make regulations for the purposes of the
proposed Act.
Clause 30 provides for the review of the proposed Act in 5 years.
Clause 31 repeals the Charter of Budget Honesty (Election Promises Costing)
Act 2006.
Schedule 1 Amendment of other Acts
Schedule 1.1 makes a consequential amendment to the Government Information
(Public Access) Act 2009 to provide that there is a conclusive presumption of an
overriding public interest against disclosure of confidential information relating to
election policy and other costings.
Explanatory note page 5
Parliamentary Budget Officer Bill 2010
Explanatory note
Schedule 1.2 makes a consequential amendment to the Statutory and Other Offices
Remuneration Act 1975 to provide that the Statutory and Other Offices
Remuneration Tribunal is to determine the remuneration of the Parliamentary Budget
Officer.
Explanatory note page 6
First print
New South Wales
Parliamentary Budget Officer Bill 2010
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
4 Presiding Officers 3
Part 2 Parliamentary Budget Officer
5 Establishment of position of Parliamentary Budget Officer 4
6 Appointment of Parliamentary Budget Officer 4
7 Term of office of Parliamentary Budget Officer 4
8 Acting Parliamentary Budget Officer 5
9 Vacancy in office of Parliamentary Budget Officer 5
10 Remuneration of Parliamentary Budget Officer 6
11 Employment of staff and consultants--Parliamentary
Budget Office 6
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Parliamentary Budget Officer Bill 2010
Contents
Page
Part 3 Functions
12 Functions relating to costings of election promises 7
13 Functions relating to advice etc to members of Parliament 7
14 Operational plan 7
15 Report of the Parliamentary Budget Officer to designated
parliamentary committees and monitoring by committees 8
16 Parliamentary Budget Officer to have access to
Government agencies 8
17 Confidentiality of information or documents relating to
election policy and other costings 9
Part 4 Election policy costings
Division 1 Requests for election policy costings
18 Request for election policy costings by parliamentary
leaders 11
19 Period during which election policy costings may be
requested 11
20 Withdrawal of election costing requests 12
Division 2 Parliamentary Budget Officer to prepare
costings of election policies
21 Parliamentary Budget Officer to prepare costings of
election policies 12
22 Public release of election policy costings 12
23 Budget impact statements for all costed policies 13
Division 3 General election costing provisions
24 Pre-election statement of uncommitted State funds 13
25 Parliamentary Budget Officer guidelines 14
26 Revision of election policy costings and budget impact
statements to correct any errors 14
27 Nominee may act for parliamentary leader 14
Part 5 Miscellaneous
28 Nature of proceedings for offences 15
29 Regulations 15
30 Review of Act 15
31 Repeal of Charter of Budget Honesty (Election Promises
Costing) Act 2006 No 89 15
Schedule 1 Amendment of other Acts 16
Contents page 2
New South Wales
Parliamentary Budget Officer Bill 2010
No , 2010
A Bill for
An Act to establish and confer functions on the Parliamentary Budget Officer as an
independent officer of Parliament; to provide for costings of election promises by
that Officer; to repeal the Charter of Budget Honesty (Election Promises Costing)
Act 2006; and for other purposes.
Clause 1 Parliamentary Budget Officer Bill 2010
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Parliamentary Budget Officer Act 2010. 4
2 Commencement 5
(1) Parts 1 and 2 and Schedule 1.2 commence on the date of assent to this 6
Act. 7
(2) The remainder of this Act commences on 25 January 2011. 8
3 Definitions 9
(1) In this Act: 10
election costing request means a request made under Division 1 of 11
Part 4 to the Parliamentary Budget Officer for the preparation of an 12
election policy costing. 13
election policy costing means a costing of a publicly announced or 14
proposed policy prepared by the Parliamentary Budget Officer under 15
Division 2 of Part 4. 16
function includes a power, authority or duty, and exercise a function 17
includes perform a duty. 18
Parliamentary Budget Officer means the Parliamentary Budget Officer 19
appointed by the Presiding Officers under section 6. 20
parliamentary leader means any of the following: 21
(a) the Premier, 22
(b) the Leader of the Opposition, 23
(c) a member of Parliament who is the recognised parliamentary 24
leader of a registered party (other than a party, and any coalition 25
party, whose parliamentary leader is the Premier or Leader of the 26
Opposition), 27
(d) a member of Parliament who was not an endorsed candidate of 28
any registered party when last elected to Parliament and who is 29
not being endorsed by any registered party for the next State 30
general election. 31
pre-election half-yearly budget review means the last half-yearly 32
review publicly released by the Treasurer before a State general election 33
under section 8 (3) of the Public Finance and Audit Act 1983. 34
Presiding Officers means (subject to section 4) the President of the 35
Legislative Council and Speaker of the Legislative Assembly. 36
Page 2
Parliamentary Budget Officer Bill 2010 Clause 4
Preliminary Part 1
registered party means a party registered under Part 4A of the 1
Parliamentary Electorates and Elections Act 1912. 2
(2) If a registered party that is represented in Parliament by 2 or more 3
members of Parliament does not have a recognised parliamentary 4
leader, one of those members who is nominated by the other members 5
is taken to be the recognised parliamentary leader of that registered 6
party for the purposes of this Act. Any such nomination is to be made 7
by notice in writing to the Parliamentary Budget Officer. 8
(3) For the purposes of this Act, the date a State general election is due to 9
be held is the day fixed for taking the poll at a general election of 10
members of the Legislative Assembly. 11
(4) A reference in this Act to a member of Parliament includes, during the 12
period that the Legislative Assembly is dissolved or has expired, a 13
reference to a person who was a member of Parliament immediately 14
before that dissolution or expiry. 15
(5) Notes included in this Act do not form part of this Act. 16
4 Presiding Officers 17
(1) If a provision of this Act requires or authorises the Presiding Officers to 18
take any action or decide any matter, the provision is taken to require or 19
authorise the Presiding Officers only to take the action jointly or decide 20
the matter jointly. 21
(2) If the Presiding Officers were both last elected to Parliament as the 22
endorsed candidates of the same registered party (or registered parties 23
that are coalition parties), any such action or decision may only be taken 24
or decided jointly with a deputy Presiding Officer designated by those 25
Presiding Officers who was last elected to Parliament as the endorsed 26
candidate of another registered party. 27
(3) A reference in subsection (2) to a deputy Presiding Officer includes a 28
reference to an assistant Presiding Officer if all eligible deputy 29
Presiding Officers are absent or acting as the Presiding Officer under 30
the Constitution Act 1902. 31
Note. Sections 22G and 31A of the Constitution Act 1902 provide that during 32
the absence from NSW of the President or the Speaker, the Chair of 33
Committees of the Legislative Council (who is also the Deputy President) or the 34
Deputy Speaker of the Legislative Assembly act for the President or the 35
Speaker respectively. 36
Page 3
Clause 5 Parliamentary Budget Officer Bill 2010
Part 2 Parliamentary Budget Officer
Part 2 Parliamentary Budget Officer 1
5 Establishment of position of Parliamentary Budget Officer 2
(1) The position of Parliamentary Budget Officer is established as an 3
independent officer of Parliament. 4
(2) The functions of the Parliamentary Budget officer are only those 5
conferred by this or any other Act, and there are no implied rights, 6
obligations or immunities arising from that officer being an independent 7
officer of Parliament. 8
6 Appointment of Parliamentary Budget Officer 9
(1) The Presiding Officers may appoint a person as Parliamentary Budget 10
Officer. 11
(2) The person appointed as Parliamentary Budget Officer must be a person 12
selected from a list of at least 2 persons recommended by a panel 13
comprising: 14
(a) the Ombudsman, and 15
(b) the Information Commissioner, and 16
(c) the Chairperson of the Independent Pricing and Regulatory 17
Tribunal. 18
(3) If the Presiding Officers decline to appoint a person from a list of 19
persons recommended by the panel, the panel is required to recommend 20
a further list. 21
(4) The Parliamentary Budget Officer is to be appointed on a full-time 22
basis. The Parliamentary Budget Officer is not to engage in paid 23
employment outside the duties of his or her office without the approval 24
of the Presiding Officers. 25
7 Term of office of Parliamentary Budget Officer 26
(1) The Parliamentary Budget Officer holds office for the period of not less 27
than 4 years and not greater than 9 years that is specified in his or her 28
instrument of appointment. 29
(2) The Parliamentary Budget Officer is eligible (if otherwise qualified) to 30
be re-appointed. 31
(3) A person cannot hold office as Parliamentary Budget Officer for a total 32
period of more than 9 years. 33
(4) Despite anything to the contrary in this section, the first person 34
appointed as the Parliamentary Budget Officer is to be appointed for a 35
period of 9 years, and is not eligible for re-appointment. 36
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Parliamentary Budget Officer Bill 2010 Clause 8
Parliamentary Budget Officer Part 2
8 Acting Parliamentary Budget Officer 1
(1) The Presiding Officers may, from time to time, appoint an acting 2
Parliamentary Budget Officer during the absence, or a vacancy in the 3
office, of the Parliamentary Budget Officer, and may at any time revoke 4
any such appointment. 5
(2) An acting Parliamentary Budget Officer has all the functions of the 6
Parliamentary Budget Officer and is taken to be the Parliamentary 7
Budget Officer. 8
(3) A person appointed as the acting Parliamentary Budget Officer must be 9
a member of the staff of the Parliamentary Budget Office. 10
(4) An acting Parliamentary Budget Officer is entitled to be paid such 11
remuneration (including travelling and subsistence allowances) as the 12
Presiding Officers may from time to time determine. 13
9 Vacancy in office of Parliamentary Budget Officer 14
(1) The office of the Parliamentary Budget Officer becomes vacant if the 15
Officer: 16
(a) dies, or 17
(b) completes a term of office and is not re-appointed, or 18
(c) resigns the office by instrument in writing addressed to the 19
Presiding Officers, or 20
(d) is removed from office by the Presiding Officers under this 21
section, or 22
(e) becomes bankrupt, applies to take the benefit of any law for the 23
relief of bankrupt or insolvent debtors, compounds with his or her 24
creditors or makes an assignment of his or her remuneration for 25
their benefit, or 26
(f) becomes a mentally incapacitated person, or 27
(g) is convicted in New South Wales of an offence that is punishable 28
by imprisonment for 12 months or more or is convicted 29
elsewhere than in New South Wales of an offence that, if 30
committed in New South Wales, would be an offence so 31
punishable. 32
(2) The Presiding Officers may remove the Parliamentary Budget Officer 33
from office for misbehaviour, incapacity or incompetence. 34
(3) If the office of the Parliamentary Budget Officer becomes vacant, a 35
person is, subject to this Act, required to be appointed to fill the 36
vacancy. 37
Page 5
Clause 10 Parliamentary Budget Officer Bill 2010
Part 2 Parliamentary Budget Officer
10 Remuneration of Parliamentary Budget Officer 1
The Parliamentary Budget Officer is entitled to be paid: 2
(a) remuneration in accordance with the Statutory and Other Offices 3
Remuneration Act 1975, and 4
(b) such travelling and subsistence allowances as the Presiding 5
Officers may from time to time determine. 6
11 Employment of staff and consultants--Parliamentary Budget Office 7
(1) Parliamentary staff may be employed by the Presiding Officers to assist 8
the Parliamentary Budget Officer to exercise his or her functions. Those 9
staff comprise the Parliamentary Budget Office. 10
(2) The members of staff of the Parliamentary Budget Office are under the 11
joint control of the Presiding Officers. 12
(3) However, directions to the members of that staff in relation to the 13
exercise of the functions of the Parliamentary Budget Officer may only 14
be given by: 15
(a) the Parliamentary Budget Officer, or 16
(b) another member of staff of the Parliamentary Budget Office 17
authorised to do so by the Parliamentary Budget Officer. 18
(4) The Parliamentary Budget Officer may engage consultants to assist the 19
Officer in the exercise of his or her functions. 20
(5) Any such consultant is taken, for the purposes of this Act, to be a 21
member of staff of the Parliamentary Budget Office. 22
Page 6
Parliamentary Budget Officer Bill 2010 Clause 12
Functions Part 3
Part 3 Functions 1
12 Functions relating to costings of election promises 2
The Parliamentary Budget Officer has the functions conferred by or 3
under Part 4 in respect of the preparation of election policy costings. 4
13 Functions relating to advice etc to members of Parliament 5
(1) The Parliamentary Budget Officer may also, at the request of any 6
member of Parliament: 7
(a) prepare a costing of a proposed policy of the member of 8
Parliament, and 9
(b) provide any analysis, advice or briefing of a technical nature on 10
financial, fiscal and economic matters (including in relation to 11
the costing of proposals included in the State budget). 12
(2) The Parliamentary Budget Officer is to inform a member of Parliament 13
who makes a request under this section if the Officer is unable to 14
provide the costing or information requested and provide the reasons 15
why the costing or information cannot be provided. 16
(3) If the Parliamentary Budget Officer needs more information for the 17
purpose of responding to a request under this section, the Officer may 18
ask the member of Parliament who made the request to provide that 19
information in writing. 20
(4) The functions of the Parliamentary Budget Officer under this section do 21
not extend to: 22
(a) providing any analysis, advice or briefing to committees of 23
Parliament, or 24
(b) developing policy proposals on behalf of members of Parliament. 25
14 Operational plan 26
(1) The Parliamentary Budget Officer must prepare an operational plan that 27
includes the following: 28
(a) the objectives of the Officer in exercising his or her functions and 29
a broad outline of the strategies of the Officer to achieve those 30
objectives, 31
(b) a schedule of the activities that the Officer proposes to undertake. 32
(2) The operational plan must be prepared as soon as practicable after the 33
commencement of this Part and after each State general election. 34
(3) The Parliamentary Budget Officer must provide a draft of the 35
operational plan to the Presiding Officers. 36
Page 7
Clause 15 Parliamentary Budget Officer Bill 2010
Part 3 Functions
(4) The Presiding Officers are to approve the draft plan or request the 1
Parliamentary Budget Officer to make changes to the draft plan and 2
submit the revised plan to the Presiding Officers for approval. 3
(5) The Parliamentary Budget Officer may, with the approval of the 4
Presiding Officers, vary an approved operational plan at any time. 5
(6) The approved operational plan, and any approved variation of the plan, 6
are required to be tabled in each House of Parliament by the Presiding 7
Officer of that House. 8
(7) The Parliamentary Budget Officer must take the operational plan into 9
account in the exercise of his or her functions. 10
15 Report of the Parliamentary Budget Officer to designated parliamentary 11
committees and monitoring by committees 12
(1) The Presiding Officers are to designate a committee of the Legislative 13
Assembly and a committee of the Legislative Council to which the 14
Parliamentary Budget Officer is to report under this section. 15
(2) The Parliamentary Budget Officer is to furnish an annual report to both 16
designated committees, together with a copy of the current operational 17
plan of the Parliamentary Budget Officer. 18
(3) The report is to relate to the activities of the Parliamentary Budget 19
Officer during the reporting period. 20
(4) The report may include such recommendations in respect of the future 21
activities of the Parliamentary Budget Officer and operational 22
arrangements as he or she thinks appropriate. 23
(5) The designated committees may monitor and review the operations of 24
the Parliamentary Budget Officer and report to their respective House 25
of Parliament on any matter relating to that Officer. 26
16 Parliamentary Budget Officer to have access to Government agencies 27
(1) The Parliamentary Budget Officer may, at any time, make a request for 28
information from the head of any Government agency to assist the 29
Officer in the preparation of a costing of an election or other policy 30
under this Act. 31
(2) The head of the Government agency must respond to such a request 32
within 10 business days or such other period as is agreed between the 33
head of the agency and the Parliamentary Budget Officer. 34
(3) The head of the Government agency is not required to provide 35
information in response to such a request if there is an overriding public 36
interest against the disclosure of the information for the purposes of the 37
Government Information (Public Access) Act 2009 or if access to the 38
Page 8
Parliamentary Budget Officer Bill 2010 Clause 17
Functions Part 3
information would otherwise be denied under that Act. The head of the 1
agency is to inform the Parliamentary Budget Officer of the reason for 2
not providing the information. 3
(4) The head of the Government agency must not disclose any information 4
or document provided to him or her for the purposes of a request for 5
information from the Parliamentary Budget Officer under this section 6
except to a member of staff of the agency. 7
Maximum penalty (subsection (4)): 50 penalty units. 8
17 Confidentiality of information or documents relating to election policy 9
and other costings 10
(1) This section applies to any of the following information and documents: 11
(a) information or documents provided to the Parliamentary Budget 12
Officer by a parliamentary leader (or on his or her behalf) for the 13
purposes of an election policy costing under Part 4, 14
(b) information or documents provided to the Parliamentary Budget 15
Officer by a member of Parliament (or on his or her behalf) for 16
the purposes of a costing under this Part of any policy of the 17
member, 18
(c) information or documents prepared by the Parliamentary Budget 19
Officer for the purposes of any such costing. 20
(2) The Parliamentary Budget Officer, or any member of staff of the 21
Parliamentary Budget Office, must not disclose any such information or 22
document except: 23
(a) in the case of an election costing request by a parliamentary 24
leader--to that leader, or 25
(b) in the case of any other costing request by a member of 26
Parliament--to that member, or 27
(c) in any case--to another member of staff of the Parliamentary 28
Budget Office. 29
Maximum penalty: 50 penalty units. 30
(3) This section does not apply to any information or document: 31
(a) if the information or document relates to an election policy 32
costing or election costing request that the Parliamentary Budget 33
Officer is authorised or required to publicly release by this Act, or 34
(b) if the information or document has already been lawfully 35
published, or 36
Page 9
Clause 17 Parliamentary Budget Officer Bill 2010
Part 3 Functions
(c) if the person disclosing the information or document became 1
aware of the information or obtained the document otherwise 2
than in the course of an election policy or other costing under 3
this Act. 4
Page 10
Parliamentary Budget Officer Bill 2010 Clause 18
Election policy costings Part 4
Part 4 Election policy costings 1
Division 1 Requests for election policy costings 2
18 Request for election policy costings by parliamentary leaders 3
(1) A parliamentary leader may, in accordance with this Part, request the 4
Parliamentary Budget Officer to prepare costings of publicly 5
announced or proposed policies. 6
(2) An election costing request may only be made in relation to policies that 7
are announced or proposed for implementation after the next State 8
general election. 9
(3) A parliamentary leader may make an election costing request in relation 10
to a policy publicly announced or proposed by that leader or in relation 11
to a policy publicly announced by another parliamentary leader. 12
(4) An election costing request made in relation to a policy publicly 13
announced by another parliamentary leader is to be disregarded if an 14
election costing request for substantially the same policy is made by that 15
other parliamentary leader. 16
(5) An election costing request may relate to proposed changes in 17
expenditure or revenue. 18
(6) An election costing request must: 19
(a) be in writing, and 20
(b) outline fully each policy to be costed, giving all relevant details 21
for the purpose of costing the policy, and 22
(c) state the purpose or intention of the policy. 23
(7) For the purposes of this section, a policy is taken to be announced or 24
proposed by a parliamentary leader if it is announced or proposed by a 25
member of Parliament on behalf of the leader or of the party concerned. 26
19 Period during which election policy costings may be requested 27
(1) An election costing request may be made at any time during the period 28
before a State general election is due to be held, being the period 29
commencing on the day on which the last State budget before the 30
election is presented to Parliament (the pre-election period). 31
(2) For the purposes of the State general election due to be held on 32
26 March 2011, the pre-election period commences on 33
25 January 2011. 34
Page 11
Clause 20 Parliamentary Budget Officer Bill 2010
Part 4 Election policy costings
20 Withdrawal of election costing requests 1
(1) A parliamentary leader may, by notice in writing given to the 2
Parliamentary Budget Officer, withdraw any election costing request 3
that he or she has made. 4
(2) An election costing request may be withdrawn at any time before the 5
election policy costing is provided to the parliamentary leader who 6
made the request. 7
Division 2 Parliamentary Budget Officer to prepare costings 8
of election policies 9
21 Parliamentary Budget Officer to prepare costings of election policies 10
(1) As soon as possible after receiving an election costing request, the 11
Parliamentary Budget Officer is to: 12
(a) prepare a costing of the policy concerned, and 13
(b) provide the costing to the parliamentary leader who made the 14
request. 15
(2) The Parliamentary Budget Officer is to inform a parliamentary leader 16
who makes an election costing request of any costing that the Officer is 17
unable to provide and of the reason that the costing cannot be provided. 18
(3) If the Parliamentary Budget Officer needs more information for the 19
purpose of costing a policy, the Officer may ask the parliamentary 20
leader who made the election costing request (or who announced or 21
proposed the policy) to provide that information in writing. 22
(4) A parliamentary leader is required to notify the Parliamentary Budget 23
Officer of the public announcement by that leader of policies that have 24
been costed by the Officer. 25
22 Public release of election policy costings 26
(1) A parliamentary leader may publicly release an election policy costing 27
provided to that leader by the Parliamentary Budget Officer. 28
(2) The Parliamentary Budget Officer is required to publicly release an 29
election costing request and the election policy costing when the 30
parliamentary leader who requested the costing notifies the Officer that 31
the policy has been publicly announced. 32
(3) If the Parliamentary Budget Officer considers that an election policy 33
costing provided by the Officer has been publicly misrepresented, the 34
Officer may issue a public statement to correct the misrepresentation. 35
Page 12
Parliamentary Budget Officer Bill 2010 Clause 23
Election policy costings Part 4
23 Budget impact statements for all costed policies 1
(1) The Parliamentary Budget Officer is to prepare, during the pre-election 2
period, a separate budget impact statement for the respective policies of 3
each parliamentary leader that have been costed under this Part. 4
(2) A budget impact statement is to list the relevant costed policies and 5
show: 6
(a) a summary of the assessed financial impact of each costed policy, 7
and 8
(b) the total net financial impact of all the costed policies, 9
on the current year's State budget and on the forward estimates for the 10
period to which the pre-election half-yearly budget review relates. The 11
budget impact statement is also to show the impact of all the costed 12
policies on the State's net financial liabilities. 13
(3) The Parliamentary Budget Officer is to provide, on the day that is the 14
fifteenth last day before the State general election is due to be held, a 15
draft budget impact statement to each parliamentary leader in relation to 16
his or her respective policies. 17
Note. For the purposes of the State general election due to be held on 18
26 March 2011, the draft statements are to be provided on 11 March 2011. 19
(4) A parliamentary leader may, within 48 hours after being provided with 20
a draft budget impact statement, notify the Parliamentary Budget 21
Officer in writing of his or her final list of costed policies for inclusion 22
in the budget impact statement. 23
(5) The Parliamentary Budget Officer is to: 24
(a) revise the draft budget impact statements in accordance with any 25
such notification, and 26
(b) publicly release all the final budget impact statements on the day 27
that is the fifth last day before the State general election is due to 28
be held. 29
Note. For the purposes of the State general election due to be held on 30
26 March 2011, the final statements are to be released on 21 March 2011. 31
(6) When the Parliamentary Budget Officer releases a budget impact 32
statement, the Officer is also required to publicly release election 33
costing requests and the election policy costings for all policies listed in 34
the budget impact statement. 35
Division 3 General election costing provisions 36
24 Pre-election statement of uncommitted State funds 37
The Secretary of the Treasury is to publicly release, at the same time as 38
the public release of the pre-election half-yearly budget review, a 39
Page 13
Clause 25 Parliamentary Budget Officer Bill 2010
Part 4 Election policy costings
statement of the amount of uncommitted funds that are available (within 1
the revised estimates of recurrent and capital expenditures) to meet any 2
future expenditure commitments for the General Government Sector for 3
the period to which the review relates. 4
25 Parliamentary Budget Officer guidelines 5
The Parliamentary Budget Officer may issue guidelines for the 6
purposes of the making of election costing requests and the preparation 7
of election policy costings and budget impact statements under this Part. 8
26 Revision of election policy costings and budget impact statements to 9
correct any errors 10
The Parliamentary Budget Officer may revise an election policy costing 11
or budget impact statement under this Part at any time after it is made to 12
correct any error, and provide or release the revised costing or 13
statement. 14
27 Nominee may act for parliamentary leader 15
Any function of a parliamentary leader under this Part may be exercised 16
on his or her behalf by a nominee of the leader, being a person 17
nominated by the leader from time to time by notice in writing to the 18
Parliamentary Budget Officer. 19
Page 14
Parliamentary Budget Officer Bill 2010 Clause 28
Miscellaneous Part 5
Part 5 Miscellaneous 1
28 Nature of proceedings for offences 2
Proceedings for an offence under this Act may be dealt with summarily 3
before the Local Court. 4
29 Regulations 5
(1) The Governor may make regulations, not inconsistent with this Act, for 6
or with respect to any matter that by this Act is required or permitted to 7
be prescribed or that is necessary or convenient to be prescribed for 8
carrying out or giving effect to this Act. 9
(2) The regulations may contain provisions of a savings or transitional 10
nature consequent on the enactment of the following Acts: 11
this Act 12
(3) Any such provision may, if the regulations so provide, take effect from 13
the date of assent to the Act concerned or a later date. 14
(4) To the extent to which any such provision takes effect from a date that 15
is earlier than the date of its publication on the NSW legislation website, 16
the provision does not operate so as: 17
(a) to affect, in a manner prejudicial to any person (other than the 18
State or an authority of the State), the rights of that person 19
existing before the date of its publication, or 20
(b) to impose liabilities on any person (other than the State or an 21
authority of the State) in respect of anything done or omitted to 22
be done before the date of its publication. 23
30 Review of Act 24
(1) The Minister is to review this Act to determine whether the policy 25
objectives of the Act remain valid and whether the terms of the Act 26
remain appropriate for securing those objectives. 27
(2) The review is to be undertaken as soon as possible after the period of 28
5 years from the date of assent to this Act. 29
(3) A report on the outcome of the review is to be tabled in each House of 30
Parliament within 12 months after the end of the period of 5 years. 31
31 Repeal of Charter of Budget Honesty (Election Promises Costing) Act 32
2006 No 89 33
The Charter of Budget Honesty (Election Promises Costing) Act 2006 34
is repealed. 35
Page 15
Parliamentary Budget Officer Bill 2010
Schedule 1 Amendment of other Acts
Schedule 1 Amendment of other Acts 1
1.1 Government Information (Public Access) Act 2009 No 52 2
Schedule 1 Information for which there is conclusive presumption of 3
overriding public interest against disclosure 4
Omit the matter relating to the Charter of Budget Honesty (Election Promises 5
Costing) Act 2006 from clause 1 of the Schedule. 6
Insert instead after the matter relating to the Jury Act 1977: 7
Parliamentary Budget Officer Act 2010--section 17 8
(Confidentiality of information or documents relating to election 9
policy and other costings) 10
1.2 Statutory and Other Offices Remuneration Act 1975 (1976 11
No 4) 12
Schedule 2 Public offices 13
Insert at the end of Part 2 of the Schedule: 14
Parliamentary Budget Officer (under the Parliamentary Budget 15
Officer Act 2010) 16
Page 16
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