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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Government Sector Finance Amendment
(Integrity Agencies) Bill 2024
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Government Sector Finance Act 2018 No 55 3
Schedule 2 Consequential amendments of other Acts 5
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL, has finally
passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW SOUTH WALES.
Clerk of the Parliaments
egislative Council
2024
New South Wales
Government Sector Finance Amendment
(Integrity Agencies) Bill 2024
Act No , 2024
An Act to amend the Government Sector Finance Act 2018 to make provision about the funding
of integrity agencies; to make consequential amendments to other Acts; and for other purposes.
Government Sector Finance Amendment (Integrity Agencies) Bill 2024 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Government Sector Finance Amendment (Integrity Agencies) Act
2024.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
Page 2
Government Sector Finance Amendment (Integrity Agencies) Bill 2024 [NSW]
Schedule 1 Amendment of Government Sector Finance Act 2018 No 55
Schedule 1 Amendment of Government Sector Finance Act
2018 No 55
[1] Section 2.4 GSF agencies
Omit section 2.4(1)(e).
[2] Section 2.5 Separate GSF agency
Insert after section 2.5(1)(c)--
(c1) the Law Enforcement Conduct Commission,
[3] Part 4, Division 4.2A
Insert after Division 4.2--
Division 4.2A Appropriations for integrity agencies
4.14A Definitions
In this division--
integrity agency means the following--
(a) the Audit Office,
(b) the Independent Commission Against Corruption,
(c) the Law Enforcement Conduct Commission,
(d) the New South Wales Electoral Commission,
(e) the Ombudsman's Office.
relevant parliamentary oversight committee means the following--
(a) for the Audit Office--the Public Accounts Committee,
(b) for the Independent Commission Against Corruption--the Committee
on the Independent Commission Against Corruption,
(c) for the Law Enforcement Conduct Commission or the Ombudsman's
Office--the Committee on the Ombudsman, the Law Enforcement
Conduct Commission and the Crime Commission,
(d) for the New South Wales Electoral Commission--the Joint Standing
Committee on Electoral Matters or a committee of Parliament
designated by the Parliament for this division.
4.14B Notification of proposed budget allocation
(1) The Treasurer must give written notice to the head of an integrity agency of
the amount proposed to be appropriated for the services of the agency in the
next annual Appropriation Act.
(2) If the amount is different from the amount sought for the integrity agency in a
budget proposal, the notice must include reasons for the variation.
(3) The Treasurer must also give a copy of the notice to the relevant parliamentary
oversight committee.
(4) The Treasurer must give the notice under subsection (1) and the copy of the
notice under subsection (3) within 7 days after the Bill for the Act is introduced
into the Legislative Assembly.
Page 3
Government Sector Finance Amendment (Integrity Agencies) Bill 2024 [NSW]
Schedule 1 Amendment of Government Sector Finance Act 2018 No 55
(5) The relevant parliamentary oversight committee must, within 3 months after
receiving the notice under subsection (4), examine and report on the
appropriation to--
(a) either--
(i) the Legislative Assembly, if the report is prepared by the Public
Accounts Committee, or
(ii) both Houses of Parliament, if the report is prepared by another
parliamentary oversight committee, and
(b) the Treasurer.
(6) The Treasurer must respond in writing to the relevant parliamentary oversight
committee within 3 months after receiving the report.
4.14C Application for contingency funding
(1) The Treasurer must consider the following before deciding an application for
funding to an integrity agency from a sum appropriated to the Treasurer for
contingencies in relation to integrity agencies (the contingency fund)--
(a) the independence of the integrity agency from the direction or control
of the executive government,
(b) whether the expenditure or reduction in revenue to which the
contingency relates is urgent and unforeseen,
(c) whether refusing the application would cause the integrity agency to be
unable to fulfil a statutory function,
(d) the availability of the funding from the contingency fund.
(2) The Treasurer must decide the application as soon as reasonably practicable
after receiving the application.
(3) The Treasurer must give written notice of the decision on the application to--
(a) the head of an integrity agency, and
(b) the relevant parliamentary oversight committee.
Division 4.2B Appropriations for the Legislature
4.14D Notification of proposed budget allocation
(1) The Treasurer must give written notice to the following of the amount
proposed to be appropriated for the services of the Legislature in the next
annual Appropriation Act--
(a) the Presiding Officer of each House of Parliament,
(b) any committee of Parliament, or a House of Parliament, designated by
the Parliament or the House for this section.
(2) If the amount is different from the amount sought for the services of the
Legislature in a budget proposal, the notice must include reasons for the
variation.
(3) The Treasurer must give the notice within 7 days after the Bill for the annual
Appropriation Act is introduced into the Legislative Assembly.
Page 4
Government Sector Finance Amendment (Integrity Agencies) Bill 2024 [NSW]
Schedule 2 Consequential amendments of other Acts
Schedule 2 Consequential amendments of other Acts
2.1 Appropriation Act 2024 No 36
Section 37 Contingencies in relation to integrity agencies
Omit the section.
2.2 Electoral Act 2017 No 66
Section 267A
Insert after section 267--
267A Additional functions of relevant parliamentary oversight committee
The functions of the relevant parliamentary oversight committee for the
Electoral Commission, within the meaning of the Government Sector Finance
Act 2018, Part 4, Division 4.2A, include examining and reporting to both
Houses of Parliament about the annual appropriation for the services of the
Electoral Commission.
2.3 Government Sector Audit Act 1983 No 152
Section 57 Functions of Committee
Insert after section 57(1)(c1)--
(c2) to examine and report to the Legislative Assembly about the annual
appropriation for the services of the Auditor-General,
Note-- See the Government Sector Finance Act 2018, section 4.14B(5) which
provides for the Committee to examine and report within 3 months after
receiving notice under that section of the amount proposed to be appropriated.
2.4 Independent Commission Against Corruption Act 1988 No 35
[1] Section 64 Functions
Insert after section 64(1)(a)--
(a1) to examine and report to both Houses of Parliament about the annual
appropriation for the services of the Commission,
Note-- See the Government Sector Finance Act 2018, section 4.14B(5) which
provides for the Joint Committee to examine and report within 3 months after
receiving notice under that section of the amount proposed to be appropriated.
[2] Section 64(1)(b)
Insert "other" after "any".
2.5 Law Enforcement Conduct Commission Act 2016 No 61
[1] Section 131 Functions
Insert after section 131(1)(a)--
(a1) to examine and report to both Houses of Parliament about the annual
appropriation for the services of the Commission,
Note-- See the Government Sector Finance Act 2018, section 4.14B(5) which
provides for the Joint Committee to examine and report within 3 months after
receiving notice under that section of the amount proposed to be appropriated.
Page 5
Government Sector Finance Amendment (Integrity Agencies) Bill 2024 [NSW]
Schedule 2 Consequential amendments of other Acts
[2] Section 131(1)(b)
Insert "other" after "any".
2.6 Ombudsman Act 1974 No 68
[1] Section 31B Functions
Insert after section 31B(1)(a)--
(a1) to examine and report to both Houses of Parliament about the annual
appropriation for the services of the Ombudsman,
Note-- See the Government Sector Finance Act 2018, section 4.14B(5) which
provides for the Joint Committee to examine and report within 3 months after
receiving notice under that section of the amount proposed to be appropriated.
[2] Section 31B(1)(b)
Insert "other" after "any".
Page 6
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