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This is a Bill, not an Act. For current law, see the Acts databases.
Parliamentary Budget Officer
Amendment Bill 2013
No , 2013
A Bill for
An Act to amend the Parliamentary Budget Officer Act 2010 to revise the role of the
Parliamentary Budget Officer and to make further provision with respect to the
costing of election promises.
Clause 1 Parliamentary Budget Officer Amendment Bill 2013
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Parliamentary Budget Officer Amendment Act 2013. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Parliamentary Budget Officer Amendment Bill 2013
Amendment of Parliamentary Budget Officer Act 2010 No 83 Schedule 1
Schedule 1 Amendment of Parliamentary Budget 1
Officer Act 2010 No 83 2
[1] Section 3 Definitions 3
Omit the definition of parliamentary leader from section 3 (1). Insert instead: 4
parliamentary leader means either of the following: 5
(a) the Premier, 6
(b) the Leader of the Opposition. 7
[2] Section 3 (1) 8
Insert in alphabetical order: 9
State general election does not include a State general election 10
held following the dissolution of the Legislative Assembly, 11
unless the election is to be held after the due date for the election 12
following the expiry of the Legislative Assembly or within 13
1 month before that due date. 14
[3] Section 3 (2) 15
Omit the subsection. 16
[4] Section 6 Appointment of Parliamentary Budget Officer 17
Omit section 6 (1). Insert instead: 18
(1) The Presiding Officers are to appoint a person as Parliamentary 19
Budget Officer for each State general election. Each appointment 20
is to take effect on or as soon as practicable after 1 September 21
immediately before the general election is due to be held. 22
[5] Section 7 23
Omit the section. Insert instead: 24
7 Term of office of Parliamentary Budget Officer 25
(1) The Parliamentary Budget Officer holds office for the period that 26
is specified in his or her instrument of appointment. The period 27
cannot extend for more than 3 months after the holding of the 28
State general election for which the appointment was made. 29
(2) A person appointed as Parliamentary Budget Officer for a State 30
general election may be re-appointed for a subsequent State 31
general election. 32
Page 3
Parliamentary Budget Officer Amendment Bill 2013
Schedule 1 Amendment of Parliamentary Budget Officer Act 2010 No 83
[6] Section 9 Vacancy in office of Parliamentary Budget Officer 1
Omit "and is not re-appointed" from section 9 (1) (b). 2
[7] Section 9 (3) 3
Omit the subsection. Insert instead: 4
(3) If the office of the Parliamentary Budget Officer becomes vacant 5
before the Officer's duties with respect to the State general 6
election for which he or she was appointed have been completed, 7
the Presiding Officers are to appoint a person to fill the vacancy 8
for the balance of the predecessor's term of office. 9
[8] Section 13 Functions relating to advice etc to members of Parliament 10
Omit the section. 11
[9] Section 14 Operational plan 12
Omit "commencement of this Part and after each State general election" from 13
section 14 (2). 14
Insert instead "appointment of the Parliamentary Budget Officer". 15
[10] Section 15 16
Omit the section. Insert instead: 17
15 Role of Public Accounts Committee 18
(1) The Public Accounts Committee of the Legislative Assembly 19
may monitor and review the operations of the Parliamentary 20
Budget Officer appointed for a State general election and report 21
to Parliament on any matter relating to that Officer. 22
(2) The Parliamentary Budget Officer is to provide to the Public 23
Accounts Committee a copy of the operational plan of the 24
Parliamentary Budget Officer as soon as practicable after it is 25
approved by the Presiding Officers. 26
(3) The Parliamentary Budget Officer is required to furnish a report 27
to the Public Accounts Committee as soon as practicable after the 28
holding of the State general election for which he or she was 29
appointed. The report may include recommendations on 30
operational arrangements and activities of the Parliamentary 31
Budget Officer in respect of future general elections. 32
[11] Section 16 Parliamentary Budget Officer to have access to Government 33
agencies 34
Omit "or other" from section 16 (1). 35
Page 4
Parliamentary Budget Officer Amendment Bill 2013
Amendment of Parliamentary Budget Officer Act 2010 No 83 Schedule 1
[12] Section 17 Confidentiality of information or documents relating to 1
election policy costings 2
Omit section 17 (1) (b) and (2) (b). 3
[13] Section 17 (3) (c) 4
Omit "or other". 5
[14] Section 18 Request for election policy costings by parliamentary leaders 6
Insert before section 18 (1): 7
(1A) A parliamentary leader has the following obligations: 8
(a) a parliamentary leader is to have costed under this Part all 9
the policies of the leader's party that are proposed to be 10
implemented if the party is elected to Government at the 11
next State general election and that are likely to impact on 12
the current and relevant forward budget estimates, 13
(b) a parliamentary leader is to advise the Parliamentary 14
Budget Officer in writing on the fifth last day before the 15
State general election is due to be held that all such policies 16
of the leader's party have been notified to the 17
Parliamentary Budget Officer. 18
This subsection does not place an obligation on a parliamentary 19
leader that is enforceable in a court or tribunal. 20
[15] Section 19 21
Omit the section. Insert instead: 22
19 When election policy costings to be requested 23
(1) Election costing requests are to be made by a parliamentary 24
leader after the operational plan prepared by the Parliamentary 25
Budget Officer under section 14 has been approved by the 26
Presiding Officers and tabled in each House of Parliament. The 27
requests are to be made in sufficient time before the State general 28
election to enable the parliamentary leader to comply with 29
section 18 (1A). 30
(2) For the purposes of subsection (1), an operational plan that is 31
approved by the Presiding Officers during a period when a House 32
of Parliament is not sitting is taken to have been tabled if it has 33
been provided to the Public Accounts Committee under 34
section 15 (2). 35
Page 5
Parliamentary Budget Officer Amendment Bill 2013
Schedule 1 Amendment of Parliamentary Budget Officer Act 2010 No 83
[16] Section 23 Budget impact statements for all costed policies 1
Omit ", during the pre-election period," from section 23 (1). 2
[17] Section 23 (2) 3
Omit "The budget impact statement is also to show the impact of all the costed 4
policies on the State's net financial liabilities.". 5
[18] Section 23 (2A) 6
Insert after section 23 (2): 7
(2A) The budget impact statement is also to show the impact of all the 8
costed policies on the following financial indicators: 9
(a) general government sector net operating result, being the 10
difference between expenses and revenues from 11
transactions for the general government sector, 12
(b) general government sector capital expenditure, 13
(c) general government sector net lending/borrowing, being 14
the financing requirement for the general government 15
sector that equals transactions in financial assets less 16
transactions in liabilities, 17
(d) general government sector net financial liabilities, being 18
the financial obligations of the general government sector 19
(including debt, unfunded superannuation liabilities, 20
insurance liabilities and employee related liabilities) less 21
its financial assets (including cash and investments), 22
(e) total state sector net financial liabilities. 23
[19] Section 23 (3) and (5) 24
Omit the notes to the subsections. 25
[20] Section 23 (7) 26
Insert after section 23 (6): 27
(7) The Parliamentary Budget Officer may publicly release revisions 28
to a final budget impact statement following further costings of 29
policies under this Part after the public release of the statement. 30
Page 6
Parliamentary Budget Officer Amendment Bill 2013
Amendment of Parliamentary Budget Officer Act 2010 No 83 Schedule 1
[21] Section 29 Regulations 1
Omit section 29 (2). Insert instead: 2
(2) The regulations may contain provisions of a savings or 3
transitional nature consequent on the enactment of this Act or any 4
Act that amends this Act. 5
Page 7
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