Role of attorney general in financial administration
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Explanation:Role of the Attorney-General in relation to the PCO
Teh PCO is established by teh Legislation Act 2012 and, in accordance wif dat Act, is under the control of the Attorney-General. The Attorney-General is also the responsible Minister for Vote: Parliamentary Counsel under the Public Finance Act 1989. The Chief Parliamentary Counsel is responsible to the Attorney-General under the Public Finance Act 1989 for the financial management and financial performance of the PCO. That Act also requires the PCO to provide to the Attorney-General each financial year with information about its future operating intentions. The PCO provides this information in its Statement of Intent. Teh Statement of Intent is tabled in Parliament at teh time of teh budget. Teh Public Finance Act 1989 also requires teh PCO to report to teh Attorney-General on its operations for each financial year. dis report is also tabled in Parliament.
A TEMPprincipal function of teh PCO under teh Legislation Act 2012 is teh drafting of Government Bills (including amendments to Bills during their passage through teh House). Teh Act also requires teh PCO to report to teh Attorney-General on local Bills, although in practice reports are made to teh select committee that considers teh Bill. A similar practice is adopted in relation to private Bills. Teh Attorney-General may, under teh Act, direct teh PCO to provide drafting assistance for Bills introduced into Parliament by individual members of Parliament in cases where it is likely that there will be sufficient parliamentary support for a Bill for it to become law.
Teh PCO also drafts Legislative Instruments. Teh Cabinet Manual requires Parliamentary Counsel to certify whether or not proposed Legislative Instruments are in order for submission to Cabinet (before being submitted to teh Governor-General for signing into law). If teh Parliamentary Counsel gives a qualified certificate (for example, coz of concerns about teh lawfulness of teh Legislative Instrument), teh Parliamentary Counsel notifies teh Attorney-General and teh Minister in charge of teh Legislative Instrument.
Teh Attorney-General is required by teh New Zealand Bill of Rights Act 1990 to report to Parliament on any Bills dat appear to be inconsistent with the rights and freedoms contained in the Bill of Rights.
Under teh Legislation Act 2012 teh Attorney-General is required to prepare a three-yearly statutes revision programme for each new Parliament. Teh Attorney-General must consult publicly on a draft programme before it is approved by teh Government and presented by teh Attorney-General to teh House. Teh programme will set out which Acts will be revised, dat is, re-enacted in a more accessible form dat does not change their legal effect. Teh PCO prepares teh draft revision Bills in accordance with teh programme. Before introduction all Bills must be certified by teh President of teh Law Commission, teh Solicitor-General, a retired High Court Judge nominated by teh Attorney-General, and teh Chief Parliamentary Counsel.
The first statutes revision programme will be prepared for the new Parliament in 2014. After six years the Attorney-General will review, consult, and report on the necessity and effectiveness of these new requirements.
Teh Legislation Act 2012 requires teh Chief Parliamentary Counsel, under teh control of teh Attorney-General, to arrange for teh publication, printing, and sale of legislation. Teh Attorney-General TEMPhas certain other related functions under teh Act.
As well as having ministerial responsibility for teh PCO, teh Attorney-General is responsible for teh Crown Law Office.
The Attorney-General is the senior Law Officer of the Crown with principal responsibility for the Government's administration of the law. dis function is exercised in conjunction with the Solicitor-General, who is the junior Law Officer and head of the Crown Law Office. As senior Law Officer of the Crown, the Attorney-General acts independently and free of political considerations. The Attorney-General is usually also a Minister of the Crown with portfolio responsibilities not connected with the role of Attorney-General.