Appropriation Act 2009 (NSW)

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An Act to appropriate out of the Consolidated Fund sums for the recurrent services and capital works and services of the Government for the year 2009–10.

Part 1Preliminary1Name of Act

This Act is the Appropriation Act 2009.

2Commencement

This Act commences or is taken to have commenced on 1 July 2009.

3Interpretation

In this Act, a reference to the year 2009–10 is a reference to the year from 1 July 2009 to 30 June 2010.

Part 2Appropriations out of the Consolidated Fund4General appropriation from Consolidated Fund 2009–10 for recurrent services(1)

Out of the Consolidated Fund there are hereby appropriated the sums identified in sections 6 to 25, inclusive, as the sums appropriated by this Act for recurrent services, which sums may be issued and applied for or towards the several uses and purposes expressed in those sections for the recurrent services of the Government for the year 2009–10.

(2)

The total sum appropriated out of the Consolidated Fund for the recurrent services of the Government for the year 2009–10, in accordance with the provisions of sections 6 to 25, inclusive, is the sum of $44,989,326,000.

(3)

Any amounts expended for recurrent services under section 25 of the Public Finance and Audit Act 1983 or any Supply Act on or after 1 July 2009 and before the date of assent to this Act are taken to have been expended out of such of the sums for recurrent services set out in sections 6 to 25, inclusive, as may be determined by the Treasurer.

5General appropriation from Consolidated Fund 2009–10 for capital works and services(1)

Out of the Consolidated Fund there are hereby appropriated the sums identified in sections 6 to 25, inclusive, as the sums appropriated by this Act for capital works and services, which sums may be issued and applied for or towards the several uses and purposes expressed in those sections for capital works and services for the year 2009–10.

(2)

The total sum appropriated out of the Consolidated Fund for capital works and services for the year 2009–10, in accordance with the provisions of sections 6 to 25, inclusive, is the sum of $6,540,252,000.

(3)

Any amounts expended for capital works and services under section 25 of the Public Finance and Audit Act 1983 or any Supply Act on or after 1 July 2009 and before the date of assent to this Act are taken to have been expended out of such of the sums for capital works and services set out in sections 6 to 25, inclusive, as may be determined by the Treasurer.

6Premier, and Minister for the Arts(1)

RECURRENT SERVICES: The sum of $682,014,000 is hereby appropriated to the Premier, and Minister for the Arts for the recurrent services of the following:

$,000

01.

Department of Premier and Cabinet

267,439

02.

Independent Pricing and Regulatory Tribunal of New South Wales

16,322

03.

Natural Resources Commission

4,548

04.

Department of the Arts, Sport and Recreation

393,705

Total, Recurrent Services

682,014

(2)

CAPITAL WORKS AND SERVICES: The sum of $21,322,000 is hereby appropriated to the Premier, and Minister for the Arts for the capital works and services of the following:

$,000

01.

Department of Premier and Cabinet

3,552

02.

Independent Pricing and Regulatory Tribunal of New South Wales

180

03.

Natural Resources Commission

309

04.

Department of the Arts, Sport and Recreation

17,281

Total, Capital Works and Services

21,322

7Deputy Premier, Minister for Climate Change and the Environment, and Minister for Commerce(1)

RECURRENT SERVICES: The sum of $837,354,000 is hereby appropriated to the Deputy Premier, Minister for Climate Change and the Environment, and Minister for Commerce for the recurrent services of the following:

$,000

01.

Department of Environment and Climate Change

570,220

02.

Environmental Trust

94,588

03.

Royal Botanic Gardens and Domain Trust

19,090

04.

Department of Commerce

153,456

Total, Recurrent Services

837,354

(2)

CAPITAL WORKS AND SERVICES: The sum of $47,816,000 is hereby appropriated to the Deputy Premier, Minister for Climate Change and the Environment, and Minister for Commerce for the capital works and services of the following:

$,000

01.

Department of Environment and Climate Change

41,562

02.

Royal Botanic Gardens and Domain Trust

2,860

03.

Department of Commerce

3,394

Total, Capital Works and Services

47,816

8Minister for Ageing, Minister for Disability Services, and Minister for Aboriginal Affairs(1)

RECURRENT SERVICES: The sum of $2,198,176,000 is hereby appropriated to the Minister for Ageing, Minister for Disability Services, and Minister for Aboriginal Affairs for the recurrent services of the following:

$,000

01.

Department of Ageing, Disability and Home Care

2,172,123

02.

Department of Aboriginal Affairs

26,053

Total, Recurrent Services

2,198,176

(2)

CAPITAL WORKS AND SERVICES: The sum of $145,510,000 is hereby appropriated to the Minister for Ageing, Minister for Disability Services, and Minister for Aboriginal Affairs for the capital works and services of the following:

$,000

01.

Department of Ageing, Disability and Home Care

145,370

02.

Department of Aboriginal Affairs

140

Total, Capital Works and Services

145,510

9Attorney General, and Minister for Industrial Relations(1)

RECURRENT SERVICES: The sum of $561,950,000 is hereby appropriated to the Attorney General, and Minister for Industrial Relations for the recurrent services of the following:

$,000

01.

Attorney General’s Department

414,130

02.

Judicial Commission of New South Wales

4,323

03.

Legal Aid Commission of New South Wales

143,497

Total, Recurrent Services

561,950

(2)

CAPITAL WORKS AND SERVICES: The sum of $45,627,000 is hereby appropriated to the Attorney General, and Minister for Industrial Relations for the capital works and services of the following:

$,000

01.

Attorney General’s Department

41,877

02.

Judicial Commission of New South Wales

150

03.

Legal Aid Commission of New South Wales

3,600

Total, Capital Works and Services

45,627

10Minister for Community Services(1)

RECURRENT SERVICES: The sum of $1,512,147,000 is hereby appropriated to the Minister for Community Services for the recurrent services of the following:

$,000

01.

Department of Community Services

1,512,147

Total, Recurrent Services

1,512,147

(2)

CAPITAL WORKS AND SERVICES: The sum of $26,378,000 is hereby appropriated to the Minister for Community Services for the capital works and services of the following:

$,000

01.

Department of Community Services

26,378

Total, Capital Works and Services

26,378

11Minister for Corrective Services, Minister for Public Sector Reform, and Special Minister of State(1)

RECURRENT SERVICES: The sum of $804,690,000 is hereby appropriated to the Minister for Corrective Services, Minister for Public Sector Reform, and Special Minister of State for the recurrent services of the following:

$,000

01.

Department of Corrective Services

804,690

Total, Recurrent Services

804,690

(2)

CAPITAL WORKS AND SERVICES: The sum of $130,245,000 is hereby appropriated to the Minister for Corrective Services, Minister for Public Sector Reform, and Special Minister of State for the capital works and services of the following:

$,000

01.

Department of Corrective Services

130,245

Total, Capital Works and Services

130,245

12Minister for Education and Training, and Minister for Women(1)

RECURRENT SERVICES: The sum of $10,029,317,000 is hereby appropriated to the Minister for Education and Training, and Minister for Women for the recurrent services of the following:

$,000

01.

Department of Education and Training

9,933,258

02.

Office of the Board of Studies

96,059

Total, Recurrent Services

10,029,317

(2)

CAPITAL WORKS AND SERVICES: The sum of $2,532,980,000 is hereby appropriated to the Minister for Education and Training, and Minister for Women for the capital works and services of the following:

$,000

01.

Department of Education and Training

2,532,549

02.

Office of the Board of Studies

431

Total, Capital Works and Services

2,532,980

13Minister for Emergency Services, and Minister for Small Business(1)

RECURRENT SERVICES: The sum of $129,554,000 is hereby appropriated to the Minister for Emergency Services, and Minister for Small Business for the recurrent services of the following:

$,000

01.

New South Wales Fire Brigades

71,196

02.

Department of Rural Fire Service

51,165

03.

State Emergency Service

7,193

Total, Recurrent Services

129,554

(2)

CAPITAL WORKS AND SERVICES: The sum of $7,161,000 is hereby appropriated to the Minister for Emergency Services, and Minister for Small Business for the capital works and services of the following:

$,000

01.

New South Wales Fire Brigades

6,424

02.

Department of Rural Fire Service

310

03.

State Emergency Service

427

Total, Capital Works and Services

7,161

14Minister for Fair Trading, Minister for Citizenship, and Minister Assisting the Premier on the Arts(1)

RECURRENT SERVICES: The sum of $11,944,000 is hereby appropriated to the Minister for Fair Trading, Minister for Citizenship, and Minister Assisting the Premier on the Arts for the recurrent services of the following:

$,000

01.

Community Relations Commission of New South Wales

11,944

Total, Recurrent Services

11,944

(2)

CAPITAL WORKS AND SERVICES: The sum of $35,000 is hereby appropriated to the Minister for Fair Trading, Minister for Citizenship, and Minister Assisting the Premier on the Arts for the capital works and services of the following:

$,000

01.

Community Relations Commission of New South Wales

35

Total, Capital Works and Services

35

15Minister for Gaming and Racing, and Minister for Sport and Recreation(1)

RECURRENT SERVICES: The sum of $7,057,000 is hereby appropriated to the Minister for Gaming and Racing, and Minister for Sport and Recreation for the recurrent services of the following:

$,000

01.

Casino, Liquor and Gaming Control Authority

7,057

Total, Recurrent Services

7,057

(2)

CAPITAL WORKS AND SERVICES: The sum of $70,000 is hereby appropriated to the Minister for Gaming and Racing, and Minister for Sport and Recreation for the capital works and services of the following:

$,000

01.

Casino, Liquor and Gaming Control Authority

70

Total, Capital Works and Services

70

16Minister for Health, and Minister for the Central Coast(1)

RECURRENT SERVICES: The sum of $11,475,154,000 is hereby appropriated to the Minister for Health, and Minister for the Central Coast for the recurrent services of the following:

$,000

01.

Department of Health

11,465,281

02.

Health Care Complaints Commission

9,873

Total, Recurrent Services

11,475,154

(2)

CAPITAL WORKS AND SERVICES: The sum of $405,446,000 is hereby appropriated to the Minister for Health, and Minister for the Central Coast for the capital works and services of the following:

$,000

01.

Department of Health

405,446

Total, Capital Works and Services

405,446

17Minister for Housing, and Minister for Western Sydney

RECURRENT SERVICES: The sum of $1,944,817,000 is hereby appropriated to the Minister for Housing, and Minister for Western Sydney for the recurrent services of the following:

$,000

01.

Payments to other Government bodies under the control of the Minister for Housing

1,944,817

Total, Recurrent Services

1,944,817

18Minister for Juvenile Justice, Minister for Volunteering, Minister for Youth, and Minister Assisting the Premier on Veterans’ Affairs(1)

RECURRENT SERVICES: The sum of $166,505,000 is hereby appropriated to the Minister for Juvenile Justice, Minister for Volunteering, Minister for Youth, and Minister Assisting the Premier on Veterans’ Affairs for the recurrent services of the following:

$,000

01.

Department of Juvenile Justice

152,036

02.

Office for Children

14,469

Total, Recurrent Services

166,505

(2)

CAPITAL WORKS AND SERVICES: The sum of $24,560,000 is hereby appropriated to the Minister for Juvenile Justice, Minister for Volunteering, Minister for Youth, and Minister Assisting the Premier on Veterans’ Affairs for the capital works and services of the following:

$,000

01.

Department of Juvenile Justice

23,397

02.

Office for Children

1,163

Total, Capital Works and Services

24,560

19Minister for Local Government, and Minister Assisting the Minister for Health (Mental Health)(1)

RECURRENT SERVICES: The sum of $85,765,000 is hereby appropriated to the Minister for Local Government, and Minister Assisting the Minister for Health (Mental Health) for the recurrent services of the following:

$,000

01.

Department of Local Government

85,765

Total, Recurrent Services

85,765

(2)

CAPITAL WORKS AND SERVICES: The sum of $150,000 is hereby appropriated to the Minister for Local Government, and Minister Assisting the Minister for Health (Mental Health) for the capital works and services of the following:

$,000

01.

Department of Local Government

150

Total, Capital Works and Services

150

20Minister for Planning, and Minister for Redfern Waterloo(1)

RECURRENT SERVICES: The sum of $107,057,000 is hereby appropriated to the Minister for Planning, and Minister for Redfern Waterloo for the recurrent services of the following:

$,000

01.

Department of Planning

72,861

02.

Sydney Olympic Park Authority

34,196

Total, Recurrent Services

107,057

(2)

CAPITAL WORKS AND SERVICES: The sum of $9,975,000 is hereby appropriated to the Minister for Planning, and Minister for Redfern Waterloo for the capital works and services of the following:

$,000

01.

Department of Planning

3,164

02.

Sydney Olympic Park Authority

6,811

Total, Capital Works and Services

9,975

21Minister for Police, Minister for Lands, and Minister for Rural Affairs(1)

RECURRENT SERVICES: The sum of $2,237,453,000 is hereby appropriated to the Minister for Police, Minister for Lands, and Minister for Rural Affairs for the recurrent services of the following:

$,000

01.

Ministry for Police

7,163

02.

NSW Police Force

2,131,973

03.

New South Wales Crime Commission

15,372

04.

Police Integrity Commission

17,780

05.

Department of Lands

65,165

Total, Recurrent Services

2,237,453

(2)

CAPITAL WORKS AND SERVICES: The sum of $140,645,000 is hereby appropriated to the Minister for Police, Minister for Lands, and Minister for Rural Affairs for the capital works and services of the following:

$,000

01.

Ministry for Police

69

02.

NSW Police Force

136,831

03.

New South Wales Crime Commission

1,561

04.

Police Integrity Commission

1,790

05.

Department of Lands

394

Total, Capital Works and Services

140,645

22Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development(1)

RECURRENT SERVICES: The sum of $1,228,127,000 is hereby appropriated to the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development for the recurrent services of the following:

$,000

01.

Department of Primary Industries

234,078

02.

New South Wales Rural Assistance Authority

258,954

03.

Department of Water and Energy

480,869

04.

Department of State and Regional Development

254,226

Total, Recurrent Services

1,228,127

(2)

CAPITAL WORKS AND SERVICES: The sum of $37,438,000 is hereby appropriated to the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development for the capital works and services of the following:

$,000

01.

Department of Primary Industries

30,860

02.

New South Wales Rural Assistance Authority

50

03.

Department of Water and Energy

6,049

04.

Department of State and Regional Development

479

Total, Capital Works and Services

37,438

23Minister for Roads(1)

RECURRENT SERVICES: The sum of $1,563,835,000 is hereby appropriated to the Minister for Roads for the recurrent services of the following:

$,000

01.

Roads and Traffic Authority of New South Wales

1,563,835

Total, Recurrent Services

1,563,835

(2)

CAPITAL WORKS AND SERVICES: The sum of $2,456,187,000 is hereby appropriated to the Minister for Roads for the capital works and services of the following:

$,000

01.

Roads and Traffic Authority of New South Wales

2,456,187

Total, Capital Works and Services

2,456,187

24Minister for Transport, and Minister for the Illawarra(1)

RECURRENT SERVICES: The sum of $4,364,122,000 is hereby appropriated to the Minister for Transport, and Minister for the Illawarra for the recurrent services of the following:

$,000

01.

Ministry of Transport

4,346,222

02.

Independent Transport Safety and Reliability Regulator

15,785

03.

Office of Transport Safety Investigations

2,115

Total, Recurrent Services

4,364,122

(2)

CAPITAL WORKS AND SERVICES: The sum of $14,743,000 is hereby appropriated to the Minister for Transport, and Minister for the Illawarra for the capital works and services of the following:

$,000

01.

Ministry of Transport

14,723

02.

Office of Transport Safety Investigations

20

Total, Capital Works and Services

14,743

25Treasurer(1)

RECURRENT SERVICES: The sum of $5,042,288,000 is hereby appropriated to the Treasurer for the recurrent services of the following:

$,000

01.

Treasury

175,844

02.

Crown Finance Entity

4,566,444

03.

Advance to the Treasurer

300,000

Total, Recurrent Services

5,042,288

(2)

CAPITAL WORKS AND SERVICES: The sum of $493,964,000 is hereby appropriated to the Treasurer for the capital works and services of the following:

$,000

01.

Treasury

9,461

02.

Crown Finance Entity

344,503

03.

Advance to the Treasurer

140,000

Total, Capital Works and Services

493,964

Part 3Additional appropriation for health related services26Additional appropriation from Consolidated Fund 2009–10 for recurrent services(1)

Out of the Consolidated Fund there is hereby appropriated the sum identified in section 27, to the Minister specified in relation to that sum, for recurrent services, which sum may be issued and applied for or towards the use and purpose expressed in that section for the recurrent services of the Government for the year 2009–10.

(2)

The total sum appropriated out of the Consolidated Fund in accordance with the provisions of this Part is the sum of $236,000,000.

(3)

The sum appropriated by this Part is in addition to any other sum appropriated by this Act for recurrent services.

(4)

Any amounts expended for recurrent services under section 25 of the Public Finance and Audit Act 1983 or any Supply Act on or after 1 July 2009 and before the date of assent to this Act are taken to have been expended out of such of the sum for recurrent services set out in section 27 as may be determined by the Treasurer.

27Special appropriation to Minister for Health—additional revenue from gaming machine taxes

RECURRENT SERVICES: The sum of $236,000,000 is hereby appropriated to the Minister for Health for the recurrent services of the following:

$,000

01.

Department of Health

236,000

Total, Recurrent Services

236,000

Note—

This Part allocates additional revenue raised in connection with changes to gaming machine taxes to the Minister for Health for spending on recurrent health related services.

Part 4General28Variation of authorised payments from Consolidated Fund(1)

In this section, purpose means a purpose specified in Part 2 or 3 in relation to a Minister to which a sum is appropriated for recurrent services or for capital works and services.

(2)

Payment of a sum appropriated under Part 2 or 3 for a purpose may not be made in excess of the sum specified for the purpose or, if the same purpose is specified in Parts 2 and 3, the total sum specified for that purpose, except as provided by this section or Division 4 of Part 2 of the Public Finance and Audit Act 1983.

(3)

If the exigencies of government so require, the Treasurer may authorise the payment of a sum in excess of the sum or total sum specified for a purpose, but only if an equivalent sum is not paid out for another purpose, whether the other purpose is specified in relation to the same or a different Minister, subject to subsections (4) and (5).

(4)

A sum appropriated for recurrent services may only be paid out for recurrent services and a sum appropriated for capital works and services may only be paid out for capital works and services.

(5)

A sum appropriated under Part 3 may only be paid out for a purpose specified in Part 3.

(6)

This section does not apply to sums appropriated by another Act.

(7)

This section does not enable the Treasurer to authorise the payment of a sum in augmentation of, or as an addition to, any salary or wages the amount of which has been fixed by law.

(8)

The Treasurer is to inform the Auditor-General of every authorisation given under this section.

(9)

An authorisation under this section may be given before or after the relevant payment is made.

29Appointment of person to carry out the functions of the Treasurer under section 28(1)

The Treasurer may appoint a person to carry out the Treasurer’s functions under section 28.

(2)

Any such appointment is subject to such conditions (if any) as the Treasurer determines.

(3)

The Treasurer may revoke any such appointment at any time.

(4)

A person appointed under this section has, in place of the Treasurer, the Treasurer’s function under section 28 (8) of informing the Auditor-General of every authorisation given by the person under section 28.

30Delayed restructures(1)

Without limiting section 28, if the responsibility for a service or function for which an appropriation is made in this Act is transferred on or after 1 July 2009 because of the determination made before that date by the Premier to create new ministries, or to change or abolish existing ministries, and consequently to create, restructure or abolish any authority, the appropriation does not lapse and may be issued and applied, in accordance with such determination as may be made by the Treasurer, for or towards the service or function the responsibility for which is transferred.

(2)

Section 24 of the Public Finance and Audit Act 1983 does not apply to or in respect of an appropriation, service or function to which this section applies.

31Tabling of Budget Papers(1)

If the Legislative Assembly is not sitting at the time when a Budget Paper for the year 2009–10 is sought to be tabled in the Legislative Assembly, a Minister may, for the purpose of complying with section 27AB of the Public Finance and Audit Act 1983, present the Budget Paper to the Clerk of the Legislative Assembly to be dealt with in accordance with section 63C of that Act.

(2)

Section 63C of the Public Finance and Audit Act 1983 applies in relation to a Budget Paper that is presented to the Clerk of the Legislative Assembly under this section in the same way as it applies to a report presented to the Clerk of the Legislative Assembly under a provision of that Act.

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