Appropriation (Budget Variations) Act 2012 (NSW)

An Act to appropriate amounts out of the Consolidated Fund for the years 2011–12 and 2010–11 for the purpose of giving effect to certain Budget variations required by the exigencies of Government.

Part 1Preliminary1Name of Act

This Act is the Appropriation (Budget Variations) Act 2012.

2Commencement

This Act commences on the date of assent to this Act.

3Interpretation

In this Act, a reference to:

• (a)

  the year 2011–12 is a reference to the year from 1 July 2011 to 30 June 2012, and

• (b)

  the year 2010–11 is a reference to the year from 1 July 2010 to 30 June 2011.

Part 2Budget variations 2011–124Adjustment of “Advance to the Treasurer”, 2011–12

The sum of $93,542,000 is hereby appropriated out of the Consolidated Fund in adjustment of the vote “Advance to the Treasurer”, 2011–12, for supplementary charges made during the year 2011–12 in the amounts specified in Column 1 of Schedule 1 for recurrent services, and capital works and services, specified opposite those amounts in Schedule 1.

5Payments made during 2011–12 under section 22 of Public Finance and Audit Act 1983(1)

The sum of $61,200,000, being the total of the sums specified in Column 2 of Schedule 1, is hereby appropriated out of the Consolidated Fund to provide for the payments for recurrent services, and capital works and services, specified opposite those sums in Schedule 1, made in anticipation of appropriation by Parliament under section 22 (1) of the Public Finance and Audit Act 1983 required for the exigencies of Government during the year 2011–12.

(2)

Section 22 (2) of the Public Finance and Audit Act 1983 does not apply to the sums to which this section applies.

6General appropriation from Consolidated Fund 2011–12

The sum of $800,000,000, being the total sum specified in Column 3 of Schedule 1, is hereby appropriated out of the Consolidated Fund, to the Minister specified in relation to that sum, for capital works and services, which sum may be issued and applied for or towards the uses and purposes of the Government for the year 2011–12 specified opposite that sum in Schedule 1.

Part 3Budget variations 2010–11 (not previously reported)7Adjustment of “Advance to the Treasurer”, 2010–11

The sum of $23,145,000 is hereby appropriated out of the Consolidated Fund in adjustment of the vote “Advance to the Treasurer”, 2010–11, for supplementary charges made during the year 2010–11 in the amounts specified in Column 1 of Schedule 2 for recurrent services, and capital works and services, specified opposite those amounts in Schedule 2.

Part 4General8Additional appropriations

The sums appropriated by this Act are in addition to any other sums that may have been appropriated.

9Operation of Act in relation to budget variations(1)

This Act:

• (a)

  is to be construed as if it formed part of the annual Appropriation Act or Acts for the financial year relevant to the appropriation concerned, and

• (b)

  is to have effect as if it had commenced at the start of the financial year relevant to the appropriation, and

• (c)

  is an Appropriation Act for the purposes of section 21A of the Public Finance and Audit Act 1983.

(2)

The issue and payment before the date of assent to this Act out of the Consolidated Fund of the whole or any part of the sums appropriated by this Act is validated. This subsection applies whether this Act is assented to during or after the year 2010–11 or 2011–12.

10Validation of expenditure(1)

To the extent (if any) to which it may be necessary to do so, the expenditure of any sum to which this Act applies before the date of assent to this Act:

• (a)

  is taken to have been validly approved at the time it was approved, or was purported to have been approved, and

• (b)

  is taken to have been validly made at the time it was made, or purported to have been made,

and thereafter to be, and to have been at all relevant times, validly approved and made.

(2)

This section does not authorise the expenditure of any sum specified in Column 3 of Schedule 1 before the date of assent to this Act.

11References to agencies

A reference to an agency in Schedule 1 or 2 includes a reference to an agency that was a predecessor to the agency concerned and responsible for the recurrent services, or capital works and services, specified in relation to the agency in Schedule 1 or 2 in the financial year concerned, and in respect of whom the payment specified in relation to those recurrent services, or capital works and services, was approved or made.

Schedule 1Payments during 2011–12

(Sections 4–6)

Column 1	Column 2	Column 3
Treasurer’s Advance	s. 22 PF&A Act	Further appropriation
Amount $,000	Amount $,000	Amount $,000
A	PREMIER, AND MINISTER FOR WESTERN SYDNEY
RECURRENT SERVICES
Department of Premier and Cabinet
Establishment of the Independent Local Government Review Panel	400
Total Department of Premier and Cabinet	400
Ombudsman’s Office
New review functions resulting from amendments to Summary Offences Act 1988 and Law Enforcement (Powers and Responsibilities) Act 2002	445
Total Ombudsman’s Office	445
TOTAL—RECURRENT SERVICES	845
CAPITAL WORKS AND SERVICES
Ombudsman’s Office
New review functions resulting from amendments to Summary Offences Act 1988 and Law Enforcement (Powers and Responsibilities) Act 2002	12
Total Ombudsman’s Office	12
TOTAL—CAPITAL WORKS AND SERVICES	12
TOTAL—PREMIER, AND MINISTER FOR WESTERN SYDNEY	857
B	DEPUTY PREMIER, MINISTER FOR TRADE AND INVESTMENT, AND MINISTER FOR REGIONAL INFRASTRUCTURE AND SERVICES
RECURRENT SERVICES
Department of Trade and Investment, Regional Infrastructure and Services
Various national and local biosecurity responses	1,269
Total Department of Trade and Investment, Regional Infrastructure and Services	1,269
NSW Food Authority
NSW contribution to establishing the national Code Interpretations Service (CIS)	99
Total NSW Food Authority	99
TOTAL—RECURRENT SERVICES	1,368
TOTAL—DEPUTY PREMIER, MINISTER FOR TRADE AND INVESTMENT, AND MINISTER FOR REGIONAL INFRASTRUCTURE AND SERVICES	1,368
C	ATTORNEY GENERAL, AND MINISTER FOR JUSTICE
RECURRENT SERVICES
Department of Attorney General and Justice
Increased levels of core legal fund work	20,000
Statutory and Other Offices Remuneration Tribunal determination regarding judicial salaries	2,369
Total Department of Attorney General and Justice	22,369
TOTAL—RECURRENT SERVICES	22,369
TOTAL—ATTORNEY GENERAL, AND MINISTER FOR JUSTICE	22,369
D	MINISTER FOR FAMILY AND COMMUNITY SERVICES, AND MINISTER FOR WOMEN
CAPITAL WORKS AND SERVICES
Department of Family and Community Services
Housing portfolio restructure (Note. This capital expenditure is offset by equal recurrent expenditure savings)	16,704
Total Department of Family and Community Services	16,704
TOTAL—CAPITAL WORKS AND SERVICES	16,704
TOTAL—MINISTER FOR FAMILY AND COMMUNITY SERVICES, AND MINISTER FOR WOMEN	16,704
E	MINISTER FOR HEALTH, AND MINISTER FOR MEDICAL RESEARCH
RECURRENT SERVICES
Ministry of Health
Government Radio Network (additional funding based on a new pricing recommendation from IPART)	564
Total Ministry of Health	564
TOTAL—RECURRENT SERVICES	564
TOTAL—MINISTER FOR HEALTH, AND MINISTER FOR MEDICAL RESEARCH	564
F	THE LEGISLATURE
RECURRENT SERVICES
The Legislature
Security services, additional committee support, and assets procurement administration	2,024
Redundancy payments for the former parliamentary members’ electoral office staff following the 2011 State General Election (additional funding)	438
Total The Legislature	2,462
TOTAL—RECURRENT SERVICES	2,462
CAPITAL WORKS AND SERVICES
The Legislature
Parliamentary email system replacement	2,000
Total The Legislature	2,000
TOTAL—CAPITAL WORKS AND SERVICES	2,000
TOTAL—THE LEGISLATURE	4,462
G	MINISTER FOR TRANSPORT
CAPITAL WORKS AND SERVICES
Transport for NSW
Light rail (Note. This capital expenditure is offset by equal recurrent expenditure savings)	47,218
Total Transport for NSW	47,218
TOTAL—CAPITAL WORKS AND SERVICES	47,218
TOTAL—MINISTER FOR TRANSPORT	47,218
H	TREASURER
RECURRENT SERVICES
Crown Finance Entity
Natural disaster expenditure following flooding in north-west and south-west NSW during 2011–12	26,000
Total Crown Finance Entity	26,000
TOTAL—RECURRENT SERVICES	26,000
CAPITAL WORKS AND SERVICES
Crown Finance Entity
Additional natural disaster relief loans	35,200
Additional contribution to State Super	800,000
Total Crown Finance Entity	35,200	800,000
TOTAL—CAPITAL WORKS AND SERVICES	35,200	800,000
TOTAL—TREASURER	61,200	800,000
TREASURER’S ADVANCE FOR RECURRENT SERVICES	27,608
TREASURER’S ADVANCE FOR CAPITAL WORKS AND SERVICES	65,934
TOTAL—TREASURER’S ADVANCE	93,542
SECTION 22 FOR RECURRENT SERVICES	26,000
SECTION 22 FOR CAPITAL WORKS AND SERVICES	35,200
TOTAL—SECTION 22	61,200
ADDITIONAL APPROPRIATIONS FOR CAPITAL WORKS AND SERVICES	800,000
TOTAL—ADDITIONAL APPROPRIATIONS	800,000

Schedule 2Payments during 2010–11 (not previously reported)

(Section 7)

Column 1
Treasurer’s Advance
Amount $,000
A	PREMIER, AND MINISTER FOR WESTERN SYDNEY
RECURRENT SERVICES
Independent Commission Against Corruption
Compensation for Government radio network price increases	14
Total Independent Commission Against Corruption	14
TOTAL—RECURRENT SERVICES	14
CAPITAL WORKS AND SERVICES
New South Wales Electoral Commission
Office fit-out and IT system	715
Total New South Wales Electoral Commission	715
TOTAL—CAPITAL WORKS AND SERVICES	715
TOTAL—PREMIER, AND MINISTER FOR WESTERN SYDNEY	729
B	ATTORNEY GENERAL, AND MINISTER FOR JUSTICE
RECURRENT SERVICES
Department of Attorney General and Justice
Statutory and Other Offices Remuneration Tribunal determination regarding judicial salaries	2,245
Total Department of Attorney General and Justice	2,245
Office of the Director of Public Prosecutions
Redundancy payment	56
Total Office of the Director of Public Prosecutions	56
Judicial Commission of New South Wales
Conduct Division Inquiries	60
Total Judicial Commission of New South Wales	60
TOTAL—RECURRENT SERVICES	2,361
CAPITAL WORKS AND SERVICES
NSW Police Force
Relocation of police units from Zetland and Strawberry Hills	4,820
Total NSW Police Force	4,820
TOTAL—CAPITAL WORKS AND SERVICES	4,820
TOTAL—ATTORNEY GENERAL, AND MINISTER FOR JUSTICE	7,181
C	MINISTER FOR EDUCATION
RECURRENT SERVICES
Department of Education and Communities
Additional funding for non-government schools per capita grants	6,768
Additional funding for Aboriginal employment initiatives	67
Total Department of Education and Communities	6,835
TOTAL—RECURRENT SERVICES	6,835
TOTAL—MINISTER FOR EDUCATION	6,835
D	THE LEGISLATURE
RECURRENT SERVICES
The Legislature
Termination payments to members’ staff following the 2011 State General Election	4,300
Total The Legislature	4,300
TOTAL—RECURRENT SERVICES	4,300
TOTAL—THE LEGISLATURE	4,300
E	TREASURER
CAPITAL WORKS AND SERVICES
Treasury
Office of State Revenue accommodation	4,100
Total Treasury	4,100
TOTAL—CAPITAL WORKS AND SERVICES	4,100
TOTAL—TREASURER	4,100
TREASURER’S ADVANCE FOR RECURRENT SERVICES	13,510
TREASURER’S ADVANCE FOR CAPITAL WORKS AND SERVICES	9,635
TOTAL—TREASURER’S ADVANCE	23,145