Government Sector Finance Act 2018 (NSW)
All Treasurer’s Directions made under this Act and notified on this website are also available on the Treasury website at Act to establish a framework for government sector financial and resource management in New South Wales; and for other purposes.
This Act is the Government Sector Finance Act 2018.
This Act commences on a day or days to be appointed by proclamation, except as provided by this section.
Section 10.4 (Regulations) and Schedule 1 commence on the date of assent to this Act.
The objects of this Act are as follows—
(a) to promote and support sound financial management, budgeting, performance, financial risk management, transparency and accountability in the government sector and by GSF agencies and government officers,
(b) to facilitate the effective devolution of roles and responsibilities in connection with financial management to support efficient and effective government,
(c) to require the efficient, effective and economical use and management of government resources and related money in accordance with the principles of sound financial management,
(d) to promote appropriate stewardship of government resources and related money,
(e) to facilitate cooperation and collaboration within and between GSF agencies for the purpose of achieving common objectives and whole of Government objectives,
(f) to facilitate the keeping and sharing of performance information in the government sector for the purposes of decisions about resource allocation.
In this Act—
(a) for a GSF agency—see section 2.7, or
(b) for a university or its controlled entities (including ones that are to be treated as GSF agencies or reporting GSF agencies for the purposes of provisions of this Act)—means the governing body of the university (that is, its Senate, Council or Board).
(a) for a GSF agency—see section 2.10, or
(b) for the NSW Government—see section 2.11.
(a) a person engaged under a contract for services (but not a contract of service) to perform or provide services for or on behalf of a GSF agency, or
(b) a person who is provided by a person referred to in paragraph (a) (including as a subcontractor) to perform the contracted services for or on behalf of a GSF agency.
(a) the commitment of money for expenditure, and
(b) the incurring of expenditure, and
(c) the making of payments.
(a) a board, council or other body comprised of individuals that are collectively responsible for managing the affairs of the agency, or
(b) any other entity declared by the regulations to be the governing body for the agency,
but does not include—
(c) any board, council or other body with merely advisory functions, or
(d) any entity (or entity of a kind) prescribed by the regulations not to be a governing body.
(a) any public money (including any securities and revenues, loans and other moneys whatsoever) collected, received or held by any person for or on behalf of the State (as referred to in section 39 (1) of the Constitution Act 1902), and
(b) any territorial, casual and other revenues of the Crown (including all royalties), from whatever source arising, within New South Wales, and as to the disposal of which the Crown may otherwise be entitled absolutely, conditionally or in any other way (as referred to in section 39 (2) of the Constitution Act 1902), and
(c) any money that, under any Act, is directed or authorised to be paid to, or is expressed to form part of, the Consolidated Fund or the Special Deposits Account (including money in working accounts in the Special Deposits Account), and
(d) any money (or money of a kind) prescribed by the regulations as government money,
but does not include anything prescribed by the regulations not to be government money.
Section 2.9 also defines when a government officer is a
(a) government money or related money, or
(b) property held on trust for the benefit of an entity other than a GSF agency.
(a) for a Public Service agency—the person who is the head of the Public Service agency (within the meaning of the Government Sector Employment Act 2013), or
(b) for any other agency—the person who is the chief executive officer (however described) of the agency or otherwise responsible for the agency’s day to day management, but not its governing body (if any).
(a) a government officer,
(b) a person exercising functions as an accountable authority for a GSF agency,
(c) a person exercising functions as a delegate or subdelegate in connection with the use, management or disposal of government resources or related money,
(d) a person providing services to a GSF agency in connection with the use, management or disposal of government resources or related money (including as a contractor, consultant or volunteer),
(e) any other person (or person of a kind) prescribed by the regulations exercising functions in connection with the use, management or disposal of government resources or related money,
but does not include a Minister.
(a) any money, except government money, held by the Treasurer or another Minister or a GSF agency or government officer in the course of their official functions, including money that is held on trust for another entity or for a purpose, and
(b) any money (or money of a kind), except government money, prescribed by the regulations as related money,
but does not include anything prescribed by the regulations not to be related money.
(a) for a GSF agency—see section 2.6, and
(b) for a university or its controlled entities (including ones that are to be treated as GSF agencies or reporting GSF agencies for the purposes of provisions of this Act)—means the Minister administering the constituent Act for its governing body (that is, its Senate, Council or Board).
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
Notes included in this Act do not form part of this Act.
This Act binds the Crown.
It is the intention of the Parliament of New South Wales that the operation of this Act should, as far as possible, include operation in relation to the activities of Ministers, GSF agencies, accountable authorities for GSF agencies and government officers whether occurring in or outside the territorial limits of the State.
Without limiting subsection (1), it is the intention of the Parliament of New South Wales that the provisions of this Act have an operation in relation to those activities even if the rules of private international law (whether under general law or legislation) would require the application of a law other than this Act instead of the provisions of this Act.
In this section—
This Act, the regulations and the Treasurer’s directions are not intended to limit or exclude the operation of any other legislation (whenever enacted or made), except as provided by this section.
A paramount provision of this Act is to be interpreted as prevailing over the provisions of other legislation (whenever enacted or made) to the extent of any inconsistency unless another Act expressly provides for the legislation generally, or those provisions specifically, to have effect despite this Act generally or the paramount provision.
Each of the following is a
(a) section 5.3 (Payment of tax-equivalents to Treasurer),
(b) section 5.4 (Payment of financial distributions to Treasurer),
(c) Part 6 (Financial services and arrangements),
(d) Part 7 (Reporting), subject to sections 7.1, 7.4 and 7.10.
When a paramount provision of this Act prevails over the provisions of other legislation, a person or other entity to whom the paramount provision applies must comply with the paramount provision (including any regulations made for the purposes of that provision) even if it may result in a contravention of the other legislation.
However, subsection (4) does not apply if compliance by a person or other entity with a paramount provision of this Act would result in that person or other entity committing an offence against other legislation.
To avoid doubt, a contravention of other legislation resulting from compliance with a paramount provision of this Act (or regulations made for the purposes of that provision) as required by subsection (4) does not—
(a) subject any person or other entity involved in the contravention to any civil liability, or
(b) invalidate any arrangement, transaction or conduct that was entered into or done in compliance with the paramount provision (or the regulations for the purposes of that provision).
This section and each paramount provision of this Act are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth generally.
Section 5G of the Corporations Act 2001 of the Commonwealth enables a State to displace the operation of provisions of the Corporations legislation in favour of provisions of State laws that are declared under State law to be Corporations legislation displacement provisions for the purposes of that section.
In this section—
The regulations may declare any matter referred to in, or arising under or in connection with, this Act or the regulations to be an excluded matter for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation to—
(a) the whole of the Corporations legislation, or
(b) a specified provision of that legislation, or
(c) that legislation other than a specified provision, or
(d) that legislation otherwise than to a specified extent.
Section 5F of the Corporations Act 2001 of the Commonwealth provides that if a State law declares a matter to be an excluded matter for the purposes of that section in relation to all or part of the Corporations legislation, the provisions that are the subject of the declaration will not apply in relation to that matter in the State concerned.
The regulations may declare any provision of this Act to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth (either generally or specifically in relation to a provision of the Corporations legislation).
Section 5G of the Corporations Act 2001 of the Commonwealth enables a State to displace the operation of provisions of the Corporations legislation in favour of provisions of State laws that are declared under State law to be Corporations legislation displacement provisions for the purposes of that section.
Subsections (1) and (2) do not apply in relation to any provisions or other matters that are already declared by another provision of this Act to be excluded matters or Corporations legislation displacement provisions for the purposes of section 5F or 5G of the Corporations Act 2001 of the Commonwealth.
Section 1.8 declares a paramount provision of this Act to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth generally.
In this section—
Each of the following is an
(a) a person,
(b) a body or group of persons (whether incorporated or unincorporated),
(c) a partnership or joint venture,
(d) the trustee (or, if there is more than one trustee, the trustees together) of a trust,
(e) any other legal, administrative or fiduciary arrangement or other organisational structure capable of deploying resources to achieve objectives.
Section 21 (1) of the Interpretation Act 1987 defines
To avoid doubt, entities are not limited to those that are formed or located in the State.
An entity is a
(a) the entity is—
(i) an entity that is controlled by the other entity or combination of entities (with control being determined in accordance with section 50AA of the Corporations Act 2001 of the Commonwealth), or
(ii) an entity that is controlled by the other entity or combination of entities (with control being determined in accordance with the Australian Accounting Standards), or
(b) the entity is an entity (or an entity of a kind) prescribed by the regulations as a controlled entity.
If the Treasurer considers that it is unclear whether an entity is controlled by another entity or a combination of entities for the purposes of subsection (1) (a) (i) or (ii), the Treasurer may make an interim written determination (an
An interim status determination—
(a) takes effect on the day it is published on the Treasury’s website or any later day specified in the determination, and
(b) ceases to have effect when the earliest of the following occurs—
(i) the expiry of the period of 3 months after the determination takes effect,
(ii) the revocation of the determination,
(iii) a regulation made for the purposes of subsection (6) takes effect declaring the entity’s status.
An interim status determination may be revoked by the Treasurer before it ceases to have effect by a further written notice published on the Treasury’s website.
An entity to which an interim status determination relates is to be treated, or not to be treated, as being a controlled entity of the other entity or combination of entities for the purposes of this Act in accordance with the determination while it remains in effect.
Without limiting subsection (1) (b), the regulations may declare that for the purposes of this Act an entity to which an interim status determination relates is, or is not, a controlled entity of another entity or combination of entities specified in the determination.
Each of the following is a
(a) a statutory health organisation within the meaning of the Health Services Act 1997,
(b) the Health Administration Corporation incorporated by the Health Administration Act 1982 and each of its controlled entities,
(c) the Cancer Institute (NSW) constituted by the Cancer Institute (NSW) Act 2003,
(d) the New South Wales Health Foundation constituted by the Health Administration Act 1982,
(e) the Albury Base Hospital (being a public hospital controlled by the Crown as referred to in section 15 (d) of the Health Services Act 1997),
(f) any other entity (or entity of a kind) prescribed by the regulations as a NSW Health entity.
However, a
The Minister is not to recommend the making of a regulation for the purposes of subsection (1) (f) or (2) unless the Minister certifies that the Minister administering the Health Services Act 1997 has concurred in the making of the regulation.
To avoid doubt, the exclusion of an entity (or entity of a kind) by a regulation made for the purposes of subsection (2) does not result in the entity (or entity of the kind) ceasing to be a GSF agency if it otherwise falls within the definition of
Each of the following is a
(a) a separate GSF agency,
(b) a NSW Health entity,
(c) the NSW Police Force,
(d) the New South Wales Treasury Corporation,
(e) (Repealed)
(f) the Independent Pricing and Regulatory Tribunal,
(g) a Council within the meaning of Part 5A of the Health Practitioner Regulation National Law (NSW),
(h) a State owned corporation,
(i) an entity that is a statutory body representing the Crown (including an entity that is a NSW Government agency to which section 13A of the Interpretation Act 1987 applies),
(j) an entity with money held in an SDA account (but the account itself is not to be treated as being a GSF agency),
(k) any Public Service agency not already covered by a previous paragraph,
(l) any other entity (or entity of a kind) prescribed by the regulations as a GSF agency.
Each of the following entities (except if they are individuals) is also a GSF agency if it is not already an entity of a kind referred to in subsection (1)—
(a) an entity that is a controlled entity of another entity (or a combination of other entities) referred in subsection (1),
(b) an entity that is a controlled entity of a Minister or a combination of Ministers.
To avoid doubt, an entity that is a joint venture is not a GSF agency unless it is prescribed by the regulations for the purposes of subsection (1) (l) to be a GSF agency.
However, a
(a) the Legislature of New South Wales, or
(b) a Minister (except to the extent to which Part 6 provides for a Minister to be treated as a GSF agency), or
(c) the Workers Compensation Insurance Fund, or
(d) the Workers Compensation Nominal Insurer.
Despite subsections (1) and (2), the regulations may declare that a specified entity (or specified part of an entity) is, or is not, to be treated as a GSF agency that is distinct from another specified GSF agency for the purposes of Part 6.
Each of the following is a
(a) the Audit Office,
(b) the Independent Commission Against Corruption,
(c) the Judicial Commission,
(c1) the Law Enforcement Conduct Commission,
(d) the New South Wales Electoral Commission,
(e) the Ombudsman’s Office,
(f) any other entity (or an entity of a kind) prescribed by the regulations as a separate GSF agency.
Despite any other provision of this Act, a separate GSF agency (and the accountable authority for the agency and its government officers) are each not required to comply with a relevant Treasurer’s requirement or Minister’s information requirement if the accountable authority considers that the requirement is not consistent with the exercise of the statutory functions of the agency.
A
(a) a provision of the Treasurer’s directions that a separate GSF agency (or the accountable authority for the agency or its government officers) would be required to comply with but for this section, or
(b) any other direction, request or other requirement given or made by the Treasurer under this Act that a separate GSF agency (or the accountable authority for the agency or its government officers) would be required to comply with but for this section.
A
The accountable authority for a separate GSF agency must ensure that a written document (a
(a) given to the Treasurer or other Minister who gave or made the requirement as soon as practicable after it is decided not to comply, and
(b) included in the annual reporting information for the separate GSF agency for the annual reporting period during which the non-compliance occurred or reported in any other way prescribed by the regulations.
Without limiting subsection (5) (b), the regulations may make provision for or with respect to the tabling of non-compliance reasons statements in Parliament (including by providing for the application of section 9.12 to the tabling).
The
(a) for a NSW Health entity—the Minister administering the Health Services Act 1997, or
(b) for a Public Service agency that is not a NSW Health entity—the Minister to whom the agency is responsible, or
(c) for a statutory State owned corporation—the voting shareholders of the corporation under the State Owned Corporations Act 1989, or
(d) for any other GSF agency—the Minister who administers the constituent Act for the agency.
Section 50C of the Constitution
Act 1902 enables the Governor to make administrative arrangements orders that specify the Minister to whom a Public Service agency is responsible. Administrative arrangements orders can be accessed on the NSW legislation website at number="2.6(2)">
Despite subsection (1), the Premier may, by notice published in the Gazette, authorise a Minister or other person to exercise some or all of the functions of the responsible Minister for a GSF agency instead of that Minister.
A Minister or other person authorised to exercise the functions of the responsible Minister for a GSF agency is to be treated as being the responsible Minister for the agency for the purposes of this Act in relation to the functions that are authorised.
To avoid doubt, if the person authorised is not a Minister, the person has the same powers under this Act to delegate the Ministerial functions that the person is authorised to exercise as a Minister would have.
Each GSF agency is to have an accountable authority for the purposes of this Act.
The
(a) for the Audit Office—the Auditor-General, or
(b) for the Independent Commission Against Corruption—the Chief Executive Officer of the Commission, or
(c) for the Ombudsman’s Office—the Ombudsman, or
(d) for the NSW Police Force—the Commissioner of Police, or
(e) for a NSW Health entity—the Secretary of the Ministry of Health, or
(f) for the Judicial Commission—the Chief Executive of the Commission, or
(g) for the Law Enforcement Conduct Commission—the Chief Executive Officer of the Commission, or
(h) for the Independent Pricing and Regulatory Tribunal—the Chairperson of the Tribunal, or
(h1) for the New South Wales Electoral Commission—the Electoral Commissioner, or
(i) for any other agency not covered by the preceding paragraphs that is a Public Service agency—
(i) if the agency is a Department—the Secretary of the Department, or
(ii) if the agency is not a Department—the head of the agency, or
(j) for any other agency not covered by the preceding paragraphs that is not a Public Service agency—
(i) if the agency has a governing body—the governing body, or
(ii) if the agency does not have a governing body—the head of the agency.
Despite subsection (2) (i) and (j), the regulations may, for the purpose of avoiding doubt, declare that specified persons or other entities are to be treated as being the accountable authorities for specified GSF agencies (or kinds of GSF agencies) covered by those paragraphs.
The accountable authority for an entity that becomes a GSF agency must—
(a) give written notice to the Treasurer of that fact within one month after the entity becomes a GSF agency, and
(b) give written notice to the Auditor-General of that fact within one month after the entity becomes a GSF agency and ensure that appropriate steps are taken to have the GSF agency audited by the Auditor-General.
Subsection (1) (a) does not apply in relation to—
(a) the establishment, abolition, change of name or transfer of a Public Service agency (or part of a Public Service agency) that results from an administrative arrangements order under section 50D of the Constitution Act 1902, or
(b) the establishment, abolition, change of name or transfer of a GSF agency by a provision of an Act.
Each of the following is a
(a) a person who is the head of a GSF agency,
(b) a person employed in or by a GSF agency,
(c) a person who is a statutory officer and not a Public Service employee under the Government Sector Employment Act 2013, but who is the head of, or exercises functions in relation to, a Public Service agency,
(d) a person working for a GSF agency by way of secondment from another GSF agency,
(e) any other person (or person of a kind) prescribed by the regulations as a government officer.
Section 59 of the Government Sector Employment Act 2013 provides that a reference in another Act to an officer or employee of a statutory body or statutory officer is to be read as including a reference—
(a) to a Public Service employee who is employed to enable the statutory body or statutory officer to exercise functions, and
(b) to any other person whose services the statutory body or statutory officer makes use of (whether by way of secondment or otherwise).
However, a
(a) the Governor, Lieutenant-Governor or Administrator of the State,
(b) a Minister, a member of the Executive Council or a Parliamentary Secretary,
(c) a member of the Legislative Council or the Legislative Assembly,
(d) a judicial officer within the meaning of the Judicial Officers Act 1986 (including a registrar when performing judicial functions),
(e) a person who is a member of the staff of the Judicial Commission employed under the Judicial Officers Act 1986,
(f) an officer or employee of either House of Parliament or any officer or employee under the separate control of the President or Speaker, or under their joint control,
(g) a person employed under the Members of Parliament Staff Act 2013,
(h) a person who is a member of the governing body of a GSF agency but not employed in or by the agency or any other GSF agency,
(i) a person exercising functions for or on behalf of a GSF agency as a volunteer, consultant or contractor (except a person of the kind and to the extent specified by the regulations),
(j) a person employed by an entity that is not a GSF agency who is working for a GSF agency by way of secondment,
(k) any other person (or person of a kind) prescribed by the regulations not to be a government officer.
A government officer is a
(a) has any of the relationships referred to in subsection (1) (a)–(d) with the agency, or
(b) is an officer (or officer of a kind) prescribed by the regulations as a government officer of the agency.
Subject to any determination of the Treasurer under this section, the
(a) the period of 12 months commencing on 1 July in any year, or
(b) if a different period is specified as the agency’s financial year by its constituent Act—that specified period.
The Treasurer may, by written notice given to the accountable authority for a GSF agency, determine a different annual reporting period for the GSF agency than that referred to in subsection (1) to facilitate—
(a) reporting for the first annual reporting period for a new GSF agency, or
(b) reporting for the final annual reporting period for a GSF agency or former GSF agency, or
(c) synchronisation with the annual reporting periods of other GSF agencies for the purposes of consolidated reporting.
The determination may—
(a) specify any of the following periods—
(i) 12 months or less,
(ii) more than 12 months (but not more than 18 months), or
(b) specify a period for all provisions (or specified provisions) of this Act.
Before making a determination for the purposes of subsection (2), the Treasurer must consult both the Auditor-General and the responsible Minister for a GSF agency in accordance with section 3.5 about any proposed determination.
The
The Treasurer may give written directions (called
(a) the principles, practices, arrangements and procedures to be applied or followed by GSF agencies, government officers and accountable authorities for GSF agencies for the purposes of promoting compliance with the provisions of this Act and the regulations,
(b) any matter that is, by or under this Act or any other Act, required or permitted to be included in the Treasurer’s directions,
(c) any matter of a kind prescribed by the regulations for which the Treasurer’s directions are authorised to make provision.
Section 9.8 allows the Treasurer to delegate any functions concerning the giving of Treasurer’s directions, but only to the accountable authority for the Treasury or certain other senior government officers of the Treasury.
A Treasurer’s direction—
(a) cannot be inconsistent with this Act, and
(b) must be published on the NSW legislation website and may also be published on the Treasury’s website or in any other way the Treasurer considers appropriate, and
(c) takes effect on the day it is published on the NSW legislation website or any later day specified in the direction, and
(d) may be amended, replaced or revoked by a further Treasurer’s direction.
A Treasurer’s direction may do any of following (or any combination of the following)—
(a) apply generally or be limited in its application by reference to one or more specified circumstances, factors or exceptions,
(b) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person, group of persons or body,
(c) apply, adopt or incorporate (whether with or without modification) any publication as in force at a particular time or as in force from time to time,
(d) give exemptions from the direction (whether from all of the direction or specified provisions of the direction) or authorise specified entities to give those exemptions.
To avoid doubt, a Treasurer’s direction concerning reporting requirements for a particular annual reporting period (whether for a GSF agency or for the NSW Government) may be given even if that period has already commenced or has ended.
Except to the extent required by this Act or the regulations, the Treasurer may (but need not) consult with responsible Ministers for GSF agencies or any other persons or entities that the Treasurer considers appropriate before giving Treasurer’s directions or amending, replacing or revoking them.
A Treasurer’s direction must include each of the following provisions—
(a) a provision that gives the direction a name or citation,
(b) a provision that indicates when the direction takes effect,
(c) a provision that specifies the entities (or kinds of entities) to which the direction applies,
(d) a provision that specifies the purposes or objects of the direction,
(e) a provision that specifies an end date or review date for the direction.
It is sufficient compliance with subsection (1) (b)–(e) in respect of a Treasurer’s direction that amends another Treasurer’s direction if the provisions are included in the amendments.
A contravention of subsection (1) does not affect the validity of any Treasurer’s direction.
Subject to subsection (2), the Treasurer’s directions do not apply to any of the following—
(a) a Minister (even if the Minister falls within a GSF agency of a kind to which the directions otherwise apply),
(b) a university or any of its controlled entities,
(c) any GSF agency, government officer or accountable authority for a GSF agency (or a GSF agency, government officer or accountable authority of a kind) prescribed by the regulations.
Subsection (1) does not prevent the application of Treasurer’s directions to—
(a) a Minister for the purposes of provisions of Part 6 that are applicable to Ministers, or
(b) a university or any of its controlled entities for the purposes of provisions of Divisions 7.2 and 7.3 that are applicable to universities and their controlled entities.
Section 6.1 provides that, for purposes of Part 6, each Minister (except the Treasurer) is to be treated as both a GSF agency and the accountable authority for the agency.
Similarly, sections 7.4 and 7.10 provide that, for the purposes of Divisions 7.2 and 7.3 respectively, a university and its controlled entitles are to be treated as GSF agencies.
To avoid doubt, the Treasurer’s directions can apply to a Minister’s delegate even though they do not apply to the Minister because of subsection (1) (a).
A provision of the Treasurer’s directions may be limited in its application to a particular GSF agency, but only if the provision is included with the consent of the responsible Minister for the agency.
However, a provision of the Treasurer’s directions cannot be limited in its application to a particular government officer or accountable authority for a GSF agency.
Subsections (4) and (5) do not prevent the giving of Treasurer’s directions to kinds of GSF agencies, government officers or accountable authorities for GSF agencies unless the kind consists of a single agency, officer or authority.
A person or other entity to whom a provision of the Treasurer’s directions applies must comply with the provision.
Section 2.5 authorises a separate GSF agency not to comply with a requirement of the Treasurer’s directions if the accountable authority for the agency considers the requirement not to be consistent with the agency’s statutory functions.
This section applies if a provision of this Act or the regulations (the
The Treasurer must consult each entity specified by the consultation provision as an entity that must be consulted about a consultation matter before recommending the making of regulations, or giving directions or making determinations, that include the matter.
A consultation with an entity happens for the purposes of this section if—
(a) the entity is given a written statement setting out, or explaining the effect of, the consultation matter, and
(b) the entity is given a reasonable opportunity to make submissions to the Treasurer concerning the consultation matter before its inclusion in regulations, directions or determinations.
A contravention of a consultation provision or this section does not affect the validity of any regulation, direction or determination.
The accountable authority for a GSF agency is—
(a) to develop, maintain and make available financial management policies and procedures, and
(b) to establish, maintain and keep under review each of the following—
(i) effective systems for risk management, internal control and assurance (including by means of internal audits) that are appropriate systems for the agency,
(ii) arrangements for protecting the integrity of financial and performance information,
(iii) arrangements for ensuring that there is compliance with this Act, and
(c) to ensure that the agency complies with those policies and procedures.
The regulations and Treasurer’s directions may make provision for or with respect to—
(a) financial management policies and procedures for the purposes of subsection (1) (a), and
(b) systems and arrangements for the purposes of subsection (1) (b).
This section does not prevent a GSF agency from developing, establishing or maintaining additional policies, procedures or systems to those required by or under this section provided that they are not inconsistent with those that are required.
A government officer of a GSF agency should be guided by the following values and associated principles when exercising functions in connection with financial management (including under this Act)—
Value | Associated principles |
The government officer should take reasonable care so that the officer’s use of government resources or related money is efficient, effective and prudent | |
The government officer should—
| |
The government officer should—
|
Nothing in this section gives rise to, or can be taken into account in, any civil cause of action.
The
The Treasurer is responsible for the preparation and presentation of the Budget Papers.
Unless an annual Appropriation Act provides differently, the Budget Papers tabled in Parliament in connection with the Bill for the Act—
(a) do not form part of the Act, and
(b) do not affect the application of any amount appropriated by the Act.
The Budget Papers are to be presented on a basis that covers the General Government Sector.
The budget aggregates relating to the General Government Sector are to be for a 6-year period comprising the annual reporting period for the NSW Government to which the Budget relates, the 2 prior years and the 3 forward years and include the following financial statements—
(a) a statement of financial position for the General Government Sector,
(b) an operating statement for the General Government Sector,
(c) a cash flow statement for the General Government Sector.
The budget aggregates are to be—
(a) prepared in a way that is consistent with the Australian Accounting Standards for the annual reporting period for the NSW Government to which the Budget relates for the General Government Sector, and
(b) presented in a format that is consistent with the Australian Accounting Standards.
Subsection (3)(a) does not apply in relation to the budget aggregates for the 2 prior years.
It is not necessary for the Budget Papers to be presented so as to include notes within the meaning of the Australian Accounting Standards.
The Budget Papers are also to include the following—
(a) a Budget policy statement that includes the following—
(i) the matters required to be included in the Budget Papers by section 8 of the Fiscal Responsibility Act 2012,
(ii) 4-year forecasts or projections (being for the annual reporting period for the NSW Government to which the Budget relates and 3 forward years) of all major economic and financial variables,
(b) revised estimates for the year before the annual reporting period for the NSW Government to which the Budget relates, and an explanation of any significant variations in major aggregates from the Budget estimates for that period, for the General Government Sector,
(c) a statement of the expenditure, savings and revenue measures that may have a material impact on the forward estimates for the General Government Sector,
(d) a statement of the risks that may have a material effect on the forward estimates for the General Government Sector,
(e) a statement of the contingent assets and liabilities for the General Government Sector,
(f) information in the form determined by the Treasurer about the performance and activities of GSF agencies.
The Budget Papers may include any other matters determined by the Treasurer.
The Treasurer is to cause the Budget Papers for the annual reporting period for the NSW Government to which the Budget relates to be tabled in the Legislative Assembly before the end of the previous annual reporting period.
However, the Budget Papers may be tabled in the Legislative Assembly—
(a) if the Legislative Assembly is not sitting in the last 2 months of the previous annual reporting period for the NSW Government—as soon as possible within the annual reporting period for the NSW Government to which the Budget relates, or
(b) if there is a State election in the previous annual reporting period for the NSW Government—as soon as possible within the annual reporting period for the NSW Government to which the Budget relates (but not later than the end of September in that period).
The accountable authority for a GSF agency must, in accordance with directions by the Treasurer, prepare information for use in Budget preparations concerning the agency and its controlled entities for the times and in the manner directed.
Any directions under this section may be contained in the Treasurer’s directions or in a separate written document given to the GSF agency concerned.
Money must not be paid out of the Consolidated Fund except under the authority of an Act.
See also Part 5 of the Constitution Act 1902, which requires certain kinds of government money to form one Consolidated Fund.
Money must not be paid out of an SDA account except for the purposes of the account and under the authority that may be applicable to the constitution of the account.
To avoid doubt—
(a) money is not paid out of the Consolidated Fund merely because—
(i) the money is deposited in a banking account of the State or a GSF agency if the deposited money continues to be held by, for or on behalf of the State, or
(ii) the money is used to purchase securities if the securities continue to be held by, for or on behalf of the State (regardless of whether the value of those securities increases or decreases after their purchase), and
(b) money is not paid out of an SDA account merely because—
(i) the money is deposited in a banking account of the State or a GSF agency if the deposited money continues to be held for use for the purposes of that account, or
(ii) the money is used to purchase securities if the securities continue to be held for use for the purposes of that account (regardless of whether the value of those securities increases or decreases after their purchase).
In this section—
The lead Minister for a GSF agency is taken to have been given an appropriation out of the Consolidated Fund under the authority of this section, at the time the agency receives or recovers any deemed appropriation money, for an amount equivalent to the money that is received or recovered by the agency.
An appropriation under this section is taken to have been given—
(a) if the receiving GSF agency is a special office—for the services of the receiving GSF agency, or
(b) otherwise—for the services of the lead Department for the GSF agency.
(a) government money that a GSF agency receives or recovers, including from the Commonwealth or another entity, of a kind prescribed by the regulations, that—
(i) forms part of the Consolidated Fund, and
(ii) is not appropriated under the authority of an Act, or
(b) government money that a GSF agency receives or recovers, from another GSF agency, of a kind prescribed by the regulations, that—
(i) forms part of the Consolidated Fund, and
(ii) is appropriated under the authority of an Act to the lead Minister for the other GSF agency for—
(A) if the other GSF agency is a special office—the services of the other GSF agency, or
(B) otherwise—the services of the lead Department for the other GSF agency.
Without limiting subsections (3)(a) and (b) and (6)(a), the regulations may—
(a) prescribe deemed appropriation money to include government money that was received or recovered before the commencement of this section, and
(b) specify when (and the purposes for which) an appropriation is taken to have been given for the purposes of this section in respect of deemed appropriation money.
However, the regulations cannot prescribe deemed appropriation money to include—
(a) any money from taxes or fines that a GSF agency receives or recovers for the benefit of the State generally (as opposed to the benefit of that particular agency), or
(b) any money payable as a royalty for the mining, extraction or capture of a natural resource, or
(c) any money from a general purpose Commonwealth grant received by a GSF agency.
An appropriation under this section is—
(a) subject to any terms or conditions that may be prescribed by the regulations, and
(b) taken to be for the annual reporting period for the NSW Government in which it is taken to be given.
At the time a receiving GSF agency receives or recovers deemed appropriation money referred to in subsection (3)(b), the appropriation to the lead Minister referred to in subsection (3)(b)(ii) is taken to have been reduced by an equivalent sum to the sum received or recovered by the receiving agency.
In this section—
(a) if the GSF agency is a Public Service executive agency within the meaning of the Government Sector Employment Act 2013—the Department specified as being the related Department for the GSF agency under that Act, Schedule 1, Part 2, or
(b) if paragraph (a) does not apply and there is only 1 responsible Minister for the GSF agency—the Department responsible to the responsible Minister for the GSF agency, or
(c) if paragraph (a) and (b) do not apply and there is more than 1 responsible Minister for the GSF agency and the same single Department is responsible to the responsible Ministers—the Department responsible to the responsible Ministers, or
(d) if paragraphs (a)–(c) do not apply—the Department specified for the GSF agency in a written determination made by the Treasurer and published in the Gazette.
(a) if amounts are appropriated, under the relevant annual Appropriation Act, to a Minister for the services of the GSF agency—the Minister to whom the amounts are appropriated under the relevant annual Appropriation Act, or
(b) otherwise—the Minister to whom amounts are appropriated, under the relevant annual Appropriation Act, for the services of the GSF agency’s lead Department.
Every unused appropriation for an annual reporting period for the NSW Government lapses and ceases to have effect for any purpose at the end of that period, except as provided by this section.
An
An unused appropriation under section 4.7 for an annual reporting period for the NSW Government does not lapse at the end of the period unless the regulations provide differently.
This section applies to an appropriation to a Minister made under an annual Appropriation Act for an annual reporting period for the NSW Government for a service, function or program if responsibility for the service, function or program is, during that period, transferred—
(a) from one Minister to another Minister, or
(b) from one GSF agency to another GSF agency.
The appropriation does not lapse merely because the responsibility for the service, function or program is transferred from one Minister to another Minister, or from one GSF agency to another GSF agency, during that period.
The appropriation may be applied by a Minister, in accordance with any determination that may be made by the Treasurer in the same annual reporting period for the NSW Government, for or towards the transferred service, function or program.
A determination may extend to the application of the appropriation before the determination is made and operates to validate that application.
The Treasurer must cause details of any appropriation to which a determination relates to be included in the Budget Papers for the next annual reporting year for the NSW Government.
This section applies to a deemed appropriation taken to have been given to the lead Minister for a GSF agency if responsibility for a service, function or program is transferred—
(a) from the Minister to another Minister, or
(b) from the GSF agency to another GSF agency.
The deemed appropriation may be applied by a Minister, in accordance with any determination that may be made by the Treasurer, for or towards the transferred service, function or program.
A determination may extend to the application of the deemed appropriation before the determination is made and operates to validate that application.
The Treasurer must cause details of any deemed appropriation to which a determination relates to be included in the Budget Papers for the next annual reporting period for the NSW Government after the annual reporting year for the NSW Government in which the determination was made.
In this section—
This section applies if an annual Appropriation Act for an annual reporting period for the NSW Government is not enacted before the period commences.
The Treasurer may, subject to this section, authorise the payment of sums out of the Consolidated Fund to meet the requirements of the annual reporting period.
The Treasurer’s authorisation under this section ends on the earliest of the following occurring—
(a) the first 3 months of the annual reporting period ending,
(b) the enactment of an annual Appropriation Act for the annual reporting period.
Payments that are authorised to be made under this section must not—
(a) exceed, in total, an amount equivalent to one quarter of the amount appropriated under the annual Appropriation Act for the previous annual reporting period (adjusted for changes in consumer prices as provided by the regulations), and
(b) if estimates of expenditure for the current annual reporting period have been presented to Parliament and the rate of expenditure in those estimates is lower than the rate of expenditure authorised in the annual Appropriation Act for the previous reporting period—exceed those lower rates.
This section applies if the Commonwealth does any of the following in an annual reporting period for the NSW Government—
(a) provides for the making of a specific purpose payment not included in the Budget Papers of the State for that period,
(b) provides for an increase in the amount of a specific purpose payment in excess of the amount included in the Budget Papers of the State for that period,
(c) does not provide the whole of the amount of a specific purpose payment as included in the Budget Papers of the State for that period.
If the Treasurer is satisfied that a matter referred to in subsection (1) has occurred during an annual reporting period for the NSW Government, the Treasurer may issue a certificate that certifies that the matter has occurred and the amount involved.
To avoid doubt, the Treasurer may issue a certificate under this section even if it is in respect of an annual reporting period for the NSW Government that has ended unless the annual Appropriation Act for the next annual reporting period has already given an appropriation for it.
If the Treasurer issues a certificate under this section for an annual reporting period (the
(a) for a new specific purpose payment that has been certified in a certificate issued during the certified period—an appropriation for the purpose of the payment is taken to have been made under the authority of this section for the certified period, and
(b) for a new specific purpose payment that has been certified in a certificate issued after the certified period—an appropriation for the purpose of the payment is taken to have been made under the authority of this section for the annual reporting period for the NSW Government during which the certificate was issued, and
(c) for a decreased or increased specific purpose payment that has been certified (whether in a certificate issued during or after the certified period)—the appropriation for the purpose of the payment is taken to have been decreased or increased accordingly under the authority of this section for the certified period.
The Treasurer must cause details of any certificates issued under this section to be included in the Budget Papers for the next annual reporting year for the NSW Government.
This section applies if a sum is appropriated to the Treasurer by an annual Appropriation Act for State contingencies (the
The Treasurer must cause details of the payments of sums from the Treasurer’s State contingencies appropriation to be included in the Budget Papers for the next annual reporting year for the NSW Government.
This section applies if the annual Appropriation Act for an annual reporting period for the NSW Government has already been enacted.
The Treasurer may, with the approval of the Governor, determine that additional money is to be paid out of the Consolidated Fund during the annual reporting period for the NSW Government in anticipation of appropriation by Parliament if it is required to meet any exigencies of Government during the current annual reporting period for the NSW Government.
Any money determined under subsection (2) for an exigency must be no more than is necessary in the public interest to fund expenditure to meet the exigency.
The Treasurer must cause details of the payments of money paid under this section to be included in the Budget Papers for the next annual reporting year for the NSW Government.
Unless the regulations or Treasurer’s directions provide differently, applicable related money must be paid to the Treasurer to the credit of the Consolidated Fund if the account in which the money is held has not been operated on for at least 3 months.
An account for the purposes of subsection (1) may include—
(a) money whose owner is not identifiable, and
(b) money owned jointly or severally by 2 or more entities.
The Treasurer may repay to an entity any money paid to the Treasurer under this section if—
(a) the Treasurer is satisfied that the entity is the owner of the money, and
(b) the claim is made in accordance with any requirements of the Treasurer’s directions concerning the making of claims (including in respect of a period within which claims are to be made).
The Treasurer is taken to have been given an appropriation out of the Consolidated Fund under the authority of this section for an amount equivalent to an amount that the Treasurer decides to repay under subsection (3).
Section 4 (Operation on account) of the Unclaimed Money Act 1995 applies for the purpose of this section in the same way as it applies for the purposes of that Act.
In this section—
(a) unclaimed money to which the Unclaimed Money Act 1995 applies, or
(b) money in respect of which provision is made by or under the constituent Act for the GSF agency for the regulation, payment or appropriation of unclaimed money.
In this division—
(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.
(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.
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.
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.
The Treasurer must also give a copy of the notice to the relevant parliamentary oversight committee.
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 annual Appropriation Act is introduced into the Legislative Assembly.
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.
The Treasurer must respond in writing to the relevant parliamentary oversight committee within 3 months after receiving the report.
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
(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.
The Treasurer must decide the application as soon as reasonably practicable after receiving the application.
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.
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.
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.
The Treasurer must give the notice within 7 days after the Bill for the annual Appropriation Act is introduced into the Legislative Assembly.
There is to continue to be a Special Deposits Account.
The Special Deposits Account is to consist of—
(a) all accounts of money that the Treasurer is, under statutory authority, required to hold otherwise than for or on account of the Consolidated Fund, and
(b) all accounts of money that are directed or authorised to be paid to the Special Deposits Account by or under legislation.
The responsible manager for an SDA account must keep records and other information concerning the operation of the account that—
(a) explain whether the operation of the account (including payments into and out of the account) has been in accordance with the Act or other instrument establishing the account, and
(b) allow for the preparation and audit of financial reports required for section 7.8, and
(c) allow for compliance with reporting requirements of the Act or other instrument establishing the account.
Section 7.8 also requires the responsible manager for an SDA account to cause financial reports for the account about the management of the account (called
The
(a) a person nominated from time to time by the Minister who administers the account or the legislation under which the account is established, or
(b) if paragraph (a) does not apply—any person that the Treasurer has directed in writing to exercise the functions of the responsible manager of the account under this Act.
The Treasurer’s directions may make provision for or with respect to the kinds of reports or other information to be kept for the purposes of subsection (1).
A GSF agency may, in the circumstances permitted by the regulations, establish and operate a working account in the Special Deposits Account in respect of working account money received by the agency.
(a) money provided to the GSF agency from an appropriation under an annual Appropriation Act, or
(b) money of a kind referred to in section 4.7 (5).
A GSF agency (if the agency is a person) or the accountable authority for a GSF agency (if the agency is not a person) is authorised to operate a working account of the agency (including by paying money into or out of the account and investing money in the account in accordance with the regulations).
The regulations may make provision for or with respect to the following—
(a) the establishment and dissolution of working accounts,
(b) the operation of working accounts (including the purposes for which money in working accounts may be paid into or out of accounts and the use of investment returns on the money),
(c) the payment into the Consolidated Fund of money in working accounts or former working accounts (including working accounts or former working accounts originally established under section 13A of the Public Finance and Audit Act 1983 before its repeal),
(d) without limiting paragraph (a), (b) or (c), enabling the Treasurer to exercise functions in connection with the establishment, dissolution and operation of working accounts (including by providing authorisations or giving directions for these purposes).
The Treasurer may issue Budget control authorities to regulate expenditure of money by GSF agencies that are part of the General Government Sector.
A Budget control authority may be—
(a) a standing authority regulating expenditures of money in general terms, or
(b) limited as to the period during which it may operate to regulate expenditures of money, or
(c) limited as to the nature of the transactions in respect of which expenditures of money may occur, or
(d) limited to a particular transaction or series of transactions, or
(e) contained in the Treasurer’s directions or in a separate written document given to the GSF agencies concerned.
Without limiting subsections (1) and (2), a Budget control authority may include provisions that—
(a) set limits or caps on expenditures of money (whether by reference to amounts, percentages, ratios, growth factors or any other measures), and
(b) require additional authorisations for particular expenditures of money, and
(c) regulate expenditures of money using cash accounting methodology or accrual accounting methodology (or both).
This section applies in relation to a delegable function of a Minister (an
A Minister who delegates an appropriation expenditure function under Division 9.2 may impose terms and conditions on the delegation and also on any subdelegation so as to limit the amounts and purposes for which expenditures of money are permitted under the delegation or a subdelegation.
The Minister must ensure that the terms and conditions imposed are not inconsistent with the purposes for which the appropriation was given.
To avoid doubt, the delegate or subdelegate is authorised to make expenditures of money, but only in accordance with the terms and conditions (if any) that the Minister has imposed.
This section does not limit any other kinds of terms or conditions that can be imposed on the delegation or subdelegation of appropriation expenditure functions under Division 9.2 (including under section 49 of the Interpretation Act 1987 in its application to delegations or subdelegations under Division 9.2).
The Treasurer may—
(a) direct a GSF agency (or part of a GSF agency) to pay amounts to the Treasurer under a relevant tax-equivalent regime (or to cease to make a payment), or
(b) grant an exemption to a GSF agency (or part of a GSF agency) from payment of any amount under this section in respect of any period.
An amount that a GSF agency is required to pay to the Treasurer under this section is a
A direction may—
(a) make provision for the assessment of the amount payable as a tax-equivalent (including the appointment or selection of assessors and the manner of assessment and the entry into agreements concerning payments of tax-equivalents), and
(b) specify the timing and manner for payments, and
(c) impose any other terms and conditions (including concerning the preparation and provision of accounting or other statements) that the Treasurer considers should be imposed, and
(d) be contained in the Treasurer’s directions or in a separate written direction given to the GSF agency concerned.
A GSF agency to which a direction applies must comply with the direction.
In this section—
This section is a paramount provision of this Act. Section 1.8 requires a person or other entity to whom a paramount provision applies to comply with the provision (including any regulations made for the purposes of that provision) even if it may result in a non-criminal contravention of other legislation. It also provides that compliance does not result in any civil liability and displaces the operation of the Corporations Act 2001 of the Commonwealth to enable compliance.
The Treasurer may direct a GSF agency (or part of a GSF agency) to pay financial distributions to the Treasurer.
A direction may—
(a) specify the amount of financial distributions to be paid (or specify a methodology for determining amounts to be paid), and
(b) specify the timing and manner for payments, and
(c) impose any other terms and conditions (including concerning the preparation and provision of accounting or other statements) that the Treasurer considers should be imposed, and
(d) be contained in the Treasurer’s directions or in a separate written direction given to the GSF agency concerned.
The Treasurer must consult both the accountable authority and responsible Minister for the GSF agency in accordance with section 3.5 about proposed directions to be given to the agency under this section.
A GSF agency to which a direction applies must comply with the direction.
The Treasurer must, within 30 days after giving a direction to a GSF agency or part of a GSF agency, publish a notice in the Gazette setting out the amount of the financial distributions to be paid.
See also section 20S of the State Owned Corporations Act 1989 in relation to statutory State owned corporations.
In this section—
This section is a paramount provision of this Act. Section 1.8 requires a person or other entity to whom a paramount provision applies to comply with the provision (including any regulations made for the purposes of that provision) even if it may result in a non-criminal contravention of other legislation. It also provides that compliance does not result in any civil liability and displaces the operation of the Corporations Act 2001 of the Commonwealth to enable compliance.
The accountable authority for a GSF agency is responsible for ensuring that expenditure of money for the agency is in a way that is authorised.
A government officer must ensure that the officer’s expenditure of money for the State or a GSF agency is in a way that is authorised.
Expenditure of money is in a way that is authorised if it is done—
(a) in accordance with a delegation or subdelegation from a person with power regarding the expenditure of the money, or
(b) under the authority of this Act or any other law.
Expenditure functions are delegable functions. See section 9.7.
A person handling government resources cannot make a gift of government property unless—
(a) the property was acquired or produced to use as a gift, or
(b) the gift has been authorised by the Treasurer in writing, or
(c) the gift is made in accordance with the Treasurer’s directions, or
(d) the gift was authorised by or under any law.
In this section—
A Minister may, if satisfied that there are special circumstances or circumstances of a kind prescribed by the regulations, authorise an amount to be paid to a person on behalf of the State (an
In this section—
(a) a GSF agency, or
(b) any other auditable entity within the meaning of the Government Sector Audit Act 1983.
The following persons must not knowingly breach a mandatory requirement contained in a Grants Administration Guide—
(a) a Minister,
(b) a person employed by a Minister under the Members of Parliament Staff Act 2013,
(c) an employee of a government sector agency within the meaning of the Government Sector Employment Act 2013, other than a person employed in or by a State owned corporation.
A Minister must not approve a grant to which the Grants Administration Guide applies unless satisfied that the grant—
(a) is an efficient, effective, economical and ethical use of money, and
(b) achieves value for money.
When approving or declining a grant to which the Grants Administration Guide applies, a person must have regard to the key principles of grants administration specified in the Guide.
The key principles specified in the Grants Administration Guide published in the Gazette on 18 March 2024 are robust planning and design, collaboration and partnership, proportionality, an outcomes orientation, achieving value with relevant money, governance and accountability and probity and transparency.
In this section—
The Treasurer may make transfers between relevant funds if the Treasurer is satisfied the transfer promotes the objects of this Act.
This section has effect despite a provision of this Act or another Act or law placing limitations on payments into or out of a relevant fund.
This section does not apply to the following funds—
(a) the NSW Generations (Debt Retirement) Fund established under the NSW Generations Funds Act 2018,
(b) a Fund within the meaning of the Long Service Corporation Act 2010,
(c) the Motor Accident Injuries Treatment and Care Benefits Fund established under the Motor Accident Injuries Act 2017,
(d) the Lifetime Care and Support Authority Fund established under the Motor Accidents (Lifetime Care and Support) Act 2006,
(e) the Workers’ Compensation (Dust Diseases) Fund established under the Workers’ Compensation (Dust Diseases) Act 1942.
(Repealed)
In this section—
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Without limiting subsection (1), the regulations may make provision for or with respect to the following—
(a) consultation requirements before the giving of Treasurer’s directions,
(b) the shortening of the period or time for compliance with a provision of this Act despite the provision.
A regulation for a definition may apply generally or be limited to specified provisions of this Act in which the defined word or expression is used.
A regulation for a definition may, for the purpose of avoiding doubt, include or exclude an entity, matter or other thing (or entity, matter or other thing of a kind) from the definition even if it is unclear whether the definition already covers it.
The regulations may apply, adopt or incorporate (whether with or without modification) any publication as in force at a particular time or as in force from time to time.
Section 5 of the Subordinate Legislation Act 1989 does not apply to the first principal statutory rule that is made under this Act.
In this section—
Schedule 2 is repealed on 1 November 2021.
Anything done, or omitted to be done, pursuant to a provision of Schedule 2 (or of a regulation made for the purposes of a provision of the Schedule) remains as legally effective after the repeal of the Schedule as it was before its repeal.
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts—
• this Act or any Act that amends this Act
• Government Sector Finance Legislation (Repeal and Amendment) Act 2018
Any such provision—
(a) may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date, and
(b) has effect despite anything to the contrary in this Schedule.
Without limiting subclauses (1) and (2), regulations made for the purposes of this clause may amend this Schedule to provide for additional or different savings and transitional provisions instead of including the provisions in the regulations.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
In this Part—
(a) the Annual Reports (Departments) Act 1985,
(b) the Annual Reports (Statutory Bodies) Act 1984,
(c) the Public Authorities (Financial Arrangements) Act 1987,
(d) the Public Finance and Audit Act 1983,
(e) each of the regulations under those Acts.
The amending Act will rename the Public Finance and Audit Act 1983 as the Government Sector Audit Act 1983 and make other amendments consequential on the enactment of this Act. Amendments to the Public Finance and Audit Regulation 2015 will be made. The other replaced Acts and replaced Regulations will be repealed by the amending Act.
(a) for a replaced Act or replaced Regulation (subject to paragraphs (b), (c) and (d))—the day on which the Act or Regulation as a whole is repealed by the amending Act, and
(b) for a provision of a replaced Act or replaced Regulation—the day on which the provision is repealed by the amending Act or an amending PFA regulation (whether because the provision is omitted or the whole of the Act or Regulation is repealed), and
(c) for the Public Finance and Audit Act 1983—the day on which the Act is renamed by the amending Act, and
(d) for the Public Finance and Audit Regulation 2015—the day on which the Regulation is renamed by an amending PFA regulation.
For the purposes of this Part—
(a) a provision of this Act is a
corresponding provision in relation to a provision of a replaced Act or replaced Regulation if the provision of this Act corresponds (or substantially corresponds) to the provision of the replaced Act or Regulation, and(b) a function conferred or imposed by this Act is a
corresponding function in relation to a function conferred or imposed by a replaced Act or replaced Regulation if the function conferred or imposed by this Act corresponds (or substantially corresponds) to the function conferred or imposed by the replaced Act or Regulation.
For the purposes of subclause (1), the Minister may, by order published on the NSW legislation website, declare a provision of or function under this Act to be a corresponding provision or corresponding function in relation to a provision of or function under a replaced Act or replaced Regulation. The order may do so even if the provision of or function under this Act is not substantially the same as that of or under the replaced Act or Regulation.
Unless the context or subject-matter indicates or requires differently—
(a) a reference (however expressed) in another provision of this Part to a person, body, instrument, matter or thing having a particular status or effect under, or for the purposes of, any replaced Act or replaced Regulation (or a provision of the Act or Regulation) is a reference to that person, body, instrument, matter or thing having that status or effect immediately before the replacement day for the replaced Act or Regulation (or for a provision of the Act or Regulation), and
(b) a reference (however expressed) in another provision of this Part to a right, entitlement, power, authority, duty or obligation under any replaced Act or replaced Regulation (or a provision of the Act or Regulation) is a reference to that right, entitlement, power, authority, duty or obligation in existence immediately before the replacement day for the replaced Act or Regulation (or for a provision of the Act or Regulation), and
(c) a reference to a replaced Act or replaced Regulation is a reference to the Act or Regulation as in force immediately before the replacement day for the replaced Act or Regulation (or for a provision of the Act or Regulation).
This clause applies to any matter or thing (a
(a) approved, granted, issued, given or made under a replaced Act or replaced Regulation, and
(b) continued in force or effect, or taken to be a matter or thing, by a provision of this Part for the purposes of this Act (or a specified provision of this Act).
A continued matter or thing that was subject to any conditions imposed by or under a replaced Act or replaced Regulation is subject to the same conditions under this Act.
A continued matter or thing that would have been in force or had effect under a replaced Act or replaced Regulation for a specified period ceases to be in force or have effect under this Act at the same time as it would have ceased to be in force or have effect under the replaced Act or replaced Regulation.
Despite subclauses (2) and (3), a continued matter or thing may be varied, revoked, terminated, cancelled or dealt with in any other way under this Act as if it had been approved, granted, issued, given or made under this Act.
This clause has effect unless the context or subject-matter indicates or requires differently.
Subject to this Part, anything done under or for the purposes of a provision of a replaced Act or replaced Regulation is, to the extent that it has effect immediately before the replacement day for the provision, taken on and from that day to have been done under or for the purposes of the corresponding provision (if any) of this Act or the regulations under this Act.
In this Division, an
(a) a provision of another Act or any instrument made under another Act, and
(b) a provision of any other instrument, contract or other document that creates, modifies or extinguishes rights or liabilities (or would do so if lodged, filed or registered in accordance with any law), including any judgment, order, process or other instrument issued by a court or tribunal.
However, an
(a) a provision of the amending Act, or
(b) a provision of any other Act or instrument made under another Act that contains a reference inserted or substituted by, or retained despite, an amendment made to the provision by the amending Act, or
(c) a spent savings or transitional provision of any other Act or an instrument made under any other Act, or
(d) any provision of an Act, instrument made under an Act or any other instrument or document (or a provision belonging to a class of provisions) that the Minister, by order published on the NSW legislation website, declares not to be an affected provision.
This Division has effect unless the context or subject-matter indicates or requires differently.
Subject to subclause (2)—
(a) a reference in an affected provision to a replaced Act is to be read, on and from the replacement day for the replaced Act, as a reference to this Act, and
(b) a reference in an affected provision to a replaced Regulation is to be read, on and from the replacement day for the replaced Regulation, as a reference to the regulations under this Act.
A reference in an affected provision to a provision of a replaced Act or replaced Regulation is to be read, on and from the replacement day for the provision of the Act or Regulation, as a reference to the corresponding provision (if any) of this Act or the regulations under this Act.
This clause does not apply in relation to references in affected provisions to the Public Finance and Audit Act 1983 or the Public Finance and Audit Regulation 2015 (or a provision of that Act or Regulation).
Subject to subclauses (2) and (3)—
(a) a reference in an affected provision to the Public Finance and Audit Act 1983 is to be read, on and from the replacement day for that Act, as a reference to this Act and the Government Sector Audit Act 1983, and
(b) a reference in an affected provision to the Public Finance and Audit Regulation 2015 is to be read, on and from the replacement day for that Regulation, as a reference to the regulations under this Act and the Government Sector Audit Regulation 2015.
In an affected provision—
(a) a reference to a provision of the Public Finance and Audit Act 1983 that has been renumbered or relocated within that Act by the amending Act is to be read, on and from the day it is renumbered or relocated, as a reference to the relocated or renumbered provision, and
(b) a reference to a provision of the Public Finance and Audit Regulation 2015 that has been renumbered or relocated within that Regulation by an amending PFA regulation is to be read, on and from the day it is renumbered or relocated, as a reference to the relocated or renumbered provision.
Subclause (1) applies in relation to references to provisions that remain in the Public Finance and Audit Act 1983 or Public Finance and Audit Regulation 2015 without being renumbered or relocated. Subclause (3) deals with references to repealed provisions of that Act or Regulation.
In an affected provision—
(a) a reference to a provision of the Public Finance and Audit Act 1983 that has been repealed by the amending Act is to be read, on and from the replacement day for the provision of the Public Finance and Audit Act 1983, as a reference to the corresponding provision (if any) of this Act or the regulations under this Act, and
(b) a reference to a provision of the Public Finance and Audit Regulation 2015 that has been repealed by an amending PFA regulation is to be read, on and from the replacement day for the provision of the Public Finance and Audit Regulation 2015, as a reference to the corresponding provision (if any) of this Act or the regulations under this Act.
The regulations provide for certain transitional arrangements relating to the annual reporting obligations of Departments under the Annual Reports (Departments) Act 1985 and statutory bodies under the Annual Reports (Statutory Bodies) Act 1984. The transitional arrangements relate to references to the Public Finance and Audit Act 1983 in those Acts.
The references in this Act, section 7.6(5)(a) to annual reporting information and the requirement under this Act, Division 7.3 to prepare annual reporting information are to be read on and from 1 July 2021 until 30 June 2023 as references to, respectively—
(a) for a GSF agency to which the Annual Reports (Statutory Bodies) Act 1984 applies—
(i) annual reports of a statutory body prepared under the Annual Reports (Statutory Bodies) Act 1984, and
(ii) the requirement to prepare annual reports under the Annual Reports (Statutory Bodies) Act 1984, and
(b) for a GSF agency to which the Annual Reports (Departments) Act 1985 applies—
(i) annual reports of a Department prepared under the Annual Reports (Departments) Act 1985, and
(ii) the requirement to prepare annual reports under the Annual Reports (Departments) Act 1985, and
The references in this Act, section 7.7(3)(a) to annual reporting information and the requirement under this Act, Division 7.3 to prepare annual reporting information are to be read on and from 1 July 2021 until 30 June 2023 as references to, respectively—
(a) for a former reporting GSF agency to which the Annual Reports (Statutory Bodies) Act 1984 applies or applied—
(i) annual reports of a statutory body prepared under the Annual Reports (Statutory Bodies) Act 1984, and
(ii) the requirement to prepare annual reports under the Annual Reports (Statutory Bodies) Act 1984, and
(b) for a former reporting GSF agency to which the Annual Reports (Departments) Act 1985 applies or applied—
(i) annual reports of a Department prepared under the Annual Reports (Departments) Act 1985, and
(ii) the requirement to prepare annual reports under the Annual Reports (Departments) Act 1985.
This clause applies to a GSF agency to which either of the following applied immediately before its repeal—
(a) the Annual Reports (Statutory Bodies) Act 1984,
(b) the Annual Reports (Departments) Act 1985.
A reference in an affected provision to an annual report of the GSF agency must be read, on and from 1 July 2023, as a reference to annual reporting information for the GSF agency.
A reference to the Public Finance and Audit Act 1983 in each of the following provisions is to be read until 1 July 2021 as including a reference to this Act—
Item | |
1 | section 58 of the Central Coast Water Corporation Act 2006 |
2 | section 5 (2) (c) of the Children (Education and Care Services National Law Application) Act 2010 |
3 | section 7 (1) (i) and (2) (h) of the Health Practitioner Regulation (Adoption of National Law) Act 2009 |
4 | clause 22 (e) of Schedule 6A to the Health Services Act 1997 |
5 | section 6 (3) of the Heavy Vehicle (Adoption of National Law) Act 2013 |
A reference to this Act in each of the following provisions (as amended or substituted by the amending Act) is to be read on and from 1 July 2021 until the relevant day as including a reference to the Annual Reports (Statutory Bodies) Act 1984—
Item | |
1 | section 20A of the Charles Sturt University Act 1989 |
1A | the Electricity Retained Interest Corporations Act 2015, section 10(3) |
2 | section 7 (1) (d2) and (2) (d2) of the Health Practitioner Regulation (Adoption of National Law) Act 2009 |
3 | section 17A of the Macquarie University Act 1989 |
3A | the Multicultural NSW Act 2000, section 18, note |
4 | section 17A of the Southern Cross University Act 1993 |
5 | section 17A of the University of New England Act 1993 |
6 | section 16A of the University of New South Wales Act 1989 |
7 | section 17A of the University of Newcastle Act 1989 |
8 | section 17A of the University of Sydney Act 1989 |
9 | section 17A of the University of Technology Sydney Act 1989 |
10 | section 17A of the University of Wollongong Act 1989 |
11 | section 23A of the Western Sydney University Act 1997 |
A reference to this Act in section 16 of the Innovation and Productivity Council Act 1996 (as substituted by the amending Act) is to be read on and from 1 July 2021 until the relevant day as including a reference to the Annual Reports (Departments) Act 1985.
From 1 July 2021 until the relevant day—
(a) a reference to the Government Sector Audit Act 1983 in the Children (Education and Care Services National Law Application) Act 2010, section 5(2)(c) is to be read as including a reference to this Act, and
(b) a reference to this Act, Division 7.3 in the Electricity Retained Interest Corporations Act 2015, section 10, note is to be read as including a reference to the Annual Reports (Statutory Bodies) Act 1984, and
(c) a reference to the Government Sector Audit Act 1983 in the Fiscal Responsibility Act 2012, section 11 is to be read as including a reference to the Annual Reports (Statutory Bodies) Act 1984 and the Annual Reports (Departments) Act 1985.
Until 1 July 2021—
(a) a reference in section 7 of the Legal Profession Uniform Law Application Act 2014 to the Public Finance and Audit Act 1983 is to be read as including a reference to this Act, and
(b) a reference in that section to an authority within the meaning of the Public Finance and Audit Act 1983 is to be read as including a reference to a GSF agency.
A reference in section 58 of the National Environment Protection Council (New South Wales) Act 1995 to an authority that is not an authority to which the Public Finance and Audit Act 1983 applies is to be read until 1 July 2021 as including a reference to a GSF agency that is not a GSF agency to which this Act applies.
The reference to public moneys for the purposes of the Audit Act 1902 in section 19 (4) of the Health Administration Act 1982 is to be read until 1 July 2021 as a reference to—
(a) public money for the purposes of the Public Finance and Audit Act 1983, and
(b) government money for the purposes of this Act.
In this clause—
(a) 1 July 2023,
(b) the day on which—
(i) for subclause (2)—the Annual Reports (Statutory Bodies) Act 1984 is repealed, or
(ii) for subclause (3)—the Annual Reports (Departments) Act 1985 is repealed.
Any expenditure control authority under section 10 of the Public Finance and Audit Act 1983 continues in force as a Budget control authority under this Act to the extent that the authority applies to entities (or kinds of entities) that are GSF agencies.
Any delegation given under a replaced Act or replaced Regulation continues in force as a delegation for the purposes of Division 9.2 of this Act.
Any delegation made pursuant to an authorisation to delegate the committing or incurring of expenditure for the purposes of section 12A of the Public Finance and Audit Act 1983 continues in force as a delegation for the purposes of Division 9.2 of this Act.
Any authorisation to approve payment for the purposes of section 13 of the Public Finance and Audit Act 1983 is taken to be a delegation given for the purposes of Division 9.2 of this Act.
The following provisions apply in relation to a delegation or authorisation that becomes a delegation (a
(a) the transferred delegation is taken to have been given by the same person under Division 9.2,
(b) the transferred delegation delegates to the same entities (or the same kinds of entities), but only to the extent that those entities are permissible delegates under Division 9.2,
(c) the transferred delegation delegates the same functions (or the same kinds of functions), but only to the extent that those functions or corresponding functions under this Act can be delegated under Division 9.2,
(d) Division 2 of this Part applies in relation to references in a transferred delegation to a replaced Act or replaced Regulation (or a provision of such an Act or Regulation).
This clause does not apply in respect of a delegation given under the Public Finance and Audit Act 1983 to the extent that it relates to a function under a provision of that Act that is not repealed by the amending Act.
Any approval for a financial arrangement given under a provision of the Public Authorities (Financial Arrangements) Act 1987 continues in force as a financial arrangement approval under this Act (and may be amended and revoked accordingly)—
(a) for a joint financing arrangement or joint venture arrangement—until the arrangement ends, or
(b) for any other financial arrangement—for a period of 3 years after the replacement day for the Public Authorities (Financial Arrangements) Act 1987 unless the arrangement ends sooner.
Any guarantees provided (or taken to have been provided) by or under the Public Authorities (Financial Arrangements) Act 1987 in relation to these financial arrangements continue to be in force until they end despite the repeal of that Act by the amending Act.
In this clause—
This clause applies if a GSF agency was an authority with an investment power (an
Subject to subclause (3), a GSF agency may exercise its existing investment powers for a period of 3 years after the replacement day for the Public Authorities (Financial Arrangements) Act 1987.
This clause operates to authorise the exercise of existing investment powers without the need for a financial arrangement approval. See section 6.22 (2) (a) of this Act.
The Treasurer may, by written order given to the accountable authority for a GSF agency, direct that subclause (2) is to cease to apply to some or all of the agency’s existing investment powers specified in the order.
To avoid doubt, a reference to a GSF agency in this clause includes an entity that is a GSF agency only for the purposes of some or all of the provisions of Part 6 of this Act.
The following provisions of the Public Authorities (Financial Arrangements) Act 1987 continue to apply despite the repeal of that Act—
(a) section 8A (Special provisions relating to ownership of buildings, structures or other fixtures) in relation to agreements entered into before the replacement day for the Act,
(b) section 12 (Provisions relating to authorities which obtain financial accommodation) and Schedule 2 (Provisions relating to securities etc) in relation to financial accommodations obtained before the replacement day for the Act,
(c) section 44 (Validation of certain financial adjustments) in relation to arrangements and transactions entered into before the replacement day for the Act.
Any terms and conditions imposed by the Treasurer under section 9 (Treasury advances) of the Public Authorities (Financial Arrangements) Act 1987 on an advance continue to apply to an advance made before the replacement day for the Act.
This clause does not limit the operation of clause 6 or section 30 of the Interpretation Act 1987 in their application to matters arising under the Public Authorities (Financial Arrangements) Act 1987.
Any agreement in force under section 15 (Agreement with bank, building society or credit union) of the Public Finance and Audit Act 1983 is taken to be a State financial service agreement for the purposes of this Act until the agreement ends.
An approval of the Treasurer in force under section 25 of the Public Authorities (Financial Arrangements) Act 1987 given to an authority under that Act that becomes a GSF agency to engage an approved funds manager (other than the New South Wales Treasury Corporation) continues in force as a funds manager approval under this Act.
This Division does not limit any other powers that a GSF agency has under Division 6.4 of this Act to enter into financial arrangements.
This clause applies to an appropriation (an
Part 4 of this Act extends to an existing unused appropriation to the extent to which it has not been applied.
Without limiting subclause (2), an existing unused appropriation given as the Treasurer’s advance is taken to be a Treasurer’s State contingencies appropriation for the purposes of section 4.12 of this Act.
This clause applies to a working account established under section 13A of the Public Finance and Audit
Act 1983 for an authority within the meaning of that Act (an
(a) the account was in existence immediately before the replacement day for that section (the
section 13A replacement day ), and(b) the authority is a GSF agency for the purposes of this Act.
An existing working account is taken to be a working account established under section 4.17 of this Act for the GSF agency (a
Any money (including money that is not working account money) held in an existing working account is taken to form part of the continued working account.
To avoid doubt, subclause (3) does not authorise the payment into a continued working account of money that is not working account money received on or after the section 13A replacement day.
Subject to any regulations made for the purposes of section 4.17, the operation of an existing working account, and the purposes for which money may be paid out of the account, continue to be subject to any terms and conditions specified in the instrument that established the account.
This section expires at the end of 31 December 2022.
In this clause—
(Repealed)
In this Part—
Section 4.7, as amended by the amending Act, extends to government money that was received or recovered by a GSF agency before the commencement of the amending Act, Schedule 1.
This clause applies in relation to—
(a) an existing deemed appropriation to the responsible Minister for a GSF agency, and
(b) a delegation given by the responsible Minister to a person that authorises the application of all or part of the existing deemed appropriation by the person.
On and from the commencement of the amending Act, Schedule 1—
(a) the existing deemed appropriation is taken to have been given to the lead Minister for the GSF agency, and
(b) the delegation continues in effect as if the delegation had been given by the lead Minister for the GSF agency.
In this clause—
Section 5.7, as amended by the amendment Act, applies to an act of grace payment made to a person before the commencement date.
The Chief Commissioner of State Revenue may nominate an act of grace payment (a
Despite subclause (2), section 5.7(3B), to the extent it applies the Taxation Administration Act 1996, Part 8 in relation to a person whom a nominated act of grace payment is made, does not apply to an act of grace payment made before the commencement date.
In this clause—
(Repealed)
Government Sector Finance Act 2018 No 55. Assented to 24.10.2018. Date of commencement of Parts 1–3, secs 5.1, 5.2 and 5.5, Part 6, Part 8, Divs 9.1–9.3, Div 9.4 (except sec 9.15) and sec 10.2, 1.12.2018, sec 1.2 (1) and 2018 (672) LW 30.11.2018; date of commencement of Part 4, secs 5.3 and 5.4, Div 5.2 and sec 9.15, 1.7.2019, sec 1.2 (1) and 2019 (253) LW 21.6.2019; date of commencement of sec 7.1, Divs 7.2 (except secs 7.8 and 7.9) and 7.4 and secs 10.1 and 10.3, 1.7.2021, sec 1.2 (1) and 2021 (304) LW 25.6.2021; date of commencement of secs 7.2 and 7.3, 1.5.2021, sec 1.2 (1) and 2021 (151) LW 1.4.2021; date of commencement of sec 10.4 and Sch 1, assent, sec 2 (2); date of commencement of secs 7.8 and 7.9 and Div 7.3, 1.7.2023, sec 1.2 (1) and 2023 (90) LW 2.3.2023. This Act has been amended by this Act, sec 10.5(1) and as follows—
No 68 | Statute Law (Miscellaneous Provisions) Act (No 2) 2018. Assented to 31.10.2018. Date of commencement of Sch 2.14, 8.1.2019, sec 2 (1). | |
(685) | Government Sector Finance Regulation 2018. LW 30.11.2018. Date of commencement, 1.12.2018, cl 2 (1). | |
(257) | Government Sector Finance Amendment Regulation 2019. LW 21.6.2019. Date of commencement, 1.7.2019, cl 2. | |
No 6 | COVID-19 Legislation Amendment (Emergency Measures—Treasurer) Act 2020. Assented to 14.5.2020. Date of commencement, assent, sec 2. | |
No 14 | State Revenue Legislation Further Amendment Act 2020. Assented to 24.6.2020. Date of commencement, assent, sec 2. | |
(320) | Government Sector Finance Amendment (Transitional) Regulation 2021. LW 25.6.2021. Date of commencement, 1.7.2021, cl 2. | |
No 29 | Treasury Legislation Amendment (Miscellaneous) Act 2022. Assented to 27.6.2022. Date of commencement, 1.7.2022, sec 2. | |
(639) | Government Sector Finance Amendment (Working Accounts) Regulation 2022. LW 28.10.2022. Date of commencement, 29.6.2022, sec 2. | |
No 58 | Electoral Legislation Amendment Act (No 2) 2022. Assented to 26.10.2022. Date of commencement, 3.11.2022, sec 2 and 2022 (653) LW 2.11.2022. | |
No 63 | Treasury and Energy Legislation Amendment Act 2022. Assented to 14.11.2022. Date of commencement of Sch 1, assent, sec 2(1)(b). | |
No 1 | Government Sector Finance Amendment (Grants) Act 2023. Assented to 31.5.2023. Date of commencement, 1.7.2023, sec 2. | |
No 7 | Statute Law (Miscellaneous Provisions) Act 2023. Assented to 3.7.2023. Date of commencement, 14.7.2023, sec 2. | |
No 18 | Revenue, Fines and Other Legislation Amendment Act 2023. Assented to 4.9.2023. Date of commencement, assent, sec 2. | |
No 35 | Statute Law (Miscellaneous Provisions) Act (No 2) 2023. Assented to 30.10.2023. Date of commencement of Sch 3, assent, sec 2(c). | |
No 38 | Revenue Legislation Amendment Act 2024. Assented to 24.6.2024. Date of commencement of Sch 2, assent, sec 2(c). | |
No 47 | Statute Law (Miscellaneous Provisions) Act 2024. Assented to 9.8.2024. Date of commencement, assent, sec 2. | |
No 57 | Government Sector Finance Amendment (Integrity Agencies) Act 2024. Assented to 23.9.2024. Date of commencement, 9.10.2024, sec 2 and 2024 (518) LW 9.10.2024. | |
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2024. Assented to 21.11.2024. Date of commencement of Schs 1 and 2.7, assent, sec 2(b). | |
No 37 | Revenue and Other Legislation Amendment Act 2025. Assented to 1.7.2025. Date of commencement of Sch 2, assent, sec 2(c). | |
No 48 | Statute Law (Miscellaneous Provisions) Act 2025. Assented to 15.8.2025. Date of commencement of Sch 4, assent, sec 2(e). |
Sec 2.4 | Am 2024 No 57, Sch 1[1]. |
Sec 2.5 | Am 2018 No 68, Sch 2.14; 2024 No 57, Sch 1[2]; 2025 No 48, Sch 4.6. |
Sec 2.7 | Am 2022 No 58, Sch 2; 2025 No 48, Sch 4.6. |
Sec 2.9 | Am 2025 No 48, Sch 4.6. |
Sec 4.2 | Am 2020 No 14, sec 3. |
Sec 4.7 | Am 2022 No 63, Sch 1[1]–[5]. |
Sec 4.9 | Am 2022 No 63, Sch 1[6]–[8]. |
Sec 4.9A | Ins 2022 No 63, Sch 1[9]. |
Sec 4.11 | Am 2020 No 6, Sch 1.1[1]. |
Part 4, Div 4.2A | Ins 2024 No 57, Sch 1[3]. |
Sec 4.14A | Ins 2024 No 57, Sch 1[3]. |
Sec 4.14B | Ins 2024 No 57, Sch 1[3]. Am 2024 No 82, Sch 2.7. |
Sec 4.14C | Ins 2024 No 57, Sch 1[3]. |
Part 4, Div 4.2B | Ins 2024 No 57, Sch 1[3]. |
Sec 4.14D | Ins 2024 No 57, Sch 1[3]. |
Sec 5.7 | Am 2023 No 18, Sch 3[1] [2]. |
Sec 7.6 | Am 2022 No 29, Sch 1.3[1]. |
Sec 7.17 | Am 2022 No 29, Sch 1.3[2]. |
Sec 7.18 | Am 2022 No 29, Sch 1.3[3]. |
Sec 9.7 | Am 2024 No 82, Sch 1.10. |
Sec 10.3A | Ins 2023 No 1, Sch 1[1]. Am 2024 No 47, Sch 2.3. |
Sec 10.3B | Ins 2024 No 38, Sch 2. Am 2025 No 37, Sch 2. |
Sec 10.5 | Ins 2020 No 6, Sch 1.1[2]. |
Sch 1 | Am 2018 (685), Sch 1; 2019 (257), Sch 2 [1] [2]; 2020 No 6, Sch 1.1[3]–[5]; 2021 (320), Sch 1[1]–[5]; 2022 No 29, Sch 1.3[4]; 2022 (639), sec 3; 2022 No 63, Sch 1[10]; 2023 No 1, Sch 1[2]; 2023 No 7, Sch 2.29; 2023 No 18, Sch 3[3]; 2023 No 35, Sch 3.6. |
Sch 2 | Ins 2020 No 6, Sch 1.1[6]. Rep 2018 No 55, sec 10.5(1). |
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