Part 1 Preliminary
1 Name of Regulation
This Regulation is the Government Sector Finance Regulation 2018.
2 Commencement
(1) This Regulation commences on 1 December 2018 and is required to be published on the NSW legislation website.(2) (Repealed)cl 2: Am 2019 (257), Sch 1 [1].
3 Definitions
(1) In this Regulation—customer good means a good that was acquired or created by a GSF agency for the purpose of sale or resale to customers.Teaching Service has the same meaning as in the Teaching Service Act 1980.the Act means the Government Sector Finance Act 2018.Note—The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.(2) Notes included in this Regulation do not form part of this Regulation.cl 3: Am 2019 (257), Sch 1 [2].
Part 2 Key concepts
4 Prescribed GSF agencies: section 2.4 (1) (l) of Act
(1) The purpose of this clause is to prescribe certain entities as GSF agencies for the purposes of section 2.4 (1) (l) of the Act (whether generally or for specified provisions of the Act).(2) Each existing prescribed PAFA entity that is not already covered by section 2.4 (1) (a)–(k) of the Act is prescribed as a GSF agency only for the purposes of Divisions 6.4–6.6 of the Act.(3) Subclause (2) applies in relation to an existing prescribed PAFA entity that was prescribed as an authority or controlled entity for the purposes of certain provisions of the Public Authorities (Financial Arrangements) Act 1987 as follows—(a) if the entity was prescribed only for the purposes of Part 2A (Financial adjustments) of that Act—the entity is prescribed as a GSF agency only for the purposes of provisions that concern derivative arrangements,(b) if the entity was prescribed only for the purposes of Part 3 (Investments) of that Act—the entity is prescribed as a GSF agency only for the purposes of provisions that concern investments.(4) Each of the following entities is prescribed as a GSF agency only for the purposes of Part 7 of the Act—(a) the Statutory Trustee, or the Statutory Trustees, of a Fund (within the meaning of the Technical Education Trust Funds Act 1967),(b) the Border Fence Maintenance Board.(4A) The New South Wales Aboriginal Land Council is prescribed as a GSF agency only for the purposes of the following provisions of the Act—(a) to the extent that the Treasurer’s directions relate to financial or annual reporting under Divisions 7.2 or 7.3 respectively or are given under section 3.6(2)—Division 3.1,(b) Divisions 3.2, 7.2 and 7.3,(c) section 9.11(1)(b).(5) Subject to subclauses (2)–(4A), each of the following entities is prescribed as a GSF agency for the purposes of the Act generally—(a) an entity not already covered by section 2.4 (1) (a)–(k) of the Act that is—(i) an authority within the meaning of the Public Finance and Audit Act 1983, or(ii) any other entity specified in Schedule 2 or Column 1 of Schedule 3 to that Act,(b) the FANMAC trustee within the meaning of Schedule 4 to the Housing Act 2001,(c) the Trustee of the Home Purchase Assistance Fund.(6) However, this clause does not operate to prescribe the following entities to be GSF agencies (whether generally or for specified provisions of the Act)—(a) the Teaching Service,(b) a university or the council or senate for a university.(7) In this clause—existing prescribed PAFA entity means an entity that was prescribed as an authority or controlled entity in Schedule 1 to the Public Authorities (Financial Arrangements) Regulation 2013 immediately before its repeal, but does not include City West Housing Pty Limited.cl 4: Am 2019 (257), Sch 1 [3]; 2020 (739), Sch 1[1]–[3].
5A Separate GSF agencies: section 2.5(1)(f) of Act
The Independent Planning Commission is prescribed as a separate GSF agency for the purposes of section 2.5(1)(f) the Act.cl 5A: Ins 2020 (600), Sch 1.
5 Accountable authority: section 2.7 (3) of Act
For the purposes of section 2.7 (3) of the Act, the Secretary of the Department of Premier and Cabinet is to be treated as the accountable authority for the corporation sole with the corporate name “Minister administering the Heritage Act 1977” incorporated under section 102 of the Heritage Act 1977.cl 5: Am 2019 (257), Sch 1 [4].
6 Prescribed government officers: section 2.9 (1) (e) of Act
(1) For the purposes of section 2.9 (1) (e) of the Act, any person who is an officer of an authority within the meaning of the Public Finance and Audit Act 1983 (and not already covered by section 2.9 (1) (a)–(d) of the Act) is prescribed as a government officer.(2) For the purposes of section 2.9 (1) (e) and (3) (b) of the Act, each person specified in Column 2 next to the GSF agency specified in Column 1 of the following Table is prescribed as a government officer of the agency—
Part 2A Roles and responsibilities
pt 2A (cl 6A): Ins 2019 (257), Sch 1 [9].
6A Treasurer’s directions: section 3.1 (1) (c) of Act
(1) For the purposes of section 3.1 (1) (c) of the Act, the following matters are prescribed as kinds of matters for which the Treasurer’s directions are authorised to make provision—(a) the establishment and operation of securities and their registries by GSF agencies in respect of securities they issue (including the inspection of those registries),(b) the surrender, transfer, exchange and transmission of securities by GSF agencies in respect of securities they issue,(c) the purchase of securities issued by GSF agencies,(d) the making of payments (including interest payments) by GSF agencies in respect of securities they issue,(e) the form of securities issued by GSF agencies.(2) In this clause—security includes an inscribed stock, debenture, promissory note or bank bill of exchange.pt 2A (cl 6A): Ins 2019 (257), Sch 1 [9].
6AA Employees of NSW Aboriginal Land Council not government officers
For the purposes of section 2.9(2)(k) of the Act, a person who is an employee of the New South Wales Aboriginal Land Council is not a government officer.cl 6AA: Ins 2020 (739), Sch 1[4].
Part 3 Financial services and arrangements
7 Definitions
In this Part—bank guarantee means an arrangement under which an entity that provides finance (the guarantor) undertakes either of the following in relation to another entity (the guarantee recipient)—(a) to guarantee to a third party the performance of an obligation by the guarantee recipient,(b) to pay a third party on demand by the guarantee recipient.operating or finance lease arrangement means an arrangement under which an entity (the lessor) grants another entity (the lessee) for value—(a) a right for the lessee to use an asset (other than land) of the lessor for a specified period, and(b) any entitlements to the risks and rewards resulting from the use of the asset.means an arrangement created by an instrument under which any financial return is made contingent on the achievement of specified social outcomes.supplier finance arrangement means an agreement between parties under which—(a) one party (the finance provider) assumes the liability of the other party (the finance recipient) for the payment of invoices from suppliers for the finance recipient, and(b) the finance recipient has an obligation to repay the finance provider for any amounts paid (including interest or an amount in the form of interest).
8 Prescribed borrowings: section 6.8 (1) (c) of Act
For the purposes of section 6.8 (1) (c) of the Act, each of the following arrangements is prescribed as a borrowing—(a) issuing a social benefit bond,(b) becoming a guarantee recipient under a bank guarantee,(c) becoming a finance recipient under a supplier finance arrangement,(d) becoming a lessee under an operating or finance lease arrangement.
9 Prescribed investment: section 6.9 (1) (b) of Act
For the purposes of section 6.9 (1) (b) of the Act, each of the following arrangements is prescribed as an investment—(a) purchasing a social benefit bond,(b) depositing money in a banking account even if it is not primarily for the purpose or with the expectation of producing income, interest, profit, capital growth or any other financial benefit.
Part 4 Delegations
10A Definition
In this Part—expenditure function of a Minister in relation to an entity means a function that is conferred or imposed on the Minister by or under the Act or any other legislation, including an annual Appropriation Act, regarding the expenditure of money, including out of the Consolidated Fund, in relation to the entity.cl 10A: Ins 2021 (159), Sch 1[1].
10 Prescribed delegates and subdelegates for Judicial Commission of New South Wales
(1) The purpose of this clause is to enable certain delegations and subdelegations in relation to the Judicial Commission of New South Wales to be made to members of staff of the Commission even though they are not government officers.Note—Section 2.9 (2) (e) of the Act provides that a government officer does not include a member of the staff of the Judicial Commission of New South Wales employed under the Judicial Officers Act 1986.(2) For the purposes of paragraph (b) of item 3 of the Table to section 9.9 (5) of the Act, a member of staff of the Judicial Commission of New South Wales is prescribed as an entity to which the accountable authority for the Commission may subdelegate.(3) For the purposes of section 9.11 (1) (b) of the Act, a member of staff of the Judicial Commission of New South Wales is prescribed as an entity to which the accountable authority for the Commission may delegate.(4) For the purposes of item 2 of the Table to section 9.11 (4) of the Act, a member of staff of the Judicial Commission of New South Wales is prescribed as an entity to which a delegate prescribed by subclause (3) may subdelegate.
11 Prescribed delegates and subdelegates for transport GSF agencies
(1) The purpose of this clause is to enable certain delegations and subdelegations to be made in relation to a transport GSF agency to a member of the Transport Service of New South Wales even if the member is not a government officer of the agency concerned.Note—Division 9.2 of the Act already makes provision for delegations and subdelegations to be made to persons who are government officers for a transport GSF agency.(2) For the purposes of section 9.9 (2) (f) of the Act, a member of the Transport Service of New South Wales who is not a government officer of a transport GSF agency for which the Minister is the responsible Minister is prescribed as an entity to which a Minister may delegate.(3) For the purposes of paragraph (b) of item 4 of the Table to section 9.9 (5) of the Act, a member of the Transport Service of New South Wales who is not a government officer of a transport GSF agency is prescribed as an entity to which the accountable authority for that agency may subdelegate.(4) For the purposes of paragraph (b) of item 6 of the Table to section 9.9 (5) of the Act, a member of the Transport Service of New South Wales who is not a government officer of a transport GSF agency is prescribed as an entity to which a government officer of that agency may subdelegate.(5) For the purposes of section 9.11 (1) (b) of the Act, a member of the Transport Service of New South Wales who is not a government officer of a transport GSF agency is prescribed as an entity to which the accountable authority for that agency may delegate.(6) For the purposes of paragraph (b) of item 1 of the Table to section 9.11 (4) of the Act, a member of the Transport Service of New South Wales who is not a government officer of the agency concerned is prescribed as an entity to which a government officer of the agency may subdelegate.(7) In this clause—transport GSF agency means—(a) a transport authority within the meaning of Part 6B of the Transport Administration Act 1988, or(b) a public subsidiary corporation within the meaning of section 55C of that Act.
11A Prescribed delegates for Premier
For the purposes of section 9.9(2)(f) of the Act, a person employed under Part 2 of the Members of Parliament Staff Act 2013 is prescribed as an entity to which the Premier may delegate.cll 11A: Ins 2020 (739), Sch 1[5].
11B Prescribed delegates for NSW Aboriginal Land Council
For the purposes of section 9.11(1)(b) of the Act, a person who is an employee of the New South Wales Aboriginal Land Council is prescribed as an entity to which the Council may delegate.cll 11B: Ins 2020 (739), Sch 1[5].
11C Prescribed subdelegate for delegated expenditure functions in relation to New South Wales Electoral Commission
For the purposes of section 9.9(5), table, item 3, paragraph (b) of the Act, the Electoral Commissioner is prescribed as an entity to which the accountable authority for the New South Wales Electoral Commission (the Commission) may subdelegate an expenditure function of a Minister in relation to the Commission.cll 11C–11F: Ins 2021 (159), Sch 1[2].
11D Prescribed subdelegates for delegated expenditure functions in relation to Independent Commission Against Corruption
For the purposes of section 9.9(5), table, item 3, paragraph (b) of the Act, a Commissioner of the Independent Commission Against Corruption (the Commission) is prescribed as an entity to which the accountable authority for the Commission may subdelegate an expenditure function of a Minister in relation to the Commission.cll 11C–11F: Ins 2021 (159), Sch 1[2].
11E Prescribed delegate for delegated expenditure functions in relation to Inspector of the Independent Commission Against Corruption
For the purposes of section 9.9(2)(f) of the Act, the Inspector of the Independent Commission Against Corruption (the Inspector) is prescribed as an entity to which a Minister may delegate an expenditure function of the Minister in relation to the Inspector.cll 11C–11F: Ins 2021 (159), Sch 1[2].
11F Prescribed delegates and subdelegates for delegated expenditure functions in relation to Law Enforcement Conduct Commission
(1) For the purposes of section 9.9(2)(f) of the Act, a Commissioner of the Law Enforcement Conduct Commission (the Commission) is prescribed as an entity to which a Minister may delegate an expenditure function of the Minister in relation to the Commission.(2) For the purposes of section 9.9(5), table, item 4, paragraph (b) of the Act, a Commissioner of the Commission is prescribed as an entity to which the accountable authority for the Commission may subdelegate an expenditure function of a Minister in relation to the Commission.cll 11C–11F: Ins 2021 (159), Sch 1[2].
12 Prescribed subdelegates for delegated expenditure functions of Planning Minister
(1) (Repealed)(2) For the purposes of the following provisions of the Table to section 9.9 (5) of the Act, the Planning Secretary and Planning government officers are prescribed as entities to which a delegate of the Planning Minister may subdelegate an expenditure function of the Minister—(a) paragraph (d) of item 1,(b) paragraph (c) of item 2,(c) paragraph (b) of item 4,(d) paragraph (c) of item 5,(e) paragraph (b) of item 6.(3) In this clause—expenditure function of the Planning Minister means a function that is conferred or imposed on the Planning Minister by or under the Act or any other legislation (including an annual Appropriation Act) regarding the expenditure of money (including out of the Consolidated Fund).Planning Minister means the Minister for Planning and Public Spaces.Planning Secretary means the Secretary of the Department of Planning, Industry and Environment.Planning government officer means a government officer of the Department of Planning, Industry and Environment.cl 12: Am 2019 (257), Sch 1 [10] [11].
Part 5 Budget, appropriations and Special Deposits Account
pt 5: Ins 2019 (257), Sch 1 [12].
12A Consumer price adjustments for payments authorised on lapse of appropriation—section 4.10 of Act
(1) The purpose of this clause is to provide for the purposes of section 4.10(4)(a) of the Act for the adjustment for consumer prices in an annual reporting period for the NSW Government (the current period) of the amount appropriated under the annual Appropriation Act (the previous appropriated amount) for the previous annual reporting period (the previous period).(2) The previous appropriated amount is to be adjusted by whichever of the following percentages is the greater—(a) the percentage change in the Consumer Price Index (All Groups Index) for Sydney published by the Australian Bureau of Statistics between the March quarter immediately before the commencement of the current period compared with the March quarter immediately before the commencement of the previous period,(b) the percentage (as at 31 March immediately before the commencement of the current period) declared by a regulation made for the purposes of section 146C of the Industrial Relations Act 1996 to be government policy in respect of the maximum percentage for increases in the remuneration of public sector employees.cl 12A: Ins 2020 No 6, Sch 1.2.
13 Deemed appropriations: section 4.7 of Act
(1) Each of the following kinds of government money received or recovered by a GSF agency is prescribed to be deemed appropriation money for the purposes of the definition of deemed appropriation money in section 4.7 (3) of the Act—(a) money from a fee, rent or charge for a service or customer good provided by the GSF agency to a customer, including—(i) money from a surcharge charged for the use of a credit card to pay for a supplied service or good, and(ii) money from interest or a charge paid for any overdue fee, rent or charge for a supplied service or good,(b) money from a bequest, donation, sponsorship or gift made to the GSF agency by another entity, including money allocated to the GSF agency under clause 63 of the Legal Profession Uniform Law Application Regulation 2015,(c) money from the proceeds of a sale or other disposal by the GSF agency of a minor asset,(d) money paid to the GSF agency from the Treasury Managed Fund or by an insurer, including—(i) any repayment to the agency of some or all of a contribution or premium paid to the Fund or an insurer, and(ii) any payments made by MetLife Insurance Limited in full or partial settlement of any entitlement of a police officer in respect of injuries or other loss sustained by the officer,(e) money paid to the GSF agency as compensation under a judgment of a court or tribunal or in a settlement of proceedings for compensation, including any interest payable on the amount of compensation,(f) money from a Commonwealth grant or other payment (except a general purpose Commonwealth grant) paid to the GSF agency for its benefit,(g) money from returns on investments and derivative arrangements made by or on behalf of the GSF agency, including—(i) interest received by the agency from a banking account of the agency, and(ii) interest payments made to the agency by the Treasury instead of interest received by the agency from a banking account of the agency as a result of the operation of banking account structuring under a State financial service agreement, and(iii) interest from a loan made by or on behalf of the agency,(h) money from a grant, contribution or subsidy provided to the GSF agency to cover some or all of the cost of a service or good the agency is responsible for providing,(i) money from a refund or rebate received or recovered by the GSF agency in respect of a purchase made by the agency.(2) Subclause (1) (d), (e), (f) and (h) apply regardless of whether the money concerned was paid to the GSF agency for its own benefit or for the benefit of another entity.(3) An appropriation under section 4.7 of the Act of money of the kind referred to in subclause (1) (h) is subject to the condition that it may only be spent in accordance with any terms or conditions applicable to the grant, contribution or subsidy concerned.(4) The kinds of government money prescribed by this clause extend to government money that was received or recovered before the commencement of section 4.7 of the Act.(5) An appropriation under section 4.7 of the Act of government money of the kind referred to in subclause (4) is taken to have been given—(a) in the case of money in respect of which expenditure occurred before the commencement of section 4.7 of the Act—on the day the money was received or recovered, and(b) in any other case—on the day on which section 4.7 of the Act commences.(6) To avoid doubt, the kinds of government money prescribed by this clause—(a) is limited to money that—(i) forms part of the Consolidated Fund, and(ii) is not appropriated under the authority of an Act, and(b) covers government money that is received or recovered from any other entity (including another GSF agency).(7) In this clause—minor asset means an asset with an acquisition cost of less than $200,000, but does not include—(a) a customer good, or(b) a building (or an interest in land or a building).cll 13: Ins 2019 (257), Sch 1 [12].
14 Working accounts: section 4.17 of Act
(1) For the purposes of section 4.17 of the Act, a GSF agency may establish and operate a working account only if—(a) the accountable authority for the agency applies to the Treasurer in a form approved by the Treasurer for authorisation to establish and operate the account, and(b) the Treasurer gives written authorisation for the account to be established and operated.(2) Without limiting subclause (1) (b), the written authorisation may specify—(a) the kinds of working account money that may be paid into the working account, and(b) the purposes for which money may be paid out of the working account, and(c) the use of investment returns on the money in the working account, and(d) any other terms or conditions relating to the establishment or operation of the working account.(3) The Treasurer may, by written order given to the accountable authority for a GSF agency, direct that—(a) the working account specified in the order is to be dissolved, and(b) money in the account is to be paid into the Consolidated Fund or into another specified working account of a GSF agency.(4) Each of the following sources of money received by a GSF agency is prescribed for the purposes of the definition of working account money in section 4.17 (2) of the Act (regardless of whether or not it is also deemed appropriation money for the purposes of section 4.7 of the Act)—(a) money from a fee, rent or charge for a service or customer good provided by the GSF agency to a customer, including—(i) money from a surcharge charged for the use of a credit card to pay for a supplied service or good, and(ii) money from interest or a charge paid for any overdue fee, rent or charge for a supplied service or good,(b) money from rent for land or a building paid to the GSF agency by another entity for a lease the other entity has over the land or building,(c) money from a bequest, donation, sponsorship or gift made to the GSF agency by another entity, including money allocated to the GSF agency under clause 63 of the Legal Profession Uniform Law Application Regulation 2015,(d) money from the proceeds of a sale or other disposal by the GSF agency of an asset unless legislation (other than the Act or the Constitution Act 1902) specifically requires the money to be paid into the Consolidated Fund,(e) money paid to the GSF agency from the Treasury Managed Fund or by an insurer, including—(i) any repayment to the agency of some or all of a contribution or premium paid to the Fund or an insurer, and(ii) any payments made by MetLife Insurance Limited in full or partial settlement of any entitlement of a police officer in respect of injuries or other loss sustained by the officer,(f) money paid to the GSF agency as compensation under a judgment of a court or tribunal or in a settlement of proceedings for compensation, including any interest payable on the amount of compensation,(g) money from a Commonwealth grant or other payment (except a general purpose Commonwealth grant) paid to the GSF agency for its benefit,(h) money from returns on investments and derivative arrangements made by or on behalf of the GSF agency, including—(i) interest received by the agency from a banking account of the agency, and(ii) interest payments made to the agency by the Treasury instead of interest received by the agency from a banking account of the agency as a result of the operation of banking account structuring under a State financial service agreement, and(iii) interest from a loan made by or on behalf of the agency,(i) money from a grant, contribution or subsidy provided to the GSF agency to cover some or all of the cost of a service or good the agency is responsible for providing,(j) money from a refund or rebate received or recovered by the GSF agency in respect of a purchase made by the agency,(k) money from a loan provided to the GSF agency under a financial arrangement that is authorised for the purposes of section 6.22 of the Act,(l) money directed to be paid into the working account concerned in an order made by the Treasurer under subclause (3).Note—The fact that money is prescribed to be working account money does not mean that it must be paid into a working account. Section 4.17 (1) of the Act provides that a GSF agency may establish and operate a working account in the circumstances permitted by the regulations.(5) Subclause (4) (b), (e), (f), (g) and (i) apply regardless of whether the money concerned was paid to the GSF agency for its own benefit or for the benefit of another entity.(6) To avoid doubt, subclause (4) covers money that is received from any other entity (including another GSF agency).cll 14: Ins 2019 (257), Sch 1 [12].
Part 6 Expenditure and gifts
pt 6 (cll 15, 16): Ins 2019 (257), Sch 1 [12].
15 Relevant tax-equivalent regimes: section 5.3 (5) of Act
(1) For the purposes of the definition of relevant tax-equivalent regime in section 5.3 (5) of the Act, the National tax-equivalent regime and State tax-equivalent regime are prescribed.(2) The National tax-equivalent regime means the arrangements between the Commonwealth and the States and Territories relating to income tax equivalent payments to be made by government businesses under a National Tax Equivalent Regime, as referred to in Schedule B to the Intergovernmental Agreement and given effect to from time to time by a memorandum of understanding between the Commonwealth, the Commissioner of Taxation of the Commonwealth and the States and Territories.(3) The State tax-equivalent regime means the arrangements approved from time to time by the Treasurer relating to income tax equivalent payments to be made by government businesses that are not subject to the National tax-equivalent regime.(4) In this section—Intergovernmental Agreement means the Intergovernmental Agreement on Federal Financial Relations entered into by the parties to the Council of Australian Governments, as in force from time to time.pt 6 (cll 15, 16): Ins 2019 (257), Sch 1 [12].
16 Act of grace payments: section 5.7 (4) (c) of Act
Each of the following is prescribed for the purposes of section 5.7 (4) (c) of the Act—(a) any person employed in or by the NSW Health Service,(b) any member of the NSW Police Force.pt 6 (cll 15, 16): Ins 2019 (257), Sch 1 [12].
Schedule 1 Provisions for COVID-19 pandemic
1 Prescribed day for preparation or submission of financial reports
For the purposes of Schedule 2, clause 11(1)(a) to the Act, 19 September 2020 is prescribed.Note—The effect of this clause is that a financial report referred to in section 41A or 45D of the Public Finance and Audit Act 1983 for the financial year that commenced on 1 July 2019 for a statutory body or Department is to be prepared or submitted within the period of 6 weeks after 19 September 2020. This period ends on 31 October 2020.
2 Prescribed day for submission of annual reports
For the purposes of Schedule 2, clause 12(2)(a) to the Act, 31 July 2020 is prescribed.Note—The effect of this clause is that an annual report under section 12 of the Annual Reports (Departments) Act 1985 or section 10 of the Annual Reports (Statutory Bodies) Act 1984 for the financial year that commenced on 1 July 2019 for a Department or statutory body is to be submitted not later than 4 months after 31 July 2020. This period ends on 30 November 2020.
3 Repeal of Schedule
This Schedule is repealed on the repeal of Schedule 2 to the Act.
sch 1: Rep 2018 (685), cl 2 (2). Ins 2020 (642), cl 3.