Appropriation Act 2004 No 60



An Act to appropriate out of the Consolidated Fund sums for the recurrent services and capital works and services of the Government for the year 2004–05.
Part 1 Preliminary
1   Name of Act
This Act is the Appropriation Act 2004.
2   Commencement
This Act commences or is taken to have commenced on 1 July 2004.
3   Interpretation
In this Act, a reference to the year 2004–05 is a reference to the year from 1 July 2004 to 30 June 2005.
Part 2 Appropriations out of the Consolidated Fund
4   General appropriation from Consolidated Fund 2004–05 for recurrent services
(1)  Out of the Consolidated Fund there are hereby appropriated the sums identified in sections 6 to 24, inclusive, as the sums appropriated by this Act for recurrent services, which sums may be issued and applied for or towards the several uses and purposes expressed in those sections for the recurrent services of the Government for the year 2004–05.
(2)  The total sum appropriated out of the Consolidated Fund for the recurrent services of the Government for the year 2004–05, in accordance with the provisions of sections 6 to 24, inclusive, is the sum of $32,039,760,000.
(3)  Any amounts expended for recurrent services under section 25 of the Public Finance and Audit Act 1983 or any Supply Act on or after 1 July 2004 and before the date of assent to this Act are taken to have been expended out of such of the sums for recurrent services set out in sections 6 to 24, inclusive, as may be determined by the Treasurer.
5   General appropriation from Consolidated Fund 2004–05 for capital works and services
(1)  Out of the Consolidated Fund there are hereby appropriated the sums identified in sections 6 to 24, inclusive, as the sums appropriated by this Act for capital works and services, which sums may be issued and applied for or towards the several uses and purposes expressed in those sections for capital works and services for the year 2004–05.
(2)  The total sum appropriated out of the Consolidated Fund for capital works and services for the year 2004–05, in accordance with the provisions of sections 6 to 24, inclusive, is the sum of $2,711,319,000.
(3)  Any amounts expended for capital works and services under section 25 of the Public Finance and Audit Act 1983 or any Supply Act on or after 1 July 2004 and before the date of assent to this Act are taken to have been expended out of such of the sums for capital works and services set out in sections 6 to 24, inclusive, as may be determined by the Treasurer.
6   Premier, Minister for the Arts and Minister for Citizenship
(1)  RECURRENT SERVICES: The sum of $377,079,000 is hereby appropriated to the Premier, Minister for the Arts and Minister for Citizenship for the recurrent services of the following:
  
$,000
01.
Cabinet Office
16,451
02.
Parliamentary Counsel’s Office
5,512
03.
Premier’s Department
94,009
04.
Independent Pricing and Regulatory Tribunal
13,990
05.
Natural Resources Commission
3,514
06.
Ministry for the Arts
89,296
07.
State Library of New South Wales
50,792
08.
Australian Museum
20,581
09.
Museum of Applied Arts and Sciences
27,865
10.
Historic Houses Trust of New South Wales
15,897
11.
Art Gallery of New South Wales
15,187
12.
State Records Authority
4,690
13.
New South Wales Film and Television Office
9,349
14.
Community Relations Commission
9,946
 
Total, Recurrent Services
377,079
   
(2)  CAPITAL WORKS AND SERVICES: The sum of $40,500,000 is hereby appropriated to the Premier, Minister for the Arts and Minister for Citizenship for the capital works and services of the following:
  
$,000
01.
Cabinet Office
10
02.
Parliamentary Counsel’s Office
730
03.
Premier’s Department
3,364
04.
Independent Pricing and Regulatory Tribunal
180
05.
Natural Resources Commission
500
06.
Ministry for the Arts
10,810
07.
State Library of New South Wales
10,086
08.
Australian Museum
4,420
09.
Museum of Applied Arts and Sciences
4,898
10.
Historic Houses Trust of New South Wales
2,277
11.
Art Gallery of New South Wales
2,836
12.
State Records Authority
345
13.
New South Wales Film and Television Office
44
 
Total, Capital Works and Services
40,500
   
7   Attorney General and Minister for the Environment
(1)  RECURRENT SERVICES: The sum of $764,711,000 is hereby appropriated to the Attorney General and Minister for the Environment for the recurrent services of the following:
  
$,000
01.
Attorney General’s Department
355,397
02.
Judicial Commission of New South Wales
3,751
03.
Legal Aid Commission of New South Wales
75,087
04.
Department of Environment and Conservation
298,133
05.
Environmental Trust
16,443
06.
Royal Botanic Gardens and Domain Trust
15,900
 
Total, Recurrent Services
764,711
   
(2)  CAPITAL WORKS AND SERVICES: The sum of $113,985,000 is hereby appropriated to the Attorney General and Minister for the Environment for the capital works and services of the following:
  
$,000
01.
Attorney General’s Department
84,305
02.
Judicial Commission of New South Wales
48
03.
Legal Aid Commission of New South Wales
2,937
04.
Department of Environment and Conservation
24,660
05.
Royal Botanic Gardens and Domain Trust
2,035
 
Total, Capital Works and Services
113,985
   
8   Minister for Community Services, Minister for Ageing, Minister for Disability Services and Minister for Youth
(1)  RECURRENT SERVICES: The sum of $2,152,953,000 is hereby appropriated to the Minister for Community Services, Minister for Ageing, Minister for Disability Services and Minister for Youth for the recurrent services of the following:
  
$,000
01.
Department of Community Services
842,743
02.
Office of the Children’s Guardian
2,943
03.
Department of Ageing, Disability and Home Care
1,299,468
04.
Commission for Children and Young People
7,799
 
Total, Recurrent Services
2,152,953
   
(2)  CAPITAL WORKS AND SERVICES: The sum of $50,673,000 is hereby appropriated to the Minister for Community Services, Minister for Ageing, Minister for Disability Services and Minister for Youth for the capital works and services of the following:
  
$,000
01.
Department of Community Services
13,693
02.
Office of the Children’s Guardian
40
03.
Department of Ageing, Disability and Home Care
36,763
04.
Commission for Children and Young People
177
 
Total, Capital Works and Services
50,673
   
9   Minister for Education and Training and Minister for Aboriginal Affairs
(1)  RECURRENT SERVICES: The sum of $7,664,105,000 is hereby appropriated to the Minister for Education and Training and Minister for Aboriginal Affairs for the recurrent services of the following:
  
$,000
01.
Department of Education and Training
7,549,852
02.
Office of the Board of Studies
80,951
03.
Department of Aboriginal Affairs
33,302
 
Total, Recurrent Services
7,664,105
   
(2)  CAPITAL WORKS AND SERVICES: The sum of $351,791,000 is hereby appropriated to the Minister for Education and Training and Minister for Aboriginal Affairs for the capital works and services of the following:
  
$,000
01.
Department of Education and Training
351,052
02.
Office of the Board of Studies
700
03.
Department of Aboriginal Affairs
39
 
Total, Capital Works and Services
351,791
   
10   Minister for Energy and Utilities and Minister for Science and Medical Research
(1)  RECURRENT SERVICES: The sum of $247,299,000 is hereby appropriated to the Minister for Energy and Utilities and Minister for Science and Medical Research for the recurrent services of the following:
  
$,000
01.
Department of Energy, Utilities and Sustainability
146,644
02.
Payments for Water and Sewerage Assistance
91,622
03.
Ministry for Science and Medical Research
9,033
 
Total, Recurrent Services
247,299
   
(2)  CAPITAL WORKS AND SERVICES: The sum of $1,739,000 is hereby appropriated to the Minister for Energy and Utilities and Minister for Science and Medical Research for the capital works and services of the following:
  
$,000
01.
Department of Energy, Utilities and Sustainability
1,388
02.
Ministry for Science and Medical Research
351
 
Total, Capital Works and Services
1,739
   
11   Minister for Gaming and Racing
(1)  RECURRENT SERVICES: The sum of $38,130,000 is hereby appropriated to the Minister for Gaming and Racing for the recurrent services of the following:
  
$,000
01.
Department of Gaming and Racing
32,005
02.
Casino Control Authority
6,125
 
Total, Recurrent Services
38,130
   
(2)  CAPITAL WORKS AND SERVICES: The sum of $2,515,000 is hereby appropriated to the Minister for Gaming and Racing for the capital works and services of the following:
  
$,000
01.
Department of Gaming and Racing
2,445
02.
Casino Control Authority
70
 
Total, Capital Works and Services
2,515
   
12   Minister for Health
(1)  RECURRENT SERVICES: The sum of $7,906,170,000 is hereby appropriated to the Minister for Health for the recurrent services of the following:
  
$,000
01.
Department of Health
7,895,601
02.
Health Care Complaints Commission
10,569
 
Total, Recurrent Services
7,906,170
   
(2)  CAPITAL WORKS AND SERVICES: The sum of $431,950,000 is hereby appropriated to the Minister for Health for the capital works and services of the following:
  
$,000
01.
Department of Health
431,950
 
Total, Capital Works and Services
431,950
   
13   Minister for Infrastructure and Planning and Minister for Natural Resources
(1)  RECURRENT SERVICES: The sum of $377,769,000 is hereby appropriated to the Minister for Infrastructure and Planning and Minister for Natural Resources for the recurrent services of the following:
  
$,000
01.
Heritage Office
6,711
02.
Department of Infrastructure, Planning and Natural Resources
316,021
03.
Department of Lands
55,037
 
Total, Recurrent Services
377,769
   
(2)  CAPITAL WORKS AND SERVICES: The sum of $27,346,000 is hereby appropriated to the Minister for Infrastructure and Planning and Minister for Natural Resources for the capital works and services of the following:
  
$,000
01.
Heritage Office
19
02.
Department of Infrastructure, Planning and Natural Resources
25,175
03.
Department of Lands
2,152
 
Total, Capital Works and Services
27,346
   
14   Minister for Justice
(1)  RECURRENT SERVICES: The sum of $580,781,000 is hereby appropriated to the Minister for Justice for the recurrent services of the following:
  
$,000
01.
Department of Corrective Services
580,781
 
Total, Recurrent Services
580,781
   
(2)  CAPITAL WORKS AND SERVICES: The sum of $109,338,000 is hereby appropriated to the Minister for Justice for the capital works and services of the following:
  
$,000
01.
Department of Corrective Services
109,338
 
Total, Capital Works and Services
109,338
   
15   Minister for Juvenile Justice and Minister for Western Sydney
(1)  RECURRENT SERVICES: The sum of $111,178,000 is hereby appropriated to the Minister for Juvenile Justice and Minister for Western Sydney for the recurrent services of the following:
  
$,000
01.
Department of Juvenile Justice
111,178
 
Total, Recurrent Services
111,178
   
(2)  CAPITAL WORKS AND SERVICES: The sum of $36,375,000 is hereby appropriated to the Minister for Juvenile Justice and Minister for Western Sydney for the capital works and services of the following:
  
$,000
01.
Department of Juvenile Justice
36,375
 
Total, Capital Works and Services
36,375
   
16   Minister for Mineral Resources
(1)  RECURRENT SERVICES: The sum of $34,065,000 is hereby appropriated to the Minister for Mineral Resources for the recurrent services of the following:
  
$,000
01.
Coal Compensation Board
34,065
 
Total, Recurrent Services
34,065
   
(2)  CAPITAL WORKS AND SERVICES: The sum of $90,000 is hereby appropriated to the Minister for Mineral Resources for the capital works and services of the following:
  
$,000
01.
Coal Compensation Board
90
 
Total, Capital Works and Services
90
   
17   Minister for Police
(1)  RECURRENT SERVICES: The sum of $1,654,514,000 is hereby appropriated to the Minister for Police for the recurrent services of the following:
  
$,000
01.
Ministry for Police
11,341
02.
NSW Police
1,619,427
03.
New South Wales Crime Commission
9,053
04.
Police Integrity Commission
14,693
 
Total, Recurrent Services
1,654,514
   
(2)  CAPITAL WORKS AND SERVICES: The sum of $79,891,000 is hereby appropriated to the Minister for Police for the capital works and services of the following:
  
$,000
01.
Ministry for Police
529
02.
NSW Police
77,051
03.
New South Wales Crime Commission
1,611
04.
Police Integrity Commission
700
 
Total, Capital Works and Services
79,891
   
18   Minister for Primary Industries
(1)  RECURRENT SERVICES: The sum of $265,185,000 is hereby appropriated to the Minister for Primary Industries for the recurrent services of the following:
  
$,000
01.
Department of Primary Industries
247,413
02.
Rural Assistance Authority
17,772
 
Total, Recurrent Services
265,185
   
(2)  CAPITAL WORKS AND SERVICES: The sum of $23,013,000 is hereby appropriated to the Minister for Primary Industries for the capital works and services of the following:
  
$,000
01.
Department of Primary Industries
22,963
02.
Rural Assistance Authority
50
 
Total, Capital Works and Services
23,013
   
19   Minister for Roads and Minister for Housing
(1)  RECURRENT SERVICES: The sum of $1,845,300,000 is hereby appropriated to the Minister for Roads and Minister for Housing for the recurrent services of the following:
  
$,000
01.
Roads and Traffic Authority
1,400,219
02.
Payments to Other Government Bodies Under the Control of the Minister
445,081
 
Total, Recurrent Services
1,845,300
   
(2)  CAPITAL WORKS AND SERVICES: The sum of $1,015,172,000 is hereby appropriated to the Minister for Roads and Minister for Housing for the capital works and services of the following:
  
$,000
01.
Roads and Traffic Authority
1,015,172
 
Total, Capital Works and Services
1,015,172
   
20   Minister for Rural Affairs, Minister for Local Government and Minister for Emergency Services
(1)  RECURRENT SERVICES: The sum of $559,835,000 is hereby appropriated to the Minister for Rural Affairs, Minister for Local Government and Minister for Emergency Services for the recurrent services of the following:
  
$,000
01.
Department of Local Government
84,225
02.
New South Wales Fire Brigades
421,062
03.
Department of Rural Fire Service
32,974
04.
State Emergency Service
21,574
 
Total, Recurrent Services
559,835
   
(2)  CAPITAL WORKS AND SERVICES: The sum of $18,792,000 is hereby appropriated to the Minister for Rural Affairs, Minister for Local Government and Minister for Emergency Services for the capital works and services of the following:
  
$,000
01.
Department of Local Government
150
02.
New South Wales Fire Brigades
14,964
03.
State Emergency Service
3,678
 
Total, Capital Works and Services
18,792
   
21   Special Minister of State, Minister for Commerce, Minister for Industrial Relations and Minister for the Central Coast
(1)  RECURRENT SERVICES: The sum of $174,354,000 is hereby appropriated to the Special Minister of State, Minister for Commerce, Minister for Industrial Relations and Minister for the Central Coast for the recurrent services of the following:
  
$,000
01.
Department of Commerce
174,354
 
Total, Recurrent Services
174,354
   
(2)  CAPITAL WORKS AND SERVICES: The sum of $19,255,000 is hereby appropriated to the Special Minister of State, Minister for Commerce, Minister for Industrial Relations and Minister for the Central Coast for the capital works and services of the following:
  
$,000
01.
Department of Commerce
19,255
 
Total, Capital Works and Services
19,255
   
22   Minister for Tourism and Sport and Recreation and Minister for Women
(1)  RECURRENT SERVICES: The sum of $133,000,000 is hereby appropriated to the Minister for Tourism and Sport and Recreation and Minister for Women for the recurrent services of the following:
  
$,000
01.
Department of Tourism, Sport and Recreation
92,521
02.
Sydney Olympic Park Authority
38,205
03.
Centennial Park and Moore Park Trust
2,274
 
Total, Recurrent Services
133,000
   
(2)  CAPITAL WORKS AND SERVICES: The sum of $27,681,000 is hereby appropriated to the Minister for Tourism and Sport and Recreation and Minister for Women for the capital works and services of the following:
  
$,000
01.
Department of Tourism, Sport and Recreation
9,988
02.
Sydney Olympic Park Authority
9,778
03.
Centennial Park and Moore Park Trust
7,915
 
Total, Capital Works and Services
27,681
   
23   Minister for Transport Services and Minister for the Hunter
(1)  RECURRENT SERVICES: The sum of $2,607,938,000 is hereby appropriated to the Minister for Transport Services and Minister for the Hunter for the recurrent services of the following:
  
$,000
01.
Ministry of Transport
2,592,265
02.
Independent Transport Safety and Reliability Regulator
15,673
 
Total, Recurrent Services
2,607,938
   
(2)  CAPITAL WORKS AND SERVICES: The sum of $16,232,000 is hereby appropriated to the Minister for Transport Services and Minister for the Hunter for the capital works and services of the following:
  
$,000
01.
Ministry of Transport
16,232
 
Total, Capital Works and Services
16,232
   
24   Treasurer and Minister for State Development
(1)  RECURRENT SERVICES: The sum of $4,545,394,000 is hereby appropriated to the Treasurer and Minister for State Development for the recurrent services of the following:
  
$,000
01.
Treasury
399,679
02.
Crown Finance Entity
3,799,226
03.
Advance to the Treasurer
240,000
04.
Department of State and Regional Development
106,489
 
Total, Recurrent Services
4,545,394
   
(2)  CAPITAL WORKS AND SERVICES: The sum of $344,981,000 is hereby appropriated to the Treasurer and Minister for State Development for the capital works and services of the following:
  
$,000
01.
Treasury
18,308
02.
Crown Finance Entity
216,563
03.
Advance to the Treasurer
110,000
04.
Department of State and Regional Development
110
 
Total, Capital Works and Services
344,981
   
Part 3 Additional appropriation for health related services
25   Additional appropriation from Consolidated Fund 2004–05 for recurrent services
(1)  Out of the Consolidated Fund there is hereby appropriated the sum identified in section 26, to the Minister specified in relation to that sum, for recurrent services, which sum may be issued and applied for or towards the use and purpose expressed in that section for the recurrent services of the Government for the year 2004–05.
(2)  The total sum appropriated out of the Consolidated Fund in accordance with the provisions of this Part is the sum of $46,000,000.
(3)  The sum appropriated by this Part is in addition to any other sum appropriated by this Act for recurrent services.
(4)  Any amounts expended for recurrent services under section 25 of the Public Finance and Audit Act 1983 or any Supply Act on or after 1 July 2004 and before the date of assent to this Act are taken to have been expended out of such of the sum for recurrent services set out in section 26 as may be determined by the Treasurer.
26   Special appropriation to Minister for Health—additional revenue from gaming machine taxes
RECURRENT SERVICES: The sum of $46,000,000 is hereby appropriated to the Minister for Health for the recurrent services of the following:
  
$,000
01.
Department of Health
46,000
 
Total, Recurrent Services
46,000
   
Note—
This Part allocates the additional revenue raised in connection with changes to gaming machine taxes to the Minister for Health for spending on recurrent health related services.
See also the Appropriation (Health Super-Growth Fund) Act 2003. That Act requires the income from the investment of the sum appropriated by that Act to be paid into the Health Super-Growth Fund and applied for or towards public health capital works and services. It is estimated that $23,000,000 in income will be paid into the Fund in the year 2004–05 and available for expenditure on public health capital works and services.
Part 4 General
27   Variation of authorised payments from Consolidated Fund
(1)  In this section, purpose means a purpose specified in Part 2 or 3 in relation to a Minister to which a sum is appropriated for recurrent services or for capital works and services.
(2)  Payment of a sum appropriated under Part 2 or 3 for a purpose may not be made in excess of the sum specified for the purpose or, if the same purpose is specified in Parts 2 and 3, the total sum specified for that purpose, except as provided by this section or Division 4 of Part 2 of the Public Finance and Audit Act 1983.
(3)  If the exigencies of government so require, the Treasurer may authorise the payment of a sum in excess of the sum or total sum specified for a purpose, but only if an equivalent sum is not paid out for another purpose, whether the other purpose is specified in relation to the same or a different Minister, subject to subsections (4) and (5).
(4)  A sum appropriated for recurrent services may only be paid out for recurrent services and a sum appropriated for capital works and services may only be paid out for capital works and services.
(5)  A sum appropriated under Part 3 may only be paid out for a purpose specified in Part 3.
(6)  This section does not apply to sums appropriated by another Act.
(7)  This section does not enable the Treasurer to authorise the payment of a sum in augmentation of, or as an addition to, any salary or wages the amount of which has been fixed by law.
(8)  The Treasurer is to inform the Auditor-General of every authorisation given under this section.
28   Appointment of person to carry out the functions of the Treasurer under section 27
(1)  The Treasurer may appoint a person to carry out the Treasurer’s functions under section 27.
(2)  Any such appointment is subject to such conditions (if any) as the Treasurer determines.
(3)  The Treasurer may revoke any such appointment at any time.
(4)  A person appointed under this section has, in place of the Treasurer, the Treasurer’s function under section 27 (8) of informing the Auditor-General of every authorisation given by the person under section 27.
29   Delayed restructures
(1)  Without limiting section 27, if the responsibility for a service or function for which an appropriation is made in this Act is transferred after 1 July 2004 because of the determination made before that date by the Premier to create new ministries, or to change or abolish existing ministries, and consequently to create, restructure or abolish any authority, the appropriation does not lapse and may be issued and applied, in accordance with such determination as may be made by the Treasurer, for or towards the service or function the responsibility for which is transferred.
(2)  Section 24 of the Public Finance and Audit Act 1983 does not apply to or in respect of an appropriation, service or function to which this section applies.