Appropriation (Budget Variations) Act 2012 No 50

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

Part 1 Preliminary

1 Name of Act

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

2 Commencement

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

3 Interpretation

In this Act, a reference to:

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

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

Part 2 Budget variations 2011–12

4 Adjustment of “Advance to the Treasurer”, 2011–12

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

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

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

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

6 General appropriation from Consolidated Fund 2011–12

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

Part 3 Budget variations 2010–11 (not previously reported)

7 Adjustment of “Advance to the Treasurer”, 2010–11

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

Part 4 General

8 Additional appropriations

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

9 Operation of Act in relation to budget variations

(1)  This Act:

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

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

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

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

10 Validation of expenditure

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

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

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

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

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

11 References to agencies

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

Schedule 1 Payments during 2011–12

(Sections 4–6)

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

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

(Section 7)

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