An Act to appropriate out of the Consolidated Fund sums for the services of the Government for the year 2020–21 and to make an additional appropriation to give effect to budget variations for the year 2019–20.
Part 1 Preliminary
1 Name of Act
This Act is the Appropriation Act 2020.
2 Commencement
This Act commences on the date of assent to this Act.
3 Definitions
In this Act—services includes the following—(a) recurrent services,(b) capital works and services,(c) repayment of debt.2019–20 means the year from 1 July 2019 to 30 June 2020.2020–21 means the year from 1 July 2020 to 30 June 2021.
Part 2 Appropriations—Departments
Note—
The total amount appropriated out of the Consolidated Fund for services for the year 2020–21 in accordance with this Part is $103,213,970,000.
Division 1 Customer Service
4 Department of Customer Service
This Act appropriates the sum of $1,426,426,000 to the Minister for Customer Service out of the Consolidated Fund for the services of the Department of Customer Service for the year 2020–21.Note—The appropriation will fund services, disaggregated across State outcomes as follows—
$,000
$,000
5 Digital Restart Fund
This Act appropriates the sum of $413,000,000 to the Minister for Customer Service out of the Consolidated Fund for payment into the Digital Restart Fund established under the Digital Restart Fund Act 2020.
6 Rental Bond Interest Account
This Act appropriates the sum of $62,038,000 to the Minister for Customer Service out of the Consolidated Fund for payment into the Rental Bond Interest Account established under the Residential Tenancies Act 2010.
Division 2 Education
7 Department of Education
This Act appropriates the sum of $20,025,812,000 to the Minister for Education and Early Childhood Learning out of the Consolidated Fund for the services of the Department of Education for the year 2020–21.Note—The appropriation will fund services, disaggregated across State outcomes as follows—
$,000
$,000
Division 3 Health
8 Ministry of Health
This Act appropriates the sum of $15,296,171,000 to the Minister for Health and Medical Research out of the Consolidated Fund for the services of the Ministry of Health for the year 2020–21.Note—The appropriations under this section and Part 3 will fund services, disaggregated across State outcomes as follows—
$,000
$,000
Division 4 Planning, Industry and Environment
9 Department of Planning, Industry and Environment
This Act appropriates the sum of $3,680,784,000 to the Minister for Planning and Public Spaces out of the Consolidated Fund for the services of the Department of Planning, Industry and Environment for the year 2020–21.Note—The appropriation will fund services, disaggregated across State outcomes as follows—
$,000
$,000
Division 5 Premier and Cabinet
10 Department of Premier and Cabinet
This Act appropriates the sum of $3,342,301,000 to the Premier out of the Consolidated Fund for the services of the Department of Premier and Cabinet for the year 2020–21.Note—The appropriation will fund services, disaggregated across State outcomes as follows—
$,000
$,000
Division 6 Regional NSW
11 Regional NSW
This Act appropriates the sum of $1,420,162,000 to the Deputy Premier, Minister for Regional New South Wales, Industry and Trade out of the Consolidated Fund for the services of Regional NSW for the year 2020–21.Note—The appropriation will fund services, disaggregated across State outcomes as follows—
$,000
$,000
Division 7 Stronger Communities
12 Department of Communities and Justice
This Act appropriates the sum of $16,671,184,000 to the Attorney General, and Minister for the Prevention of Domestic Violence out of the Consolidated Fund for the services of the Department of Communities and Justice for the year 2020–21.Note—The appropriation will fund services, disaggregated across State outcomes as follows—
$,000
$,000
Division 8 Transport
13 Transport for NSW
(1) This Act appropriates the sum of $20,343,553,000 to the Minister for Transport and Roads out of the Consolidated Fund for the services of Transport for NSW for the year 2020–21.Note—The appropriation will fund services, disaggregated across State outcomes as follows—
$,000
$,000
Division 9 Treasury
14 The Treasury
This Act appropriates the sum of $1,855,379,000 to the Treasurer out of the Consolidated Fund for the services of The Treasury for the year 2020–21.Note—The appropriation will fund services, disaggregated across State outcomes as follows—
$,000
$,000
15 Crown Finance Entity
This Act appropriates the sum of $13,070,885,000 to the Treasurer out of the Consolidated Fund for the services of the Crown Finance Entity for the year 2020–21.Note—The appropriation will fund services for the following State outcome—
$,000
$,000
16 Appropriation to Treasurer for NSW Generations Fund
This Act appropriates the sum of $2,017,094,000 to the Treasurer out of the Consolidated Fund for payment into the NSW Generations (Debt Retirement) Fund established under the NSW Generations Funds Act 2018.
17 Appropriation to Treasurer for Snowy Hydro Legacy Fund
This Act appropriates the sum of $2,000,000,000 to the Treasurer out of the Consolidated Fund for payment into the Snowy Hydro Legacy Fund established under the Snowy Hydro Legacy Fund Act 2018.
18 Appropriation to Treasurer for State contingencies
This Act appropriates the sum of $120,000,000 to the Treasurer out of the Consolidated Fund for State contingencies for the year 2020–21.
19 Special appropriation to Treasurer for COVID-19 related expenses and inflation
This Act appropriates the sum of $1,469,181,000 to the Treasurer out of the Consolidated Fund for the following expenditure that is not otherwise covered by an appropriation under this Act or the Appropriation (Parliament) Act 2020 for the year 2020–21—(a) expenditure related to the COVID-19 pandemic,(b) expenditure related to inflation.
Part 3 Additional appropriation for health related services
20 Special appropriation to Minister for Health and Medical Research—additional revenue from gaming machine taxes
(1) This Act appropriates the sum of $443,832,137 to the Minister for Health and Medical Research out of the Consolidated Fund for the services of the Ministry of Health for the year 2020–21.(2) The sum appropriated is in addition to any other sum appropriated by this Act.
Part 4 Appropriations—Special Offices
Note—
The total amount appropriated out of the Consolidated Fund for services for the year 2020–21 in accordance with this Part is $497,588,000.
21 Independent Pricing and Regulatory Tribunal
This Act appropriates the sum of $28,474,000 to the Minister for Customer Service out of the Consolidated Fund for the services of the Independent Pricing and Regulatory Tribunal for the year 2020–21.Note—The appropriation will fund services for the following State outcome—
$,000
$,000
22 Judicial Commission of New South Wales
This Act appropriates the sum of $5,260,000 to the Attorney General, and Minister for the Prevention of Domestic Violence out of the Consolidated Fund for the services of the Judicial Commission of New South Wales for the year 2020–21.Note—The appropriation will fund services for the following State outcome—
$,000
$,000
23 Office of the Children’s Guardian
This Act appropriates the sum of $26,109,000 to the Minister for Families, Communities and Disability Services out of the Consolidated Fund for the services of the Office of the Children’s Guardian for the year 2020–21.Note—The appropriation will fund services for the following State outcome—
$,000
$,000
24 Office of the Director of Public Prosecutions
This Act appropriates the sum of $162,215,000 to the Attorney General, and Minister for the Prevention of Domestic Violence out of the Consolidated Fund for the services of the Office of the Director of Public Prosecutions for the year 2020–21.Note—The appropriation will fund services for the following State outcome—
$,000
$,000
25 Independent Commission Against Corruption
This Act appropriates the sum of $30,814,000 to the Premier out of the Consolidated Fund for the services of the Independent Commission Against Corruption for the year 2020–21.Note—The appropriation will fund services for the following State outcome—
$,000
$,000
26 Law Enforcement Conduct Commission
This Act appropriates the sum of $22,736,000 to the Premier out of the Consolidated Fund for the services of the Law Enforcement Conduct Commission for the year 2020–21.Note—The appropriation will fund services for the following State outcome—
$,000
$,000
27 New South Wales Electoral Commission
This Act appropriates the sum of $161,916,000 to the Premier out of the Consolidated Fund for the services of the New South Wales Electoral Commission for the year 2020–21.Note—The appropriation will fund services for the following State outcome—
$,000
$,000
28 Ombudsman’s Office
This Act appropriates the sum of $26,457,000 to the Premier out of the Consolidated Fund for the services of the Ombudsman’s Office for the year 2020–21.Note—The appropriation will fund services for the following State outcome—
$,000
$,000
29 Public Service Commission
This Act appropriates the sum of $33,607,000 to the Premier out of the Consolidated Fund for the services of the Public Service Commission for the year 2020–21.Note—The appropriation will fund services for the following State outcome—
$,000
$,000
Part 5 Commonwealth transfer payments
30 Appropriation for Commonwealth transfer payments
(1) This Act appropriates the sum of $4,311,000,000 to the Treasurer out of the Consolidated Fund, for Commonwealth transfer payments to non-government schools and local government for services for the year 2020–21.(2) The sum appropriated is in addition to any other sum appropriated by this Act.(3) The sum appropriated is subject to section 4.11 of the Government Sector Finance Act 2018.
Part 6 Variations to authorised payments
31 Payments not to be in excess of sums specified
(1) Payment of a sum must not be made from the Consolidated Fund for a purpose for the year 2020–21 if the sum is more than the sum appropriated for the purpose by this Act or the Appropriation (Parliament) Act 2020.(2) Subsection (1) does not limit a payment authorised by—(a) this Part, or(b) Part 4 of the Government Sector Finance Act 2018.
32 Variations—exigencies of government and appropriations insufficient for purpose
(1) The Treasurer may authorise the payment of a sum appropriated by this Act for a purpose that is more than the sum specified for the purpose if—(a) the Treasurer is of the opinion that the exigencies of government require the payment, and(b) 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.(2) The Treasurer may authorise the payment of a sum appropriated by this Act for a purpose that is more than the sum specified for the purpose if—(a) the Treasurer is of the opinion that the sum appropriated for the purpose is insufficient to enable the purpose to be effectively and efficiently carried out, and(b) an equivalent sum is identified as surplus to another purpose by the Minister in relation to whom the other purpose is specified, whether the other purpose is specified in relation to the same or a different Minister, and(c) the equivalent sum is not paid out for the other purpose.(3) The Treasurer must not, under this section, authorise the payment of a sum appropriated under a Part of this Act to be paid out for a purpose other than a purpose specified in that Part.
33 Variations—State contingencies
The Treasurer may authorise the payment of a sum appropriated for a purpose by this Act or the Appropriation (Parliament) Act 2020 that is more than the sum specified for the purpose if—(a) the Treasurer is of the opinion that the additional sum is reasonably necessary because of a State contingency, and(b) an equivalent sum is not paid out from the sum appropriated to the Treasurer by section 18.
34 Variations—COVID-19 pandemic and inflation
(1) The Treasurer may authorise the payment of a sum appropriated for a purpose by this Act or the Appropriation (Parliament) Act 2020 that is more than the sum specified for the purpose if—(a) the Treasurer is of the opinion that the additional sum is reasonably necessary because of expenditure related to the COVID-19 pandemic or inflation, and(b) an equivalent sum is not paid out from the sum appropriated to the Treasurer by section 19.
35 Treasurer must not increase fixed salary or wages
The Treasurer must not authorise the payment of a sum under this Part that increases salary or wages if the amount of the salary or wages is fixed by law.
36 Part does not apply to sums appropriated by another Act
This Part does not apply to sums appropriated by another Act except as otherwise provided in this Part.
37 Treasurer is to inform Auditor-General of authorisations
(1) The Treasurer is to inform the Auditor-General of every authorisation given under this Part.(2) An authorisation under this Part may be given before or after the payment is made.
Part 7 General
38 Appointment of person to carry out functions of Treasurer under Part 6
(1) The Treasurer may appoint a person to carry out the Treasurer’s functions under Part 6.(2) The appointment is subject to the conditions, if any, that the Treasurer decides.(3) The Treasurer may revoke the appointment at any time.(4) A person appointed under this section has, in place of the Treasurer, the Treasurer’s function under section 37 of informing the Auditor-General of every authorisation given by the person under Part 6.
39 Appointment of accountable authority to identify surplus
(1) A Minister may appoint the accountable authority for a GSF agency for which the Minister is the responsible Minister to carry out the Minister’s functions under section 32(2)(b).(2) The appointment is subject to the conditions, if any, that the Minister determines.(3) The Minister may revoke the appointment at any time.(4) In this section—, for a GSF agency, has the same meaning as in the Government Sector Finance Act 2018.GSF agency has the same meaning as in the Government Sector Finance Act 2018.
40 Budget related information
(1) Budget related information—(a) does not form part of this Act, and(b) does not affect the application of any amount appropriated by this Act.(2) In this section—means—(a) notes included in this Act relating to expenses and capital expenditure, and(b) Budget Papers of the Government tabled in Parliament in connection with the Bill for this Act.this Act includes the Appropriation (Parliament) Act 2020.
41 Payments authorised on lapse of appropriation
An amount is taken to have been expended out of a sum appropriated for a purpose by this Act if the amount—(a) was paid for the purpose out of the Consolidated Fund under section 4.10 of the Government Sector Finance Act 2018, and(b) was paid on or after 1 July 2020 and before the date of assent to this Act.
Part 8 Budget variations for the year 2019–20
42 Payments made during 2019–20 under section 4.13 of Government Sector Finance Act 2018
(1) This Act appropriates the sum of $5,235,633,000 out of the Consolidated Fund for the exigencies of Government during the year 2019–20—(a) being the total of the sums specified in Schedule 1 to provide for the payments specified in relation to those sums, and(b) made in anticipation of appropriation by Parliament under section 4.13 of the Government Sector Finance Act 2018.(2) The sum appropriated is in addition to any other sums that may have been appropriated to the Treasurer for the year 2019–20.
43 Operation of budget variations and validation of expenditure
(1) This Act, to the extent that it appropriates an amount for, and gives effect to, the budget variations for the year 2019–20, is to be construed as if it—(a) formed part of the annual Appropriation Act for the year 2019–20, and(b) commenced at the start of that year.(2) The following are validated, despite occurring before the date of assent to this Act—(a) the payment out of the Consolidated Fund of a sum appropriated under this Part,(b) the approval of the expenditure of a sum appropriated under this Part,(c) the expenditure of a sum appropriated under this Part.(3) This section applies to part of a sum appropriated under this Act in the same way as it applies to the whole of the sum.
Schedule 1 Payments during 2019–20
section 42
Payments made under section 4.13 of the Government Sector Finance Act 2018 | Amount $,000 |
Attorney General, and Minister for the Prevention of Domestic Violence | |
Department of Communities and Justice | |
Bushfire response | 872,000 |
COVID-19 response | 123,658 |
Total—Department of Communities and Justice | 995,658 |
Total—Attorney General, and Minister for the Prevention of Domestic Violence | 995,658 |
Minister for Customer Service | |
Department of Customer Service | |
COVID-19 response | 318,592 |
Total—Department of Customer Service | 318,592 |
Total—Minister for Customer Service | 318,592 |
Minister for Education and Early Childhood Learning | |
Department of Education | |
COVID-19 response | 98,400 |
Bushfire response | 5,000 |
Total—Department of Education | 103,400 |
Total—Minister for Education and Early Childhood Learning | 103,400 |
Minister for Health and Medical Research | |
Ministry of Health | |
COVID-19 response | 859,800 |
Total—Ministry of Health | 859,800 |
Total—Minister for Health and Medical Research | 859,800 |
Minister for Planning and Public Spaces | |
Department of Planning, Industry and Environment | |
COVID-19 response | 180,770 |
Digital access improvement to planning services across NSW | 2,500 |
Total—Department of Planning, Industry and Environment | 183,270 |
Total—Minister for Planning and Public Spaces | 183,270 |
Deputy Premier, Minister for Regional New South Wales, Industry and Trade | |
Regional NSW | |
COVID-19 response | 4,700 |
Bushfire response | 3,000 |
Total—Regional NSW | 7,700 |
Total—Deputy Premier, Minister for Regional NSW, Industry and Trade | 7,700 |
Minister for Transport and Roads | |
Transport for NSW | |
COVID-19 response | 128,810 |
Total—Transport for NSW | 128,810 |
Total—Minister for Transport and Roads | 128,810 |
Premier | |
Department of Premier and Cabinet | |
Bushfire response | 349,000 |
COVID-19 response | 4,800 |
Total—Department of Premier and Cabinet | 353,800 |
Ombudsman’s Office | |
COVID-19 response | 303 |
Total—Ombudsman’s Office | 303 |
Total—Premier | 354,103 |
Treasurer | |
Appropriation to the Treasurer for State contingencies | |
COVID-19 response | 1,485,300 |
Total—Appropriation to the Treasurer for State contingencies | 1,485,300 |
Crown Finance Entity | |
Bushfire response | 46,000 |
COVID-19 response | 2,000 |
Total—Crown Finance Entity | 48,000 |
Treasury | |
COVID-19 response | 751,000 |
Total—Treasury | 751,000 |
Total—Treasurer | 2,284,300 |
Total—all payments | 5,235,633 |