An Act to appropriate out of the Consolidated Fund sums for the services of the Government for the year 2022–23 and to make an additional appropriation to give effect to budget variations for the year 2021–22.
Part 1 Preliminary
1 Name of Act
This Act is the Appropriation Act 2022.
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.year 2022–23 means the year from 1 July 2022 to 30 June 2023.
Part 2 Appropriations—Departments
Note—
The total amount appropriated out of the Consolidated Fund for services for the year 2022–23 in accordance with this Part is $118,379,244,000.
Division 1 Customer Service
4 Department of Customer Service
This Act appropriates the sum of $3,053,934,000 to the Minister for Customer Service and Digital Government out of the Consolidated Fund for the services of the Department of Customer Service for the year 2022–23.Note—The appropriation will fund services, disaggregated across State outcomes as follows—
$,000
$,000
5 Digital Restart Fund
This Act appropriates the sum of $614,000,000 to the Minister for Customer Service and Digital Government 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 $66,153,000 to the Minister for Customer Service and Digital Government 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 $22,508,149,000 to the Minister for Education and Early Learning out of the Consolidated Fund for the services of the Department of Education for the year 2022–23.Note—The appropriation will fund services, disaggregated across State outcomes as follows—
$,000
$,000
Division 3 Enterprise, Investment and Trade
8 Department of Enterprise, Investment and Trade
This Act appropriates the sum of $3,405,525,000 to the Minister for Enterprise, Investment and Trade out of the Consolidated Fund for the services of the Department of Enterprise, Investment and Trade for the year 2022–23.Note—The appropriations under this section will fund services, disaggregated across State outcomes as follows—
$,000
$,000
Division 4 Health
9 Ministry of Health
This Act appropriates the sum of $18,224,657,000 to the Minister for Health out of the Consolidated Fund for the services of the Ministry of Health for the year 2022–23.Note—The appropriations under this section and Part 3 will fund services, disaggregated across State outcomes as follows—
$,000
$,000
Division 5 Planning and Environment
10 Department of Planning and Environment
This Act appropriates the sum of $3,889,499,000 to the Minister for Planning out of the Consolidated Fund for the services of the Department of Planning and Environment for the year 2022–23.Note—The appropriation will fund services, disaggregated across State outcomes as follows—
$,000
$,000
Division 6 Premier and Cabinet
11 Department of Premier and Cabinet
This Act appropriates the sum of $417,245,000 to the Premier out of the Consolidated Fund for the services of the Department of Premier and Cabinet for the year 2022–23.Note—The appropriation will fund services, disaggregated across State outcomes as follows—
$,000
$,000
Division 7 Regional NSW
12 Department of Regional NSW
This Act appropriates the sum of $2,379,185,000 to the Deputy Premier out of the Consolidated Fund for the services of the Department of Regional NSW for the year 2022–23.Note—The appropriation will fund services, disaggregated across State outcomes as follows—
$,000
$,000
Division 8 Stronger Communities
13 Department of Communities and Justice
This Act appropriates the sum of $20,533,735,000 to the Attorney General out of the Consolidated Fund for the services of the Department of Communities and Justice for the year 2022–23.Note—The appropriation will fund services, disaggregated across State outcomes as follows—
$,000
$,000
Division 9 Transport and Infrastructure
14 Department of Transport
This Act appropriates the sum of $26,999,950,000 to the Minister for Infrastructure out of the Consolidated Fund for the services of the Department of Transport for the year 2022–23.Note—The appropriation will fund services, disaggregated across State outcomes as follows—
$,000
$,000
Division 10 Treasury
15 Treasury
This Act appropriates the sum of $1,416,460,000 to the Treasurer out of the Consolidated Fund for the services of Treasury for the year 2022–23.Note—The appropriation will fund services, disaggregated across State outcomes as follows—
$,000
$,000
16 Administered items
This Act appropriates the sum of $13,860,752,000 to the Treasurer out of the Consolidated Fund for the purposes of the activities or services administered by the Treasurer on behalf of the State generally for the year 2022–23.Note—The appropriation will fund services for the following State outcome—
$,000
$,000
17 Appropriation to Treasurer for NSW Generations Fund
This Act appropriates the sum of $500,000,000 to the Treasurer out of the Consolidated Fund for payment into the NSW Generations (Community Services and Facilities) Fund established under the NSW Generations Funds Act 2018.
18 Appropriation to Treasurer for Snowy Hydro Legacy Fund
This Act appropriates the sum of $90,000,000 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.
19 Appropriation to Treasurer for State contingencies
This Act appropriates the sum of $100,000,000 to the Treasurer out of the Consolidated Fund for State contingencies for the year 2022–23.
20 Appropriation to Treasurer relating to integrity agencies
(1) This Act appropriates the sum of $20,000,000 to the Treasurer out of the Consolidated Fund for contingencies in relation to the integrity agencies for the year 2022–23.(2) In this section—integrity agency means each of the following—(a) the Audit Office of NSW,(b) the Independent Commission Against Corruption,(c) the Law Enforcement Conduct Commission,(d) the New South Wales Electoral Commission,(e) the Office of the Ombudsman.
21 Special appropriation to Treasurer for expenditure related to Government’s response to crises
This Act appropriates the sum of $300,000,000 to the Treasurer out of the Consolidated Fund for expenditure related to the Government’s response to public health emergencies and other crises that is not otherwise covered by an appropriation under this Act or the Appropriation (Parliament) Act 2022 for the year 2022–23.
Part 3 Additional appropriation for health related services
22 Special appropriation to Minister for Health—additional revenue from gaming machine taxes
(1) This Act appropriates the sum of $505,207,818 to the Minister for Health out of the Consolidated Fund for the services of the Ministry of Health for the year 2022–23.(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 2022–23 in accordance with this Part is $657,914,000.
23 Independent Pricing and Regulatory Tribunal
This Act appropriates the sum of $38,485,000 to the Minister for Customer Service and Digital Government out of the Consolidated Fund for the services of the Independent Pricing and Regulatory Tribunal for the year 2022–23.Note—The appropriation will fund services for the following State outcome—
$,000
$,000
24 Judicial Commission of New South Wales
This Act appropriates the sum of $6,000,000 to the Attorney General out of the Consolidated Fund for the services of the Judicial Commission of New South Wales for the year 2022–23.Note—The appropriation will fund services for the following State outcome—
$,000
$,000
25 Office of the Children’s Guardian
This Act appropriates the sum of $31,721,000 to the Minister for Families and Communities out of the Consolidated Fund for the services of the Office of the Children’s Guardian for the year 2022–23.Note—The appropriation will fund services for the following State outcome—
$,000
$,000
26 Office of the Director of Public Prosecutions
This Act appropriates the sum of $203,610,000 to the Attorney General out of the Consolidated Fund for the services of the Office of the Director of Public Prosecutions for the year 2022–23.Note—The appropriation will fund services for the following State outcome—
$,000
$,000
27 Independent Commission Against Corruption
This Act appropriates the sum of $35,197,000 to the Premier out of the Consolidated Fund for the services of the Independent Commission Against Corruption for the year 2022–23.Note—The appropriation will fund services for the following State outcome—
$,000
$,000
28 Law Enforcement Conduct Commission
This Act appropriates the sum of $24,129,000 to the Premier out of the Consolidated Fund for the services of the Law Enforcement Conduct Commission for the year 2022–23.Note—The appropriation will fund services for the following State outcome—
$,000
$,000
29 New South Wales Electoral Commission
This Act appropriates the sum of $241,779,000 to the Premier out of the Consolidated Fund for the services of the New South Wales Electoral Commission for the year 2022–23.Note—The appropriation will fund services for the following State outcome—
$,000
$,000
30 Office of the Ombudsman
This Act appropriates the sum of $43,869,000 to the Premier out of the Consolidated Fund for the services of the Office of the Ombudsman for the year 2022–23.Note—The appropriation will fund services for the following State outcome—
$,000
$,000
31 Public Service Commission
This Act appropriates the sum of $33,124,000 to the Premier out of the Consolidated Fund for the services of the Public Service Commission for the year 2022–23.Note—The appropriation will fund services for the following State outcome—
$,000
$,000
Part 5 Commonwealth transfer payments
32 Appropriation for Commonwealth transfer payments
(1) This Act appropriates the sum of $5,196,600,000 to the Treasurer out of the Consolidated Fund for Commonwealth transfer payments to non-government schools and local government for services for the year 2022–23.(2) The sum appropriated is in addition to any other sum appropriated by this Act.(3) The sum appropriated is subject to the Government Sector Finance Act 2018, section 4.11.
Part 6 Variations to authorised payments
33 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 2022–23 if the sum is more than the sum appropriated for the purpose by this Act or the Appropriation (Parliament) Act 2022.(2) Subsection (1) does not limit a payment authorised by—(a) this Part, or(b) the Government Sector Finance Act 2018, Part 4.
34 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.
35 Variations—State contingencies
The Treasurer may authorise the payment of a sum appropriated for a purpose by this Act or the Appropriation (Parliament) Act 2022 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 19.
36 Variations—contingencies relating to integrity agencies
(1) The Treasurer may authorise the payment of a sum appropriated by this Act for a purpose specified in Part 4 for an integrity agency other than the Audit Office of NSW that is more than the sum specified for the purpose if—(a) the Treasurer is of the opinion that—(i) the sum appropriated for the purpose is insufficient to enable the purpose to be effectively and efficiently carried out, and(ii) the additional sum is reasonably necessary for the integrity agency to effectively and efficiently carry out the purpose, and(b) an equivalent sum is not paid out from the sum appropriated to the Treasurer by section 20.(2) The Treasurer may authorise the payment of a sum from the sum appropriated to the Treasurer by section 20 to the Audit Office of NSW for the services of the Office if the Treasurer is of the opinion that the sum is reasonably necessary for the Office to effectively and efficiently carry out its functions and provide its services.(3) In this section—integrity agency has the same meaning as in section 20(2).
37 Variations—Government’s response to crises
The Treasurer may authorise the payment of a sum appropriated for a purpose by this Act or the Appropriation (Parliament) Act 2022 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 Government’s response to a public health emergency or other crisis, and(b) an equivalent sum is not paid out from the sum appropriated to the Treasurer by section 21.
38 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.
39 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.
40 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
41 Delayed restructures
(1) An appropriation made in this Act for a service does not lapse and may be applied for or towards the service after the responsibility for the service is transferred if—(a) the transfer occurs on or after the date the Bill for this Act is introduced in the Legislative Assembly, and(b) the transfer occurs because of a determination made by the Premier before 1 July 2022 to create new ministries, or to change or abolish existing ministries, and consequently to create, restructure or abolish an authority, and(c) the appropriation is applied for or towards the service in accordance with an applicable determination as may be made by the Treasurer.(2) A determination made by the Treasurer under subsection(1)(c)—(a) may extend to the application of the appropriation before the determination is made, and(b) operates to validate that application.(3) This section does not limit a payment authorised by Part 6.(4) The Government Sector Finance Act 2018, section 4.9 does not apply in relation to an appropriation or service to which this section applies.
42 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 40 of informing the Auditor-General of every authorisation given by the person under Part 6.
43 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 34(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.
44 Budget-related information
(1) Budget-related information—(a) does not form part of this Act, and(b) does not affect the application of an 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 2022.
45 Payments authorised on lapse of appropriation
(1) This section applies only if this Act is assented to after 1 July 2022.(2) 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 the Government Sector Finance Act 2018, section 4.10, and(b) was paid on or after 1 July 2022 and before the date of assent to this Act.
Part 8 Budget variations for the year 2021–22
46 Payments made during 2021–22 under section 4.13 of Government Sector Finance Act 2018
(1) This Act appropriates the sum of $17,795,427,000 out of the Consolidated Fund for the exigencies of Government during the year 2021–22—(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 the Government Sector Finance Act 2018, section 4.13.(2) The sum appropriated is in addition to any other sums that may have been appropriated to the Treasurer for the year 2021–22.
47 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 2021–22, is to be construed as if it—(a) formed part of the annual Appropriation Act for the year 2021–22, 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 2021–22
section 46
Payments made under the Government Sector Finance Act 2018, section 4.13 | Amount $,000 |
Attorney General | |
Department of Communities and Justice | |
Authorised s4.13 Exigencies of Government Supplementation – COVID-19 Response | 261,000 |
Authorised s4.13 Exigencies of Government Supplementation – Storms & Floods | 168,800 |
Total—Department of Communities and Justice | 429,800 |
Total—Attorney General | 429,800 |
Deputy Premier | |
Department of Regional NSW | |
Authorised s4.13 Exigencies of Government Supplementation – COVID-19 Response | 67,245 |
Total—Department of Regional NSW | 67,245 |
Total—Deputy Premier | 67,245 |
Minister for Customer Service and Digital Government | |
Department of Customer Service | |
Authorised s4.13 Exigencies of Government Supplementation – COVID-19 Response | 14,347,160 |
Authorised s4.13 Exigencies of Government Supplementation – Storms & Floods | 332,000 |
Total—Department of Customer Service | 14,679,160 |
Total—Minister for Customer Service and Digital Government | 14,679,160 |
Minister for Education and Early Learning | |
Department of Education | |
Authorised s4.13 Exigencies of Government Supplementation – COVID-19 Response | 356,000 |
Total—Department of Education | 356,000 |
Total—Minister for Education and Early Learning | 356,000 |
Minister for Health | |
Ministry of Health | |
Authorised s4.13 Exigencies of Government Supplementation – COVID-19 Response | 1,247,904 |
Total—Ministry of Health | 1,247,904 |
Total—Minister for Health | 1,247,904 |
Minister for Planning | |
Department of Planning and Environment | |
Authorised s4.13 Exigencies of Government Supplementation – COVID-19 Response | 134,800 |
Authorised s4.13 Exigencies of Government Supplementation – Storms & Floods | 28,000 |
Total—Department of Planning and Environment | 162,800 |
Total—Minister for Planning | 162,800 |
Premier | |
Department of Premier and Cabinet | |
Authorised s4.13 Exigencies of Government Supplementation – COVID-19 Response | 329,198 |
Total—Department of Premier and Cabinet | 329,198 |
New South Wales Electoral Commission | |
Authorised s4.13 Exigencies of Government Supplementation – COVID-19 Response | 29,120 |
Total—New South Wales Electoral Commission | 29,120 |
Total—Premier | 358,318 |
Treasurer | |
Treasury | |
Authorised s4.13 Exigencies of Government Supplementation – COVID-19 Response | 7,000 |
Total—Treasury | 7,000 |
Administered items | |
Authorised s4.13 Exigencies of Government Supplementation – COVID-19 Response | 487,200 |
Total—Administered items | 487,200 |
Total—Treasurer | 494,200 |
Total—all payments | 17,795,427 |