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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Appropriation (Special Offices)
Bill 2010
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
This Bill is cognate with the Appropriation Bill 2010.
Overview of Bill
The object of this Bill is to appropriate out of the Consolidated Fund the following
sums for the recurrent services and capital works and services for the year 2010-11
of the offices specified:
Recurrent Capital Works
Services and Services
Independent Commission Against Corruption $17,986,000 $240,000
Ombudsman's Office $21,460,000 $314,000
New South Wales Electoral Commission $58,447,000 $6,937,000
Office of the Director of Public Prosecutions $88,459,000 $1,548,000
b2010-044-33.d06
Appropriation (Special Offices) Bill 2010
Explanatory note
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on 1 July 2010.
Clause 3 makes provision for interpretation of references to the 2010-11 financial
year and other matters of interpretation.
Clause 4 is an interpretive provision relating to net cost of services and capital
expenditure information included in the proposed Act.
Clauses 5-10 provide for the appropriations for the year 2010-11 in respect of the
offices mentioned in the Overview, in the amounts described in the Overview. The
total amounts appropriated are:
(a) $186,352,000 for recurrent services, and
(b) $9,039,000 for capital works and services.
The clause also contains details, for information only, of the net cost of services and
capital expenditure for the service groups of each of the special offices.
Clause 11 enables the Treasurer to authorise payment for a purpose in excess of the
sum appropriated for the purpose, in specified circumstances.
Clause 12 allows that function to be delegated by the Treasurer.
Clause 13 mirrors a provision that is contained in the Appropriation Bill 2010 that
allows the Treasurer to apply an appropriation differently in the event that
responsibility for a service or function is transferred.
Explanatory note page 2
First print
New South Wales
Appropriation (Special Offices)
Bill 2010
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Interpretation 2
4 Net cost of services and capital expenditure information 2
5 Appropriation from Consolidated Fund 2010-11 for
recurrent services of certain offices 2
6 Appropriation from Consolidated Fund 2010-11 for
capital works and services of certain offices 3
7 Independent Commission Against Corruption 3
8 Ombudsman's Office 4
9 New South Wales Electoral Commission 5
10 Office of the Director of Public Prosecutions 5
11 Variation of authorised payments from Consolidated Fund 6
12 Appointment of person to carry out the functions of the
Treasurer under section 11 7
13 Delayed restructures 7
b2010-044-33.d06
New South Wales
Appropriation (Special Offices)
Bill 2010
No , 2010
A Bill for
An Act to appropriate out of the Consolidated Fund sums for the recurrent services
and capital works and services of certain offices for the year 2010-11.
Clause 1 Appropriation (Special Offices) Bill 2010
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Appropriation (Special Offices) Act 2010.
2 Commencement
This Act commences or is taken to have commenced on 1 July 2010.
3 Interpretation
(1) In this Act, a reference to the year 2010-11 is a reference to the year
from 1 July 2010 to 30 June 2011.
(2) A reference in the Public Finance and Audit Act 1983 to an or the
Appropriation Act includes a reference to this Act.
4 Net cost of services and capital expenditure information
(1) A note included in this Act that is described as "Net cost of services"
sets out the net cost of services for the recurrent services of the agency
for which an appropriation is made by this Act, disaggregated across the
relevant service groups and Ministers to whom the agency is
responsible.
(2) A note included in this Act that is described as "Capital expenditure"
sets out the expenditure on capital works and services of the agency for
which an appropriation is made by this Act, disaggregated across the
relevant service groups and Ministers to whom the agency is
responsible.
(3) A note referred to in subsection (1) or (2) is included for information
only and does not form part of this Act.
5 Appropriation from Consolidated Fund 2010-11 for recurrent services of
certain offices
(1) Out of the Consolidated Fund there are hereby appropriated the sums
identified in sections 7-10, 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 recurrent
services for the year 2010-11.
(2) The total sum appropriated out of the Consolidated Fund for recurrent
services for the year 2010-11, in accordance with the provisions of
sections 7-10, is the sum of $186,352,000.
Page 2
Appropriation (Special Offices) Bill 2010 Clause 6
(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 2010 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 7-10, as may be determined by the Treasurer.
6 Appropriation from Consolidated Fund 2010-11 for capital works and
services of certain offices
(1) Out of the Consolidated Fund there are hereby appropriated the sums
identified in sections 7-10, 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 2010-11.
(2) The total sum appropriated out of the Consolidated Fund for capital
works and services for the year 2010-11, in accordance with the
provisions of sections 7-10, is the sum of $9,039,000.
(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 2010 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 7-10, as may be determined by the Treasurer.
7 Independent Commission Against Corruption
(1) Recurrent appropriation
The sum of $17,986,000 is appropriated to the Premier and Minister for
Redfern Waterloo for the recurrent services of the Independent
Commission Against Corruption.
Note (net cost of services): This recurrent appropriation will fund net cost of
services of $19,311,000, as follows:
Premier
$,000
01 Corruption Investigation, Prevention, Research and 19,311
Education
Page 3
Clause 8 Appropriation (Special Offices) Bill 2010
(2) Capital appropriation
The sum of $240,000 is appropriated to the Premier and Minister for
Redfern Waterloo for the capital works and services of the Independent
Commission Against Corruption.
Note (capital expenditure): This capital appropriation will fund capital
expenditure of $240,000, as follows:
Premier
$,000
01 Corruption Investigation, Prevention, Research and 240
Education
8 Ombudsman's Office
(1) Recurrent appropriation
The sum of $21,460,000 is appropriated to the Premier and Minister for
Redfern Waterloo for the recurrent services of the Ombudsman's
Office.
Note (net cost of services): This recurrent appropriation will fund net cost of
services of $23,085,000, as follows:
Premier
$,000
01 Complaint Resolution, Investigation, Oversight and 23,085
Scrutiny
(2) Capital appropriation
The sum of $314,000 is appropriated to the Premier and Minister for
Redfern Waterloo for the capital works and services of the
Ombudsman's Office.
Note (capital expenditure): This capital appropriation will fund capital
expenditure of $314,000, as follows:
Premier
$,000
01 Complaint Resolution, Investigation, Oversight and 314
Scrutiny
Page 4
Appropriation (Special Offices) Bill 2010 Clause 9
9 New South Wales Electoral Commission
(1) Recurrent appropriation
The sum of $58,447,000 is appropriated to the Premier and Minister for
Redfern Waterloo for the recurrent services of the New South Wales
Electoral Commission.
Note (net cost of services): This recurrent appropriation will fund net cost of
services of $64,249,000, as follows:
Premier
$,000
01 Conduct and Management of Elections 64,249
(2) Capital appropriation
The sum of $6,937,000 is appropriated to the Premier and Minister for
Redfern Waterloo for the capital works and services of the New South
Wales Electoral Commission.
Note (capital expenditure): This capital appropriation will fund capital
expenditure of $6,937,000, as follows:
Premier
$,000
01 Conduct and Management of Elections 6,937
10 Office of the Director of Public Prosecutions
(1) Recurrent appropriation
The sum of $88,459,000 is appropriated to the Attorney General,
Minister for Citizenship and Minister for Regulatory Reform for the
recurrent services of the Office of the Director of Public Prosecutions.
Note (net cost of services): This recurrent appropriation will fund net cost of
services of $99,366,000, disaggregated as follows:
Attorney General
$,000
01 Prosecutions 94,769
02 Victim and Witness Assistance 4,597
Total 99,366
Page 5
Clause 11 Appropriation (Special Offices) Bill 2010
(2) Capital appropriation
The sum of $1,548,000 is appropriated to the Attorney General,
Minister for Citizenship and Minister for Regulatory Reform for the
capital works and services of the Office of the Director of Public
Prosecutions.
Note (capital expenditure): This capital appropriation will fund capital
expenditure of $1,548,000, as follows:
Attorney General
$,000
01 Prosecutions 1,548
11 Variation of authorised payments from Consolidated Fund
(1) In this section, purpose means a purpose, specified in sections 7-10 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 sections 7-10 for a purpose may
not be made in excess of the sum specified for the 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 amount 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 subsection (4).
(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) This section does not apply to sums appropriated by another Act.
(6) 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.
(7) The Treasurer is to inform the Auditor-General of every authorisation
given under this section.
(8) An authorisation under this section may be given before or after the
relevant payment is made.
Page 6
Appropriation (Special Offices) Bill 2010 Clause 12
12 Appointment of person to carry out the functions of the Treasurer under
section 11
(1) The Treasurer may appoint a person to carry out the Treasurer's
functions under section 11.
(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 11 (7) of informing the
Auditor-General of every authorisation given by the person under
section 11.
13 Delayed restructures
(1) Without limiting section 11, if the responsibility for a service or
function for which an appropriation is made in this Act is transferred on
or after 1 July 2010 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.
Page 7
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