New South Wales Bills Explanatory Notes

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APPROPRIATION (BUDGET VARIATIONS) BILL 2004

Explanatory Notes

Appropriation (Budget Variations) Bill
2004

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.


Overview of Bill


The object of this Bill is to appropriate additional amounts from the
Consolidated Fund for recurrent services and capital works and services for the
years 2003–2004 and 2002–2003 for the purpose of giving effect to certain
Budget variations required by the exigencies of Government.

The additional amounts appropriated for the 2003–2004 year are:


(a) $290,523,000 in adjustment of the vote “Advance to the Treasurer”, and

(b) $177,399,000 for recurrent services and capital works and services in
accordance with section 22 (1) of the Public Finance and Audit Act 1983,
and

(c) $135,300,000 for additional recurrent services.

The additional amounts appropriated for the 2002–2003 year are:


(a) $186,255,000 in adjustment of the vote “Advance to the Treasurer”, and

(b) $779,774,000 for recurrent services and capital works and services in
accordance with section 22 (1) of the Public Finance and Audit Act 1983.

Outline of provisions


Part 1 Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides that the proposed Act commences on the date of assent.

Part 2 Budget variations 2003–2004
Clause 3 appropriates the additional amount in adjustment of the vote “Advance
to the Treasurer”, 2003–2004, the details of which are set out in Column 1 of
Schedule 1.

Clause 4 appropriates the additional amounts for recurrent services and capital
works and services under section 22 (1) of the Public Finance and Audit
Act 1983, the details of which are set out in Column 2 of Schedule 1. Because
these amounts are appropriated by the proposed Act, subclause (2) removes the
requirement of the Public Finance and Audit Act 1983 that details of them be
included in the Appropriation Act for the 2004–2005 financial year.

Clause 5 appropriates the additional amounts for recurrent services, the details
of which are set out in Column 3 of Schedule 1.

Part 3 Budget variations 2002–2003
Clause 6 appropriates the additional amount in adjustment of the vote “Advance
to the Treasurer”, 2002–2003, the details of which are set out in Column 1 of
Schedule 2.

Clause 7 appropriates the additional amounts for recurrent services and capital
works and services under section 22 (1) of the Public Finance and Audit
Act 1983, the details of which are set out in Column 2 of Schedule 2. Because
these amounts are appropriated by the proposed Act, subclause (2) removes the
requirement of the Public Finance and Audit Act 1983 that details of them be
included in the Appropriation Act for the 2004–2005 financial year.

Part 4 General
Clause 8 makes it clear that the sums appropriated by the proposed Act are in
addition to any other sums appropriated in respect of the year 2002–2003 or
2003–2004.

Clause 9 contains miscellaneous provisions concerning the operation of the
proposed Act. Subclause (1) provides that the proposed Act is to be construed as
part of the annual Appropriation Act or Acts. (This emphasises that the
appropriations are part of budgetary process for the year 2002–2003 or 2003–
2004, and ensures that terms are construed consistently.) Subclause (2) is
consequential on subclause (1) and makes it clear that the appropriations are not
limited to meeting shortfalls from other appropriations. Subclause (3) validates
any payment of the appropriated sums before the date of assent to the proposed
Act. Subclause (3) also provides that the proposed subsection applies whether or
not the proposed Act is assented to during or after the year 2002–2003 or 2003–
2004. (This removes an argument, based on section 23 of the Public Finance and
Audit Act 1983, that the appropriation lapses at the close of the financial year.)
Clause 10 validates, to the extent (if any) to which it may be necessary to do so,
the approval or expenditure, before the date of assent to the proposed Act, of any
sum to which the proposed Act applies.

Clause 11 makes it clear that a reference to an agency specified in Schedule 1 or
2 includes any predecessor of the agency that was 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. This provision is included
because Schedules 1 and 2 refer to Departments and other agencies by their
current names. Names of Departments and other agencies may have changed
during the financial years concerned because of administrative changes.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 


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