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GOVERNMENT SECTOR FINANCE ACT 2018 - SECT 1.4
General definitions
1.4 General definitions
In this Act--
"accountable authority" --
(a) for a GSF agency--see section 2.7, or
(b) for
a university or its controlled entities (including ones that are to be treated
as GSF agencies or reporting GSF agencies for the purposes of provisions of
this Act)--means the governing body of the university (that is, its Senate,
Council or Board).
"annual Appropriation Act" means an Act with the object of appropriating sums
of revenue or moneys for the ordinary annual services of the Government (as
referred to in section 5A of the Constitution Act 1902 ).
"annual GSF financial statements" for a reporting GSF agency--see section 7.6.
"annual reporting information" for a reporting GSF agency--see section 7.11.
"annual reporting period" -- (a) for a GSF agency--see section 2.10, or
(b)
for the NSW Government--see section 2.11.
"arrangement" for the purposes of Part 6--see section 6.5.
"assets" means any legal or equitable estate or interest (whether present or
future, whether vested or contingent and whether personal or assignable) in
real or personal property of any description (including money), and includes
securities, choses in action and documents.
"Audit Office" means the Audit Office of New South Wales established by the
Government Sector Audit Act 1983 .
"audit report" , in relation to a statement or report, means an audit report
for the statement or report prepared by the Auditor-General under section 34
of the Government Sector Audit Act 1983 .
"Auditor-General" means the Auditor-General referred to in section 27B of the
Government Sector Audit Act 1983 .
"Australian Accounting Standards" means the standards issued by the Australian
Accounting Standards Board, as in force from time to time.
"authorised" in relation to financial arrangement for a GSF agency--see
section 6.22.
"banking account" --see section 6.4.
"banking account structuring" --see section 6.4.
"banking information" of a GSF agency--see section 6.4.
"banking service" --see section 6.4.
"borrowing" --see section 6.8.
"Budget control authority" means a Budget control authority issued under
section 5.1.
"Budget Papers" --see section 4.1.
"company State owned corporation" means a company State owned corporation
within the meaning of the State Owned Corporations Act 1989 .
"conduct" includes an omission.
"Consolidated Fund" means the fund formed as referred to in section 39 of the
Constitution Act 1902 .
"Consolidated State Financial Statements" --see section 7.17.
"constituent Act" , in relation to a GSF agency or other entity, means the Act
by or under which the agency or entity is appointed or constituted.
"contractor" means-- (a) a person engaged under a contract for services (but
not a contract of service) to perform or provide services for or on behalf of
a GSF agency, or
(b) a person who is provided by a person referred to in
paragraph (a) (including as a subcontractor) to perform the contracted
services for or on behalf of a GSF agency.
"controlled entity" --see section 2.2.
"Corporations legislation" means the Corporations legislation to which Part
1.1A of the Corporations Act 2001 of the Commonwealth applies.
"delegable function" --see section 9.7.
"Department" means a Department within the meaning of the
Government Sector Employment Act 2013 .
"derivative arrangement" --see section 6.10.
"enter" into a financial arrangement or other arrangement includes
participating in the arrangement.
"entity" --see section 2.1.
"expenditure of money" includes-- (a) the commitment of money for expenditure,
and
(b) the incurring of expenditure, and
(c) the making of payments.
"financial arrangement" --see section 6.7.
"financial arrangement approval" --see section 6.23.
"financial service" --see section 6.6.
"function" includes a power, authority or duty, and
"exercise" a function includes perform a duty.
"funds manager approval" --see section 6.35.
"General Government Sector" means New South Wales agencies or activities
listed or described as part of the General Government Sector by the Australian
Bureau of Statistics (which are listed or described in accordance with
international statistics conventions).
"general law" means the common law and equity, including the common law
concerning the content and exercise of Executive or prerogative powers,
privileges or other rights of the Crown.
"governing body" , in relation to a GSF agency, means-- (a) a board, council
or other body comprised of individuals that are collectively responsible for
managing the affairs of the agency, or
(b) any other entity declared by the
regulations to be the governing body for the agency,
but does not include--
(c) any board, council or other body with merely advisory functions, or
(d)
any entity (or entity of a kind) prescribed by the regulations not to be a
governing body.
"government money" means-- (a) any public money (including any securities and
revenues, loans and other moneys whatsoever) collected, received or held by
any person for or on behalf of the State (as referred to in section 39 (1) of
the Constitution Act 1902 ), and
(b) any territorial, casual and other
revenues of the Crown (including all royalties), from whatever source arising,
within New South Wales, and as to the disposal of which the Crown may
otherwise be entitled absolutely, conditionally or in any other way (as
referred to in section 39 (2) of the Constitution Act 1902 ), and
(c) any
money that, under any Act, is directed or authorised to be paid to, or is
expressed to form part of, the Consolidated Fund or the Special Deposits
Account (including money in working accounts in the Special Deposits Account),
and
(d) any money (or money of a kind) prescribed by the regulations as
government money,
but does not include anything prescribed by the regulations
not to be government money.
"government officer" --see section 2.9. Note--: Section 2.9 also defines when
a government officer is a
"government officer of a GSF agency" .
"government property" means all property held by, for or on behalf of the
State or a GSF agency (whether or not it is held on trust) except-- (a)
government money or related money, or
(b) property held on trust for the
benefit of an entity other than a GSF agency.
"government resources" means government money and government property.
"GSF agency" --see section 2.4.
"head of a GSF agency" means-- (a) for a Public Service agency--the person who
is the head of the Public Service agency (within the meaning of the
Government Sector Employment Act 2013 ), or
(b) for any other agency--the
person who is the chief executive officer (however described) of the agency or
otherwise responsible for the agency's day to day management, but not its
governing body (if any).
"investment" --see section 6.9.
"joint financing arrangement" --see section 6.11.
"joint venture" --see section 6.12.
"joint venture arrangement" --see section 6.12.
"kind" , in relation to an entity, matter or thing, includes a class of
entity, matter or thing.
"law" means legislation or the general law.
"legislation" includes Acts, statutory rules and environmental planning
instruments.
"liabilities" means any liabilities, debts or obligations (whether present or
future, whether vested or contingent and whether personal or assignable).
"misconduct" , in relation to a government officer to whom the
Government Sector Employment Act 2013 applies, includes (but is not limited
to) misconduct for the purposes of that Act.
"New South Wales Treasury Corporation" means the New South Wales Treasury
Corporation constituted by the Treasury Corporation Act 1983 .
"NSW Health entity" --see section 2.3.
"paramount provision" of this Act--see section 1.8.
"person handling government resources" means each of the following-- (a) a
government officer,
(b) a person exercising functions as an
accountable authority for a GSF agency,
(c) a person exercising functions as
a delegate or subdelegate in connection with the use, management or disposal
of government resources or related money,
(d) a person providing services to
a GSF agency in connection with the use, management or disposal of government
resources or related money (including as a contractor, consultant or
volunteer),
(e) any other person (or person of a kind) prescribed by the
regulations exercising functions in connection with the use, management or
disposal of government resources or related money,
but does not include a
Minister.
"prescribed reporting exemption criteria" --see section 7.3.
"principal entity" in relation to a joint financing arrangement--see
section 6.11.
"property" means property of all kinds, whether real or personal and whether
tangible or intangible and, in particular, includes choses in action.
"Public Service agency" has the same meaning as in the
Government Sector Employment Act 2013 .
"related money" means-- (a) any money, except government money, held by the
Treasurer or another Minister or a GSF agency or government officer in the
course of their official functions, including money that is held on trust for
another entity or for a purpose, and
(b) any money (or money of a kind),
except government money, prescribed by the regulations as related money,
but
does not include anything prescribed by the regulations not to be related
money.
"relevant agency information" about a GSF agency--see section 9.1.
"reporting GSF agency" --see section 7.3.
"responsible manager" for an SDA account--see section 4.16.
"responsible Minister" -- (a) for a GSF agency--see section 2.6, and
(b) for
a university or its controlled entities (including ones that are to be treated
as GSF agencies or reporting GSF agencies for the purposes of provisions of
this Act)--means the Minister administering the constituent Act for its
governing body (that is, its Senate, Council or Board).
"rights" means any rights, powers, privileges or immunities (whether present
or future, whether vested or contingent and whether personal or assignable).
"SDA account" means an account in the Special Deposits Account.
"secondary entity" in relation to a joint financing arrangement--see
section 6.11.
"separate GSF agency" --see section 2.5.
"separate GSF agency delegable function" of a Minister in relation to a
separate GSF agency--see section 9.7.
"Special Deposits Account" --see section 4.15.
"State owned corporation" means a company State owned corporation or a
statutory State owned corporation.
"statutory special purpose fund" means a fund established by or under an Act
(except an SDA account) that limits the use of money in that fund to specified
purposes.
"statutory State owned corporation" means a statutory State owned corporation
within the meaning of the State Owned Corporations Act 1989 .
"Treasurer's directions" means any directions given by the Treasurer under
Division 3.1.
"trust" means a trust at general law.
"trust money" means money that is held in trust.
"university" means a university established or continued by an Act of New
South Wales.
"Workers Compensation Insurance Fund" means the Workers Compensation Insurance
Fund established under the Workers Compensation Act 1987 (including the
assets and liabilities of that Fund).
"Workers Compensation Nominal Insurer" means the Workers Compensation Nominal
Insurer referred to in section 154A of the Workers Compensation Act 1987 .
"working day" means any day that is not a Saturday, Sunday or public holiday.
Note--: The Interpretation Act 1987 contains definitions and other provisions
that affect the interpretation and application of this Act.
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