New South Wales Consolidated Acts

GOVERNMENT SECTOR FINANCE ACT 2018 - SECT 4.11

4.11 Variations of annual appropriations for Commonwealth grants

(1) This section applies if the Commonwealth does any of the following in an annual reporting period for the NSW Government--

(a) provides for the making of a specific purpose payment not included in the Budget Papers of the State for that period,

(b) provides for an increase in the amount of a specific purpose payment in excess of the amount included in the Budget Papers of the State for that period,

(c) does not provide the whole of the amount of a specific purpose payment as included in the Budget Papers of the State for that period.

(2) If the Treasurer is satisfied that a matter referred to in subsection (1) has occurred during an annual reporting period for the NSW Government, the Treasurer may issue a certificate that certifies that the matter has occurred and the amount involved.

(3) To avoid doubt, the Treasurer may issue a certificate under this section even if it is in respect of an annual reporting period for the NSW Government that has ended unless the annual Appropriation Act for the next annual reporting period has already given an appropriation for it.

(3A) If the Treasurer issues a certificate under this section for an annual reporting period (the
"certified period" )--

(a) for a new specific purpose payment that has been certified in a certificate issued during the certified period--an appropriation for the purpose of the payment is taken to have been made under the authority of this section for the certified period, and

(b) for a new specific purpose payment that has been certified in a certificate issued after the certified period--an appropriation for the purpose of the payment is taken to have been made under the authority of this section for the annual reporting period for the NSW Government during which the certificate was issued, and

(c) for a decreased or increased specific purpose payment that has been certified (whether in a certificate issued during or after the certified period)--the appropriation for the purpose of the payment is taken to have been decreased or increased accordingly under the authority of this section for the certified period.

(4) The Treasurer must cause details of any certificates issued under this section to be included in the Budget Papers for the next annual reporting year for the NSW Government.