New South Wales Consolidated Acts

GOVERNMENT SECTOR FINANCE ACT 2018 - SECT 4.7

4.7 Deemed appropriations of certain money received by GSF agencies

(1) The lead Minister for a GSF agency is taken to have been given an appropriation out of the Consolidated Fund under the authority of this section, at the time the agency receives or recovers any deemed appropriation money, for an amount equivalent to the money that is received or recovered by the agency.

(2) An appropriation under this section is taken to have been given--

(a) if the receiving GSF agency is a special office--for the services of the receiving GSF agency, or

(b) otherwise--for the services of the lead Department for the GSF agency.

(3)
"Deemed appropriation money" means--

(a) government money that a GSF agency receives or recovers, including from the Commonwealth or another entity, of a kind prescribed by the regulations, that--

(i) forms part of the Consolidated Fund, and

(ii) is not appropriated under the authority of an Act, or

(b) government money that a GSF agency receives or recovers, from another GSF agency, of a kind prescribed by the regulations, that--

(i) forms part of the Consolidated Fund, and

(ii) is appropriated under the authority of an Act to the lead Minister for the other GSF agency for--

(A) if the other GSF agency is a special office--the services of the other GSF agency, or

(B) otherwise--the services of the lead Department for the other GSF agency.

(4) Without limiting subsections (3)(a) and (b) and (6)(a), the regulations may--

(a) prescribe deemed appropriation money to include government money that was received or recovered before the commencement of this section, and

(b) specify when (and the purposes for which) an appropriation is taken to have been given for the purposes of this section in respect of deemed appropriation money.

(5) However, the regulations cannot prescribe deemed appropriation money to include--

(a) any money from taxes or fines that a GSF agency receives or recovers for the benefit of the State generally (as opposed to the benefit of that particular agency), or

(b) any money payable as a royalty for the mining, extraction or capture of a natural resource, or

(c) any money from a general purpose Commonwealth grant received by a GSF agency.

(6) An appropriation under this section is--

(a) subject to any terms or conditions that may be prescribed by the regulations, and

(b) taken to be for the annual reporting period for the NSW Government in which it is taken to be given.

(7) At the time a receiving GSF agency receives or recovers deemed appropriation money referred to in subsection (3)(b), the appropriation to the lead Minister referred to in subsection (3)(b)(ii) is taken to have been reduced by an equivalent sum to the sum received or recovered by the receiving agency.

(8) In this section--

"lead Department" , for a GSF agency, means--

(a) if the GSF agency is a Public Service executive agency within the meaning of the Government Sector Employment Act 2013 --the Department specified as being the related Department for the GSF agency under that Act, Schedule 1, Part 2, or

(b) if paragraph (a) does not apply and there is only 1 responsible Minister for the GSF agency--the Department responsible to the responsible Minister for the GSF agency, or

(c) if paragraph (a) and (b) do not apply and there is more than 1 responsible Minister for the GSF agency and the same single Department is responsible to the responsible Ministers--the Department responsible to the responsible Ministers, or

(d) if paragraphs (a)-(c) do not apply--the Department specified for the GSF agency in a written determination made by the Treasurer and published in the Gazette.

"lead Minister" , for a GSF agency, means--

(a) if amounts are appropriated, under the relevant annual Appropriation Act, to a Minister for the services of the GSF agency--the Minister to whom the amounts are appropriated under the relevant annual Appropriation Act, or

(b) otherwise--the Minister to whom amounts are appropriated, under the relevant annual Appropriation Act, for the services of the GSF agency's lead Department.

"receiving GSF agency" means a GSF agency that receives or recovers deemed appropriation money.

"relevant annual Appropriation Act" means the annual Appropriation Act under which appropriations are made for the reporting period for a GSF agency in which the GSF agency receives deemed appropriation money.

"special office" means a GSF agency that is a special office in relation to which an appropriation is made under the relevant annual Appropriation Act.