New South Wales Consolidated Acts

GOVERNMENT SECTOR FINANCE LEGISLATION (REPEAL AND AMENDMENT) ACT 2018 - SCHEDULE 3

SCHEDULE 3 – Amendment of legislation concerning financial arrangements

3.1 - Aboriginal Housing Act 1998 No 47

Section 36

Omit the section. Insert instead--

36 Investment of money in Fund The Aboriginal Housing Office may invest money in the Aboriginal Housing Fund--

(a) if the AHO is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the AHO is permitted to invest money under that Part, or

(b) if the AHO is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Minister with the concurrence of the Treasurer.

3.2 - Agricultural Industry Services Act 1998 No 45

Section 31

Omit the section. Insert instead--

31 Investment A committee may invest money in its funds--

(a) if the committee is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the committee is permitted to invest money under that Part, or

(b) if the committee is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in accordance with the Trustee Act 1925 or in any other way approved by the Minister with the concurrence of the Treasurer.

3.3 - Agricultural Livestock (Disease Control Funding) Act 1998 No 139

Section 26 Investment of money in industry funds

Omit section 26 (1). Insert instead--

(1) The fund administrator for an industry fund is (subject to any directions of the Minister) to invest money in the fund--

(a) if the fund administrator is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the fund administrator is permitted to invest money under that Part, or

(b) if the fund administrator is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Treasurer.

3.4 - Architects Act 2003 No 89

Section 75

Omit the section. Insert instead--

75 Investment of Architects Fund The Board may invest money held in the Architects Fund--

(a) if the Board is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Board is permitted to invest money under that Part, or

(b) if the Board is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way authorised for the investment of trust funds or in any other way approved by the Minister with the concurrence of the Treasurer.

3.5 - Barangaroo Delivery Authority Act 2009 No 2

Section 38

Omit the section. Insert instead--

38 Investment of money in Fund The Authority may invest money in the Barangaroo Fund--

(a) if the Authority is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Authority is permitted to invest money under that Part, or

(b) if the Authority is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Minister with the concurrence of the Treasurer.

3.6 - Biodiversity Conservation Act 2016 No 63

Section 10.6 Powers of Trust

Omit section 10.6 (2) (h). Insert instead--

(h) to invest money in any fund managed or maintained by the Trust--

(i) if the Trust is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Trust is permitted to invest money under that Part, or

(ii) if the Trust is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in the same way as trustees may invest trust funds or in any other way approved by the Treasurer,

3.7 - Border Fence Maintenance Act 1921 No 17

Section 19 Border Fence Maintenance Fund

Omit section 19 (5). Insert instead--

(5) The board may invest money in the fund--

(a) if the board is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the board is permitted to invest money under that Part, or

(b) if the board is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in accordance with the Trustee Act 1925 or in any other way approved by the Minister with the concurrence of the Treasurer.

3.8 - Cancer Institute (NSW) Act 2003 No 14

Section 18 Investments

Omit section 18 (1). Insert instead--

(1) The Cancer Institute may invest money held by it--

(a) if the Cancer Institute is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Cancer Institute is permitted to invest money under that Part, or

(b) if the Cancer Institute is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way authorised for the time being for the investment of trust funds and in any other way approved by the Minister with the concurrence of the Treasurer.

3.9 - Cemeteries and Crematoria Act 2013 No 105

Section 23

Omit the section. Insert instead--

23 Investment of money in Cemeteries Agency Fund The Cemeteries Agency may invest money in the Cemeteries Agency Fund--

(a) if the Cemeteries Agency is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Cemeteries Agency is permitted to invest money under that Part, or

(b) if the Cemeteries Agency is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Minister with the concurrence of the Treasurer.

3.10 - Charitable Fundraising Act 1991 No 69

Section 21 Investment

Omit "the Public Authorities (Financial Arrangements) Act 1987 " from section 21 (2).
Insert instead "Part 6 of the Government Sector Finance Act 2018 ".

3.11 - Coal Innovation Administration Act 2008 No 50

Section 8

Omit the section. Insert instead--

8 Investment of money in Fund The Minister may invest money in the Fund--

(a) if the Minister is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Minister is permitted to invest money under that Part, or

(b) if the Minister is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Treasurer.

3.12 - Community Housing Providers (Adoption of National Law) Act 2012 No 59

Section 15 Housing Agency may give assistance

Omit "the Public Authorities (Financial Arrangements) Act 1987 " from section 15 (4).
Insert instead "Part 6 of the Government Sector Finance Act 2018 ".

3.13 - Companion Animals Act 1998 No 87

Section 86

Omit the section. Insert instead--

86 Investment of money in Fund The Chief Executive of the Office of Local Government may invest money in the Fund--

(a) if the Office of Local Government is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Office is permitted to invest money under that Part, or

(b) if the Office of Local Government is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved the Treasurer.

3.14 - Crown Land Management Act 2016 No 58

Section 12.30

Omit the section. Insert instead--

12.30 Investment of money in Crown Reserves Improvement Fund The Secretary may invest money in the Crown Reserves Improvement Fund--

(a) if the Department is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Department is permitted to invest money under that Part, or

(b) if the Department is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Treasurer.

3.15 - Dams Safety Act 2015 No 26

Section 40 Dams Safety Fund

Omit section 40 (3). Insert instead--

(3) Dams Safety NSW may invest money in the Fund--

(a) if Dams Safety NSW is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that Dams Safety NSW is permitted to invest money under that Part, or

(b) if Dams Safety NSW is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Minister with the concurrence of the Treasurer.

3.16 - Education Standards Authority Act 2013 No 89

Section 15 Education Standards Authority Fund

Omit section 15 (4). Insert instead--

(4) The Authority may invest money in the Fund--

(a) if the Authority is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Authority is permitted to invest money under that Part, or

(b) if the Authority is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in accordance with and subject to the Trustee Act 1925 and in any other way approved by the Minister with the concurrence of the Treasurer.

3.17 - Electricity Network Assets (Authorised Transactions) Act 2015 No 5

[1[#93] Section 12 Residual Liabilities Fund

Omit section 12 (5). Insert instead--

(5) The Treasurer may invest money in the Residual Liabilities Fund in any way that the Treasurer considers appropriate.

[2[#93] Section 45

Omit the section. Insert instead--

45 Part 6 of Government Sector Finance Act 2018 Part 6 of the Government Sector Finance Act 2018 does not apply to any transaction arrangement.

[3[#93] Section 51 Functions of Electricity Assets Ministerial Holding Corporation

Omit section 51 (5). Insert instead--

(5) The Treasurer may invest money in the EAMHC Fund in any way that the Treasurer considers appropriate.

[4[#93] Section 52 Functions of New South Wales Treasury Corporation

Omit "financial accommodation" and "financial adjustment" from section 52 (2).
Insert instead "borrowings" and "derivative arrangement", respectively.

[5[#93] Section 52 (4)

Omit " Public Authorities (Financial Arrangements) Act 1987 ".
Insert instead " Government Sector Finance Act 2018 ".

[6[#93] Schedule 7 Savings, transitional and other provisions

Omit clause 11 (5). Insert instead--

(5) The Treasurer may invest money in an MHC fund in any way that the Treasurer considers appropriate.

3.18 - Electricity Retained Interest Corporations Act 2015 No 6

[1[#93] Section 7 Functions

Omit the note to section 7 (3). Insert instead--

Note : Investment by a Corporation is subject to Part 6 of the Government Sector Finance Act 2018 .

[2[#93] Section 8 Status

Omit the note to section 8 (1). Insert instead--

Note : A Corporation is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 and remains subject to that Part, including the requirements of that Part as to borrowing and investment by a GSF agency.

[3[#93] Section 36 Investment of Fund

Omit the note at the end of the section. Insert instead--

Note : Investment by a Corporation is subject to Part 6 of the Government Sector Finance Act 2018 .

3.19 - Energy and Utilities Administration Act 1987 No 103

Section 34I

Omit the section. Insert instead--

34I Investment of money in Climate Change Fund The Minister may invest money in the Fund--

(a) if the Minister is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Minister is permitted to invest money under that Part, or

(b) if the Minister is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Treasurer.

3.20 - Environmental Planning and Assessment Act 1979 No 203

Section 7.31

Omit the section. Insert instead--

7.31 Investment of money in Fund The money in the Fund may be invested--

(a) if the Department is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Department is permitted to invest money under that Part, or

(b) if the Department is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Treasurer.

3.21 - Environmental Trust Act 1998 No 82

Section 20

Omit the section. Insert instead--

20 Investments The Trust is to invest money in the Trust Fund--

(a) if the Trust is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Trust is permitted to invest money under that Part, or

(b) if the Trust is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Treasurer.

3.22 - Fair Trading Act 1987 No 68

Section 79Y NSW Consumer Law Fund

Omit section 79Y (6). Insert instead--

(6) The Minister may, on the recommendation of the Secretary, invest money in the Fund--

(a) if the Minister is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Minister is permitted to invest money under that Part, or

(b) if the Minister is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Treasurer.

3.23 - Fiscal Responsibility Act 2012 No 58

Section 11 Acts not affected by this Act

Omit " Public Authorities (Financial Arrangements) Act 1987 ".
Insert instead " Government Sector Finance Act 2018 ".

3.24 - Fisheries Management Act 1994 No 38

[1[#93] Section 237B Aboriginal fishing assistance programs

Omit the note to section 237B (2).

[2[#93] Section 239A Investment of money in trust funds

Omit section 239A (1). Insert instead--

(1) The Minister is to invest money in a trust fund--

(a) if the Minister is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Minister is permitted to invest money under that Part, or

(b) if the Minister is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way authorised for the investment of trust funds or approved by the Treasurer.

3.25 - Food Act 2003 No 43

Section 117B

Omit the section. Insert instead--

117B Investment The Food Authority may invest money held by it--

(a) if the Food Authority is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Food Authority is permitted to invest money under that Part, or

(b) if the Food Authority is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Minister with the concurrence of the Treasurer.

3.26 - Game and Feral Animal Control Act 2002 No 64

Section 53B Game and Pest Management Trust Fund

Omit section 53B (5). Insert instead--

(5) The Minister may invest the money in the Fund--

(a) if the Minister is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Minister is permitted to invest money under that Part, or

(b) if the Minister is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way authorised for the investment of trust funds.

3.27 - General Government Liability Management Fund Act 2002 No 60

Section 6 Payments out of the Fund

Omit section 6 (5). Insert instead--

(5) The Ministerial Corporation may invest money in the Liability Management Fund that is not immediately required for the purposes of the Fund--

(a) if the Ministerial Corporation is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Ministerial Corporation is permitted to invest money under that Part, or

(b) if the Ministerial Corporation is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Treasurer.

3.28 - Government Telecommunications Act 1991 No 77

Section 43

Omit the section. Insert instead--

43 Investment The Authority may invest money--

(a) if the Authority is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Authority is permitted to invest money under that Part, or

(b) if the Authority is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in accordance with the Trustee Act 1925 or in any other way approved by the Minister with the concurrence of the Treasurer.

3.29 - Growth Centres (Development Corporations) Act 1974 No 49

Section 27

Omit the section. Insert instead--

27 Investments A corporation may invest money held by it--

(a) if the corporation is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the corporation is permitted to invest money under that Part, or

(b) if the corporation is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way authorised for the time being for the investment of trust funds and in any other way approved by the Minister with the concurrence of the Treasurer.

3.30 - Health Administration Act 1982 No 135

Section 13A Corporation to manage accounts of health professional councils

Omit section 13A (4). Insert instead--

(4) The Corporation may invest money in such an account--

(a) if the Corporation is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Corporation is permitted to invest money under that Part, or

(b) if the Corporation is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Treasurer.

3.31 - Health Services Act 1997 No 154

[1[#93] Section 38 Investments

Omit section 38 (1). Insert instead--

(1) A local health district may invest money held by it--

(a) if the local health district is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the local health district is permitted to invest money under that Part, or

(b) if the local health district is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way authorised for the time being for the investment of trust funds and in any other way approved by the Minister with the concurrence of the Treasurer.

[2[#93] Section 59 Investments

Omit section 59 (1). Insert instead--

(1) A statutory health corporation may invest money held by it--

(a) if the statutory health corporation is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the statutory health corporation is permitted to invest money under that Part, or

(b) if the statutory health corporation is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way authorised for the time being for the investment of trust funds and in any other way approved by the Minister with the concurrence of the Treasurer.

[3[#93] Section 127B Loans to public health organisations

Omit section 127B (4). Insert instead--

(4) Part 6 of the Government Sector Finance Act 2018 does not apply to a loan made under this section.

3.32 - Home Building Act 1989 No 147

[1[#93] Section 103EF Home Building Operational Fund

Omit section 103EF (4). Insert instead--

(4) The Authority may invest money in the Fund that is not immediately required for the purposes of the Fund--

(a) if the Authority is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Authority is permitted to invest money under that Part, or

(b) if the Authority is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Minister with the concurrence of the Treasurer.

[2[#93] Section 103OA Home Building Insurers Guarantee Fund

Omit section 103OA (5). Insert instead--

(5) The Authority may invest money in the Fund that is not immediately required for the purposes of the Fund--

(a) if the Authority is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Authority is permitted to invest money under that Part, or

(b) if the Authority is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Minister with the concurrence of the Treasurer.

[3[#93] Section 103P Building Insurers' Guarantee Fund

Omit section 103P (4). Insert instead--

(4) The Guarantee Corporation may invest money in the Fund that is not immediately required for the purposes of the Fund--

(a) if the Guarantee Corporation is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Guarantee Corporation is permitted to invest money under that Part, or

(b) if the Guarantee Corporation is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Minister with the concurrence of the Treasurer.

[4[#93] Section 114 Home Building Administration Fund

Omit "the Public Authorities (Financial Arrangements) Act 1987 " from section 114 (3) (c).
Insert instead "Part 6 of the Government Sector Finance Act 2018 ".

3.33 - Housing Act 2001 No 52

[1[#93] Part 8 Joint ventures, interests in private corporations and trusts

Omit the note at the beginning of the Part. Insert instead--

Note : Part 6 of the Government Sector Finance Act 2018 imposes requirements and limitations on GSF agencies covered by that Part with respect to the entry into and maintenance of financial arrangements and joint ventures.

[2[#93] Section 59 Definitions

Omit the definition of
"joint venture" . Insert instead--

"joint venture" has the same meaning as in the Government Sector Finance Act 2018 .

[3[#93] Section 60 Power to enter into joint ventures

Omit "an approval under Part 2D of the Public Authorities (Financial Arrangements) Act 1987 " from section 60 (3).
Insert instead "a financial arrangement approval under the Government Sector Finance Act 2018 ".

[4[#93] Section 60, note

Omit the note at the end of the section. Insert instead--

Note : Part 6 of the Government Sector Finance Act 2018 requires a GSF agency under that Act, before entering into a joint venture arrangement, to obtain a financial arrangement approval for the arrangement unless the arrangement is authorised by a provision of that Act or the regulations or Treasurer's directions under that Act.

3.34 - Institute of Sport Act 1995 No 52

[1[#93] Section 20 Financial powers of Institute

Omit "the Public Authorities (Financial Arrangements) Act 1987 " from section 20 (e).
Insert instead "Part 6 of the Government Sector Finance Act 2018 ".

[2[#93] Section 25

Omit the section. Insert instead--

25 Powers of investment The Institute may invest money in the Fund--

(a) if the Institute is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Institute is permitted to invest money under that Part, or

(b) if the Institute is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in accordance with and subject to the Trustee Act 1925 and in any other way approved by the Minister with the concurrence of the Treasurer.

3.35 - Jobs for NSW Act 2015 No 25

Section 13

Omit the section. Insert instead--

13 Investment of Fund The Minister may invest money in the Fund--

(a) if the Minister is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Minister is permitted to invest money under that Part, or

(b) if the Minister is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way authorised for the investment of trust funds.

3.36 - Land Acquisition (Just Terms Compensation) Act 1991 No 22

Section 51 Trust account

Omit section 51 (7). Insert instead--

(7) Money in the trust account may be invested by the authority of the State--

(a) if the authority of the State is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the authority of the State is permitted to invest money under that Part, or

(b) if the authority of the State is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Treasurer.

3.37 - Land and Property Information NSW (Authorised Transaction) Act 2016 No 46

[1[#93] Section 16 Penalty provision in authorised concession arrangements

Omit section 16 (6). Insert instead--

(6) The portfolio Minister may invest money in the Rectification Retention Account--

(a) if the portfolio Minister is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the portfolio Minister is permitted to invest money under that Part, or

(b) if the portfolio Minister is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Treasurer.

[2[#93] Section 37 Government Sector Finance Act 2018

Omit "The Public Authorities (Financial Arrangements) Act 1987 ".
Insert instead "Part 6 of the Government Sector Finance Act 2018 ".

3.38 - Local Land Services Act 2013 No 51

Section 21

Omit the section. Insert instead--

21 Investment powers in relation to Fund Local Land Services may invest money in the Fund--

(a) if Local Land Services is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that Local Land Services is permitted to invest money under that Part, or

(b) if Local Land Services is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way authorised for the investment of trust funds and in any other way approved by the Minister with the concurrence of the Treasurer.

3.39 - Long Service Corporation Act 2010 No 123

Section 15

Omit the section. Insert instead--

15 Investment of money in Funds The Corporation may invest money in a Fund--

(a) if the Corporation is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Corporation is permitted to invest money under that Part, or

(b) if the Corporation is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Minister with the concurrence of the Treasurer.

3.40 - Mine and Petroleum Site Safety (Cost Recovery) Act 2005 No 116

Section 8

Omit the section. Insert instead--

8 Investment of money in Fund The Secretary may, on behalf of the Department, invest money in the Fund--

(a) if the Department is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Department is permitted to invest money under that Part, or

(b) if the Department is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Treasurer.

3.41 - Mining Act 1992 No 29

[1[#93] Section 292T Minerals and Petroleum Investment Fund

Omit section 292T (5). Insert instead--

(5) The Secretary may invest money in the Investment Fund--

(a) if the Department is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Department is permitted to invest money under that Part, or

(b) if the Department is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Treasurer.

[2[#93] Section 292U Minerals and Petroleum Administrative Fund

Omit section 292U (5). Insert instead--

(5) The Secretary may invest money in the Administrative Fund--

(a) if the Department is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Department is permitted to invest money under that Part, or

(b) if the Department is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Treasurer.

[3[#93] Section 292V Small-Scale Titles Levy Fund

Omit section 292V (6). Insert instead--

(6) The Secretary may invest money in the Small-Scale Titles Levy Fund--

(a) if the Department is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Department is permitted to invest money under that Part, or

(b) if the Department is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Treasurer.

3.42 - Motor Accident Injuries Act 2017 No 10

[1[#93] Section 2.38 Establishment of Nominal Defendant's Fund

Omit section 2.38 (4). Insert instead--

(4) The Authority may invest money in the Fund that is not immediately required for the purposes of the Fund--

(a) if the Authority is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Authority is permitted to invest money under that Part, or

(b) if the Authority is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Minister with the concurrence of the Treasurer.

[2[#93] Section 10.12 Motor Accidents Operational Fund (the SIRA Fund)

Omit section 10.12 (5). Insert instead--

(5) The Authority may invest money in the SIRA Fund that is not immediately required for the purposes of the SIRA Fund--

(a) if the Authority is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Authority is permitted to invest money under that Part, or

(b) if the Authority is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Minister with the concurrence of the Treasurer.

[3[#93] Section 10.14 Motor Accident Injuries Treatment and Care Benefits Fund (the MAITC Benefits Fund)

Omit section 10.14 (4). Insert instead--

(4) The Lifetime Care and Support Authority may invest money in the MAITC Benefits Fund that is not immediately required for the purposes of the MAITC Benefits Fund--

(a) if the Authority is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Authority is permitted to invest money under that Part, or

(b) if the Authority is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Minister with the concurrence of the Treasurer.

3.43 - Motor Accidents Compensation Act 1999 No 41

[1[#93] Section 40 Establishment of Nominal Defendant's Fund

Omit section 40 (4). Insert instead--

(4) The Authority may invest money in the Fund that is not immediately required for the purposes of the Fund--

(a) if the Authority is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Authority is permitted to invest money under that Part, or

(b) if the Authority is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Minister with the concurrence of the Treasurer.

[2[#93] Section 212 Motor Accidents Operational Fund

Omit section 212 (4). Insert instead--

(4) The Authority may invest money in the Fund that is not immediately required for the purposes of the Fund--

(a) if the Authority is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Authority is permitted to invest money under that Part, or

(b) if the Authority is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Minister with the concurrence of the Treasurer.

3.44 - Motor Accidents (Lifetime Care and Support) Act 2006 No 16

Section 48 Lifetime Care and Support Authority Fund

Omit section 48 (4). Insert instead--

(4) The Authority may invest money in the Fund that is not immediately required for the purposes of the Fund--

(a) if the Authority is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Authority is permitted to invest money under that Part, or

(b) if the Authority is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Minister with the concurrence of the Treasurer.

3.45 - National Disability Insurance Scheme (NSW Enabling) Act 2013 No 104

Section 23

Omit the section. Insert instead--

23 Part 6 of Government Sector Finance Act 2018

(1) Part 6 of the Government Sector Finance Act 2018 does not apply to any implementation arrangement.

(2) An implementation arrangement requires the approval of the Treasurer before it is entered into if the implementation arrangement involves a public sector agency of the State--

(a) receiving borrowings, or

(b) entering into a joint financing arrangement, or

(c) carrying on a joint venture.

(3) The expressions
"borrowings" ,
"joint financing arrangement" and
"joint venture" have the same meanings as in the Government Sector Finance Act 2018 .

3.46 - NSW Self Insurance Corporation Act 2004 No 106

[1[#93] Section 12

Omit the section. Insert instead--

12 Investment of money in Self Insurance Fund The Self Insurance Corporation may invest money in the Self Insurance Fund--

(a) if the Self Insurance Corporation is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Self Insurance Corporation is permitted to invest money under that Part, or

(b) if the Self Insurance Corporation is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Minister.

[2[#93] Section 12B

Omit the section. Insert instead--

12B Investment of money in Home Building Compensation Fund The Self Insurance Corporation may invest money in the Home Building Compensation Fund--

(a) if the Self Insurance Corporation is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Self Insurance Corporation is permitted to invest money under that Part, or

(b) if the Self Insurance Corporation is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Minister.

[3[#93] Section 12D

Omit the section. Insert instead--

12D Investment of money in Construction Risks Insurance Fund The Self Insurance Corporation may invest money in the Construction Risks Insurance Fund--

(a) if the Self Insurance Corporation is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Self Insurance Corporation is permitted to invest money under that Part, or

(b) if the Self Insurance Corporation is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Minister.

3.47 - Parliamentary Contributory Superannuation Act 1971 No 53

[1[#93] Section 7 Financial arrangements

Omit section 7 (1). Insert instead--

(1) The trustees may, under and subject to Part 6 of the Government Sector Finance Act 2018 , enter into financial arrangements within the meaning of that Part.

[2[#93] Section 7 (4)

Omit "financial accommodation". Insert instead "borrowings".

3.48 - Place Management NSW Act 1998 No 170

Section 34

Omit the section. Insert instead--

34 Investment of money in Fund Place Management NSW may invest money in the Sydney Harbour Foreshore Fund--

(a) if Place Management NSW is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that Place Management NSW is permitted to invest money under that Part, or

(b) if Place Management NSW is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Minister with the concurrence of the Treasurer.

3.49 - Ports and Maritime Administration Act 1995 No 13

Section 43

Omit the section. Insert instead--

43 Investment The Authority may invest money in the Waterways Fund--

(a) if the Authority is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Authority is permitted to invest money under that Part, or

(b) if the Authority is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in accordance with the Trustee Act 1925 or in any other way approved by the Minister with the concurrence of the Treasurer.

3.50 - Ports Assets (Authorised Transactions) Act 2012 No 101

Section 26 Part 6 of Government Sector Finance Act 2018

Omit "The Public Authorities (Financial Arrangements) Act 1987 ".
Insert instead "Part 6 of the Government Sector Finance Act 2018 ".

3.51 - Protection of the Environment Administration Act 1991 No 60

Section 34A Environment Protection Authority Fund

Omit section 34A (5). Insert instead--

(5) The Authority may invest money in the Fund--

(a) if the Authority is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Authority is permitted to invest money under that Part, or

(b) if the Authority is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Treasurer.

3.52 - Protection of the Environment Operations Act 1997 No 156

Section 295ZA Environmental Monitoring Fund

Omit section 295ZA (6). Insert instead--

(6) The EPA may invest money in the Fund--

(a) if the EPA is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the EPA is permitted to invest money under that Part, or

(b) if the EPA is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Treasurer.

3.53 - Restart NSW Fund Act 2011 No 32

Section 10

Omit the section. Insert instead--

10 Investment of money in Restart NSW Fund The Minister may invest money in the Fund--

(a) if the Minister is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Minister is permitted to invest money under that Part, or

(b) if the Minister is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Treasurer.

3.54 - Social and Affordable Housing NSW Fund Act 2016 No 51

[1[#93] Section 3 Definitions

Omit the definition of
"financial adjustment" from section 3 (1). Insert in alphabetical order--

"derivative arrangement" has the same meaning as in the Government Sector Finance Act 2018 .

[2[#93] Section 7 Payment into the Fund

Omit "financial adjustment" from section 7 (1) (g). Insert instead "derivative arrangement".

[3[#93] Section 8 Payments out of the Fund

Omit "financial adjustment" from section 8 (1) (e). Insert instead "derivative arrangement".

[4[#93] Section 9

Omit the section. Insert instead--

9 Investment of money in the Fund The Minister may invest money in the Fund--

(a) if the Minister is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Minister is permitted to invest money under that Part, or

(b) if the Minister is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Treasurer.

[5[#93] Section 10

Omit the section. Insert instead--

10 Borrowings and derivative arrangements The Minister may for the purposes of the Fund borrow or enter into derivative arrangements--

(a) if the Minister is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Minister is permitted to borrow or enter into derivative arrangements under that Part, or

(b) if the Minister is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Treasurer.

3.55 - Sporting Injuries Insurance Act 1978 No 141

Section 12

Omit the section. Insert instead--

12 Investment

(1) The Authority may invest money in the Fund that is not immediately required for the Fund--

(a) if the Authority is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Authority is permitted to invest money under that Part, or

(b) if the Authority is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Minister with the concurrence of the Treasurer.

(2) The Self Insurance Corporation may invest money in the Supplementary Fund that is not immediately required for the Supplementary Fund--

(a) if the Self Insurance Corporation is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Self Insurance Corporation is permitted to invest money under that Part, or

(b) if the Self Insurance Corporation is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Minister administering the NSW Self Insurance Corporation Act 2004 with the concurrence of the Treasurer.

3.56 - Superannuation Administration Act 1996 No 39

[1[#93] Section 62 Borrowing and investment powers

Omit section 62 (1). Insert instead--

(1) STC may enter into financial arrangements under and subject to Part 6 of the Government Sector Finance Act 2018 .

[2[#93] Section 63 Restrictions on investment powers

Omit "financial accommodation" from section 63 (1).
Insert instead "borrowings within the meaning of the Government Sector Finance Act 2018 ".

3.57 - Superannuation Administration Corporation (Pillar) (Authorised Transaction) Act 2016 No 19

Section 26 Part 6 of Government Sector Finance Act 2018

Omit "The Public Authorities (Financial Arrangements) Act 1987 ".
Insert instead "Part 6 of the Government Sector Finance Act 2018 ".

3.58 - Sydney Olympic Park Authority Act 2001 No 57

Section 59

Omit the section. Insert instead--

59 Joint ventures The Authority may carry on a joint venture (within the meaning of the Government Sector Finance Act 2018 ) in accordance with Part 6 of that Act.

3.59 - Technical and Further Education Commission Act 1990 No 118

Section 30

Omit the section. Insert instead--

30 Investment The TAFE Commission may invest money held by it--

(a) if the TAFE Commission is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the TAFE Commission is permitted to invest money under that Part, or

(b) if the TAFE Commission is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --

(i) in any way authorised for the time being for the investment of trust funds, and

(ii) in any other way approved by the Minister with the concurrence of the Treasurer.

3.60 - Tow Truck Industry Act 1998 No 111

Section 92

Omit the section. Insert instead--

92 Investment of money in Fund The Secretary may invest money in the Tow Truck Industry Fund--

(a) if the Department is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Department is permitted to invest money under that Part, or

(b) if the Department is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Minister with the concurrence of the Treasurer.

3.61 - Transport Administration Act 1988 No 109

Section 78 Payments into RMS Fund

Omit "the Public Authorities (Financial Arrangements) Act 1987 " from section 78 (1) (c).
Insert instead "Part 6 of the Government Sector Finance Act 2018 ".

3.62 - Transport Administration (General) Regulation 2013

Clause 75 Application of other Acts to Western Sydney Buses

Omit clause 75 (2) (b). Insert instead--

(b) the Government Sector Finance Act 2018 ,

3.63 - Treasury Corporation Act 1983 No 75

[1[#93] Section 3 Definitions

Insert in alphabetical order in section 3 (1)--

"borrowing" has the same meaning as in the funding Act.

"derivative arrangement" has the same meaning as in the funding Act.

[2[#93] Section 3 (1), definition of "financial accommodation"

Omit the definition.

[3[#93] Section 3 (1), definition of "funding Act"

Omit the definition. Insert instead--

"funding Act" means the Government Sector Finance Act 2018 .

[4[#93] Section 3 (3)

Omit the subsection.

[5[#93] Section 4 New South Wales Treasury Corporation

Omit section 4 (6) (b). Insert instead--

(b) if the Corporation is of the same opinion after the direction has been reviewed, the Corporation must include particulars of the direction, and of its opinion as to the effect of compliance with the direction, in the annual reporting information prepared for it under the Government Sector Finance Act 2018 .

[6[#93] Sections 6A (1) (a), (b), (g) and (i), 6B (2) and (5), 7 (1) and (3), 9A (1), (5) and (6) and 9B (1) and (2)

Omit "financial accommodation" and "financial adjustment" wherever occurring.
Insert instead "borrowings" and "derivative arrangement", respectively.

[7[#93] Section 6A Examples of activities in which the Corporation can engage

Omit "financial adjustments" from section 6A (1) (g).
Insert instead "derivative arrangements".

[8[#93] Section 6B Limitations on powers

Omit section 6B (1). Insert instead--

(1) The Corporation is not to invest funds of or under the control of the Corporation except--

(a) if the Corporation is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Corporation is permitted to invest money under that Part, or

(b) if the Corporation is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Treasurer.

[9[#93] Section 6B (5)

Omit "is obtained". Insert instead "are obtained".

[10[#93] Section 7 Obligations of public authorities

Omit "was provided" from section 7 (1). Insert instead "were provided".

[11[#93] Section 7 (3)

Omit "was obtained". Insert instead "were obtained".

[12[#93] Section 9 Provision of borrowings from Corporation

Omit the note. Insert instead--

Note : Section 6.24 of the funding Act provides that, subject to certain exceptions, borrowings for GSF agencies under Part 6 of that Act (which include Ministers other than the Treasurer) must be obtained from the Corporation.

[13[#93] Section 9A Provision of borrowings to councils

Omit section 9A (3). Insert instead--

(3) Section 6.29 (Guarantee fees for certain guaranteed payments) of the funding Act applies to a council in respect of borrowings obtained by the Corporation for the council in the same way as it applies to a GSF agency.

[14[#93] Section 9A (6)

Omit "is taken", "has been" and "in respect of it".
Insert instead "are taken", "have been" and "in respect of the borrowings", respectively.

[15[#93] Section 9B Special powers of the Corporation

Omit "is provided" from section 9B (1). Insert instead "are provided".

3.64 - Trustee Act 1925 No 14

Section 14A Duties of trustee in respect of power of investment

Omit " section 39 of the Public Authorities (Financial Arrangements) Act 1987 " from the note to section 14A (2).
Insert instead " section 6.3 of the Government Sector Finance Act 2018 ".

3.65 - Veterinary Practice Act 2003 No 87

Section 84

Omit the section. Insert instead--

84 Investment of money The Board may invest money held in the account referred to in section 83--

(a) if the Board is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Board is permitted to invest money under that Part, or

(b) if the Board is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way authorised for the investment of trust funds or in any other way approved by the Minister with the concurrence of the Treasurer.

3.66 - Victims Rights and Support Act 2013 No 37

Section 14 Victims Support Fund

Omit section 14 (3). Insert instead--

(3) The Secretary may invest money in the Fund--

(a) if the Department of Justice is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Department of Justice is permitted to invest money under that Part, or

(b) if the Department of Justice is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way authorised for the investment of trust funds.

3.67 - Waste Recycling and Processing Corporation (Authorised Transaction) Act 2010 No 8

Section 7 WAMC Landfill Rehabilitation Fund

Omit section 7 (7). Insert instead--

(7) The Minister for Finance, Services and Property may invest money in the Fund--

(a) if the Minister is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Minister is permitted to invest money under that Part, or

(b) if the Minister is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Treasurer.

3.68 - Water Management Act 2000 No 92

Section 385

Omit the section. Insert instead--

385 Investments The Trust is to invest money in the Trust Fund--

(a) if the Trust is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Trust is permitted to invest money under that Part, or

(b) if the Trust is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Treasurer.

3.69 - Water Management Amendment Act 2010 No 133

[1[#93] Schedule 2 Other amendments to Water Management Act 2000 No 92

Omit "financial accommodation" wherever occurring in proposed section 169 (1) and (2) in Schedule 2 [54[#93].
Insert instead "borrowings".

[2[#93] Schedule 2 [54[#93], proposed section 169 (7)

Omit the definition of
"obtaining of financial accommodation" .
Insert in alphabetical order--

"borrowing" has the same meaning as in the Government Sector Finance Act 2018 .

3.70 - Western Sydney Parklands Act 2006 No 92

[1[#93] Section 21 Private subsidiary corporations etc

Omit "the Public Authorities (Financial Arrangements) Act 1987 " from section 21 (5).
Insert instead "Part 6 of the Government Sector Finance Act 2018 ".

[2[#93] Section 42

Omit the section. Insert instead--

42 Investment of money in Fund The Trust may invest money in the Fund--

(a) if the Trust is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Trust is permitted to invest money under that Part, or

(b) if the Trust is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Minister with the concurrence of the Treasurer.

3.71 - Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 No 83

[1[#93] Section 19 Bush Fire Fighters Compensation Fund

Omit section 19 (3A). Insert instead--

(3A) The Self Insurance Corporation may invest money in the Bush Fire Fighters Compensation Fund that is not immediately required for the Fund--

(a) if the Self Insurance Corporation is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Self Insurance Corporation is permitted to invest money under that Part, or

(b) if the Self Insurance Corporation is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Minister with the concurrence of the Treasurer.

[2[#93] Section 31 Emergency and Rescue Workers Compensation Fund

Omit section 31 (5). Insert instead--

(5) The Self Insurance Corporation may invest money in the Emergency and Rescue Workers Compensation Fund that is not immediately required for the Fund--

(a) if the Self Insurance Corporation is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Self Insurance Corporation is permitted to invest money under that Part, or

(b) if the Self Insurance Corporation is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Minister with the concurrence of the Treasurer.

3.72 - Workers' Compensation (Dust Diseases) Act 1942 No 14

Section 6 Constitution of Fund

Omit section 6 (2AA). Insert instead--

(2AA) The Authority may invest money in the Fund that is not immediately required for the Fund--

(a) if the Authority is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Authority is permitted to invest money under that Part, or

(b) if the Authority is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Minister with the concurrence of the Treasurer.

3.73 - Workplace Injury Management and Workers Compensation Act 1998 No 86

Section 36

Omit the section. Insert instead--

36 Investment The Authority may invest money in the Workers Compensation Operational Fund that is not immediately required for the purposes of the Fund--

(a) if the Authority is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Authority is permitted to invest money under that Part, or

(b) if the Authority is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Minister with the concurrence of the Treasurer.