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This is a Bill, not an Act. For current law, see the Acts databases.


APPROPRIATION BILL 2023





                                New South Wales




Appropriation Bill 2023
Contents
                                                                        Page

Part 1   Preliminary
          1    Name of Act                                                2
          2    Commencement                                               2
          3    Definitions                                                2

Part 2   Appropriations--Departments
         Division 1     Cabinet Office
          4    Cabinet Office                                             3

         Division 2     Communities and Justice
          5    Department of Communities and Justice                      3

         Division 3     Customer Service
          6    Department of Customer Service                             3
          7    Digital Restart Fund                                       3
          8    Rental Bond Interest Account                               3

         Division 4     Education
          9    Department of Education                                    3
Appropriation Bill 2023 [NSW]
Contents

                                                                                           Page


             Division 5         Environment and Planning
              10    Department of Planning and Environment                                   4

             Division 6         Health
              11    Ministry of Health                                                       4

             Division 7         Jobs and Tourism
              12    Department of Enterprise, Investment and Trade                           4

             Division 8         Premier's Department
              13    Premier's Department                                                     4

             Division 9         Regional NSW
              14    Department of Regional NSW                                               4
              15    Regional Development Trust Fund                                          5

             Division 10        Transport
              16    Department of Transport                                                  5

             Division 11        Treasury
              17    Treasury                                                                 5
              18    Administered items                                                       5
              19    NSW Generations Fund                                                     5
              20    NSW Shared Equity Scheme Fund                                            5
              21    Appropriation to Treasurer relating to integrity agencies                5
              22    Appropriation to Treasurer for natural disasters                         6

Part 3       Additional appropriation for health related services
              23    Special appropriation to Minister for Health--additional revenue from
                    gaming machine taxes                                                     7

Part 4       Appropriations--Special Offices
              24    Independent Commission Against Corruption                                8
              25    Independent Pricing and Regulatory Tribunal                              8
              26    Judicial Commission of New South Wales                                   8
              27    Law Enforcement Conduct Commission                                       8
              28    New South Wales Electoral Commission                                     8
              29    Office of the Children's Guardian                                        8
              30    Office of the Director of Public Prosecutions                            9
              31    Ombudsman's Office                                                       9
              32    Public Service Commission                                                9

Part 5       Commonwealth transfer payments
              33    Appropriation for Commonwealth transfer payments                        10

Part 6       Variations to authorised payments
              34    Payments not to be in excess of sums specified                          11
              35    Variations--contingencies relating to integrity agencies                 11
              36    Variations--Government's response to natural disasters                   11


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Appropriation Bill 2023 [NSW]
Contents

                                                                                           Page


              37    Variations--exigencies of Government and appropriations insufficient for
                    purpose                                                                   11
              38    Treasurer must not increase fixed salary or wages                         12
              39    Part does not apply to sums appropriated by another Act                   12
              40    Treasurer must inform Auditor-General of authorisations                   12

Part 7       General
              41    Appointment of person to carry out functions of Treasurer under Part
                    6                                                                         13
              42    Appointment of accountable authority to identify surplus                  13
              43    Budget-related information                                                13
              44    Payments authorised on lapse of appropriation                             13




Page 3
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.

                                                    Clerk of the Legislative Assembly.
                                                    Legislative Assembly,
                                                    Sydney,                                      , 2023




                                       New South Wales




Appropriation Bill 2023

Act No         , 2023



An Act to appropriate out of the Consolidated Fund sums for the services of the Government for
the year 2023-24.


See also the Appropriation (Parliament) Bill 2023 and the Treasury and Revenue Legislation Amendment Bill
2023.




I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.

                                                    Assistant Speaker of the Legislative Assembly.
Appropriation Bill 2023 [NSW]
Part 1 Preliminary



The Legislature of New South Wales enacts--

Part 1       Preliminary
  1   Name of Act
             This Act is the Appropriation Act 2023.
  2   Commencement
             This Act commences on the date of assent to this Act.
  3   Definitions
             In this Act--
             services includes the following--
              (a) capital works and services,
             (b) recurrent services,
              (c) repayment of debt.
             year 2023-24 means the year from 1 July 2023 to 30 June 2024.




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Appropriation Bill 2023 [NSW]
Part 2 Appropriations--Departments



Part 2       Appropriations--Departments
Note-- The total amount appropriated out of the Consolidated Fund for services for the year 2023-24 in
accordance with this part is $116,956,491,772.

Division 1          Cabinet Office
  4   Cabinet Office
             This Act appropriates the sum of $101,633,359 to the Premier out of the
             Consolidated Fund for the services of The Cabinet Office for the year 2023-24.
             Note-- The appropriation, together with funds from other sources, is intended to fund
             expenses to the sum of $102,176,214.

Division 2          Communities and Justice
  5   Department of Communities and Justice
             This Act appropriates the sum of $19,551,556,812 to the Attorney General out of the
             Consolidated Fund for the services of the Department of Communities and Justice
             for the year 2023-24.
             Note-- The appropriation, together with funds from other sources, is intended to fund--
             (a)  expenses to the sum of $20,594,206,602 and
             (b)  capital expenditure to the sum of $228,615,000.

Division 3          Customer Service
  6   Department of Customer Service
             This Act appropriates the sum of $2,058,565,049 to the Minister for Customer
             Service and Digital Government out of the Consolidated Fund for the services of the
             Department of Customer Service for the year 2023-24.
             Note-- The appropriation, together with funds from other sources, is intended to fund--
             (a)  expenses to the sum of $3,137,022,797, and
             (b)  capital expenditure to the sum of $213,980,000.

  7   Digital Restart Fund
             This Act appropriates the sum of $66,000,000 to the Minister for Customer Service
             and Digital Government out of the Consolidated Fund for payment into the Digital
             Restart Fund established under the Digital Restart Fund Act 2020.
  8   Rental Bond Interest Account
             This Act appropriates the sum of $67,079,000 to the Minister for Customer Service
             and Digital Government out of the Consolidated Fund for payment into the Rental
             Bond Interest Account established under the Residential Tenancies Act 2010.

Division 4          Education
  9   Department of Education
             This Act appropriates the sum of $22,465,320,057 to the Deputy Premier out of the
             Consolidated Fund for the services of the Department of Education for the year
             2023-24.
             Note-- The appropriation, together with funds from other sources, is intended to fund--
             (a)  expenses to the sum of $22,607,859,719, and
             (b)  capital expenditure to the sum of $2,586,183,000.




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Appropriation Bill 2023 [NSW]
Part 2 Appropriations--Departments



Division 5         Environment and Planning
10    Department of Planning and Environment
             This Act appropriates the sum of $6,805,162,909 to the Minister for Climate Change
             out of the Consolidated Fund for the services of the Department of Planning and
             Environment for the year 2023-24.
             Note-- The appropriation, together with funds from other sources, is intended to fund--
             (a)  expenses to the sum of $8,408,545,356, and
             (b)  capital expenditure to the sum of $543,909,000.

Division 6         Health
11    Ministry of Health
             This Act appropriates the sum of $19,050,823,984 to the Minister for Health out of
             the Consolidated Fund for the services of the Ministry of Health for the year
             2023-24.
             Note-- The appropriations under this section and Part 3 are intended to fund--
             (a)  expenses to the sum of $30,951,806,405, and
             (b)  capital expenditure to the sum of $3,303,110,000.

Division 7         Jobs and Tourism
12    Department of Enterprise, Investment and Trade
             This Act appropriates the sum of $1,734,098,894 to the Minister for Jobs and
             Tourism out of the Consolidated Fund for the services of the Department of
             Enterprise, Investment and Trade for the year 2023-24.
             Note-- The appropriation, together with funds from other sources, is intended to fund--
             (a)  expenses to the sum of $1,533,586,535, and
             (b)  capital expenditure to the sum of $430,412,000.

Division 8         Premier's Department
13    Premier's Department
             This Act appropriates the sum of $389,067,826 to the Premier out of the
             Consolidated Fund for the services of the Premier's Department for the year
             2023-24.
             Note-- The appropriation, together with funds from other sources, is intended to fund--
             (a)  expenses to the sum of $440,698,465, and
             (b)  capital expenditure to the sum of $21,348,000.

Division 9         Regional NSW
14    Department of Regional NSW
             This Act appropriates the sum of $1,312,234,887 to the Minister for Regional New
             South Wales out of the Consolidated Fund for the services of the Department of
             Regional NSW for the year 2023-24.
             Note-- The appropriation, together with funds from other sources, is intended to fund--
             (a)  expenses to the sum of $2,692,658,174, and
             (b)  capital expenditure to the sum of $85,057,000.




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Appropriation Bill 2023 [NSW]
Part 2 Appropriations--Departments



15    Regional Development Trust Fund
               This Act appropriates the sum of $25,000,000 to the Minister for Regional New
               South Wales out of the Consolidated Fund for payment into the Regional
               Development Trust Fund established under the Regional Development Act 2004.

Division 10          Transport
16    Department of Transport
               This Act appropriates the sum of $24,674,462,346 to the Minister for Transport out
               of the Consolidated Fund for the services of the Department of Transport for the year
               2023-24.
               Note-- The appropriation, together with funds from other sources, is intended to fund--
               (a)  expenses to the sum of $28,508,813,560, and
               (b)  capital expenditure to the sum of $8,669,205,000.

Division 11          Treasury
17    Treasury
               This Act appropriates the sum of $4,083,080,257 to the Treasurer out of the
               Consolidated Fund for the services of Treasury for the year 2023-24.
               Note-- The appropriation, together with funds from other sources, is intended to fund--
               (a)  expenses to the sum of $3,317,941,480, and
               (b)  capital expenditure to the sum of $1,215,428,000.

18    Administered items
               This Act appropriates the sum of $13,662,552,895 to the Treasurer out of the
               Consolidated Fund for the purposes of the activities or services administered by the
               Treasurer on behalf of the State generally for the year 2023-24.
               Note-- The appropriation, together with funds from other sources, is intended to fund
               expenses to the sum of $14,092,884,325.

19    NSW Generations Fund
               This Act appropriates the sum of $512,587,497 to the Treasurer out of the
               Consolidated Fund for payment into the NSW Generations (Community Services
               and Facilities) Fund established under the NSW Generations Funds Act 2018.
20    NSW Shared Equity Scheme Fund
               This Act appropriates the sum of $227,266,000 to the Treasurer out of the
               Consolidated Fund for payment into the NSW Shared Equity Scheme Fund
               established under the First Home Owner Grant and Shared Equity Act 2000.
21    Appropriation to Treasurer relating to integrity agencies
         (1)   This Act appropriates the sum of $20,000,000 to the Treasurer out of the
               Consolidated Fund for contingencies in relation to the integrity agencies for the year
               2023-24.
         (2)   In this section--
               integrity agency means each of the following--
                (a) the Audit Office of New South Wales,
               (b) the Independent Commission Against Corruption,
                (c) the Law Enforcement Conduct Commission,


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Appropriation Bill 2023 [NSW]
Part 2 Appropriations--Departments



            (d)   the New South Wales Electoral Commission,
            (e)   the Ombudsman's Office.
22    Appropriation to Treasurer for natural disasters
            This Act appropriates the sum of $150,000,000 to the Treasurer out of the
            Consolidated Fund for expenditure related to the Government's response to address
            a natural disaster or the impacts of a natural disaster in the Northern Rivers or Central
            West regions.




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Appropriation Bill 2023 [NSW]
Part 3 Additional appropriation for health related services



Part 3         Additional appropriation for health related services
23     Special appropriation to Minister for Health--additional revenue from gaming
       machine taxes
         (1)   This Act appropriates the sum of $561,837,782 to the Minister for Health out of the
               Consolidated Fund for the services of the Ministry of Health for the year 2023-24.
         (2)   The sum appropriated is in addition to any other sum appropriated by this Act.




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Appropriation Bill 2023 [NSW]
Part 4 Appropriations--Special Offices



Part 4       Appropriations--Special Offices
Note-- The total amount appropriated out of the Consolidated Fund for services for the year 2023-24 in
accordance with this part is $601,782,606.

24    Independent Commission Against Corruption
             This Act appropriates the sum of $42,422,429 to the Premier out of the Consolidated
             Fund for the services of the Independent Commission Against Corruption for the
             year 2023-24.
             Note-- The appropriation, together with funds from other sources, is intended to fund--
             (a)  expenses to the sum of $41,330,359, and
             (b)  capital expenditure to the sum of $2,484,000.

25    Independent Pricing and Regulatory Tribunal
             This Act appropriates the sum of $33,934,820 to the Premier out of the Consolidated
             Fund for the services of the Independent Pricing and Regulatory Tribunal for the year
             2023-24.
             Note-- The appropriation, together with funds from other sources, is intended to fund--
             (a)  expenses to the sum of $37,638,812, and
             (b)  capital expenditure to the sum of $180,000.

26    Judicial Commission of New South Wales
             This Act appropriates the sum of $6,279,443 to the Attorney General out of the
             Consolidated Fund for the services of the Judicial Commission of New South Wales
             for the year 2023-24.
             Note-- The appropriation, together with funds from other sources, is intended to fund--
             (a)  expenses to the sum of $7,644,593, and
             (b)  capital expenditure to the sum of $150,000.

27    Law Enforcement Conduct Commission
             This Act appropriates the sum of $26,130,403 to the Premier out of the Consolidated
             Fund for the services of the Law Enforcement Conduct Commission for the year
             2023-24.
             Note-- The appropriation, together with funds from other sources, is intended to fund--
             (a)  expenses to the sum of $26,493,686, and
             (b)  capital expenditure to the sum of $1,100,000.

28    New South Wales Electoral Commission
             This Act appropriates the sum of $167,811,577 to the Premier out of the
             Consolidated Fund for the services of the New South Wales Electoral Commission
             for the year 2023-24.
             Note-- The appropriation, together with funds from other sources, is intended to fund--
             (a)  expenses to the sum of $167,317,893, and
             (b)  capital expenditure to the sum of $16,679,000.

29    Office of the Children's Guardian
             This Act appropriates the sum of $30,680,075 to the Minister for Families and
             Communities out of the Consolidated Fund for the services of the Office of the
             Children's Guardian for the year 2023-24.
             Note-- The appropriation, together with funds from other sources, is intended to fund--
             (a)  expenses to the sum of $62,676,851, and
             (b)  capital expenditure to the sum of $1,439,000.



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Appropriation Bill 2023 [NSW]
Part 4 Appropriations--Special Offices



30    Office of the Director of Public Prosecutions
             This Act appropriates the sum of $211,001,214 to the Attorney General out of the
             Consolidated Fund for the services of the Office of the Director of Public
             Prosecutions for the year 2023-24.
             Note-- The appropriation, together with funds from other sources, is intended to fund--
             (a)  expenses to the sum of $222,837,697, and
             (b)  capital expenditure to the sum of $4,027,000.

31    Ombudsman's Office
             This Act appropriates the sum of $52,878,380 to the Premier out of the Consolidated
             Fund for the services of the Ombudsman's Office for the year 2023-24.
             Note-- The appropriation, together with funds from other sources, is intended to fund--
             (a)  expenses to the sum of $53,788,620, and
             (b)  capital expenditure to the sum of $1,768,000.

32    Public Service Commission
             This Act appropriates the sum of $30,644,265 to the Premier out of the Consolidated
             Fund for the services of the Public Service Commission for the year 2023-24.
             Note-- The appropriation, together with funds from other sources, is intended to fund--
             (a)  expenses to the sum of $40,390,400, and
             (b)  capital expenditure to the sum of $666,000.




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Appropriation Bill 2023 [NSW]
Part 5 Commonwealth transfer payments



Part 5      Commonwealth transfer payments
33    Appropriation for Commonwealth transfer payments
      (1)   This Act appropriates the sum of $6,305,600,000 to the Treasurer out of the
            Consolidated Fund for Commonwealth transfer payments to non-government
            schools and local government for services for the year 2023-24.
      (2)   The sum appropriated is in addition to any other sum appropriated by this Act.
      (3)   The sum appropriated is subject to the Government Sector Finance Act 2018, section
            4.11.




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Appropriation Bill 2023 [NSW]
Part 6 Variations to authorised payments



Part 6       Variations to authorised payments
34    Payments not to be in excess of sums specified
       (1)   Payment of a sum must not be made from the Consolidated Fund for a purpose for
             the year 2023-24 if the sum is more than the sum appropriated for the purpose by this
             Act or the Appropriation (Parliament) Act 2023.
       (2)   Subsection (1) does not limit a payment authorised by--
             (a) this part, or
             (b) the Government Sector Finance Act 2018, Part 4.
35    Variations--contingencies relating to integrity agencies
       (1)   The Treasurer may authorise the payment of a sum appropriated by this Act for a
             purpose specified in Part 4 for an integrity agency other than the Audit Office of New
             South Wales that is more than the sum specified for the purpose if--
             (a) the Treasurer is of the opinion that--
                    (i) the sum appropriated for the purpose is insufficient to enable the
                         purpose to be effectively and efficiently carried out, and
                   (ii) the additional sum is reasonably necessary for the integrity agency to
                         effectively and efficiently carry out the purpose, and
             (b) an equivalent sum is not paid out from the sum appropriated to the Treasurer
                   by section 21.
       (2)   The Treasurer may authorise the payment of a sum from the sum appropriated to the
             Treasurer by section 21 to the Audit Office of New South Wales for the services of
             the Office if the Treasurer is of the opinion that the sum is reasonably necessary for
             the Office to effectively and efficiently carry out the functions the Office and provide
             the services of the Office.
       (3)   In this section--
             integrity agency has the same meaning as in section 21.
36    Variations--Government's response to natural disasters
             The Treasurer may authorise the payment of a sum appropriated for a purpose by this
             Act or the Appropriation (Parliament) Act 2023 that is more than the sum specified
             for the purpose if--
              (a) the Treasurer is of the opinion that the additional sum is reasonably necessary
                    because of expenditure related to the Government's response to address a
                    natural disaster or the impacts of a natural disaster in the Northern Rivers or
                    Central West regions, and
             (b) an equivalent sum is not paid out from the sum appropriated to the Treasurer
                    by section 22.
37    Variations--exigencies of Government and appropriations insufficient for purpose
       (1)   The Treasurer may authorise the payment of a sum appropriated by this Act or the
             Appropriation (Parliament) Act 2023 for a purpose that is more than the sum
             specified for the purpose if--
             (a) the Treasurer is of the opinion that the exigencies of Government require the
                    payment, and
             (b) an equivalent sum is not paid out for another purpose, whether the other
                    purpose is specified in relation to the same or a different Minister.



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Appropriation Bill 2023 [NSW]
Part 6 Variations to authorised payments



       (2)   The Treasurer may authorise the payment of a sum appropriated by this Act for a
             purpose that is more than the sum specified for the purpose if--
             (a) the Treasurer is of the opinion that the sum appropriated for the purpose is
                   insufficient to enable the purpose to be effectively and efficiently carried out,
                   and
             (b) an equivalent sum is identified as surplus to another purpose by the Minister
                   in relation to whom the other purpose is specified, whether the other purpose
                   is specified in relation to the same or a different Minister, and
             (c) the equivalent sum is not paid out for the other purpose.
       (3)   The Treasurer must not, under this section, authorise the payment of a sum
             appropriated under a part of this Act to be paid out for a purpose other than a purpose
             specified in the part.
38    Treasurer must not increase fixed salary or wages
             The Treasurer must not authorise the payment of a sum under this part that increases
             salary or wages if the amount of the salary or wages is fixed by law.
39    Part does not apply to sums appropriated by another Act
             This part does not apply to sums appropriated by another Act except as otherwise
             provided in this part.
40    Treasurer must inform Auditor-General of authorisations
       (1)   The Treasurer must inform the Auditor-General of every authorisation given under
             this part.
       (2)   An authorisation under this part may be given before or after the payment is made.




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Appropriation Bill 2023 [NSW]
Part 7 General



Part 7       General
41    Appointment of person to carry out functions of Treasurer under Part 6
       (1)   The Treasurer may appoint a person to carry out the Treasurer's functions under Part
             6.
       (2)   The appointment is subject to the conditions, if any, that the Treasurer decides.
       (3)   The Treasurer may revoke the appointment at any time.
       (4)   A person appointed under this section has, in place of the Treasurer, the Treasurer's
             function under section 40 of informing the Auditor-General of every authorisation
             given by the person under Part 6.
42    Appointment of accountable authority to identify surplus
       (1)   A Minister may appoint the accountable authority for a GSF agency for which the
             Minister is the responsible Minister to carry out the Minister's functions under
             section 37(2)(b).
       (2)   The appointment is subject to the conditions, if any, that the Minister determines.
       (3)   The Minister may revoke the appointment at any time.
       (4)   In this section--
             accountable authority, for a GSF agency, has the same meaning as in the
             Government Sector Finance Act 2018.
             GSF agency has the same meaning as in the Government Sector Finance Act 2018.
43    Budget-related information
       (1)   Budget-related information--
             (a) does not form part of this Act, and
             (b) does not affect the application of an amount appropriated by this Act.
       (2)   In this section--
             budget-related information means--
              (a) notes included in this Act relating to expenses and capital expenditure, and
             (b) Budget Papers of the Government tabled in Parliament in connection with the
                    Bill for this Act.
             this Act includes the Appropriation (Parliament) Act 2023.
44    Payments authorised on lapse of appropriation
             An amount is taken to have been expended out of a sum appropriated for a purpose
             by this Act if the amount--
             (a) was paid for the purpose out of the Consolidated Fund under the Government
                    Sector Finance Act 2018, section 4.10, and
             (b) was paid on or after 1 July 2023 and before the date of assent to this Act.




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