An Act to appropriate out of the Consolidated Fund sums for the recurrent services and capital works and services of the Government for the year 2008–09 and to make additional appropriations to give effect to budget variations for the years 2007–08 and 2006–07.

Part 1 Preliminary

1   Name of Act

This Act is the Appropriation Act 2008.

2   Commencement

This Act commences or is taken to have commenced on 1 July 2008.

3   Interpretation

In this Act:

(a)  a reference to the year 2006–07 is a reference to the year from 1 July 2006 to 30 June 2007, and

(b)  a reference to the year 2007–08 is a reference to the year from 1 July 2007 to 30 June 2008, and

(c)  a reference to the year 2008–09 is a reference to the year from 1 July 2008 to 30 June 2009.

Part 2 Appropriations out of the Consolidated Fund

Division 1 Appropriations for the year 2008–09

4   General appropriation from Consolidated Fund 2008–09 for recurrent services

(1)  Out of the Consolidated Fund there are hereby appropriated the sums identified in sections 6 to 25, inclusive, as the sums appropriated by this Act for recurrent services, which sums may be issued and applied for or towards the several uses and purposes expressed in those sections for the recurrent services of the Government for the year 2008–09.

(2)  The total sum appropriated out of the Consolidated Fund for the recurrent services of the Government for the year 2008–09, in accordance with the provisions of sections 6 to 25, inclusive, is the sum of $40,463,358,000.

(3)  Any amounts expended for recurrent services under section 25 of the Public Finance and Audit Act 1983 or any Supply Act on or after 1 July 2008 and before the date of assent to this Act are taken to have been expended out of such of the sums for recurrent services set out in sections 6 to 25, inclusive, as may be determined by the Treasurer.

5   General appropriation from Consolidated Fund 2008–09 for capital works and services

(1)  Out of the Consolidated Fund there are hereby appropriated the sums identified in sections 6 to 25, inclusive, as the sums appropriated by this Act for capital works and services, which sums may be issued and applied for or towards the several uses and purposes expressed in those sections for capital works and services for the year 2008–09.

(2)  The total sum appropriated out of the Consolidated Fund for capital works and services for the year 2008–09, in accordance with the provisions of sections 6 to 25, inclusive, is the sum of $4,132,597,000.

(3)  Any amounts expended for capital works and services under section 25 of the Public Finance and Audit Act 1983 or any Supply Act on or after 1 July 2008 and before the date of assent to this Act are taken to have been expended out of such of the sums for capital works and services set out in sections 6 to 25, inclusive, as may be determined by the Treasurer.

6   Premier, and Minister for Citizenship

(1)  RECURRENT SERVICES: The sum of $241,744,000 is hereby appropriated to the Premier, and Minister for Citizenship for the recurrent services of the following:

		$,000
01.	Department of Premier and Cabinet	209,368
02.	Independent Pricing and Regulatory Tribunal of New South Wales	16,151
03.	Natural Resources Commission	4,499
04.	Community Relations Commission of New South Wales	11,726
	Total, Recurrent Services	241,744

(2)  CAPITAL WORKS AND SERVICES: The sum of $2,573,000 is hereby appropriated to the Premier, and Minister for Citizenship for the capital works and services of the following:

		$,000
01.	Department of Premier and Cabinet	2,318
02.	Independent Pricing and Regulatory Tribunal of New South Wales	180
03.	Community Relations Commission of New South Wales	75
	Total, Capital Works and Services	2,573

7   Deputy Premier, Minister for Transport, and Minister for Finance

(1)  RECURRENT SERVICES: The sum of $3,748,899,000 is hereby appropriated to the Deputy Premier, Minister for Transport, and Minister for Finance for the recurrent services of the following:

		$,000
01.	World Youth Day Co-ordination Authority	55,278
02.	Ministry of Transport	3,675,897
03.	Independent Transport Safety and Reliability Regulator	15,632
04.	Office of Transport Safety Investigations	2,092
	Total, Recurrent Services	3,748,899

(2)  CAPITAL WORKS AND SERVICES: The sum of $1,725,000 is hereby appropriated to the Deputy Premier, Minister for Transport, and Minister for Finance for the capital works and services of the following:

		$,000
01.	World Youth Day Co-ordination Authority	30
02.	Ministry of Transport	1,595
03.	Independent Transport Safety and Reliability Regulator	100
	Total, Capital Works and Services	1,725

8   Minister for Ageing, and Minister for Disability Services

(1)  RECURRENT SERVICES: The sum of $1,935,451,000 is hereby appropriated to the Minister for Ageing, and Minister for Disability Services for the recurrent services of the following:

		$,000
01.	Department of Ageing, Disability and Home Care	1,935,451
	Total, Recurrent Services	1,935,451

(2)  CAPITAL WORKS AND SERVICES: The sum of $115,231,000 is hereby appropriated to the Minister for Ageing, and Minister for Disability Services for the capital works and services of the following:

		$,000
01.	Department of Ageing, Disability and Home Care	115,231
	Total, Capital Works and Services	115,231

9   Attorney General, and Minister for Justice

(1)  RECURRENT SERVICES: The sum of $1,281,307,000 is hereby appropriated to the Attorney General, and Minister for Justice for the recurrent services of the following:

		$,000
01.	Attorney General’s Department	414,979
02.	Judicial Commission of New South Wales	4,278
03.	Legal Aid Commission of New South Wales	88,945
04.	Department of Corrective Services	773,105
	Total, Recurrent Services	1,281,307

(2)  CAPITAL WORKS AND SERVICES: The sum of $149,540,000 is hereby appropriated to the Attorney General, and Minister for Justice for the capital works and services of the following:

		$,000
01.	Attorney General’s Department	48,013
02.	Judicial Commission of New South Wales	150
03.	Legal Aid Commission of New South Wales	3,600
04.	Department of Corrective Services	97,777
	Total, Capital Works and Services	149,540

10   Minister for Climate Change and the Environment, Minister for Women, Minister for Science and Medical Research, and Minister Assisting the Minister for Health (Cancer)

(1)  RECURRENT SERVICES: The sum of $742,720,000 is hereby appropriated to the Minister for Climate Change and the Environment, Minister for Women, Minister for Science and Medical Research, and Minister Assisting the Minister for Health (Cancer) for the recurrent services of the following:

		$,000
01.	Department of Environment and Climate Change	635,945
02.	Environmental Trust	88,695
03.	Royal Botanic Gardens and Domain Trust	18,080
	Total, Recurrent Services	742,720

(2)  CAPITAL WORKS AND SERVICES: The sum of $84,558,000 is hereby appropriated to the Minister for Climate Change and the Environment, Minister for Women, Minister for Science and Medical Research, and Minister Assisting the Minister for Health (Cancer) for the capital works and services of the following:

		$,000
01.	Department of Environment and Climate Change	81,923
02.	Royal Botanic Gardens and Domain Trust	2,635
	Total, Capital Works and Services	84,558

11   Minister for Community Services

(1)  RECURRENT SERVICES: The sum of $1,299,456,000 is hereby appropriated to the Minister for Community Services for the recurrent services of the following:

		$,000
01.	Department of Community Services	1,299,456
	Total, Recurrent Services	1,299,456

(2)  CAPITAL WORKS AND SERVICES: The sum of $21,256,000 is hereby appropriated to the Minister for Community Services for the capital works and services of the following:

		$,000
01.	Department of Community Services	21,256
	Total, Capital Works and Services	21,256

12   Minister for Education and Training, Minister for Industrial Relations, Minister for the Central Coast, and Minister Assisting the Minister for Finance

(1)  RECURRENT SERVICES: The sum of $9,292,504,000 is hereby appropriated to the Minister for Education and Training, Minister for Industrial Relations, Minister for the Central Coast, and Minister Assisting the Minister for Finance for the recurrent services of the following:

		$,000
01.	Department of Education and Training	9,197,631
02.	Office of the Board of Studies	94,873
	Total, Recurrent Services	9,292,504

(2)  CAPITAL WORKS AND SERVICES: The sum of $672,353,000 is hereby appropriated to the Minister for Education and Training, Minister for Industrial Relations, Minister for the Central Coast, and Minister Assisting the Minister for Finance for the capital works and services of the following:

		$,000
01.	Department of Education and Training	670,753
02.	Office of the Board of Studies	1,600
	Total, Capital Works and Services	672,353

13   Minister for Emergency Services, and Minister for Water

(1)  RECURRENT SERVICES: The sum of $594,504,000 is hereby appropriated to the Minister for Emergency Services, and Minister for Water for the recurrent services of the following:

		$,000
01.	New South Wales Fire Brigades	508,576
02.	Department of Rural Fire Service	45,332
03.	State Emergency Service	40,596
	Total, Recurrent Services	594,504

(2)  CAPITAL WORKS AND SERVICES: The sum of $15,695,000 is hereby appropriated to the Minister for Emergency Services, and Minister for Water for the capital works and services of the following:

		$,000
01.	New South Wales Fire Brigades	12,271
02.	Department of Rural Fire Service	310
03.	State Emergency Service	3,114
	Total, Capital Works and Services	15,695

14   Minister for Fair Trading, Minister for Youth, and Minister for Volunteering

(1)  RECURRENT SERVICES: The sum of $11,685,000 is hereby appropriated to the Minister for Fair Trading, Minister for Youth, and Minister for Volunteering for the recurrent services of the following:

		$,000
01.	Office for Children	11,685
	Total, Recurrent Services	11,685

(2)  CAPITAL WORKS AND SERVICES: The sum of $99,000 is hereby appropriated to the Minister for Fair Trading, Minister for Youth, and Minister for Volunteering for the capital works and services of the following:

		$,000
01.	Office for Children	99
	Total, Capital Works and Services	99

15   Minister for Gaming and Racing, and Minister for Sport and Recreation

(1)  RECURRENT SERVICES: The sum of $6,558,000 is hereby appropriated to the Minister for Gaming and Racing, and Minister for Sport and Recreation for the recurrent services of the following:

		$,000
01.	Casino, Liquor and Gaming Control Authority	6,558
	Total, Recurrent Services	6,558

(2)  CAPITAL WORKS AND SERVICES: The sum of $70,000 is hereby appropriated to the Minister for Gaming and Racing, and Minister for Sport and Recreation for the capital works and services of the following:

		$,000
01.	Casino, Liquor and Gaming Control Authority	70
	Total, Capital Works and Services	70

16   Minister for Health

(1)  RECURRENT SERVICES: The sum of $10,626,351,000 is hereby appropriated to the Minister for Health for the recurrent services of the following:

		$,000
01.	Department of Health	10,616,608
02.	Health Care Complaints Commission	9,743
	Total, Recurrent Services	10,626,351

(2)  CAPITAL WORKS AND SERVICES: The sum of $436,252,000 is hereby appropriated to the Minister for Health for the capital works and services of the following:

		$,000
01.	Department of Health	436,061
02.	Health Care Complaints Commission	191
	Total, Capital Works and Services	436,252

17   Minister for Housing, and Minister for Tourism

RECURRENT SERVICES: The sum of $582,718,000 is hereby appropriated to the Minister for Housing, and Minister for Tourism for the recurrent services of the following:

		$,000
01.	Payments to other Government bodies under the control of the Minister for Housing	582,718
	Total, Recurrent Services	582,718

18   Minister for Juvenile Justice, Minister for Western Sydney, and Minister Assisting the Premier on Citizenship

(1)  RECURRENT SERVICES: The sum of $150,954,000 is hereby appropriated to the Minister for Juvenile Justice, Minister for Western Sydney, and Minister Assisting the Premier on Citizenship for the recurrent services of the following:

		$,000
01.	Department of Juvenile Justice	150,954
	Total, Recurrent Services	150,954

(2)  CAPITAL WORKS AND SERVICES: The sum of $16,394,000 is hereby appropriated to the Minister for Juvenile Justice, Minister for Western Sydney, and Minister Assisting the Premier on Citizenship for the capital works and services of the following:

		$,000
01.	Department of Juvenile Justice	16,394
	Total, Capital Works and Services	16,394

19   Minister for Lands, Minister for Rural Affairs, and Minister for Regional Development

(1)  RECURRENT SERVICES: The sum of $62,971,000 is hereby appropriated to the Minister for Lands, Minister for Rural Affairs, and Minister for Regional Development for the recurrent services of the following:

		$,000
01.	Department of Lands	62,971
	Total, Recurrent Services	62,971

(2)  CAPITAL WORKS AND SERVICES: The sum of $628,000 is hereby appropriated to the Minister for Lands, Minister for Rural Affairs, and Minister for Regional Development for the capital works and services of the following:

		$,000
01.	Department of Lands	628
	Total, Capital Works and Services	628

20   Minister for Local Government, Minister for Aboriginal Affairs, and Minister Assisting the Minister for Health (Mental Health)

(1)  RECURRENT SERVICES: The sum of $109,949,000 is hereby appropriated to the Minister for Local Government, Minister for Aboriginal Affairs, and Minister Assisting the Minister for Health (Mental Health) for the recurrent services of the following:

		$,000
01.	Department of Local Government	85,667
02.	Department of Aboriginal Affairs	24,282
	Total, Recurrent Services	109,949

(2)  CAPITAL WORKS AND SERVICES: The sum of $230,000 is hereby appropriated to the Minister for Local Government, Minister for Aboriginal Affairs, and Minister Assisting the Minister for Health (Mental Health) for the capital works and services of the following:

		$,000
01.	Department of Local Government	150
02.	Department of Aboriginal Affairs	80
	Total, Capital Works and Services	230

21   Minister for Planning, Minister for Redfern Waterloo, and Minister for the Arts

(1)  RECURRENT SERVICES: The sum of $476,397,000 is hereby appropriated to the Minister for Planning, Minister for Redfern Waterloo, and Minister for the Arts for the recurrent services of the following:

		$,000
01.	Department of Planning	65,365
02.	Department of the Arts, Sport and Recreation	374,438
03.	Sydney Olympic Park Authority	36,594
	Total, Recurrent Services	476,397

(2)  CAPITAL WORKS AND SERVICES: The sum of $35,304,000 is hereby appropriated to the Minister for Planning, Minister for Redfern Waterloo, and Minister for the Arts for the capital works and services of the following:

		$,000
01.	Department of Planning	3,164
02.	Department of the Arts, Sport and Recreation	25,329
03.	Sydney Olympic Park Authority	6,811
	Total, Capital Works and Services	35,304

22   Minister for Police, and Minister for the Illawarra

(1)  RECURRENT SERVICES: The sum of $2,077,542,000 is hereby appropriated to the Minister for Police, and Minister for the Illawarra for the recurrent services of the following:

		$,000
01.	Ministry for Police	7,101
02.	NSW Police Force	2,040,348
03.	New South Wales Crime Commission	12,802
04.	Police Integrity Commission	17,291
	Total, Recurrent Services	2,077,542

(2)  CAPITAL WORKS AND SERVICES: The sum of $140,087,000 is hereby appropriated to the Minister for Police, and Minister for the Illawarra for the capital works and services of the following:

		$,000
01.	Ministry for Police	69
02.	NSW Police Force	136,667
03.	New South Wales Crime Commission	1,561
04.	Police Integrity Commission	1,790
	Total, Capital Works and Services	140,087

23   Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development

(1)  RECURRENT SERVICES: The sum of $970,008,000 is hereby appropriated to the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development for the recurrent services of the following:

		$,000
01.	Department of Primary Industries	237,614
02.	New South Wales Rural Assistance Authority	173,509
03.	Department of Water and Energy	388,133
04.	Department of State and Regional Development	170,752
	Total, Recurrent Services	970,008

(2)  CAPITAL WORKS AND SERVICES: The sum of $19,941,000 is hereby appropriated to the Minister for Primary Industries, Minister for Energy, Minister for Mineral Resources, and Minister for State Development for the capital works and services of the following:

		$,000
01.	Department of Primary Industries	10,019
02.	New South Wales Rural Assistance Authority	50
03.	Department of Water and Energy	8,798
04.	Department of State and Regional Development	1,074
	Total, Capital Works and Services	19,941

24   Minister for Roads, and Minister for Commerce

(1)  RECURRENT SERVICES: The sum of $1,689,167,000 is hereby appropriated to the Minister for Roads, and Minister for Commerce for the recurrent services of the following:

		$,000
01.	Roads and Traffic Authority of New South Wales	1,536,128
02.	Department of Commerce	153,039
	Total, Recurrent Services	1,689,167

(2)  CAPITAL WORKS AND SERVICES: The sum of $2,126,463,000 is hereby appropriated to the Minister for Roads, and Minister for Commerce for the capital works and services of the following:

		$,000
01.	Roads and Traffic Authority of New South Wales	2,115,154
02.	Department of Commerce	11,309
	Total, Capital Works and Services	2,126,463

25   Treasurer, Minister for Infrastructure, and Minister for the Hunter

(1)  RECURRENT SERVICES: The sum of $4,352,473,000 is hereby appropriated to the Treasurer, Minister for Infrastructure, and Minister for the Hunter for the recurrent services of the following:

		$,000
01.	Treasury	150,904
02.	Crown Finance Entity	3,901,569
03.	Advance to the Treasurer	300,000
	Total, Recurrent Services	4,352,473

(2)  CAPITAL WORKS AND SERVICES: The sum of $294,198,000 is hereby appropriated to the Treasurer, Minister for Infrastructure, and Minister for the Hunter for the capital works and services of the following:

		$,000
01.	Treasury	8,556
02.	Crown Finance Entity	185,642
03.	Advance to the Treasurer	100,000
	Total, Capital Works and Services	294,198

Division 2 Budget variations for the year 2007–08

26   General appropriation from Consolidated Fund 2007–08

(1)  Out of the Consolidated Fund there is hereby appropriated the sum specified in Column 1 of Schedule 1, to the Minister specified in relation to that sum, for recurrent services, which sum may be issued and applied for or towards the use and purpose of the Government for the year 2007–08 specified opposite that sum in Schedule 1.

(2)  The total sum appropriated out of the Consolidated Fund in accordance with the provisions of this section and Schedule 1 is the sum of $250,000,000.

Division 3 Budget variations for the year 2006–07

27   Adjustment of “Advance to the Treasurer”, 2006–07

The sum of $120,068,000 is hereby appropriated out of the Consolidated Fund in adjustment of the vote “Advance to the Treasurer”, 2006–07, for supplementary charges made during the year 2006–07 in the amounts specified in Column 1 of Schedule 2 for recurrent services, and capital works and services, specified in relation to those amounts in Schedule 2.

28   Payments made during 2006–07 under section 22 of the Public Finance and Audit Act 1983

The sum of $9,596,000, being the total of the sums specified in Column 2 of Schedule 2, and made in anticipation of appropriation by Parliament under section 22 (1) of the Public Finance and Audit Act 1983, is hereby appropriated out of the Consolidated Fund to provide for the payments for recurrent services required for the exigencies of Government during the year 2006–07 specified opposite those sums in Schedule 2.

Part 3 Additional appropriation for health related services

29   Additional appropriation from Consolidated Fund 2008–09 for recurrent services

(1)  Out of the Consolidated Fund there is hereby appropriated the sum identified in section 30, to the Minister specified in relation to that sum, for recurrent services, which sum may be issued and applied for or towards the use and purpose expressed in that section for the recurrent services of the Government for the year 2008–09.

(2)  The total sum appropriated out of the Consolidated Fund in accordance with the provisions of this Part is the sum of $210,000,000.

(3)  The sum appropriated by this Part is in addition to any other sum appropriated by this Act for recurrent services.

(4)  Any amounts expended for recurrent services under section 25 of the Public Finance and Audit Act 1983 or any Supply Act on or after 1 July 2008 and before the date of assent to this Act are taken to have been expended out of such of the sum for recurrent services set out in section 30 as may be determined by the Treasurer.

30   Special appropriation to Minister for Health—additional revenue from gaming machine taxes

RECURRENT SERVICES: The sum of $210,000,000 is hereby appropriated to the Minister for Health for the recurrent services of the following:

		$,000
01.	Department of Health	210,000
	Total, Recurrent Services	210,000

Note. This Part allocates additional revenue raised in connection with changes to gaming machine taxes to the Minister for Health for spending on recurrent health related services.

Part 4 General

31   Variation of authorised payments from Consolidated Fund

(1)  In this section, purpose means a purpose specified in Part 2 or 3 in relation to a Minister to which a sum is appropriated for recurrent services or for capital works and services.

(2)  Payment of a sum appropriated under Part 2 or 3 for a purpose may not be made in excess of the sum specified for the purpose or, if the same purpose is specified in Parts 2 and 3, the total sum specified for that purpose, except as provided by this section or Division 4 of Part 2 of the Public Finance and Audit Act 1983.

(3)  If the exigencies of government so require, the Treasurer may authorise the payment of a sum in excess of the sum or total sum specified for a purpose, but only if 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, subject to subsections (4) and (5).

(4)  A sum appropriated for recurrent services may only be paid out for recurrent services and a sum appropriated for capital works and services may only be paid out for capital works and services.

(5)  A sum appropriated under Part 3 may only be paid out for a purpose specified in Part 3.

(6)  This section does not apply to sums appropriated by another Act.

(7)  This section does not enable the Treasurer to authorise the payment of a sum in augmentation of, or as an addition to, any salary or wages the amount of which has been fixed by law.

(8)  The Treasurer is to inform the Auditor-General of every authorisation given under this section.

(9)  An authorisation under this section may be given before or after the relevant payment is made.

32   Appointment of person to carry out the functions of the Treasurer under section 31

(1)  The Treasurer may appoint a person to carry out the Treasurer’s functions under section 31.

(2)  Any such appointment is subject to such conditions (if any) as the Treasurer determines.

(3)  The Treasurer may revoke any such appointment at any time.

(4)  A person appointed under this section has, in place of the Treasurer, the Treasurer’s function under section 31 (8) of informing the Auditor-General of every authorisation given by the person under section 31.

33   Delayed restructures

(1)  Without limiting section 31, if the responsibility for a service or function for which an appropriation is made in this Act is transferred after 1 July 2008 because of the determination made before that date by the Premier to create new ministries, or to change or abolish existing ministries, and consequently to create, restructure or abolish any authority, the appropriation does not lapse and may be issued and applied, in accordance with such determination as may be made by the Treasurer, for or towards the service or function the responsibility for which is transferred.

(2)  Section 24 of the Public Finance and Audit Act 1983 does not apply to or in respect of an appropriation, service or function to which this section applies.

34   Operation of budget variations

(1)  Division 2 of Part 2 and Schedule 1 are to be construed as if they formed part of the annual Appropriation Act for the year 2007–08 and to have effect as if this Act had commenced at the start of that year.

(2)  Division 3 of Part 2 and Schedule 2 are to be construed as if they formed part of the annual Appropriation Act for the year 2006–07 and to have effect as if this Act had commenced at the start of that year.

(3)  The issue and payment before the date of assent to this Act out of the Consolidated Fund of the whole or any part of the sums appropriated by Division 3 of Part 2 is validated.

(4)  This section does not authorise the expenditure of any sum appropriated by Division 2 of Part 2 before the date of assent to this Act.

(5)  This section applies whether this Act is assented to during or after the year in respect of which the relevant budget variations apply.

35   Tabling of Budget Papers

(1)  If the Legislative Assembly is not sitting at the time when a Budget Paper for the year 2008–09 is sought to be tabled in the Legislative Assembly, a Minister may, for the purpose of complying with section 27AB of the Public Finance and Audit Act 1983, present the Budget Paper to the Clerk of the Legislative Assembly to be dealt with in accordance with section 63C of that Act.

(2)  Section 63C of the Public Finance and Audit Act 1983 applies in relation to a Budget Paper that is presented to the Clerk of the Legislative Assembly under this section in the same way as it applies to a report presented to the Clerk of the Legislative Assembly under a provision of that Act.

Schedule 1 Payments during 2007–2008

(Section 26)

Schedule 2 Payments during 2006–2007

(Sections 27 and 28)

Historical notes

The following abbreviations are used in the Historical notes:

See also the Appropriation (Parliament) Act 2008, the Appropriation (Special Offices) Act 2008 and the State Revenue and Other Legislation Amendment (Budget) Act 2008.

Table of amending instruments

Appropriation Act 2008 No 45. Assented to 30.6.2008. Date of commencement, 1.7.2008, sec 2.