{"id":"nsw:act-2018-070","name":"Government Sector Finance Legislation (Repeal and Amendment) Act 2018","slug":"government-sector-finance-legislation-repeal-and-amendment-act-2018","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"70 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29173,"registerId":"nsw-act-2018-070-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Government Sector Finance Legislation (Repeal and Amendment) Act 2018](/view/html/inforce/current/act-2018-070).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) This Act commences on a day or days to be appointed by proclamation.\n> \n> > (2) Without limiting subsection (1), an amendment made by Schedule 2 that omits a portion of the [Public Finance and Audit Act 1983](/view/html/inforce/current/act-1983-152) may be commenced on different days so as to enable different provisions of that portion to be omitted separately.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Approval of amendments by Parliamentary Remuneration Tribunal not required","content":"#### 3 Approval of amendments by Parliamentary Remuneration Tribunal not required\n\n3 Approval of amendments by Parliamentary Remuneration Tribunal not required\n\n> Section 4 of the [Parliamentary Contributory Superannuation Act 1971](/view/html/inforce/current/act-1971-053) does not apply to or in respect of this Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Repeal of Act","content":"#### 4 Repeal of Act\n\n4 Repeal of Act\n\n> > (1) This Act is repealed on the day following the day on which all the provisions of this Act have commenced.\n> \n> > (2) The repeal of this Act does not, because of the operation of section 30 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), affect any amendment or repeal made by this Act.","sortOrder":3},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Repeals","content":"# Schedule 1 Repeals\n\nSchedule 1 Repeals\n\nEach of the following is repealed—\n\n> (a) the [Annual Reports (Departments) Act 1985 No 156](/view/html/repealed/current/act-1985-156),\n\n> (b) the [Annual Reports (Statutory Bodies) Act 1984 No 87](/view/html/repealed/current/act-1984-087),\n\n> (c) (Repealed)\n\n> (d) the regulations under each of those Acts.\n\n**sch 1:** Am 1987 No 15, sec 30C.","sortOrder":4},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSchedules 2, 3 (Repealed)\n\n**sch 2:** Am 1987 No 15, sec 30C. Rep 1987 No 15, sec 30C.\n\n**sch 3:** Rep 1987 No 15, sec 30C.","sortOrder":5},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Other amendments to legislation","content":"# Schedule 4 Other amendments to legislation\n\nSchedule 4 Other amendments to legislation\n\n4.1\n\n(Repealed)\n\n4.2 [Aboriginal Land Rights Act 1983 No 42](/view/html/inforce/current/act-1983-042)\n\n4.3\n\n(Repealed)\n\n4.4 [Agricultural Industry Services Act 1998 No 45](/view/html/inforce/current/act-1998-045)\n\n4.5 [Agricultural Livestock (Disease Control Funding) Act 1998 No 139](/view/html/inforce/current/act-1998-139)\n\n4.6–4.11\n\n(Repealed)\n\n4.12 [Casino Control Act 1992 No 15](/view/html/inforce/current/act-1992-015)\n\n4.13, 4.14\n\n(Repealed)\n\n4.15 [Charles Sturt University Act 1989 No 76](/view/html/inforce/current/act-1989-076)\n\n4.16\n\n(Repealed)\n\n4.17 [Children (Education and Care Services National Law Application) Act 2010 No 104](/view/html/inforce/current/act-2010-104)\n\n4.18\n\n(Repealed)\n\n4.19 [Crimes (Administration of Sentences) Act 1999 No 93](/view/html/inforce/current/act-1999-093)\n\n4.20–4.29\n\n(Repealed)\n\n4.30 [Electricity Retained Interest Corporations Act 2015 No 6](/view/html/inforce/current/act-2015-006)\n\n4.31–4.42\n\n(Repealed)\n\n4.43 [Government Telecommunications Act 1991 No 77](/view/html/repealed/current/act-1991-077)\n\n4.44–4.46\n\n(Repealed)\n\n4.47 [Health Practitioner Regulation (Adoption of National Law) Act 2009 No 86](/view/html/inforce/current/act-2009-086)\n\n4.48\n\n(Repealed)\n\n4.49 [Health Services Act 1997 No 154](/view/html/inforce/current/act-1997-154)\n\n4.50–4.52\n\n(Repealed)\n\n4.53 [Housing Act 2001 No 52](/view/html/inforce/current/act-2001-052)\n\n4.54–4.59\n\n(Repealed)\n\n4.60 [Legal Profession Uniform Law Application Act 2014 No 16](/view/html/inforce/current/act-2014-016)\n\n4.61, 4.62\n\n(Repealed)\n\n4.63 [Local Land Services Act 2013 No 51](/view/html/inforce/current/act-2013-051)\n\n4.64\n\n(Repealed)\n\n4.65 [Macquarie University Act 1989 No 126](/view/html/inforce/current/act-1989-126)\n\n4.66–4.76\n\n(Repealed)\n\n4.77 [Ombudsman Act 1974 No 68](/view/html/inforce/current/act-1974-068)\n\n4.78–4.91\n\n(Repealed)\n\n4.92 [Southern Cross University Act 1993 No 69](/view/html/inforce/current/act-1993-069)\n\n4.93, 4.94\n\n(Repealed)\n\n4.95 [State Owned Corporations Act 1989 No 134](/view/html/inforce/current/act-1989-134)\n\n4.96\n\n(Repealed)\n\n4.97 [Superannuation Administration Act 1996 No 39](/view/html/inforce/current/act-1996-039)\n\n4.98–4.104\n\n(Repealed)\n\n4.105 [Transport Administration Act 1988 No 109](/view/html/inforce/current/act-1988-109)\n\n4.106\n\n(Repealed)\n\n4.107 [University of New England Act 1993 No 68](/view/html/inforce/current/act-1993-068)\n\n4.108 [University of New South Wales Act 1989 No 125](/view/html/inforce/current/act-1989-125)\n\n4.109 [University of Newcastle Act 1989 No 68](/view/html/inforce/current/act-1989-068)\n\n4.110 [University of Sydney Act 1989 No 124](/view/html/inforce/current/act-1989-124)\n\n4.111 [University of Technology Sydney Act 1989 No 69](/view/html/inforce/current/act-1989-069)\n\n4.112 [University of Wollongong Act 1989 No 127](/view/html/inforce/current/act-1989-127)\n\n4.113–4.120\n\n(Repealed)\n\n4.121 [Western Sydney University Act 1997 No 116](/view/html/inforce/current/act-1997-116)\n\n4.122 [Workers Compensation Act 1987 No 70](/view/html/inforce/current/act-1987-070)\n\n4.123 [Workplace Injury Management and Workers Compensation Act 1998 No 86](/view/html/inforce/current/act-1998-086)\n\n**sch 4:** Am 1987 No 15, sec 30C; 2019 No 6, Sch 2.1; 2019 No 25, Sch 5.22; 2020 No 37, Sch 2.2; 2021 No 47, Sch 3.2; 2022 No 8, Sch 5.4; 2022 No 14, Sch 8.12; 2022 No 29, sec 3.","sortOrder":6},{"sectionNumber":"110","sectionType":"section","heading":"Report on actions to increase membership of Local Aboriginal Land Councils","content":"#### 110 Report on actions to increase membership of Local Aboriginal Land Councils\n\n110 Report on actions to increase membership of Local Aboriginal Land Councils\n\n> The New South Wales Aboriginal Land Council is to include in its annual reporting information under the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055) a report of the actions it has taken to increase the membership of Local Aboriginal Land Councils.","sortOrder":8},{"sectionNumber":"sch.4-sec","sectionType":"section","heading":"Section 154","content":"#### sch.4-sec Section 154\n\nSection 154\n\n> Omit the section. Insert instead—","sortOrder":12},{"sectionNumber":"154","sectionType":"section","heading":"Matters to be included in Authority’s annual reporting information","content":"#### 154 Matters to be included in Authority’s annual reporting information\n\n154 Matters to be included in Authority’s annual reporting information\n\n> The Authority is to include the following information in the annual reporting information prepared for it under the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)—\n> \n> > (a) details of any casino licence granted during the annual reporting period to which the information relates (including details of the conditions subject to which the licence was granted),\n> \n> > (b) the number of licences granted under Part 4 (Licensing of casino employees) during that reporting period,\n> \n> > (c) details of any changes to the conditions of a licence under this Act made by the Authority during that reporting period,\n> \n> > (d) details of any disciplinary action taken by the Authority against a casino operator during that reporting period,\n> \n> > (e) a summary of any disciplinary action taken by the Authority during that reporting period against persons licensed under Part 4,\n> \n> > (f) details of any directions given by the Minister under section 5 (Directions by the Minister to protect integrity of casino gaming),\n> \n> > (g) a summary of the outcome of any investigation or inquiry carried out by the Authority under this Act during that reporting period.","sortOrder":13},{"sectionNumber":"5","sectionType":"section","heading":null,"content":"#### 5\n\n\\[1\\]–\\[5\\] (Repealed)","sortOrder":18},{"sectionNumber":"6","sectionType":"section","heading":null,"content":"#### 6\n\n\\[1\\]–\\[6\\] (Repealed)","sortOrder":38}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to have operated within its original stated purpose — repealing outdated government finance legislation and amending related laws to support the new Government Sector Finance Act 2018 framework. The staged commencement over several years reflects implementation planning rather than a change in scope. No evidence of scope creep is apparent from this extract."},"complexity_factors":["Amends a large number of other pieces of legislation simultaneously, requiring cross-referencing across multiple Acts","Staged commencement — different provisions came into force at different times across multiple years (2018–2023), creating a complex timeline","Self-repealing mechanism adds a layer of interpretive complexity (knowing which provisions are still live)","Operates as a transitional/machinery law, meaning its effect is only fully understood by reading it alongside the Government Sector Finance Act 2018 and the laws it amends","Interacts with the Interpretation Act 1987 (NSW) automatic repeal provisions, adding another layer of legal mechanics","Limited substantive content is visible in this extract — the operative provisions (actual repeals and amendments) are not shown, making full analysis difficult","Designed for government insiders and legal professionals, not the general public — assumes familiarity with NSW public finance structures"],"plain_english_summary":"This Act is a housekeeping, transitional law that repeals outdated NSW government finance statutes and amends many other laws so they align with the new Government Sector Finance Act 2018. It mainly affects NSW agencies, statutory bodies and public servants by reshaping budgeting, spending and reporting arrangements for public money. The Act has been rolled out since 2018, contains a self‑repeal clause, and the latest changes took effect in October 2023."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act shifts annual-reporting duties from standalone annual-reports Acts into the Government Sector Finance Act 2018 (sch 1) and imposes new, specific annual-reporting particulars for named bodies (NSW Aboriginal Land Council — s110, s161; Casino Authority — replacement s154; Dept of Justice monitoring report — amended s242). It therefore centralises and extends disclosure obligations for specified public authorities and removes the separate older reporting statutes."},"complexity_factors":["Multiple repeals and consolidations (Schedule 1 repeals Annual Reports (Departments) Act 1985 and Annual Reports (Statutory Bodies) Act 1984 and their regulations)","Extensive schedule of amendments across many Acts (Schedule 4 lists numerous acts amended or with repealed entries)","Targeted insertion and replacement of reporting obligations in existing Acts (e.g. new s110, amended s161, replacement s154, amended s242)","Commencement by proclamation with provision for staggered commencement of parts (s2(1) and s2(2)), adding implementation sequencing complexity","Self-repeal clause that triggers when all provisions have commenced (s4), requiring tracking of commencement status","Exemption from approval by the Parliamentary Remuneration Tribunal for these amendments (s3), changing the usual approval pathway","Cross-references to Government Sector Finance Act 2018 and other statutes create dependency on external instruments and reporting frameworks"],"plain_english_summary":"This Act repeals older annual-reporting statutes and consolidates reporting obligations under the Government Sector Finance Act 2018, while adding targeted annual-reporting requirements for specific bodies (notably the New South Wales Aboriginal Land Council and the Casino Authority). It makes assorted amendments across many Acts, fixes commencement by proclamation (allowing staggered starts), and provides that the Act will repeal itself once all its provisions have commenced. It increases reporting and administrative obligations for the public agencies named."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec 4(1) / Status Information (Proposed Repeal note)","severity":"high","reasoning":"The self-repeal in sec 4(1) is conditioned on all provisions commencing. If some provisions are deliberately or structurally unable to commence (e.g., because they depend on proclamation or other contingent events that have not occurred), the Act can never satisfy its own repeal condition. The Act is thus theoretically immortal despite its express intention to be temporary. A repeal Act that cannot repeal itself is logically absurd.","confidence":0.92,"description":"The Act contains a self-repeal mechanism triggered by the commencement of all its own provisions, yet the Status Information confirms that as of 1 October 2023 — over five years after enactment — 'some, but not all, of the provisions displayed in this version of the legislation have commenced.' This means the Act is perpetually suspended in a state where it cannot repeal itself, because the very condition precedent for its self-repeal (full commencement) has not been satisfied after half a decade."},{"type":"circular_definition","section":"sec 4(1) read with Status Information (Proposed Repeal note)","severity":"medium","reasoning":"If sec 4(1) is included in 'all provisions' that must commence, then on the day it commences (assuming it is the last provision to do so), the Act is repealed the following day — including sec 4(1) itself. The provision that causes the repeal is simultaneously destroyed by the repeal it causes. While this is intentional in a drafting sense, it creates a logical loop where the authority for the repeal vanishes simultaneously with (or immediately after) the repeal taking effect.","confidence":0.75,"description":"Section 4(1) purports to repeal the Act on 'the day following the day on which all of the provisions of this Act have commenced.' For sec 4(1) itself to operate, it must already be in force — meaning it is one of the provisions that must commence before the repeal can be triggered. This creates a bootstrapping problem: sec 4(1) is both a precondition to the repeal and the mechanism of the repeal, raising the question of whether sec 4(1) commencing counts toward 'all provisions' commencing, and whether the repeal then immediately extinguishes the very provision that just triggered it."},{"type":"other","section":"Status Information — 'Provisions in force' / Timeline","severity":"medium","reasoning":"Repeal and amendment Acts are paradigmatically short-lived instruments. An Act whose raison d'être is to repeal and amend other legislation, but which itself cannot be repealed because its own provisions have not fully commenced, has become a legislative zombie — formally alive but functionally purposeless in its residual, uncommenced portions.","confidence":0.8,"description":"The Act was accessed on 1 April 2026 and remains 'in force' with its current version dated from 1 October 2023. As a Repeal and Amendment Act — a transitional instrument expressly designed to be temporary — the continued existence of uncommenenced provisions more than seven years after enactment (2018–2026) undermines the entire legislative purpose of the Act and renders its transitional character nugatory."}],"contradictions":[{"severity":"high","section_a":"Status Information — 'Proposed Repeal' note (sec 4(1)): Act to be repealed once all provisions have commenced","section_b":"Status Information — 'Provisions in force': 'Some, but not all, of the provisions displayed in this version of the legislation have commenced'","confidence":0.93,"description":"The Act expressly provides for its own repeal upon full commencement of all provisions, yet simultaneously acknowledges (as of 1 October 2023, accessed 1 April 2026) that not all provisions have commenced. These two facts are in direct tension: the Act cannot achieve the state it requires to trigger its own termination, leaving it in indefinite legal limbo contrary to its stated design."},{"severity":"medium","section_a":"Status Information — 'Proposed Repeal' note: self-repeal mechanism under sec 4(1)","section_b":"Status Information — 'Note': amending provisions subject to automatic repeal under sec 30C of the Interpretation Act 1987 once amendments have taken effect","confidence":0.7,"description":"Two separate repeal mechanisms are potentially applicable to provisions within the Act: the Act's own sec 4(1) self-repeal, and the automatic repeal under sec 30C of the Interpretation Act 1987. If amending provisions are automatically repealed under sec 30C once they take effect, those provisions may no longer count as 'provisions of this Act' for the purposes of sec 4(1)'s commencement trigger. This could mean provisions are deemed repealed before they are formally 'commenced' for sec 4(1) purposes, or conversely that sec 4(1) is rendered redundant by sec 30C — creating an ambiguity as to which repeal regime governs and potentially making it impossible to determine when 'all provisions have commenced' for sec 4(1) purposes."}]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation performs exactly as its title suggests: repealing specific annual reporting Acts and amending other legislation to reference the new Government Sector Finance Act 2018. The scope has not expanded beyond this transitional, machinery purpose."},"complexity_factors":["Simple, mechanical structure: the Act is essentially a list of repeals and textual substitutions","No substantive policy content — it only changes cross-references and repeals spent legislation","Extensive use of '(Repealed)' placeholders indicating amendments made by other Acts since original passage","Self-repealing mechanism (section 4) adds a procedural twist but is clearly expressed","Minimal defined terms (essentially none beyond standard interpretation)","No nested conditional logic or exceptions to exceptions"],"plain_english_summary":"This Act is a 'clean-up' law that makes way for a new system of financial management across the NSW Government.\n\n**What it does:**\n- **Repeals old laws** that governed how government departments and public bodies reported their finances and performance (specifically the *Annual Reports (Departments) Act 1985* and *Annual Reports (Statutory Bodies) Act 1984*).\n- **Updates dozens of other laws** to replace references to the old reporting requirements with references to the new *Government Sector Finance Act 2018*.\n\n**Who it affects:**\n- NSW Government departments and agencies\n- Statutory bodies (like the Casino Control Authority, Aboriginal Land Council, universities, and various other public entities)\n- Anyone who reads or relies on government annual reports\n\n**Why it matters:**\nThe old financial reporting system was fragmented across multiple Acts. This legislation sweeps away the old framework and ensures all these organisations now report under one unified system. It's essentially the demolition crew that clears the site before the new building (the *Government Sector Finance Act 2018*) becomes fully operational.\n\n**Special features:**\n- The Act **self-destructs** once all its provisions have started operating (section 4) — it's designed to be temporary machinery for transition.\n- It allows different parts of the reforms to start on different days, giving the government flexibility in implementation.\n- It exempts itself from needing approval by the Parliamentary Remuneration Tribunal (which normally has a say on laws affecting politicians' superannuation)."}},"importantCases":[],"_links":{"self":"/api/acts/government-sector-finance-legislation-repeal-and-amendment-act-2018","history":"/api/acts/government-sector-finance-legislation-repeal-and-amendment-act-2018/history","analysis":"/api/acts/government-sector-finance-legislation-repeal-and-amendment-act-2018/analysis","conflicts":"/api/acts/government-sector-finance-legislation-repeal-and-amendment-act-2018/conflicts","importantCases":"/api/acts/government-sector-finance-legislation-repeal-and-amendment-act-2018/important-cases","documents":"/api/acts/government-sector-finance-legislation-repeal-and-amendment-act-2018/documents"}}