{"id":"nsw:act-2011-032","name":"Restart NSW Fund Act 2011","slug":"restart-nsw-fund-act-2011","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"32 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174788,"registerId":"nsw-nsw:act-2011-032-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Restart NSW Fund Act 2011](/view/html/inforce/current/act-2011-032).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on the date of assent to this Act.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Object of Act","content":"#### 3 Object of Act\n\n3 Object of Act\n\n> The object of this Act is to establish the Restart NSW Fund for the purpose of setting aside funding for and securing the delivery of major infrastructure projects and other necessary infrastructure.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\n\n> > (1) In this Act:\n> > \n> > function includes a power, authority or duty, and exercise a function includes perform a duty.\n> > \n> > government agency means:\n> > \n> > > (a) a public authority constituted by or under an Act, or\n> > \n> > > (b) a NSW Government agency, or\n> > \n> > > (c) a Division of the Government Service, or\n> > \n> > > (d) a local council or other local authority, or\n> > \n> > > (e) a State owned corporation.\n> > \n> > Infrastructure NSW means Infrastructure NSW constituted under the [Infrastructure NSW Act 2011](/view/html/inforce/current/act-2011-023).\n> > \n> > major infrastructure project has the same meaning as it has in the [Infrastructure NSW Act 2011](/view/html/inforce/current/act-2011-023).\n> > \n> > Note—\n> > \n> > The expression is defined in that Act to mean a project to provide infrastructure:\n> > \n> > > (a) that has a capital investment value of more than $100 million, or\n> > \n> > > (b) that is nominated by the Premier as a special project requiring oversight or co-ordination by Infrastructure NSW.\n> > \n> > the Fund means the Restart NSW Fund established under Part 2.\n> \n> > (2) Notes included in this Act do not form part of this Act.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Restart NSW Fund","content":"# Part 2 Restart NSW Fund\n\nPart 2 Restart NSW Fund","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Establishment of Restart NSW Fund","content":"#### 5 Establishment of Restart NSW Fund\n\n5 Establishment of Restart NSW Fund\n\n> There is to be established in the Special Deposits Account a fund called the Restart NSW Fund.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Purpose of Restart NSW Fund","content":"#### 6 Purpose of Restart NSW Fund\n\n6 Purpose of Restart NSW Fund\n\n> > (1) The purpose of the Fund is to improve economic growth and productivity in the State, and for that purpose:\n> > \n> > > (a) to fund major infrastructure projects, and\n> > \n> > > (b) to fund infrastructure projects that will improve:\n> > > \n> > > > (i) public transport, and\n> > > \n> > > > (ii) roads, and\n> > > \n> > > > (iii) infrastructure required for the economic competitiveness of the State (including the movement of freight, inter-modal facilities and access to water), and\n> > > \n> > > > (iv) local infrastructure in regional areas that are affected by mining operations, and\n> > > \n> > > > (v) hospital and other health facilities and services, and\n> > > \n> > > > (vi) workplaces for law and justice officers, teachers, nurses and other staff providing services to the public.\n> \n> > (2) In this section, a reference to funding a project includes a reference to funding the planning, selection, implementation and delivery of the project.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Payments into Restart NSW Fund","content":"#### 7 Payments into Restart NSW Fund\n\n7 Payments into Restart NSW Fund\n\n> > (1) There is payable into the Fund:\n> > \n> > > (a) all money advanced by the Treasurer or appropriated by Parliament for the purposes of the Fund, including any such money that is certified by the Treasurer as windfall tax revenue in excess of Budget forecasts, and\n> > \n> > > (b) money borrowed for the purposes of the Fund, including by the issue of special bonds to the people of the State and others, and\n> > \n> > > (c) the proceeds of the investment of money in the Fund, and\n> > \n> > > (d) all money directed or authorised to be paid into the Fund by or under this or any other Act or law, and\n> > \n> > > (e) all money received from voluntary contributions to the Fund made by a government agency or other person or body.\n> \n> > (2) Government agencies are authorised by this section to make voluntary contributions to the Fund.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Payments out of Restart NSW Fund","content":"#### 8 Payments out of Restart NSW Fund\n\n8 Payments out of Restart NSW Fund\n\n> There is payable from the Fund:\n> \n> > (a) any money approved by the Minister on the recommendation of Infrastructure NSW to fund all or any part of the cost of any project that the Minister is satisfied promotes a purpose of the Fund, and\n> \n> > (b) any money required to meet administrative expenses related to the Fund, and\n> \n> > (c) any money directed or authorised to be paid from the Fund by or under this or any other Act or law.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Annual and other reports relating to Restart NSW Fund","content":"#### 9 Annual and other reports relating to Restart NSW Fund\n\n9 Annual and other reports relating to Restart NSW Fund\n\n> > (1) The Minister is to produce an annual report detailing payments from the Fund.\n> \n> > (2) The annual report is to include information on the total amount of payments made from the Fund for infrastructure projects in rural and regional areas outside the metropolitan areas of Sydney, Newcastle and Wollongong, and whether it represents at least 30% of the total payments from the Fund on infrastructure projects.\n> \n> > (3) The annual report is to include the audit of the Fund by the Auditor General (including the report of the Auditor General on whether the payments from the Fund have been made in accordance with this Act).\n> \n> > (4) The annual report is to be tabled in each House of Parliament within 6 months after the end of the financial year to which it relates.\n> \n> > (5) The Minister is also to ensure that Infrastructure NSW receives regular reports on the balance of money standing to the credit of the Fund.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Investment of money in Restart NSW Fund","content":"#### 10 Investment of money in Restart NSW Fund\n\n10 Investment of money in Restart NSW Fund\n\n> The Minister may invest money in the Fund:\n> \n> > (a) if the Minister is a GSF agency for the purposes of Part 6 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)—in any way that the Minister is permitted to invest money under that Part, or\n> \n> > (b) if the Minister is not a GSF agency for the purposes of Part 6 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)—in any way approved by the Treasurer.\n> \n> **s 10:** Subst 2018 No 70, Sch 3.53.","sortOrder":11},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Act to bind Crown","content":"#### 11 Act to bind Crown\n\n11 Act to bind Crown\n\n> This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Regulations","content":"#### 12 Regulations\n\n12 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Review of Act","content":"#### 13 Review of Act\n\n13 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the commencement of this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":15}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act, as drafted, simply establishes a dedicated fund and sets out permitted receipts, purposes and payment/investment rules. The text does not indicate an expansion or narrowing of those stated purposes beyond the object to fund major and related infrastructure, so no change of scope from that stated object is evident in the instrument."},"complexity_factors":["Multiple funding sources and mechanisms (appropriations, borrowings, investment returns, voluntary contributions) (s 7)","Ministerial payment approval tied to Infrastructure NSW recommendations, creating a two‑actor decision pathway (s 8)","Investment powers reference external statutory regime (Government Sector Finance Act 2018) or Treasurer approval, adding cross‑statute compliance (s 10)","Borrowing authority including issue of special bonds introduces debt and market mechanisms (s 7(1)(b))","Reporting requirements including a specified rural/regional share threshold (30%) and Auditor‑General audit impose monitoring and compliance obligations (s 9(2)‑(3))","Statutory review after five years and regulation‑making power create ongoing administrative oversight and potential change (ss 12, 13)","Act binds the Crown, affecting application across government entities (s 11)"],"plain_english_summary":"Creates the Restart NSW Fund in the Special Deposits Account to collect appropriations, borrowings, investment returns and voluntary contributions and to finance major infrastructure and related projects. The Minister (acting on Infrastructure NSW recommendations and subject to Treasurer investment rules) approves payments and investments; the Act requires annual reporting (including a rural/regional share), an Auditor‑General audit and a five‑year statutory review."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of establishing and operating the Restart NSW Fund for infrastructure financing. The 2018 amendment to section 10 (investment powers) was a technical update to reflect the new Government Sector Finance Act, not an expansion of scope. The 30% regional spending target in section 9(2) was part of the original design, not a later addition."},"complexity_factors":["Short statute with only 13 sections across 3 Parts","Minimal defined terms (only 5 substantive definitions in section 4, plus a circular definition of 'function')","Simple structural logic: establish Fund → define purpose → money in → money out → reporting","Limited cross-referencing (only references to Infrastructure NSW Act 2011 and Government Sector Finance Act 2018)","No nested exceptions or conditional hierarchies beyond basic investment powers in section 10","Straightforward administrative provisions (regulations, Crown binding, 5-year review)"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a special government bank account called the **Restart NSW Fund** to pay for big infrastructure projects across New South Wales.\n\n**Who it affects:**\n\n- **NSW residents** — the Fund finances roads, public transport, hospitals, schools, and other major projects using taxpayer money and borrowed funds\n- **Government agencies** — they can contribute money to the Fund voluntarily\n- **Infrastructure NSW** — this body recommends which projects get funded\n- **The Minister** — decides which projects receive money based on Infrastructure NSW's advice\n\n**Key features:**\n\n- **Money in:** Comes from budget surpluses, parliamentary appropriations, borrowing (including special bonds sold to the public), investment returns, and voluntary contributions\n- **Money out:** Pays for projects over $100 million (or \"special projects\" designated by the Premier), plus regional infrastructure, health facilities, and public service workplaces\n- **Regional requirement:** At least 30% of infrastructure spending must go to rural and regional areas (outside Sydney, Newcastle and Wollongong)\n- **Transparency:** Annual reports must be tabled in Parliament, audited by the Auditor-General, and show whether the 30% regional target was met\n- **Review:** The law must be reviewed after 5 years to check it's still working as intended\n\n**Why it matters:**\n\nThis Fund acts as a dedicated \"kitty\" for major state-building projects, ensuring money is set aside specifically for infrastructure rather than being absorbed into general government spending. It creates accountability mechanisms — including the regional spending target and parliamentary reporting — to ensure taxpayers can see where their money goes."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act was amended effective 1 December 2018, suggesting the scope or operation of the fund changed from its original 2011 form. The original Act was likely established in the context of the NSW Government's asset recycling programme (selling state-owned assets to fund new infrastructure). The 2018 amendments may have adjusted eligible uses, governance arrangements, or funding categories — though the full text of the changes is not visible in the provided excerpt. This indicates the legislature refined the fund's scope over time rather than leaving it as originally enacted."},"complexity_factors":["Limited legislative text provided — only metadata and status information is available, not the substantive sections of the Act itself","Involves interaction with broader NSW budget and financial framework legislation, which adds indirect complexity","Fund governance rules (who can authorise spending, eligible categories, accountability mechanisms) are not visible in the provided text but likely add complexity in the full Act","Two distinct versions exist (2011 and 2018), suggesting amendments that may have altered the original scope or operation","Oversight responsibility sits with the Treasurer, implying interaction with Treasury legislation and administrative arrangements orders"],"plain_english_summary":"The Act creates the Restart NSW Fund, a Treasury‑managed savings and investment vehicle that channels proceeds (mainly from asset sales) into major public infrastructure across NSW, affecting taxpayers, government agencies, the Treasurer and regional communities.  \n\nIt acts as a legal lockbox: proceeds are ring‑fenced for approved transport, health, education and regional projects rather than general government spending, shaping how the state invests in long‑term infrastructure."}},"importantCases":[],"_links":{"self":"/api/acts/restart-nsw-fund-act-2011","history":"/api/acts/restart-nsw-fund-act-2011/history","analysis":"/api/acts/restart-nsw-fund-act-2011/analysis","conflicts":"/api/acts/restart-nsw-fund-act-2011/conflicts","importantCases":"/api/acts/restart-nsw-fund-act-2011/important-cases","documents":"/api/acts/restart-nsw-fund-act-2011/documents"}}