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.
This Act establishes and governs the Restart NSW Fund (the Fund). It creates a statutory fund within the Special Deposits Account (s 5) and sets the Fund’s object as a mechanism “to set aside funding for and securing the delivery of major infrastructure projects and other necessary infrastructure” (s 3). The Fund’s stated purpose is to improve economic growth and productivity in New South Wales by funding major infrastructure projects and specified categories of infrastructure, including public transport, roads, freight-related infrastructure, regional local infrastructure affected by mining, hospital and health facilities and services, and workplaces for public service staff such as teachers, nurses and law and justice officers (s 6(1)(a)-(b)).
The Act prescribes the permitted sources of money that may be paid into the Fund: Treasurer advances or parliamentary appropriations (including Treasurer-certified windfall tax revenue in excess of Budget forecasts), money borrowed for Fund purposes (including by issuing “special bonds to the people of the State and others”), proceeds of investment of Fund money, money directed by or under any Act, and voluntary contributions by government agencies or other persons or bodies (s 7(1)(a)-(e)). Government agencies are expressly authorised to make voluntary contributions (s 7(2)).
Payments out of the Fund are authorised in three narrow heads: amounts approved by the Minister on the recommendation of Infrastructure NSW to fund costs of projects that the Minister is satisfied promote a Fund purpose; administrative expenses related to the Fund; and any payments required by or under any Act or law (s 8(a)-(c)). The Minister must produce an annual report detailing payments and include, among other things, an Auditor‑General audit and information on whether at least 30 per cent of total payments for infrastructure projects were for rural and regional areas outside metropolitan Sydney, Newcastle and Wollongong (s 9(1)-(4)). The Act also addresses investment discretion: the Minister may invest Fund money either under the investment powers that apply where the Minister is a GSF agency under Part 6 of the Government Sector Finance Act 2018, or otherwise in ways approved by the Treasurer (s 10). The Act contains machinery for regulations (s 12), requires a five‑year review by the Minister with a report to Parliament (s 13), and binds the Crown (s 11).
Current sections
Direct links to the current provisions in Restart NSW Fund Act 2011.
This Act commences on the date of assent to this Act.
3
Object of Act
3 Object of Act
3 Object of Act
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.
4
Definitions
4 Definitions
4 Definitions
(1) In this Act:
function includes a power, authority or duty, and exercise a function includes perform a duty.
government agency means:
(a) a public authority constituted by or under an Act, or
The expression is defined in that Act to mean a project to provide infrastructure:
(a) that has a capital investment value of more than $100 million, or
(b) that is nominated by the Premier as a special project requiring oversight or co-ordination by Infrastructure NSW.
the Fund means the Restart NSW Fund established under Part 2.
(2) Notes included in this Act do not form part of this Act.
Part 2
Restart NSW Fund
Part 2 Restart NSW Fund
Part 2 Restart NSW Fund
5
Establishment of Restart NSW Fund
5 Establishment of Restart NSW Fund
5 Establishment of Restart NSW Fund
There is to be established in the Special Deposits Account a fund called the Restart NSW Fund.
6
Purpose of Restart NSW Fund
6 Purpose of Restart NSW Fund
6 Purpose of Restart NSW Fund
(1) The purpose of the Fund is to improve economic growth and productivity in the State, and for that purpose:
(a) to fund major infrastructure projects, and
(b) to fund infrastructure projects that will improve:
(i) public transport, and
(ii) roads, and
(iii) infrastructure required for the economic competitiveness of the State (including the movement of freight, inter-modal facilities and access to water), and
(iv) local infrastructure in regional areas that are affected by mining operations, and
(v) hospital and other health facilities and services, and
(vi) workplaces for law and justice officers, teachers, nurses and other staff providing services to the public.
(2) In this section, a reference to funding a project includes a reference to funding the planning, selection, implementation and delivery of the project.
7
Payments into Restart NSW Fund
7 Payments into Restart NSW Fund
7 Payments into Restart NSW Fund
(1) There is payable into the Fund:
(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
(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
(c) the proceeds of the investment of money in the Fund, and
(d) all money directed or authorised to be paid into the Fund by or under this or any other Act or law, and
(e) all money received from voluntary contributions to the Fund made by a government agency or other person or body.
(2) Government agencies are authorised by this section to make voluntary contributions to the Fund.
8
Payments out of Restart NSW Fund
8 Payments out of Restart NSW Fund
8 Payments out of Restart NSW Fund
There is payable from the Fund:
(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
(b) any money required to meet administrative expenses related to the Fund, and
(c) any money directed or authorised to be paid from the Fund by or under this or any other Act or law.
9
Annual and other reports relating to Restart NSW Fund
9 Annual and other reports relating to Restart NSW Fund
9 Annual and other reports relating to Restart NSW Fund
(1) The Minister is to produce an annual report detailing payments from the Fund.
(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.
(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).
(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.
(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.
10
Investment of money in Restart NSW Fund
10 Investment of money in Restart NSW Fund
10 Investment of money in Restart NSW Fund
The Minister may invest money in the Fund:
(a) if the Minister is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way that the Minister is permitted to invest money under that Part, or
(b) if the Minister is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way approved by the Treasurer.
s 10: Subst 2018 No 70, Sch 3.53.
Part 3
Miscellaneous
Part 3 Miscellaneous
Part 3 Miscellaneous
11
Act to bind Crown
11 Act to bind Crown
11 Act to bind Crown
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.
12
Regulations
12 Regulations
12 Regulations
(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.
(2) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.
13
Review of Act
13 Review of Act
13 Review of Act
(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.
(2) The review is to be undertaken as soon as possible after the period of 5 years from the commencement of this Act.
(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.
Source text
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act is the Restart NSW Fund Act 2011.
2 Commencement
2 Commencement
2 Commencement
This Act commences on the date of assent to this Act.
3 Object of Act
3 Object of Act
3 Object of Act
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.
4 Definitions
4 Definitions
4 Definitions
(1) In this Act:
function includes a power, authority or duty, and exercise a function includes perform a duty.
government agency means:
(a) a public authority constituted by or under an Act, or
(b) a NSW Government agency, or
(c) a Division of the Government Service, or
(d) a local council or other local authority, or
(e) a State owned corporation.
Infrastructure NSW means Infrastructure NSW constituted under the Infrastructure NSW Act 2011.
major infrastructure project has the same meaning as it has in the Infrastructure NSW Act 2011.
Note—
The expression is defined in that Act to mean a project to provide infrastructure:
(a) that has a capital investment value of more than $100 million, or
(b) that is nominated by the Premier as a special project requiring oversight or co-ordination by Infrastructure NSW.
the Fund means the Restart NSW Fund established under Part 2.
(2) Notes included in this Act do not form part of this Act.
Part 2 Restart NSW Fund
Part 2 Restart NSW Fund
Part 2 Restart NSW Fund
Mechanically, the Act sets up an earmarked public fund, lays out permitted inflows and outflows, allocates project-selection influence to Infrastructure NSW and the Minister, establishes reporting and audit obligations, and sets the rules for investing the Fund’s balance depending on the Minister’s status under the Government Sector Finance Act 2018 (ss 5-10, 12-13).
Main concepts
The Act is compact and revolves around a limited set of legal concepts that determine who controls money, where it comes from, what it may be spent on, and what transparency and review obligations apply.
Restart NSW Fund and Special Deposits Account: The Fund is created as an account within the Special Deposits Account (s 5). The legal concept is an earmarked fund within public banking arrangements; the Act does not define further administrative arrangements for the Special Deposits Account.
Object and purpose: The object is to establish the Fund to set aside funding for major and other necessary infrastructure (s 3). The stated purpose explains the economic goals (improve economic growth and productivity) and lists eligible project types and areas of spending (s 6(1)). The section clarifies that “funding a project” includes planning, selection, implementation and delivery (s 6(2)).
Sources of funding: The Act lists five categories of payments into the Fund (s 7(1)(a)-(e)): Treasurer advances or parliamentary appropriations including Treasurer-certified windfall tax revenue; borrowed money (including bonds to the public); investment proceeds; statutory or other directed payments; and voluntary contributions from agencies or other persons. Section 7(2) expressly authorises government agencies to make voluntary contributions.
Decision and recommendation roles: Infrastructure NSW has a formal recommending role: Ministerial approvals to fund projects require a recommendation from Infrastructure NSW (s 8(a)). The Minister retains the decision power, required to be “satisfied” a payment promotes a Fund purpose. The Act therefore allocates recommendation and executive decision functions between Infrastructure NSW and the Minister.
Investment regime: Investment powers are allocated according to whether the Minister is a GSF agency under the Government Sector Finance Act 2018 Part 6. If the Minister is a GSF agency, investment is permitted in any way allowed under that Part. If not, investment requires Treasurer approval (s 10). This creates a variable investment governance mechanism contingent on cross‑reference to the Government Sector Finance Act.
Transparency, audit and reporting: The Minister must produce an annual report detailing payments from the Fund (s 9(1)). The annual report must include a breakdown of payments to rural and regional areas vis‑à‑vis metropolitan areas and state whether that amount represents at least 30 per cent of total payments to infrastructure projects (s 9(2)). The annual report must include an Auditor‑General audit of the Fund and the Auditor‑General’s view on conformity with the Act (s 9(3)), and be tabled in both Houses of Parliament within six months after the end of the financial year (s 9(4)). The Minister must also ensure that Infrastructure NSW receives regular reports on the Fund balance (s 9(5)).
Review and regulation: The Governor may make regulations for matters necessary to give effect to the Act (s 12). The Minister must review the Act as soon as possible after five years from commencement and table a report within 12 months after the end of that five‑year period (s 13).
These concepts together create a compact legal framework that specifies eligible funding sources, a set of eligible expenditures tied to the Fund’s purpose, a mixed advisory-executive project selection model, statutory rules on investments depending on GSF status, and statutorily mandated transparency and review points. The Act intentionally cross‑references other statutes for definitions and investment rules (s 4, s 10), which imports external governance standards into key parts of the Fund’s operation.
Who it affects
The Act’s provisions allocate roles, financial flows, reporting obligations and decision points across a limited set of public actors and potential private contributors.
The Minister: The Minister is central. The Minister approves payments from the Fund on Infrastructure NSW’s recommendation and must be “satisfied” the payment promotes a Fund purpose (s 8(a)). The Minister is obliged to produce the annual report (s 9(1)), ensure tabling in Parliament (s 9(4)), ensure Infrastructure NSW receives regular balance reports (s 9(5)), and undertake the five‑year review and report (s 13). The Minister also holds the investment discretion subject to s 10’s GSF test.
Infrastructure NSW: The Act assigns Infrastructure NSW the role of recommending projects for funding (s 8(a)). Infrastructure NSW must receive regular reports on the Fund balance (s 9(5)). The Act imports by reference the Infrastructure NSW Act’s definition of “major infrastructure project” (s 4), and uses Infrastructure NSW as the recommending body for project approvals.
The Treasurer: The Treasurer’s functions appear in several places. The Treasurer’s appropriations and advances may be paid into the Fund (s 7(1)(a)). The Treasurer may certify windfall tax revenue as payable into the Fund (s 7(1)(a)). For Ministers not a GSF agency, the Treasurer must approve investment of the Fund (s 10(b)). The Treasurer thus controls a class of inflows and some investment approvals.
Government agencies: They are expressly authorised to make voluntary contributions to the Fund (s 7(2)). Agencies will also be affected operationally if they are recipients of Fund payments for projects, particularly in regional areas where the Act requires reporting on regional spend (s 9(2)). Agencies that are potential contributors must consider internal budget settings if they choose to contribute (s 7(2)).
The Auditor‑General: The Act requires the Auditor‑General to audit the Fund and report on whether payments have been made in accordance with the Act; that audit must be included in the Minister’s annual report (s 9(3)). The Auditor‑General therefore has a statutorily mandated oversight role of financial compliance.
Parliament: Parliament is an institutional addressee of the annual report; the Minister must table the annual report in each House within six months of the financial year end (s 9(4)). Parliament thus receives mandated transparency material on Fund payments and the Auditor‑General’s findings.
Private persons and bodies: The Fund may receive voluntary contributions from “other person or body” beyond government agencies (s 7(1)(e)). The Act also contemplates borrowing via “special bonds to the people of the State and others” (s 7(1)(b)), which creates a path for private capital provision to the Fund. Private firms seeking project funding will be affected by the Minister/Infrastructure NSW decision process.
Crown: The Act binds the Crown in right of New South Wales and, so far as legislative power permits, the Crown in other capacities (s 11). That means public entities operating as part of the Crown are within the Act’s scope.
Actors not directly mentioned remain outside the Act’s governance architecture. The Act does not create private rights to access the Fund, nor does it create statutory duties on private-sector contractors beyond the normal contracting relationship a government agency would impose when executing projects. The operative governance design concentrates decision authority in the Minister, with an advisory recommendation from Infrastructure NSW and audit/reporting obligations that flow to Parliament via the Minister.
Key duties and rights
The Act creates a compact set of statutory duties and permitted actions (rights) for public officeholders and certain public bodies. Several of these duties are procedural and transparency focused.
Duties and obligations
Establish and hold the Fund: The Act declares that the Restart NSW Fund is established in the Special Deposits Account (s 5). That is a statutory foundation duty to create and maintain the Fund as a distinct public account.
Minister’s reporting duties: The Minister must produce an annual report detailing payments from the Fund (s 9(1)). The annual report must include specified content: the total amount of payments made for infrastructure projects in rural and regional areas outside metropolitan Sydney, Newcastle and Wollongong and whether that amount represents at least 30 per cent of total payments for infrastructure projects (s 9(2)); and the Auditor‑General’s audit and report (s 9(3)). The Minister must table the annual report in each House of Parliament within six months after the end of the relevant financial year (s 9(4)). The Minister must also ensure Infrastructure NSW receives regular reports on the Fund balance (s 9(5)). These are mandatory, time‑sensitive duties.
Minister’s decision duty on payments: The Minister has the obligation to be satisfied that a recommended payment “promotes a purpose of the Fund” before approving any money to fund a project, and approvals must be on the recommendation of Infrastructure NSW (s 8(a)). The Minister must therefore make a substantive assessment against the statutory purposes (s 6).
Investment duties contingent on GSF status: The Minister may invest money in the Fund either in ways permitted under Part 6 of the Government Sector Finance Act 2018 if the Minister is a GSF agency, or otherwise in ways approved by the Treasurer (s 10). This creates different investment duties or constraints depending on statutory classification.
Review obligation: The Minister must review the Act to determine whether its policy objectives remain valid and whether the terms remain appropriate, to be undertaken as soon as possible after five years from commencement, and must table a report on the review within 12 months after the end of that five‑year period (s 13(1)-(3)). This imposes an evaluative duty on the Minister.
Permitted actions and rights
Receipt and receipt‑related rights: The Fund is entitled to receive specified classes of money (s 7(1)). The Treasurer and Parliament have the right to appropriate or advance money into the Fund (s 7(1)(a)). The Treasurer may certify windfall tax revenue for payment into the Fund (s 7(1)(a)). The Fund may receive borrowed monies and may issue bonds to the public or others (s 7(1)(b)). The Fund may accept voluntary contributions from government agencies or other persons or bodies (s 7(1)(e)); government agencies are expressly authorised to make voluntary contributions (s 7(2)).
Payment rights: The Fund may be used for payments approved by the Minister on Infrastructure NSW’s recommendation for projects the Minister is satisfied promote a Fund purpose (s 8(a)). The Fund may also be used to meet administrative expenses related to the Fund (s 8(b)), and to meet payments required by other Acts or laws (s 8(c)). These are the authorised outlays.
Investment rights: The Minister has a statutory right to invest Fund money within the confines of s 10 (either under the Government Sector Finance Act 2018 Part 6 permissions or with Treasurer approval).
Audit and transparency rights: The Act gives the Auditor‑General the right and duty to audit the Fund and requires the Minister to include that audit in the annual report (s 9(3)). Parliament has the right to receive annual reports.
Notably absent duties and rights
The Act does not create statutory entitlements for third parties to compel funding or to review the Minister’s satisfaction decision by statute. The Act does not prescribe a statutory timeline for Infrastructure NSW recommendations, nor detailed criteria beyond the statutory purposes. It does not create offences or civil penalties for failure to comply with reporting obligations within this Act. If enforcement is required, the Act relies on audit, parliamentary oversight and the public accountability inherent in the tabling requirement.
These duties and rights concentrate discretion in the Minister while embedding a requirement for recommendation from Infrastructure NSW and audit by the Auditor‑General, and they create statutory channels for funds to enter the Fund and for the Minister to invest and disburse them within the prescribed purposes.
Penalties and enforcement
This Act sets up governance, reporting and investment arrangements for the Restart NSW Fund but contains no express criminal offences, civil penalties, or administrative sanctions for non‑compliance with its provisions.
No statutory penalties: Nowhere in the text does the Act create offences, fines, or specific enforcement mechanisms for failure to comply with the duties it imposes (for example, the Minister’s duty to produce an annual report (s 9(1)), or to undertake the five‑year review (s 13)). The Act instead relies on transparency mechanisms and existing public accountability structures.
Audit as the primary compliance tool: The Auditor‑General’s statutory audit of the Fund is mandated and must be included in the Minister’s annual report (s 9(3)). The Auditor‑General’s report must include whether payments from the Fund have been made in accordance with the Act (s 9(3)). That audit function is the Act’s principal compliance and oversight mechanism. The Auditor‑General’s findings are for tabling and parliamentary scrutiny; they do not, under this Act, automatically convert into statutory sanctions.
Parliamentary scrutiny and tabling requirement: The annual report must be tabled in each House of Parliament within six months after the end of the financial year (s 9(4)). The public tabling requirement creates a parliamentary oversight pathway whereby compliance issues may be examined by Parliament or committees in established ways, relying on Parliament’s existing procedures rather than on new statutory sanctions in this Act.
Ministerial discretion and administrative controls: The Act builds compliance into process flows: a recommendation from Infrastructure NSW is required before the Minister may approve a payment from the Fund, and the Minister must be satisfied payments promote a Fund purpose (s 8(a)). Those process requirements constitute internal checks that, coupled with the Auditor‑General’s audit, constitute the Act’s enforcement architecture.
Regulations and potential additional enforcement: The Governor is empowered to make regulations not inconsistent with the Act (s 12). The Act does not specify what regulations may be made, but in principle the regulations could supply administrative detail and potentially specify enforcement mechanisms if permitted by the enabling head. The text as provided does not itself create such regulations.
Binding the Crown: The Act binds the Crown (s 11). While this makes the Crown subject to the Act’s provisions, the Act does not specify remedial or sanctioning measures if the Crown fails to meet a duty.
In short, the Act relies on audit, reporting and parliamentary processes for enforcement and does not create express statutory penalties or enforcement powers inside its text. For practical compliance risks, the key enforcement vectors are the Auditor‑General’s audit (s 9(3)) and the parliamentary tabling and review obligations (ss 9(4), 13).
How it interacts with other laws
The Act cross‑references several external statutes and institutional mechanisms that affect its operation and governance.
Infrastructure NSW Act 2011: The Act imports definitions and institutional functions from the Infrastructure NSW Act 2011. Section 4 defines “Infrastructure NSW” as the body constituted under the Infrastructure NSW Act 2011, and defines “major infrastructure project” with the same meaning as in that Act (s 4). The Act also relies on Infrastructure NSW to make recommendations for Fund payments (s 8(a)) and requires that Infrastructure NSW receive regular reports on the Fund balance (s 9(5)). Consequently, the infrastructure project definition, and any procedural or substantive rules applying to Infrastructure NSW under its own Act, become relevant to applying this Act. The provided text itself includes a note from the Infrastructure NSW Act definition clarifying a major infrastructure project typically has a capital investment value above $100 million or is nominated by the Premier (s 4 note).
Government Sector Finance Act 2018: Section 10 conditions investment powers on the Minister’s status under Part 6 of the Government Sector Finance Act 2018. If the Minister is a GSF agency for Part 6 purposes, the Minister may invest the Fund money in any way permitted under that Part (s 10(a)). If the Minister is not a GSF agency, investments require Treasurer approval (s 10(b)). The Act therefore ties its investment governance to the institutional investment regime established by the Government Sector Finance Act.
Auditor‑General’s statutory role: The Act requires the Auditor‑General to audit the Fund and include a report on whether payments have been made in accordance with the Act (s 9(3)). While the Act does not itself cite the Auditor‑General Act or Audit Act, it mandates the Auditor‑General’s involvement and so interacts with the statutory regime that establishes the Auditor‑General’s powers and procedures.
Parliamentary processes: The tabling and review requirements (s 9(4), s 13(3)) bring the Act into the general parliamentary accountability framework. The Act does not change parliamentary procedures but creates a statutorily mandated flow of information to Parliament.
Special Deposits Account regime: The Fund is established in the Special Deposits Account (s 5). While the text does not itself set out the governance rules for that account, establishing the Fund within that account links it to broader public finance arrangements that govern deposits and special accounts. The Act does not provide details of those arrangements, importing governance by reference.
Regulations and transitional provisions: The Governor may make regulations for matters required or convenient for carrying out the Act (s 12). The regulations may contain savings or transitional provisions consequent on the Act’s enactment (s 12(2)). This enables the executive to address technical interactions with other statutes or administrative systems via subordinate legislation.
Interactions are therefore both definitional and functional: definitions and project thresholds are imported from the Infrastructure NSW Act (s 4); investment governance is conditional on the Government Sector Finance Act classification (s 10); and audit and parliamentary reporting connect the Act to the state’s auditing and parliamentary accountability frameworks (s 9(3)-(4)). The Act intentionally leverages external statutes for substantive governance rather than duplicating their provisions.
Amendment history
The text of the Act provided contains limited explicit amendment history within its body.
Commencement and original enactment: Section 2 states that the Act commences on the date of assent (s 2). Section 1 records the Act’s name as Restart NSW Fund Act 2011 (s 1). No other commencement schedules or staged commencements are present in the provided text.
Substitution note: The only explicit amendment annotation present in the supplied text is tied to section 10. A footnote indicates s 10 was substituted by 2018 No 70, Schedule 3.53 (shown as “s 10: Subst 2018 No 70, Sch 3.53”). That indicates an amendment to the investment provision was enacted in 2018, replacing the prior wording of s 10 with the current text which cross‑references the Government Sector Finance Act 2018 and ties investment powers to the Minister’s GSF agency status (s 10).
No other amendment notes in text: The supplied Act text contains no other inline substitution or amendment annotations, no schedules showing historical amendments, and no expiry or sunset clauses beyond the five‑year review mechanism for policy evaluation (s 13). Section 13 requires a Ministerial review as soon as possible after five years from commencement and tabling of a report within 12 months after the end of the five‑year period (s 13(1)-(3)). That provision is a procedural mechanism for statutory review rather than an amendment itself.
No repeals or transitional schedules recorded here: Section 12 permits regulations with savings or transitional provisions (s 12(2)), but the Act as provided does not include transitional schedules or recorded repeals.
Users should not infer further amendment history from this text alone. The only explicit in‑text amendment indicator is the substitution footnote for s 10 acknowledging a 2018 amendment. Any additional amendments, repeals, or version changes outside the text supplied are not recorded here and would require consultation of external legislative history sources.
Litigation history
The provided Act text does not contain references to litigation, case names, judicial decisions, or examples of statutory interpretation by the courts. There are no cases cited inside the Act itself and no annotation within this supplied text describing judicial scrutiny or disputes arising under this Act.
Implications of the absence of recorded litigation
No in‑Act case law: Because the Act text contains no litigation references, there are no case authorities embedded in the statute to guide interpretation or to illustrate how courts have treated Ministerial satisfaction, Infrastructure NSW recommendations, or the statutory reporting obligations. Practitioners must therefore look to external case law if they need judicial interpretation,none is provided here.
Potential litigable issues suggested by the Act: Although no cases are recorded in the Act, the statutory design identifies several areas that could, in principle, give rise to legal disputes, for example: the Minister’s requirement to be “satisfied” that a payment promotes a Fund purpose (s 8(a)); the Treasurer’s certification of windfall tax revenue (s 7(1)(a)); the scope of the Auditor‑General’s audit and what “in accordance with this Act” means (s 9(3)); and the scope of the Minister’s investment powers under s 10 where classification under the Government Sector Finance Act 2018 is contested. The Act itself gives no judicial examples.
Reliance on administrative and parliamentary remedies: The Act’s compliance architecture is primarily administrative (recommendation, satisfaction, audit, report and parliamentary tabling). In the absence of explicit statutory private rights or remedies, affected parties would need to rely on existing administrative law grounds or other statutory bespoke remedies to challenge decisions. The Act does not itself create private rights to compel funding or to obtain judicial review of the Minister’s subjective satisfaction beyond what common administrative law offers; that point is not discussed in the Act.
For authoritative litigation history or judicial treatment of the Act, practitioners must consult external legal databases and reported decisions. The supplied Act text contains no litigation history to cite or analyse.
Gotchas
The Act is short and straightforward, but its drafting choices create particular practical issues and risk points that those implementing or affected by the Fund should watch.
Ministerial satisfaction is a gateway: Payments require Ministerial approval “on the recommendation of Infrastructure NSW” and only where the Minister is “satisfied a payment promotes a purpose of the Fund” (s 8(a)). The statutory threshold is subjective in form; the Act sets no objective criteria or statutory checklist beyond the broad purposes in s 6. That design centralises discretion in the Minister and leaves limited statutory guidance for what will satisfy the Minister.
Infrastructure NSW is a recommending, not deciding, body: Infrastructure NSW must recommend projects for funding, but the Minister makes the payment decision (s 8(a), s 9(5)). Expect practical frictions where Infrastructure NSW and the Minister disagree, as the Act establishes recommendation and decision functions as separate and gives the final decision to the Minister without prescribing a dispute‑resolution process.
Treasurer’s certification of windfall tax revenue: Section 7(1)(a) permits payment into the Fund of money certified by the Treasurer as windfall tax revenue beyond Budget forecasts. That certification is the Treasurer’s instrument for directing surpluses into the Fund. The Act does not define “windfall tax revenue,” and provides no statutory criteria or audit process for the Treasurer’s certification. That creates an executive control point over Fund inflows that is not further constrained in the Act.
Borrowing and bonds to “the people of the State and others”: Section 7(1)(b) permits borrowing, including issuing special bonds to the public and others. The Act does not specify borrowing limits, approval processes, or disclosure obligations for such bond issuance. Practical issues on public issuance, liability, and market disclosure will need to be handled through other instruments.
Voluntary contributions by government agencies: The Act authorises government agencies to make voluntary contributions (s 7(2)). That authorisation interacts with agencies’ budget and statutory obligations; the Act does not prescribe internal approvals or limit the effect on service delivery budgets. Agencies must ensure internal legal and financial authority before contributing.
Investment conditional on GSF classification: Section 10 ties investment powers to the Minister’s status under the Government Sector Finance Act 2018 Part 6. The Act’s investment regime is therefore contingent on an external statutory classification, which could constrain investment choices or require Treasurer approval if the Minister is not a GSF agency (s 10). That creates an administrative gating mechanism for investment strategy.
Reporting focus on regional threshold but no enforcement: The annual report must disclose the total amount paid to rural/regional projects and state whether it represents at least 30 per cent of total payments for infrastructure projects (s 9(2)). The Act requires reporting, not that the 30 per cent threshold be met. There is no statutory consequence for falling short. The reporting requirement can create political or reputational pressure but no statutory sanction.
No statutory penalties or enforcement path: The Act contains no express penalties for failure to produce required reports or audits on time, or for failing to follow the recommended processes. Compliance therefore rests largely on the Auditor‑General’s audit, parliamentary scrutiny, and public transparency (ss 9(3)-(4)). Practitioners should not presume statutory enforcement tools from this Act alone.
Review timing and possible drift: The Act requires a review as soon as possible after five years from commencement and a report tabled within 12 months (s 13). If the review is delayed or preliminary review criteria are contested, the Act provides no interim enforcement mechanism beyond the regular reporting obligations.
Interaction with other governance instruments: The Act frequently imports or relies on other statutes for definitions and investment rules (ss 4, 10). Practitioners must account for those cross‑references; implementation issues may depend on the rules found in the Infrastructure NSW Act 2011 and the Government Sector Finance Act 2018.
These are not normative judgments but practical risk points and control nodes created by the Act’s text. They identify where discretion, absent detailed statutory constraints, is concentrated and what administrative steps will be necessary to manage operational and accountability risks when the Fund is active.
How to comply
For each actor the Act addresses, compliance is primarily about following the statutory processes, meeting reporting and audit obligations, and observing the cross‑referenced investment regime.
For the Minister and Ministerial office
Payment approvals: Ensure that every approval to disburse Fund money is made only on the recommendation of Infrastructure NSW and that the Minister documents the basis for being “satisfied” the payment promotes a Fund purpose (s 8(a)). Keep contemporaneous records tying the approval decision to s 6 purposes and Infrastructure NSW’s recommendation.
Reporting and tabling: Produce an annual report that details payments from the Fund (s 9(1)). The report must include the Auditor‑General’s audit and an explicit statement of the total payments made for rural and regional infrastructure and whether that amount represents at least 30 per cent of total infrastructure payments (s 9(2)-(3)). Ensure the report is tabled in each House of Parliament within six months after the financial year end (s 9(4)). Maintain processes to obtain the Auditor‑General’s audit in time for tabling.
Communications to Infrastructure NSW: Establish a mechanism to provide regular reports to Infrastructure NSW on the Fund balance, as required by s 9(5). That may require standalone reporting templates and an agreed schedule.
Investment compliance: Determine whether the Minister is a GSF agency under Part 6 of the Government Sector Finance Act 2018. If yes, invest Fund money only in ways permitted under Part 6 (s 10(a)). If not, secure Treasurer approval for investment approaches before implementing them (s 10(b)). Record Treasurial approvals and any reliance on Part 6 investment permissions.
Review obligations: Plan and execute the statutory review of the Act as soon as practicable after five years from commencement and prepare the review report for tabling within 12 months after the end of the five‑year period (s 13(1)-(3)). Keep a project plan for the review and ensure stakeholder engagement and evidence collection to justify any conclusion about policy objectives or textual appropriateness.
For Infrastructure NSW
Recommendation process: Establish formal internal procedures to assess projects against the Fund’s statutory purposes (s 6) and to produce recommendations to the Minister, including supporting materials that demonstrate alignment with economic growth and productivity objectives. Maintain records sufficient for the Auditor‑General’s later examination.
Reporting and engagement: Expect and facilitate requests for regular balance reports from the Minister as required by s 9(5). Coordinate with the Minister’s office to ensure timely exchange of information.
For the Treasurer and Treasury
Certification of windfall tax revenue: If required to certify windfall tax revenue as payable into the Fund, document the certification carefully, including the factual basis for determining amounts are “in excess of Budget forecasts” as referred to in s 7(1)(a). Ensure transparent internal controls over any certification process.
Investment approvals: If the Minister is not a GSF agency, prepare to receive and assess investment proposals for the Fund under s 10(b) and to provide written approvals where appropriate. Ensure the approvals process is documented.
For government agencies and other potential contributors
Voluntary contributions: Government agencies are authorised to make voluntary contributions (s 7(2)). Any agency contemplating a contribution should check internal appropriation limits, statutory obligations, and approvals required by internal governance rules. Document the legal authority and internal approvals for any voluntary transfer.
Bid and contracting readiness: Agencies and private parties seeking Fund financing for projects should prepare to respond to Infrastructure NSW assessments and the Minister’s decision process. Produce project proposals that clearly map to the Fund’s stated purposes (s 6) and provide costings, planning, and delivery schedules consistent with the Act’s scope.
For the Auditor‑General
Audit scheduling and scope: Arrange to audit the Fund and produce a report addressing whether payments from the Fund have been made in accordance with this Act, so the audit can be included in the Minister’s annual report (s 9(3)). Coordinate timelines with the Minister’s reporting cycle to meet the tabling deadline.
Practical administrative steps
Create templates and a timeline: Establish templates for recording Ministerial approvals, Infrastructure NSW recommendations, investment approvals, and the annual report. Create an internal calendar to ensure the audit and report are completed in time to be tabled within six months of financial year end (s 9(4)).
Document legal cross‑references: For investments, maintain legal advice on the Minister’s GSF agency status and the scope of permissible investments under Part 6 of the Government Sector Finance Act 2018 if applicable (s 10). For project definitions, maintain a reference to the Infrastructure NSW Act definition of “major infrastructure project” (s 4).
Retain records for audit: Ensure project files, decision records, and accounting entries are retained and accessible for the Auditor‑General’s audit and for parliamentary scrutiny.
Prepare for political and reputational scrutiny: Given the Act’s public reporting and the 30 per cent rural/regional reporting metric (s 9(2)), prepare communications and evidence showing how allocations conform to policy aims, recognising the Act creates reporting obligations rather than binding allocation targets.
Following these steps will align administrative practice with the Act’s requirements. The Act’s compliance model relies heavily on documentation of decisions, timely audit and reporting, and observance of the investment governance linked to external statutory classification, so operationalising those processes is the primary compliance task.
There is to be established in the Special Deposits Account a fund called the Restart NSW Fund.
6 Purpose of Restart NSW Fund
6 Purpose of Restart NSW Fund
6 Purpose of Restart NSW Fund
(1) The purpose of the Fund is to improve economic growth and productivity in the State, and for that purpose:
(a) to fund major infrastructure projects, and
(b) to fund infrastructure projects that will improve:
(i) public transport, and
(ii) roads, and
(iii) infrastructure required for the economic competitiveness of the State (including the movement of freight, inter-modal facilities and access to water), and
(iv) local infrastructure in regional areas that are affected by mining operations, and
(v) hospital and other health facilities and services, and
(vi) workplaces for law and justice officers, teachers, nurses and other staff providing services to the public.
(2) In this section, a reference to funding a project includes a reference to funding the planning, selection, implementation and delivery of the project.
7 Payments into Restart NSW Fund
7 Payments into Restart NSW Fund
7 Payments into Restart NSW Fund
(1) There is payable into the Fund:
(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
(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
(c) the proceeds of the investment of money in the Fund, and
(d) all money directed or authorised to be paid into the Fund by or under this or any other Act or law, and
(e) all money received from voluntary contributions to the Fund made by a government agency or other person or body.
(2) Government agencies are authorised by this section to make voluntary contributions to the Fund.
8 Payments out of Restart NSW Fund
8 Payments out of Restart NSW Fund
8 Payments out of Restart NSW Fund
There is payable from the Fund:
(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
(b) any money required to meet administrative expenses related to the Fund, and
(c) any money directed or authorised to be paid from the Fund by or under this or any other Act or law.
9 Annual and other reports relating to Restart NSW Fund
9 Annual and other reports relating to Restart NSW Fund
9 Annual and other reports relating to Restart NSW Fund
(1) The Minister is to produce an annual report detailing payments from the Fund.
(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.
(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).
(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.
(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.
10 Investment of money in Restart NSW Fund
10 Investment of money in Restart NSW Fund
10 Investment of money in Restart NSW Fund
The Minister may invest money in the Fund:
(a) if the Minister is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way that the Minister is permitted to invest money under that Part, or
(b) if the Minister is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way approved by the Treasurer.
s 10: Subst 2018 No 70, Sch 3.53.
Part 3 Miscellaneous
Part 3 Miscellaneous
Part 3 Miscellaneous
11 Act to bind Crown
11 Act to bind Crown
11 Act to bind Crown
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.
12 Regulations
12 Regulations
12 Regulations
(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.
(2) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.
13 Review of Act
13 Review of Act
13 Review of Act
(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.
(2) The review is to be undertaken as soon as possible after the period of 5 years from the commencement of this Act.
(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.