I, Peter Gibson, Acting Division Manager, Financial Reporting and Cash Management Division, Department of Finance and Deregulation, make this Determination under subsection 32 (2) of the Financial Management and Accountability Act 1997 (the FMA Act).

This Determination is made because on 1 July 2009, the Australian Transport Safety Bureau (ATSB) was prescribed as an agency under the FMA Act.  As a consequence, functions performed by the ATSB were transferred from the Department of Infrastructure, Transport, Regional Development and Local Government.

Dated 8 October 2009

Peter Gibson

1              Name of Determination

                This Determination is the FMA Act Determination 2009/14 — Section 32 (Transfer of Functions from DITRDLG to ATSB).

Note 1   This Determination has been made by a delegate of the Secretary of the Department of Finance and Deregulation. The Secretary is a delegate of the Minister for Finance and Deregulation: see sections 53 and 62 of the FMA Act.

Note 2   Acronyms and other organisational names used in this Determination are as follows:

(a)         “DITRDLG” – refers to the Department of Infrastructure, Transport, Regional Development and Local Government.

(b)         “ATSB” – refers to the Australian Transport Safety Bureau.

2              Commencement

This Determination is taken to have commenced on 1 July 2009.

Note   Under subsection 32(8) of the FMA Act, a Determination may be expressed to take effect before its making and registration under the Legislative Instruments Act 2003.

3              Amendment of Appropriation Act (No. 1) 2007–2008

                Schedule 1 amends the Appropriation Act (No. 1) 2007–2008 to transfer an amount of $6,413,264.00 of the departmental item for the Department of Infrastructure, Transport, Regional Development and Local Government to the departmental item for the Australian Transport Safety Bureau.

Note   The amount transferred relates to the establishment of the Australian Transport Safety Bureau as an independent statutory authority.

Schedule 1        Amendment of Appropriation Act (No. 1) 2007–2008

(section 3)

[1]           Schedule 1, Transport and Regional Services portfolio, Department of Transport and Regional Services table, total for the Department of Transport and Regional Services, Departmental Outputs

omit

237,928.91443

insert

231,515.65043

 [2]          Schedule 1, Transport and Regional Services portfolio, after the Department of Transport and Regional Services table

omit the notes, insert

Note 1:          The table has been amended by a Determination under section 32 of the FMA Act. That determination has amended only the actual appropriation items:

(a)      for departmental items, the actual appropriation item is the “Total” amount in

relation to an entity under the heading “Departmental Outputs”; and

(b)      for administered items, the actual appropriation item is the amount set out

opposite an Outcome of an entity under the heading “Administered Expenses”.

No other amounts in the table have been amended.

Note 2:          FMA Act Section 32 Determination 2008/01 amended the amount alongside Outcome 2, under the heading Administered Expenses, to transfer an amount to the Attorney-General’s Department.

Note 3:          FMA Act Section 32 Determination 2008/09 amended the amount alongside Outcome 2, under the heading Administered Expenses, to transfer an amount to the Department of Health and Ageing.

Note 4:          FMA Act Section 32 Determination 2008/11 amended the amount alongside Total: Department of Transport and Regional Services, under the heading Departmental Outputs, to transfer an amount to the Attorney-General’s Department.

Note 5:          FMA Act Section 32 Determination 2008/37 amended the amount alongside Outcome 2, under the heading Administered Expenses, to transfer an amount to the Attorney-General’s Department.

Note 6:          FMA Act Section 32 Determination 2008/38 amended the amount alongside Total: Department of Transport and Regional Services, under the heading Departmental Outputs, to transfer an amount from the Department of the Environment, Water, Heritage and the Arts.

Note 7:          FMA Act Section 32 Determination 2009/14 amended the amount alongside Total: Department of Transport and Regional Services, under the heading Departmental Outputs, to transfer an amount to the Australian Transport Safety Bureau.

[3]           Schedule 1, Transport and Regional Services portfolio, after the Australian Maritime Safety Authority table

insert

Note 1:          The table has been inserted by a Determination under section 32 of the FMA Act. That determination has inserted only the actual appropriation items:

(a)   for departmental items, the actual appropriation item is the “Total” amount in

relation to an entity under the heading “Departmental Outputs”; and

(b)   for administered items, the actual appropriation item is the amount set out

opposite an Outcome of an entity under the heading “Administered Expenses”.

                      No other amounts in the table have been inserted.

Note 2:          FMA Act Section 32 Determination 2009/14 inserted the amount alongside Total: Australian Transport Safety Bureau, under the heading Departmental Outputs, to transfer an amount from the Department of Infrastructure, Transport, Regional Development and Local Government.