I, Greg Feeney, 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 16^th November 2009

Greg Feeney

1              Name of Determination

                This Determination is the FMA Act Determination 2009/16 — 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) 2009–2010

                Schedule 1 amends the Appropriation Act (No. 1) 2009–2010 to transfer an amount of $87,000.00 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) 2009–2010

(section 3)

[1]           Schedule 1, Infrastructure, Transport, Regional Development and Local Government portfolio, Department of Infrastructure, Transport, Regional Development and Local Government table, total for the Department of Infrastructure, Transport, Regional Development and Local Government, Departmental Outputs

omit

210,210

insert

210,123

 [2]          Schedule 1, Infrastructure, Transport, Regional Development and Local Government portfolio, after the Department of Infrastructure, Transport, Regional Development and Local Government table

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 2009/16 amended the amount alongside Total: Department of Infrastructure, Transport, Regional Development and Local Government, under the heading Departmental Outputs, to transfer an amount to the Australian Transport Safety Bureau.

 [3]          Schedule 1, Infrastructure, Transport, Regional Development and Local Government portfolio, Australian Transport Safety Bureau table, total for the Australian Transport Safety Bureau, Departmental Outputs

omit

22,336

insert

22,423

[4]           Schedule 1, Infrastructure, Transport, Regional Development and Local Government portfolio, after the Australian Transport Safety Bureau table

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 2009/16 amended 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.