Determination of Business Operations No.1 of 2012

Context

This determination is made to set a date for the cessation of the Australian Quarantine and Inspection Service (AQIS) and the National Residue Survey (NRS) as business operations within the Department of Agriculture, Fisheries and Forestry. The determination also continues the Therapeutic Goods Administration as the sole remaining ongoing business operation. An explanatory statement has been prepared for this determination.

Determination

  1. Business operations in Schedule 1aredetermined by the Chief Executive of the Department of Finance and Deregulation under regulation 5A of the Financial Management and Accountability Regulations 1997 (FMA Regulations).
  1. This determination requires the activity or class of activities (listed in column 1of the table in Schedule 1), performed within the relevant Agency (listed in column 2),to be treated as a business operation for the purposes of FMA Regulation 5A, from the date listed in column3, for the period specified in column 4.
  1. Any other determinations of business operations are repealed.

David Tune

Chief Executive of the Department of Finance and Deregulation

Date: February 2012

Schedule 1Business Operations

Column 1 / Column 2 / Column 3 / Column 4
Activity of an Agency to be treated as a business operation / Relevant Agency / Commencement date / Period
Australian Quarantine and Inspection Service / Department of Agriculture, Fisheries and Forestry / 1 July 2009 / 29 February 2012
National Residue Survey / Department of Agriculture, Fisheries and Forestry / 1 July 2009 / 29 February 2012
Therapeutic Goods Administration / Department of Health and Ageing / 1 July 2009 / Ongoing

Note 1: The determination of an activity or class of activities as a business operation of an Agency means that the Agency must prepare separate financial statements in accordance with the Finance Minister’s Ordersfor the activity or class of activities and that the financial statements must be audited by the Auditor-General.

Note 2:The Acts Interpretation Act 1901subsection 33 (2AA) (3) provides that where an Act confers a power to make, grant or issue any instrument (including rules, regulations or bylaws) the power shall, unless the contrary intention appears, be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

Note 3:Business operations reporting required by the Finance Minister’s Orders 2010 will not be necessary for the part-year of 2011-12 for AQIS and NRS.