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 1 are determined by the Chief Executive of the Department of
Finance and Deregulation under regulation 5A of the Financial Management and Accountability
Regulations 1997 (FMA Regulations).
2. This determination requires the activity or class of activities (listed in column 1 of 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 column 3, for
the period specified in column 4.
3. Any other determinations of business operations are repealed.
David Tune
Chief Executive of the Department of Finance and Deregulation
Date:
February 2012
Schedule 1
Business 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 Orders for the activity or class of activities and that the financial statements must be
audited by the Auditor-General.
Note 2: The Acts Interpretation Act 1901 subsection 33 (2AA) (3) provides that where an Act confers a
power to make, grant or issue any instrument (including rules, regulations or by-laws) 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.