Australian Capital Territory
Building (Master Builders Fidelity Fund Assets) Determination 2009
Disallowable Instrument DI2009-92
made under the
Building (Prudential Standards) Determination 2005, Schedule, clause 34(d)

1	Name of instrument
This instrument is the Building (Master Builders Fidelity Fund Assets) Determination 2009.

2	Commencement 
This instrument commences on the day after it is notified. 

3	Determination
For the purposes of clause 34(d) of the Building (Prudential Standards) Determination 2005 Schedule (the Prudential Standards), I determine that application of the assets of the Master Builders Fidelity Fund (the fidelity fund) scheme to the:
(a)	MBA Skills Centre Building Fund; and
(b)	In accordance with the objects of the MBA Skills Centre Trust Deed
is a permitted application of the fidelity fund’s assets provided that the criteria in section 4 are met.

4	Criteria for the authorised application of the fidelity fund assets
The application of assets of the fidelity fund under section 3 is permitted only where the following criteria are met:
(a)	the assets to be applied must be surplus to the solvency requirements of the fidelity fund; and
(b)	The application of the assets must be for the dominant purpose of providing essential and pre-emptive risk management activities, including but not limited to apprenticeship training under the auspices of the MBA Skills Centre, to protect the assets of the fidelity fund.

Andrew Barr
Minister for Planning
9 June 2009