Trade Commissioners Regulations (Amendment) (Cth)

STATUTORY RULES

1971 No.

 

REGULATIONS UNDER THE TRADE COMMISSIONERS ACT 1933-1936.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Trade Commissioners Act 1933-1936.

Dated this fifteenth day of March, 1971.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Sgd. J. D. Anthony

Minister of State for Trade and Industry.

 

Amendments of the Trade Commissioners Regulations

Travelling allowance in Australia.

1. Regulation 6 of the Trade Commissioners Regulations is amended by omitting paragraphs (a), (b) and (c) of sub-regulation (1.) and inserting in their stead the following paragraphs:—

“(a) in the case of an Assistant Trade Commissioner—at the rate of Twelve dollars fifteen cents per day;

(b) in the case of a Trade Commissioner who is classified as a Trade Commissioner Grade C—at the rate of Fifteen dollars forty cents per day, or

(c) in the case of a Trade Commissioner who is classified as—

(i) a Trade Commissioner Grade B; or

(ii) a Trade Commissioner Grade A,

at the rate of Twenty-one dollars per day.”.

Insurance of furniture and effects.

2.—(1.) Regulation 10 of the Trade Commissioners Regulations is amended by omitting from sub-regulation (2.) the words “Four hundred dollars” and inserting in their stead the words “Six hundred dollars”.

(2.) Sub-regulation (2.) of regulation 10 of the Trade Commissioners Regulations as amended by the last preceding sub-regulation applies in relation to insurance of baggage effected on or after the twenty-sixth day of June, 1970.

3. The Trade Commissioners Regulations are amended by adding at the end thereof the following regulation:—

Loss or damage to clothing or personal effects.

“22.—(1.) Where—

(a) a Commissioner incurs loss of, or damage to, clothing or personal effects; and

 

* Notified in the Commonwealth Gazette on 1971.

  Statutory Rules 1958. No. 52, as amended by Statutory Rules 1958, No. 74; 1959, No. 92; 1960, No. 45; 1961, Nos. 37 and 38; 1962, Nos. 43 and 80; 1964, No. 116; 1966, No. 19; 1967, No. 55; and 1969, No. 89.

26544/70—Price 8c 10/11.1.1971

 

(b) a condition specified in the next succeeding sub-regulation is fulfilled in relation to the loss or damage,

the Commissioner shall be paid, in respect of the loss or damage, an amount determined by the Minister in accordance with this regulation.

“(2.) The conditions relating to loss of or damage to clothing or personal ejects of a Commissioner are—

(a) that the loss or damage occurs while the Commissioner is protecting or endeavouring to protect property of the Commonwealth from loss or damage;

(b) that the loss or damage is caused by a fault or defect in goods or other property belonging to the Commonwealth;

(c) that the loss or damage is caused by an act or omission of a person, other than the Commissioner, employed by the Commonwealth; and

(d) subject to the next succeeding sub-regulation, that the loss or damage occurs otherwise than in a circumstance referred to in a preceding paragraph of this sub-regulation and in the course of, or as a result of, the performance by the Commissioner of his duties.

“(3.) The condition specified in paragraph (d) of the last preceding sub-regulation shall not be taken to have been fulfilled in relation to a loss of or damage to clothing or personal effects of a Commissioner unless—

(a) the Commissioner has taken the precautions that he might reasonably be expected to have taken to avoid the loss or damage;

(b) the Commissioner has not instituted, and does not intend instituting, proceedings against a person who may be liable to him in respect of the loss or damage;

(c) the Commissioner cannot reasonably be expected to take proceedings for the recovery of damages in respect of the loss or damage from a person who may be liable to him in respect of the loss or damage; and

(d) the Commissioner has not received, and is not entitled to receive, from a person liable to him in respect of a loss or damage any sum in respect of the loss or damage.

“(4.) A Commissioner is not entitled to be paid an amount in respect of loss or damage under sub-regulation (1.) of this regulation if he is entitled to be paid an amount in respect of the loss or damage under a contract of insurance.

“(5.) Where a Commissioner is entitled to be paid an amount under sub-regulation (1.) of this regulation in respect of the loss of, or damage to, his clothing or personal effects, the amount to be determined by the Minister for the purpose of that sub-regulation shall be a reasonable sum, not exceeding Forty dollars, having regard to—

(a) the price paid by the Commissioner for the clothing or personal effects;

(b) if the clothing or personal effects were lost or damaged beyond repair—the cost of replacing the clothing or personal effects; and

(c) if the clothing or personal effects were damaged, but not beyond repair—the cost of repairing the clothing or personal effects.

 

“(6.) Nothing in this regulation affects any right that a Commissioner may have, apart from this regulation, to recover damages from the Commonwealth or from any other person in respect of the loss or damage, but, if after an amount has been paid to a Commissioner under this regulation the Commissioner recovers damages in respect of the loss or damage, an amount equal to the amount paid under this regulation, or, if that amount is greater than the amount recovered as damages, an amount equal to the amount recovered as damages, is recoverable from the Commissioner as a debt due to the Commonwealth.”.

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