Trade Commissioners Regulations (Amendment) (Cth)

Statutory Rules

1979 No. 86

REGULATIONS UNDER THE TRADE COMMISSIONERS ACT 19331

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

Dated this thirty-first day of May 1979.

ZELMAN COWEN

Governor-General

By His Excellency's Command,

J. D. ANTHONY

Minister of State for Trade and Resources

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AMENDMENTS OF THE TRADE COMMISSIONERS REGULATIONS2

1. After regulation 37 of the Trade Commissioners Regulations the following regulation is added:

Higher duties allowance

"38. (1) Where a Commissioner is absent from duty or his post, the Minister may by instrument in writing direct a Commissioner having a lower designation to perform temporarily the whole of the duties of the absent Commissioner or the part of those duties the absent Commissioner is, by reason of his absence, unable to perform.

"(2) Where a Commissioner who is given a direction by the Minister under sub-regulation (1) performs, for a period of not less than 1 week, the duties that he is directed to perform, he shall be paid, in respect of the performance of those duties, an allowance at the appropriate rate.

"(3) For the purpose of sub-regulation (2), the appropriate rate is a rate equal to the difference between the rate of the Commissioner's annual salary and—

(a) the rate of salary for the next higher designation to his; or

(b) where a salary range exists in respect of the next higher designation to his—subject to sub-regulations (4) and (5), the lower or lowest rate in that salary range.

"(4) Where a Commissioner given a direction by the Minister under sub-regulation (1) performs the duties he is directed to perform for a continuous period of more than 12 months after the date on which he

first commenced to perform those duties, he may, after the completion of each such continuous period of 12 months, be granted an increment of allowance of the same amount as would be payable as increment of salary to a Commissioner having the same designation as the Commissioner whose duties he is performing.

"(5) Where a Commissioner given a direction by the Minister under sub-regulation (1) performs those duties which he is directed to perform for periods that are not continuous, but aggregate in the total a period of more than 12 months, he may, at the completion of each total period of 12 months, be granted an increment of allowance of the same amount as is payable as increment of salary to a Commissioner having the same designation as the Commissioner whose duties he is performing, if—

(a) in the case of the first increment—the total period of 12 months' performance of higher duties is completed within a period of 24 months; and

(b) in the case of any subsequent increment—the total requisite period of performance of higher duties is completed within a period of 24 months and the Commissioner has been paid the immediately preceding increment for a period of, or for periods totalling, 12 months.

"(6) For the purposes of sub-regulations (4) and (5), performance of the whole or part of the duties of more than one absent Commissioner shall be considered as the performance of the whole or part of the duties of a single Commissioner.

"(7) For the purpose of determining the date from which an increment of allowance is payable under this regulation, and for the purpose of determining whether the performance of the duties, or part of the duties, of a Commissioner having a higher designation has been for a continuous period, a Commissioner who performs those duties, in whole or in part, immediately before his absence from duty on—

(a) a public holiday;

(b) leave of absence for recreation;

(c) sick leave not exceeding the periods specified in sub-regulation (8);

(d) other authorized leave not exceeding in all 6 days in any 12 months; or

(e) subject to sub-regulation (9), long service leave or furlough, shall be deemed to have performed the duties of a Commissioner having a higher designation during his own absence if he resumes the performance of those duties immediately after that absence.

"(8) For the purpose of sub-regulation (7), sick leave means only sick leave that is granted for the following periods:

(a) leave not exceeding 2 weeks granted during the first period of 12 months' service, either continuous or in broken periods in the higher office;

(b) leave not exceeding 4 weeks granted during the second period of 12 months' service, either continuous or in broken periods, in the higher office, less any period of leave not exceeding 2 weeks, granted during the first period of 12 months' service in the higher office; and

(c) leave granted in any subsequent period of 12 months' service in the higher office not exceeding a period calculated on the basis of 2 weeks' leave for each completed period of 12 months' service in the higher office, less any period of leave granted during previous service in the higher office.

"(9) A Commissioner who was receiving an allowance under this regulation immediately before his absence from duty on long service leave granted under the Long Service Leave (Commonwealth Employees) Act 1976 or furlough granted under the Public Service Act 1922 shall be deemed to have performed the duties of a Commissioner of a higher designation during his own absence only if the salary payable to him in respect of the period of absence included, by reason of the Long Service Leave (Commonwealth Employees) Regulations or the Public Service Regulations, an allowance in respect of the performance of the duties of a Commissioner having a higher designation.

"(10) An allowance payable under sub-regulation (2) shall be deemed to be salary for the purpose of assessment of—

(a) the rate of payment of local allowance, travelling allowance and rent allowance; and

(b) the rate of rental contributions by the Commissioner.''.

Schedule

2. The Schedule to the Trade Commissioners Regulations is amended by omitting the heading " SCHEDULE 2 " and all words and figures between that heading and the heading " SCHEDULE 4 ".

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 7 June 1979.

2. Statutory Rules 1958 No. 52 as amended to date. For previous amendments see Note 2 to Statutory Rules 1979 No. 12 and see also