STATUTORY
RULES.
1938. No. 28.
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 , 1938.
(SGD.)
GOWRIE
Governor-General.
By His
Excellency’s Command,
Minister
of State for Commerce.
Trade
Commissioners Regulations.
Short title.
1. These
Regulations may be cited as the Trade Commissioners Regulations.
Definitions,
2.—(1.) In these Regulations, unless the
contrary intention appears—
“child
” means any child of a Trade Commissioner or Assistant Trade Commissioner who
is wholly or partly dependent upon the earnings of the Trade Commissioner or
Assistant Trade Commissioner, as the case may be;
“local
officer ” means an officer appointed by a Trade Commissioner or Assistant Trade
Commissioner in pursuance of section ten of the Act;
“post ”
means the centre in which a Trade Commissioner’s headquarters are established;
“territory”
means the country, or part of a country, in respect of which a Trade
Commissioner or an Assistant Trade Commissioner is appointed and includes such
additional area as the Minister, in any particular case, determines;
“the
Act” means the Trade
Commissioners Act 1933-1936, and if at any time that Act is
amended, means that Act as so amended;
“the
Department ” means the Department of Commerce;
“the
East” means China, Japan, Netherlands India, British Malaya, and Egypt;
“ the
Secretary ” means the Secretary of the Department.
(2.)
Wherever in these Regulations any amount of money is stated, the amount, unless
otherwise stated, means an amount in Australian currency.
*
Notified in the Commonwealth Gazette on ,
1938.
3154.—22/1.3.38.––Price 5d.
Delegation
by the Minister.
3.—(1.) The Minister may, in relation to any
particular matter or class of matters, or in relation to any territory, by
writing under his hand, delegate to the Secretary all or any of his powers and
functions under these Regulations (except this power of delegation) so that the
delegated powers or functions may be exercised by the Secretary with respect to
the matter or class of matters or the territory specified in the instrument of
delegation.
(2.)
Every delegation under this regulation shall be revocable at will, but any
delegation shall not prevent the exercise of any power or function by the
Minister.
Regulations
to apply unless otherwise determined by the Governor-General.
4. Unless otherwise determined in any
particular case by the Governor-General, these Regulations shall apply to any
Trade Commissioner or Assistant Trade Commissioner appointed pursuant to the
Act and to officers appointed pursuant to section ten of the Act.
Duties
of Assistant Trade Commissioners,
5.—(1.) A Trade Commissioner for any
territory may give special or general directions to the Assistant Trade
Commissioner in that territory.
(2.) In
the case of the illness or absence of any Trade Commissioner for any territory,
the Assistant Trade Commissioner for the territory shall, unless the Minister
otherwise directs, perform the duties of the Trade Commissioner during such
illness or absence.
Trade
Commissioner not to leave his territory.
6. A Trade Commissioner or an Assistant Trade
Commissioner shall not, without the approval of the Minister, leave his
territory.
Travelling
allowance of Trade Commissioner in Australia.
7. A Trade Commissioner, while travelling
in Australia on official duties, shall be paid a travelling allowance at the
rate of twenty-five shillings per day.
Travelling
allowance of Assistant Trade Commissioner in Australia.
8. An Assistant Trade Commissioner, while
travelling in Australia on official duties, shall be paid a travelling
allowance at the rate of seventeen shillings per day.
Travelling
allowances at sea.
9. A Trade Commissioner or an Assistant
Trade Commissioner, while travelling by sea on official duties from Australia
to the location of his post, or from the location of his post to Australia, or
to a post to which he has been transferred, shall be paid a travelling
allowance at the rate of ten shillings sterling per day.
Costs
of transport on appointment.
10. When a Trade Commissioner or an Assistant
Trade Commissioner is travelling from Australia to his post on his first
appointment, or from his post to Australia on the termination of his
appointment, or to a post to which he has been transferred, the actual cost of
conveyance of the officer, his wife and children shall be borne by the
Department and, where travelling by land between the port of disembarkation or
embarkation is involved, he shall be reimbursed the travelling expenses
actually incurred by him on behalf of himself, his wife and children in respect
of such travelling by land.
Living expenses on appointment or transfer to a post.
11. A Trade Commissioner or an Assistant
Trade Commissioner, when first seeking permanent residential accommodation at a
post to which he has been appointed or transferred, shall be paid the actual
living expenses of himself, his wife and children—
(i) from the date of his arrival at that post until
the date of obtaining that accommodation; or
(ii) for a period of three weeks,
whichever period is the shorter.
Costs
of transport on official visits to Australia.
12. (1.) Where a Trade Commissioner or
Assistant Trade Commissioner is summoned to Australia on official duty, the
cost of conveyance of the officer to and from Australia shall be borne by the
Department.
(2.) If the officer is accompanied by his wife and children,
or by his wife or children, the Minister may, subject to regulation 30 of these
Regulations, authorize the payment of their fares to and from Australia.
Travelling
allowances in territory.
13. A Trade Commissioner or an Assistant
Trade Commissioner shall be paid travelling, hotel and incidental expenses
actually incurred by him while travelling on official duties within the
territory allotted to his post, but the Governor-General may authorize, in
respect of any particular post, such fixed rate of travelling allowance as he
thinks fit.
Equipment
allowance.
14. On his first appointment to a post
outside Australia, an Assistant Trade Commissioner may be paid such amount, not
exceeding Fifty pounds, as the Secretary approves, in respect of the purchase
of outfit or equipment.
Entertainment
allowance.
15. —(1.) The Governor-General may authorize
in respect of any particular post, payment of such entertainment allowance to
the Trade Commissioner or Assistant Trade Commissioner appointed to that post
as he thinks fit.
(2.) A Trade Commissioner or an Assistant Trade
Commissioner shall be paid any entertainment allowance applicable to the post
to which he is appointed from the date on which he takes up duty at that post.
(3.) Where a Trade Commissioner or an Assistant Trade
Commissioner ceases duty at a particular post, either by transfer to another
post or otherwise, the entertainment allowance applicable to that post snail
cease to be payable to him as from the date on which he ceased duty at that
post.
(4.) A Trade Commissioner or an Assistant Trade
Commissioner transferred from one post to another shall be paid the
entertainment allowance applicable to the new post as from the date on which he
takes up duty at that post.
(5.) Entertainment allowance shall not be payable
during the absence of a Trade Commissioner or an Assistant Trade Commissioner
from his territory whether on duty or on leave of absence.
Living
allowances.
16.—(1.) The Governor-General may authorize,
in respect of any particular post, payment of such living allowances to the
Trade Commissioner or Assistant Trade Commissioner appointed to that post as he
thinks fit.
(2.) A Trade Commissioner or an Assistant Trade
Commissioner shall be paid any living allowances applicable to the post to
which he is appointed from the date on which he takes up duty at that post.
(3.) Where a Trade Commissioner or an Assistant Trade
Commissioner ceases duty at a particular post, either by reason of transfer to
another post or otherwise, any living allowances applicable to that post shall
cease to be pasture to him as from the date on which he ceased duty at that
post.
(4.) A Trade Commissioner or an Assistant Trade
Commissioner transferred from one post to another shall be paid any living
allowances applicable to the new post as from the date on which he takes up
duty at that post.
(5.) During periods of absence from his territory
whether on official duty or on leave of absence (including sick leave but not,
including leave without pay), a Trade Commissioner or an Assistant Trade Commissioner
shall, provided that he maintains an establishment at such post during his
absence, be paid such proportion of the living allowances applicable to that
post as the Minister determines.
(6.) Where a Trade Commissioner or an Assistant Trade
Commissioner is receiving the living allowances or a proportion of the living
allowances applicable to his post during a period of absence from his
territory, and it is decided that such Trade Commissioner or Assistant Trade
Commissioner is not to resume duty at that post, the payment of the allowances
or such proportion of living allowances shall cease as soon as it is determined
that the Trade Commissioner or Assistant Trade Commissioner is not to resume
duty at that post.
Allowance
for acting as Trade Commissioner.
17. Where, during the absence of a Trade
Commissioner from his territory or during his illness, an Assistant Trade
Commissioner performs the duties of a Trade Commissioner, payment may be made
to the Assistant Trade Commissioner, during the period in which he performs
those duties, of such allowance as the Governor-General in any particular case
authorizes.
Removal
expenses.
18. — (1.) Where a Trade Commissioner or an
Assistant Trade Commissioner is appointed or transferred to a post or returns
to Australia on the termination of his appointment—
(i) the cost of removal of the personal effects of
that officer, his wife and children, shall be paid by the Department; and
(ii) the cost of removal of necessary household
furniture and effects of that officer shall, subject to the production of
vouchers, be borne by the Department.
(2.) Any payment under paragraph (ii) of the last
preceding sub-regulation shall be limited to Fifty pounds:
Provided that, when it is shown to the satisfaction of
the Secretary that the removal cannot be effected for that sum, he may
authorize payment of such additional amount as he considers reasonable.
Allowance
where furniture sold.
19. Where a Trade Commissioner or an
Assistant Trade Commissioner entitled to be paid the cost of removal of his
household furniture and effects, sells that furniture or those effects, he
shall be paid an amount equal to the loss shown to the satisfaction of the
Secretary to have been incurred by him by that sale, but not exceeding the
amount for which removal might have been effected under regulation 18 of these
Regulations.
Furniture
allowance.
20. Where, in respect of any particular post,
it is considered desirable to provide residential equipment of a permanent
nature for a Trade Commissioner, the Minister may authorize the purchase of
such equipment as he thinks fit.
Grant of sick
leave.
21. In the case of the illness of a Trade
Commissioner or an Assistant Trade Commissioner, the Secretary may, on
production of satisfactory medical evidence, grant him sick leave.
Calculation of
sick leave.
22. In the case of a Trade Commissioner or an
Assistant Trade Commissioner to whom, prior to his appointment, the Commonwealth Public Service Act
1922-1937 did not apply, the period of sick leave which may be granted shall be
ascertained in accordance with the following table of sick leave credits, the
credits to be cumulative:—
Period of Service. | Leave on full pay. | Leave on half pay. | Leave on third pay. |
Working days. | Working days. | Working days. |
On
date of appointment.......................................
| 12 | 8 | 6 |
On
completion of six months’ service .................
| 12 | 8 | 6 |
On
completion of twelve months’ service.............
| 12 | 8 | 6 |
On
completion of each additional twelve months’ service.....................................................................
| 12 | 8 | 6 |
Provided
that, in determining an officer’s sick leave credits, there shall be deducted
such sick leave with pay as may have been granted to the officer previously:
Provided further that the maximum sick leave available
with pay in respect of continuous absence through illness shall be fifty-two
weeks.
Sick leave without
pay.
23. Where an officer to whom regulation 22 of
these Regulations applies has exhausted all sick leave allowable with pay, he
may be granted sick leave without pay:
Provided that any continuous period of leave with and
without pay shall not exceed seventy-eight weeks.
Sick leave to
officer who was an officer in the Public Service.
24. A Trade Commissioner or an Assistant Trade
Commissioner to whom, prior to his appointment, the Commonwealth Public Service Act
1922-1937 applied, shall be eligible for the grant of such sick leave as he
might be granted if his service were a continuation of his service as an
officer of the Commonwealth Public Service.
Special leave
25. Where it is considered that exceptional
treatment is justified, the Minister may grant leave of absence with pay, in
addition to that authorized under the preceding regulations, for such period
as, in his opinion, the circumstances warrant.
Recreation leave
in Canada and New Zealand.
26. A Trade Commissioner or an Assistant Trade
Commissioner stationed in Canada or New Zealand or in such other country as the
Governor-General determines may be granted four weeks’ leave of absence on full
pay during each year of service. The leave of a Trade Commissioner or an
Assistant Trade Commissioner may be granted on the authority of the Secretary
or the Trade Commissioner respectively and may not, except with the approval of
the Secretary, accumulate for more than two years.
Annual
leave in the East.
27. Local recreation leave of absence of three
weeks in any one calendar year may be granted to a Trade Commissioner or an
Assistant Trade Commissioner stationed in the East on the authority of the
Secretary or the Trade Commissioner respectively, but such leave shall not be
permitted to accumulate.
Special
leave in the East.
28. Special leave to a Trade Commissioner or
an Assistant Trade Commissioner stationed in the East may be granted by the
Minister under the following conditions:—
(i) Special leave shall accrue at the rate of three
weeks for each year of service from the date of commencing duty at his post.
(ii) Such special leave shall not, except in special
circumstances, be granted at intervals of less than three years commencing from
the date on which the officer first took up duty at his post.
(iii) Time occupied by an officer in travelling by
direct route from his post to Australia and on the return journey from
Australia to his post shall not be counted as leave.
(iv) The Minister may require an officer who is
spending his special leave in Australia to make his services available for
official duty whilst in Australia, and the period of such official duty shall
be excluded when calculating the officer’s leave.
(v) Where an officer proceeds to Australia on
authorized special leave, the fares of the officer to and from Australia, and,
if accompanied by his wife and children, their fares also shall, subject to
regulation 30 of these Regulations, he paid by the Department.
(vi) The Minister may require an officer summoned to
Australia on official duty to take his accrued special leave at the time of
such official visit.
Family
visits to Australia from the East.
29. Where it becomes necessary for a Trade
Commissioner or an Assistant Trade Commissioner in the East to send his wife or
children or both wife and children to Australia, the Minister may, subject to
regulation 30 of these Regulations, authorize the payment of the fare or fares
to Australia. The Minister may authorize such payment at any time after the
arrival at his post of the officer concerned.
Limitation
on payment of fares of wives and children.
30. Payment of the fares of the wife or
children of a Trade Commissioner or Assistant Trade Commissioner, whether under
sub-regulation (2.) of regulation 12, paragraph (v) of regulation 28, or
regulation 29 of these Regulations, shall not be made more than once in three
years.
Visits
to Australia of Commissioners from other than Eastern posts.
31. The Minister may require or authorize a
Trade Commissioner or an Assistant Trade Commissioner stationed at a post other
than in the East, to visit Australia under such conditions as he determines.
Motor
car allowance.
32. Where local conditions necessitate the use
by a Trade Commissioner or an Assistant Trade Commissioner of his own motor car
for official purposes, the Minister may approve of an allowance at such rate as
is in accord with the customary local practice.
Club
membership.
33. Where a Trade Commissioner or an Assistant
Trade Commissioner becomes a member of a Chamber of Commerce or other
equivalent commercial body or of a social club, the initial fees and annual
subscriptions payable by that officer in respect of that membership shall be
paid by the Department:
Provided that the membership shall, wherever
practicable, be by official designation and not by name and that payment shall
not be made in respect of more than one commercial body and one social club.
Establishment
for local officers.
34. The Minister may authorize for each Trade
Commissioner post an establishment of local officers, and a Trade Commissioner
or an Assistant Trade Commissioner may make appointments to the positions
created in the establishment for his particular post at the rates of payment
fixed by the Minister for such establishment. Appointments outside the scale of
the authorized establishment may be made only on the approval of the Minister.
Appointments
and termination of appointments of local officers.
35. Appointments of local employees by Trade
Commissioners or Assistant Trade Commissioners shall not be made for any
specified term, but shall be subject to summary termination or termination at
such notice as is in accordance with the local practice. In terminating an
appointment a Trade Commissioner or an Assistant Trade Commissioner may, where
he considers it desirable, pay salary in lieu of notice but such payment shall,
unless otherwise authorized by the Minister, not exceed one month’s
salary.
Recreation
leave for local officers.
36. A Trade Commissioner or an Assistant Trade
Commissioner may, in his discretion, grant to local officers recreation leave
on full pay not exceeding three weeks per annum.
Special
leave without pay for local officers.
37. A Trade Commissioner or an Assistant Trade
Commissioner may grant to a local officer special leave, without pay, for any
period not exceeding twelve months, but the period during which an officer is
absent on such leave shall not, unless otherwise directed by the Minister, be
included for any purpose as part of the officer’s period of service.
Sick
leave for local officers.
38. In the case of illness of a local officer,
a Trade Commissioner or an Assistant Trade Commissioner may, in his discretion,
grant him sick leave with full pay subject to the following conditions:—
(i) Sick leave credit shall accrue at the rate of one
and a half days for each month of service and such credit shall accumulate from
month to month and from year to year of continuous service.
(ii) In determining a local officer’s sick leave
credit, there shall be deducted such sick leave with pay as may have been
granted to the officer previously.
(iii) The maximum
sick leave allowable with pay in respect of continuous absence through illness
shall be thirty-six weeks.
(iv) Where an
officer has exhausted all leave allowable with pay, he may be granted leave
without pay.