Trade Commissioners Regulations (Amendment)

Legislation au C1976L00270 Regulations Not in force Legislative Instrument

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Statutory Rules

1976 No. 270

REGULATIONS UNDER THE TRADE COMMISSIONERS ACT 1933.*

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 ninth day of December, 1976.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

JOHN HOWARD

Minister of State for Business and Consumer Affairs

for and on behalf of the Minister of State for Overseas Trade.

______

Amendments of the Trade Commissioners Regulations†

Allowances, and deductions from salary, for residential accommodation.

1. After regulation 25 of the Trade Commissioners Regulations the following regulation is added:—

“ 26. (1) A Commissioner shall be entitled to be paid, by way of allowances in respect of the occupation by the Commissioner, while stationed at a post, of residential accommodation under private leasing arrangements, such amounts as would be payable to him by way of rent allowance or reimbursement of fees in respect of that residential accommodation if he were an officer of the Australian Public Service.

“ (2) A Commissioner shall be entitled to be paid, by way of allowances, such amounts as would be payable to him by way of reimbursement of costs incurred in searching for residential accommodation if he were an officer of the Australian Public Service.

“ (3) Where a Commissioner occupies, while stationed at a post, residential accommodation purchased or leased by the Commonwealth, there shall be deducted from his salary, by way of rental contribution (including contribution in respect of any utilities or associated services included in the rental of the residential accommodation) in respect of that residential accommodation, such amounts as would be deducted if he were an officer of the Australian Public Service.

*Notified in the Australian Government Gazette on 15 December 1976.

† 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; 1969, No. 89; 1971, No. 36; 1973, Nos. 52, 85 and 136; 1974, Nos. 118, 132, 133, 163, 194 and 209; 1975, Nos. 25, 76, 104, 155 and 216; and 1976, Nos. 76, 93, 132, 134, 171, 172 and 199.


“ (4) Any function that could be performed by the Public Service Board, in relation to a matter referred to in sub-regulation (1) or (3), in relation to a Commissioner if he were an officer of the Australian Public Service may be so performed by the Minister.”.

Schedule.

2. The Schedule to the Trade Commissioners Regulations is amended by omitting the heading “ SCHEDULE 10 ” and all words and figures between that heading and the heading “ SCHEDULE 14 ”.

Overview

Statutory Rules 1976 No. 270, made under the Trade Commissioners Act 1933, addresses the need to standardise the allowances and deductions from salary for residential accommodation for Trade Commissioners stationed overseas. Enacted by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, these regulations ensure consistency in how allowances and deductions are applied to Trade Commissioners, aligning their conditions with those of officers in the Australian Public Service. The policy objective is to provide clarity and fairness in the compensation and deductions for Trade Commissioners, thereby maintaining consistency and fairness in their overseas postings.

Scope and Application

The Trade Commissioners Regulations, 1976, which are statutory rules made under the Trade Commissioners Act 1933, pertain to the allowances and deductions from salary for residential accommodation for Trade Commissioners stationed at a post. These regulations apply to Trade Commissioners, who are federal public servants operating in various locations abroad, ensuring they receive appropriate allowances and deductions for their living arrangements. The regulations specify that the allowances for residential accommodation under private leasing arrangements and the reimbursement of costs for searching for residential accommodation should be the same as those provided to Australian Public Service officers. Additionally, if a Commissioner occupies residential accommodation purchased or leased by the Commonwealth, there shall be deductions from their salary for rental contributions, including any utilities or associated services, in the same manner as for Australian Public Service officers. The Minister has the authority to perform functions related to these allowances and deductions, which would otherwise be the responsibility of the Public Service Board for Australian Public Service officers. The regulations extend to adjustments in the Trade Commissioners Regulations, as detailed in the schedule, with specific amendments to the allowances and deductions.

Key Provisions

The Regulations under the Trade Commissioners Act 1933 provide specific provisions for the allowances and deductions related to residential accommodation for Trade Commissioners. Regulation 26(1) ensures that a Commissioner is entitled to be paid allowances for residential accommodation under private leasing arrangements, similar to what an Australian Public Service officer would receive as a rent allowance or reimbursement of fees. Regulation 26(2) further extends this entitlement to cover costs incurred in searching for residential accommodation, again on par with Australian Public Service officers. Conversely, Regulation 26(3) mandates deductions from a Commissioner's salary for residential accommodation purchased or leased by the Commonwealth, which would include contributions for utilities or associated services, in line with deductions applicable to Australian Public Service officers. Finally, Regulation 26(4) grants the Minister the authority to perform functions that the Public Service Board would carry out for Commissioners, concerning allowances and deductions related to residential accommodation. These Regulations impose specific obligations on Trade Commissioners regarding their residential accommodation. They must ensure that they are aware of and claim any allowances they are entitled to under private leasing arrangements or for costs incurred in searching for accommodation, as per Regulations 26(1) and 26(2). Additionally, if they occupy residential accommodation provided by the Commonwealth, they must accept the corresponding salary deductions as outlined in Regulation 26(3). The Regulations also necessitate that the Minister or the appropriate authority manage and oversee these allowances and deductions to ensure compliance with the provisions set out in the Regulations. The Regulations do not explicitly outline offences, penalties, or civil/criminal consequences for breach. However, non-compliance with the stipulated allowances and deductions could result in disputes regarding salary adjustments and potential administrative actions to rectify any discrepancies. While the Regulations themselves do not prescribe specific penalties, any failure to adhere to the allowances and deductions requirements could lead to internal administrative consequences, including salary adjustments or investigations into the Commissioner's compliance with their employment conditions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.