Statutory Rules
1973 No. 85
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 fourth day of May, 1973.
PAUL HASLUCK
Governor-General.
By His Excellency’s Command,
J. F. CAIRNS
Minister of State for Overseas Trade.
Amendments of the Trade Commissioners Regulations†
Interpretation.
1. Regulation 3 of the Trade Commissioners Regulations is amended by omitting the definition of “the Department” and substituting the following definition:—
“‘the Department’ means the Department of Overseas Trade;”.
Recreation leave.
2. (1) Regulation 14 of the Trade Commissioners Regulations is amended by omitting the word “three” and substituting the word “four”.
(2) The amendment effected by sub-regulation (1) applies to and in relation to a year of service of a Commissioner ending on or after the first day of January, 1973, and to each subsequent year of service.
* Notified in the Commonwealth Gazette on 10 May 1973.
† 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; and 1973, No. 52.
Overview
Statutory Rules 1973 No. 85, enacted under the Trade Commissioners Act 1933-1936, addresses administrative adjustments within the framework of the Trade Commissioners Regulations. The primary purpose of these regulations was to amend existing provisions to align with the changing operational structures and needs of the Department of Overseas Trade. Enacted by the Governor-General, with the advice of the Federal Executive Council, these amendments aimed to enhance the efficiency and effectiveness of the trade commissioner system by updating certain definitions and conditions of service, such as adjusting the recreation leave entitlement for trade commissioners. This legislative instrument reflects a commitment to maintaining relevant and responsive regulatory frameworks to support Australia's trade interests.
Scope and Application
The Trade Commissioners Regulations, as amended by Statutory Rules 1973 No. 85, pertain to the Trade Commissioners Act 1933-1936, impacting those employed as Trade Commissioners, specifically within the Department of Overseas Trade. This legislative instrument updates the definition of the Department from the original Trade Commissioners Regulations, aligning it with the Department of Overseas Trade, and modifies the leave entitlements for Trade Commissioners by increasing their recreation leave from three to four weeks. These changes apply to any year of service that concludes on or after January 1, 1973. The Regulations themselves are made under the authority of the Governor-General in Council and extend across the Commonwealth of Australia, affecting Trade Commissioners regardless of their specific location within the country. The scope of the amendments is limited to the interpretation of the Department and recreation leave provisions, without introducing new exclusions or exemptions. The application of these Regulations can be further defined or expanded by subsequent subordinate instruments issued under the authority of the Trade Commissioners Act.
Key Provisions
The Statutory Rules 1973 No. 85, made under the Trade Commissioners Act 1933-1936, amend the Trade Commissioners Regulations in two primary ways. Firstly, Regulation 3 is altered to redefine "the Department" as the Department of Overseas Trade (s. 1). Secondly, Regulation 14 is amended to increase the amount of recreation leave for Trade Commissioners from three to four weeks for years of service ending on or after 1 January 1973 (s. 2). These amendments reflect changes in administrative nomenclature and employee benefits.
The Trade Commissioners Regulations, as amended, impose several obligations and requirements on the Department of Overseas Trade and Trade Commissioners. The redefinition of "the Department" ensures that all references within the regulations to the former entity now correctly identify the Department of Overseas Trade. This amendment aims to streamline administrative processes and ensure clarity in the regulatory framework. Additionally, the increase in recreation leave from three to four weeks is a direct benefit to Trade Commissioners, which the Department must now administer and facilitate.
Failure to comply with the provisions of the Trade Commissioners Regulations could result in various consequences depending on the severity and nature of the breach. While the legislation does not explicitly outline specific offences, penalties, or consequences for non-compliance, breaches of statutory regulations in Australia generally can lead to civil or criminal penalties, including fines and imprisonment. The exact penalties would depend on the nature of the breach and could be determined under relevant sections of the Trade Commissioners Act or other applicable laws.
The Trade Commissioners Regulations, as amended by these statutory rules, are designed to provide clear guidance and updated terms for the functioning of Trade Commissioners and the Department of Overseas Trade. By specifying these changes, the regulations ensure that both employees and the department are aware of their respective duties and entitlements, thereby maintaining a clear and effective administrative framework.