EXPLANATORY STATEMENT
STATUTORY ROLES NO. 82 OF 1984
Issued by the Authority of the Minister for Trade
TRADE COMMISSIONERS REGULATIONS (AMENDMENT)
Regulation 5AAA - Resignation
Regulation 5AA - Voluntary Retirement
Section 12 of the Trade Commissioners Act 1933 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for giving effect to the Act.
Section 3 of the Act provides that Trade Commissioners and Assistant Trade Commissioners shall hold office for such periods and upon such conditions as are prescribed, or as the Governor-General in any particular case determines.
The Prime Minister has directed that the Public Service Board will be the general co-ordinating authority for conditions of service for Trade Commissioner staff.
The Public Service Board has advised the Commissioner for Superannuation that it supports the amendment to the Superannuation Regulations to grant voluntary early retirement to Trade Commissioners employed under the Trade Commissioners Act who are not from the Public Service.
The Australian Government Retirements Benefits Office has been advised by the Department of Finance that it is necessary to have such a provision approved as a condition of service for Trade Commissioners and other Statutory Office holders before a regulation can be agreed to under the Superannuation Act. This is similar to the case of Public Servants where explicit provisions are made in the CE(RR) Act as well as in regulations under the Superannuation Act.
The effect of the proposed insertion of Regulation 5AA is to provide Trade Commissioners with the same conditions for voluntary early retirement as for officers of the Australian Public Service.
The effect of the proposed insertion of Regulation 5AAA is to express in codified form the present entitlement of Trade Commissioners to resign subject to their resignation being accepted by the Governor-General. This is to negate any inference that may otherwise arise that the express provision of draft regulation 5AA evince an intention to abrogate that entitlement.
A similar regulation is being presented by the Australian Government Retirement Benefits Office.
Authority: Section 3 and Section 12 of the Trade Commissioners Act - 1933.