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.
Overview
The Trade Commissioners Regulations (Amendment) 2004, issued under the authority of the Minister for Trade, was enacted to address the need for aligning the retirement conditions of Trade Commissioners with those of the Australian Public Service. This amendment was made pursuant to Sections 3 and 12 of the Trade Commissioners Act 1933, which empower the Governor-General to make regulations necessary or convenient for the effective implementation of the Act. The primary objective of this amendment is to grant Trade Commissioners the same conditions for voluntary early retirement as their counterparts in the Australian Public Service, thereby ensuring uniformity in retirement benefits across different statutory office holders. The insertion of Regulation 5AA and Regulation 5AAA aims to provide explicit codified rights for Trade Commissioners to voluntarily retire early and resign, respectively, while maintaining their entitlement to do so. This legislative action was taken following a directive from the Prime Minister, with the Public Service Board supporting the amendment to the Superannuation Regulations and the Australian Government Retirement Benefits Office recognising the necessity of such provisions.
Scope and Application
The Trade Commissioners Act 1933, as amended by the Trade Commissioners Regulations (Amendment), applies to Trade Commissioners and Assistant Trade Commissioners, who are officers appointed under the Act. The Act pertains to the conditions of their service, including matters such as resignation and voluntary early retirement. The regulations are designed to align the conditions of service for Trade Commissioners with those of officers of the Australian Public Service, particularly regarding voluntary early retirement. The jurisdictional reach of the Act and its regulations is federal, governed by the Commonwealth of Australia. The amendments provide a codified form of existing entitlements, ensuring clarity in the process of resignation and voluntary retirement, while maintaining the requirement for the Governor-General's acceptance of resignations. These regulations extend and clarify the provisions of the Act through subordinate instruments, ensuring a streamlined and consistent approach to the management of Trade Commissioner service conditions.
Key Provisions
The Trade Commissioners Regulations (Amendment) proposes two new regulations, 5AA and 5AAA, under the Trade Commissioners Act 1933. Regulation 5AA introduces provisions for voluntary early retirement for Trade Commissioners, aligning their conditions with those of officers of the Australian Public Service. Regulation 5AAA, on the other hand, formalises the existing entitlement of Trade Commissioners to resign, ensuring that their resignations must be accepted by the Governor-General, thereby clarifying that the introduction of Regulation 5AA does not intend to alter this existing entitlement. These regulations seek to ensure that Trade Commissioners have the same opportunities and conditions for early retirement and resignation as their counterparts in the Australian Public Service.
The Trade Commissioners Regulations (Amendment) imposes specific obligations on Trade Commissioners regarding their eligibility and process for voluntary early retirement and resignation. For voluntary early retirement under Regulation 5AA, Trade Commissioners must meet the conditions set forth by the Australian Government Retirement Benefits Office and the Department of Finance, which mirror the conditions applicable to Australian Public Service officers. Regulation 5AAA ensures that any resignation by a Trade Commissioner is subject to acceptance by the Governor-General, maintaining the formal requirement for resignations to be acknowledged by the highest authority. These obligations are intended to provide clarity and consistency in the process for Trade Commissioners seeking to retire early or resign.
Breaching the provisions outlined in the Trade Commissioners Regulations (Amendment) could lead to various consequences, though the explanatory statement does not specify particular penalties or offences. However, it is implied that adherence to these regulations is crucial, as they are designed to align with broader public service standards and practices. Failure to comply with the stipulated conditions for voluntary early retirement or the formal resignation process could potentially result in administrative or legal repercussions, although the exact nature of these consequences is not detailed within the explanatory statement. It is important for Trade Commissioners to understand and follow these regulations to avoid any adverse outcomes.