EXPLANATORY STATEMENT
STATUTORY RULES NO. 107 OF 1982
Issued by the Authority of the Minister for Trade and Resources.
TRADE COMMISSIONERS REGULATIONS (AMENDMENT)
Regulation 31 - Allowance under regulation 97 of Public Service Regulations
Regulation 38 - Higher Duties Allowance
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.
Sub-Section 4(2) of the Act provides that a Trade Commissioner or an Assistant Trade Commissioner who was not, immediately prior to his appointment, an officer of the Public Service of the Commonwealth shall be paid such salary, allowances and expenses as are prescribed or as the Governor-General in any particular case determines. Sub-Section 6(3) of the Act provides that an officer of the Public Service of the Commonwealth, who is appointed a Trade Commissioner, shall be paid salary at the same rate as he was being paid immediately prior to his appointment, together with such additional remuneration and allowances 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 the Trade Commissioner staff.
The Public Service and Statutory Authorities Amendment Act 1980, introduced provisions into the Public Service Act to permit the Public Service Board to make determinations in relation to terms and conditions of employment of officers and employees under the Public Service Act.
- These determinations are in substitution for regulations made under the Public Service Act.
The Public Service Board has informed Departments of the implications for other Acts and Regulations which refer to Public Service Regulations and of the need for such regulations to be identified and amended to delete any reference to the Public Service Regulations.
- Trade Commissioners Regulations 31 and 38 consequently requirement amendment.
The Attorney-General’s Department has prepared draft Statutory Rules to amend:
- Regulation 31 - Allowance under Regulation 97 of Public Service Regulations, by repealing the regulations and substituting a regulation for “Allowance in respect of certain accommodation” giving Trade Commissioners the same level of allowance as prescribed for public servants, without reference to Public Service Regulations; and
- Regulation 38 - Higher Duties Allowance, by deleting reference to furlough granted under the Public Service Act 1922 and reference to the Public Service Regulations.
Overview
The Trade Commissioners Regulations (Amendment) Statutory Rules 1982 were enacted to address the need for aligning the allowances and conditions of service for Trade Commissioners with the broader changes in the Public Service Act, as facilitated by the Public Service and Statutory Authorities Amendment Act 1980. This amendment was introduced to ensure consistency and effectiveness in the administration of the Trade Commissioners Act 1933. The regulations were issued under the authority of the Minister for Trade and Resources and reflect the policy objective of updating the Trade Commissioners' terms of service to align with modern public service standards and practices. By removing specific references to the Public Service Regulations, these amendments aim to streamline the regulatory framework and ensure that Trade Commissioners receive allowances and remunerations that are equivalent to those of other public servants, without the need for direct references to the Public Service Regulations.
Scope and Application
The Trade Commissioners Act 1933 governs the appointment, remuneration, and conditions of service for Trade Commissioners and Assistant Trade Commissioners, who are instrumental in promoting Australian trade and investment overseas. The Act applies to individuals appointed as Trade Commissioners or Assistant Trade Commissioners, including those who are and are not officers of the Public Service of the Commonwealth, and is administered under the authority of the Minister for Trade and Resources. It mandates that the Public Service Board, as the general coordinating authority, determines the conditions of service for these officials, encompassing allowances, salaries, and expenses. The Commonwealth's jurisdiction extends to the Act, which mandates that regulations made under it must be consistent with the Act and serve its objectives. The Trade Commissioners Regulations, specifically Regulations 31 and 38, have been amended to align with changes in the Public Service Act and Regulations, eliminating references to the Public Service Regulations and substituting specific allowances and conditions to ensure clarity and consistency in remuneration and entitlements for Trade Commissioners.
Key Provisions
The Trade Commissioners Regulations (Amendment) Statutory Rules 1982 include amendments to Regulation 31 and Regulation 38 of the Trade Commissioners Regulations. Regulation 31, previously referring to Regulation 97 of the Public Service Regulations, has been repealed and replaced with a new regulation for “Allowance in respect of certain accommodation” (Regulation 31). This amendment ensures that Trade Commissioners receive the same level of allowance for accommodation as prescribed for public servants, without making specific reference to the Public Service Regulations. Regulation 38 has been amended to remove references to furlough granted under the Public Service Act 1922 and to the Public Service Regulations (Regulation 38). These changes reflect the broader policy shift towards streamlining references to the Public Service Regulations across various Acts and regulations.
The Trade Commissioners Regulations (Amendment) Statutory Rules 1982 impose certain obligations on the Trade Commissioner staff. These include adherence to the new allowance provisions outlined in Regulation 31 and the updated Higher Duties Allowance in Regulation 38. The amendments ensure consistency in the treatment of Trade Commissioners in terms of accommodation allowances and higher duties, aligning these provisions more closely with general public service standards. Furthermore, these regulations necessitate that the Public Service Board, as the general coordinating authority, updates and maintains the terms and conditions of employment for Trade Commissioners. This includes ensuring that any statutory references to the Public Service Regulations are appropriately amended or removed to reflect the changes enacted by these rules.
Breach of the provisions set out in the Trade Commissioners Regulations (Amendment) Statutory Rules 1982 could result in various consequences. While the specific offences and penalties are not detailed within the text of these rules, non-compliance with statutory regulations generally could lead to administrative penalties or legal action under the Trade Commissioners Act 1933 or other relevant legislation. The consequences may vary depending on the nature and severity of the breach but could potentially include financial penalties, corrective actions, or further regulatory scrutiny. The exact penalties would be determined in accordance with the relevant legal frameworks and the discretion of the courts or administrative bodies involved.