Trade Commissioners Regulations (Amendment)

Legislation au C1974L00118 Regulations Not in force Legislative Instrument

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1974 No. 118

REGULATIONS UNDER THE TRADE COMMISSIONERS ACT 1933-1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Trade Commissioners Act 1933-1973.

Dated this twenty-eighth day of June, 1974.

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—

(a) by inserting in the definition of “designated post” before the word “Bahrain” the words “Arab Republic of Egypt”; and

(b) by omitting from the definition of “designated post” the words “Ceylon”, “Nigeria”, “Peru” and “United Arab Republic”.

2. After regulation 6 of the Trade Commissioners Regulations the following regulation is inserted:—

Mileage allowance.

6a. (1) A reference in this regulation to a Commissioner’s vehicle, in relation to a journey, shall be read as including a reference to a vehicle, not being a vehicle owned by the Commonwealth—

(a) hired by the Commissioner and used on the journey; or

(b) of which the Commissioner has been permitted to have the use on the journey.

“(2) A Commissioner who, with the approval of the Minister, uses his motor vehicle to travel on official duty in Australia shall be paid an allowance—

(a) if the engine of the vehicle has not less than six cylinders—at the rate of eight cents and two-tenths of a cent; or

(b) if the engine of the vehicle has less than six cylinders—at the rate of seven cents,

for each mile that the vehicle travels when he so uses it.

 

* Notified in the Australian Government Gazette on 9 July 1974.

† 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, Nos. 52, 85 and 136.


“(3) A Commissioner who, with the approval of the Minister, uses his motor vehicle—

(a) to transport in the vehicle a person or persons the cost of whose conveyance would otherwise be borne by the Commonwealth;

(b) to transport in or on the vehicle stores or equipment the weight of which is not less than two hundredweights in such circumstance that the cost of the conveyance of those stores or equipment would otherwise be borne by the Commonwealth; or

(c) to haul his caravan or trailer,

to suit the convenience of the Commonwealth, on a journey in respect of which he is entitled to be paid an allowance under the last preceding sub-regulation shall be paid, in addition to that allowance, an allowance at the rate of One cent for each mile of the journey.

“(4) Where—

(a) a Commissioner is entitled to payment of an allowance under sub-regulation (2) of this regulation, but is not entitled to payment of an allowance under the last preceding sub-regulation, in respect of the use of his motor vehicle on a journey; and

(b) the amount of the allowance under sub-regulation (2) of this regulation exceeds the amount that would have been payable by the Commonwealth for the conveyance of the Commissioner if the Commissioner had not used his motor vehicle on the journey,

the amount otherwise payable to the Commissioner shall be reduced by the amount of the excess.

“(5) Where—

(a) a Commissioner is entitled to payment of an allowance under sub-regulation (2), and to payment of an additional allowance under sub-regulation (3), of this regulation, in respect of the use of his motor vehicle on a journey; and

(b) the amount of the allowance under sub-regulation (2) of this regulation, together with the amount of the additional allowance under sub-regulation (3) of this regulation, exceeds the amount that would have been payable by the Commonwealth for the conveyance of the Commissioner and the other person or persons if the Commissioner had not used his motor vehicle on the journey,

the amount otherwise payable to the Commissioner shall be reduced by the amount of the excess.”.

“(6) The Minister shall, in deciding whether to give an approval under this regulation in relation to a Commissioner, have regard to the following matters:—

(a) whether the use of the vehicle by the Commissioner would assist him to perform his duties more efficiently; and

(b) whether the use of the vehicle would involve the Commonwealth in less expense than would be the case if the vehicle were not so used.”.

Insurance of furniture and effects.

3. Regulation 10 of the Trade Commissioners Regulations is repealed.

Overview

The Trade Commissioners Regulations 1974, issued under the Trade Commissioners Act 1933-1973, were enacted by the Governor-General of Australia on 28 June 1974. This legislative instrument was created to amend existing regulations regarding Trade Commissioners, specifically addressing the allowance for mileage when using personal vehicles for official duties, as well as the insurance of furniture and effects. The Trade Commissioners Regulations 1974 sought to streamline and update the allowances and responsibilities of trade commissioners in various designated posts, ensuring that they could effectively perform their duties while also considering the financial implications for the Commonwealth. The policy objective, as implied in the regulations, is to provide a fair and efficient method for compensating trade commissioners for their use of personal vehicles on official business, and to ensure that the Commonwealth does not incur unnecessary expenses. The regulations were made with the advice of the Executive Council and signed by the Governor-General, indicating the involvement of the highest levels of the Australian government in enacting these changes. The Trade Commissioners Act 1933-1973 serves as the legislative foundation for these regulations, which aim to address the evolving needs of trade commissioners in their official capacities.

Scope and Application

The Trade Commissioners Regulations, made under the Trade Commissioners Act 1933-1973, apply to Trade Commissioners who are Australian public servants appointed to promote trade and investment overseas. These Regulations govern the allowances for the use of vehicles by Trade Commissioners on official duty, including mileage and additional allowances for certain transportation tasks. The application extends to all Trade Commissioners operating within Australia and overseas, as specified in the designated posts. The Regulations also detail the conditions under which a Commissioner can use their own vehicle on official duty, including the calculation of allowances and the reduction of payments if the use of the vehicle results in lower costs for the Commonwealth. The Regulations are subject to the approval of the Minister, who considers factors such as the efficiency of duty performance and the cost-effectiveness of using the Commissioner's vehicle. Additionally, the Regulations have been updated to reflect changes in designated posts and the repeal of certain provisions related to the insurance of furniture and effects.

Key Provisions

These Regulations amend the Trade Commissioners Regulations by adding the Arab Republic of Egypt as a designated post and removing Ceylon, Nigeria, Peru, and the United Arab Republic from the list of designated posts (Regulation 3). Furthermore, they introduce a new regulation (Regulation 6a) concerning mileage allowances for Trade Commissioners using their own vehicles for official duties within Australia. If a Commissioner uses their motor vehicle for official duties, they can claim an allowance at a specified rate per mile based on the number of cylinders in the engine (Regulation 6a(2)). If the vehicle is used to transport persons, stores, equipment, or to haul a caravan or trailer, an additional allowance is payable (Regulation 6a(3)). The Commissioner must seek approval from the Minister before claiming these allowances. The Minister considers whether the use of the vehicle would enhance the Commissioner's efficiency or save the Commonwealth expenses (Regulation 6a(6)). These Regulations impose several obligations on Trade Commissioners and the Minister. Trade Commissioners must obtain the Minister's approval before using their vehicle for official duties and claiming a mileage allowance (Regulation 6a(6)). The Commissioner must also ensure that any vehicle used is suitable for the tasks required, such as transporting people or heavy equipment, if an additional allowance is to be claimed (Regulation 6a(3)). The Minister, on the other hand, must consider specific factors, including efficiency and cost-effectiveness, when deciding whether to approve the use of a Commissioner's vehicle for official duties (Regulation 6a(6)). The Regulations do not explicitly state any offences, penalties, or consequences for breach. However, it is reasonable to infer that failure to adhere to the outlined procedures, such as not obtaining the Minister's approval before claiming an allowance or misusing the allowance system, could lead to the Commissioner being denied payment. There are no stipulated criminal or civil penalties in these Regulations, but the potential financial implications for the Commonwealth due to improper claims or misuse of the allowance system could be significant.

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