Statutory Rules
1974 No. 132
REGULATION 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 Regulation under the Trade Commissioners Act 1933-1973.
Dated this thirty-first day of July, 1974.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
J. F. CAIRNS
Minister of State for Overseas Trade.
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Amendment Of The Trade Commissioners Regulations†
After regulation 14 of the Trade Commissioners Regulations the following regulations are inserted:—
Bereavement leave.
“15. A Commissioner may be granted leave of absence for a period not exceeding three days without deduction from recreation leave upon the death of a spouse, parent, brother, sister or child of the Commissioner.
Special leave.
“15a. (1) A Commissioner may, upon sufficient cause being shown, be granted leave of absence for a period not exceeding three days in any period of twelve months without deduction from recreation leave—
(a) to carry out pre-embarkation arrangements;
(b) to carry out settling-in arrangements;
(c) to attend at, and sit for, prescribed examinations; and
(d) to deal with an emergency of a domestic nature other than the death of a relative referred to in regulation 15.
“(2) In this regulation “prescribed examination” means an examination in a course for a degree or diploma at a university or other institution.
Grant of leave.
“15b. For the purposes of regulations 15 and 15a, bereavement leave or special leave, as the case may be, shall be granted—
(a) in the case of a Trade Commissioner—by the Minister; and
(b) in the case of an Assistant Trade Commissioner—by the Trade Commissioner who supervises the performance of duties by the Assistant Trade Commissioner.”.
* Notified in the Australian Government Gazette on 31 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; 1973, Nos. 52, 85 and 136; and 1974, No. 118.
Overview
Statutory Rules 1974 No. 132, enacted by the Governor-General on the advice of the Executive Council, amends the Trade Commissioners Regulations under the Trade Commissioners Act 1933-1973. The regulation introduces provisions to provide additional leave for Trade Commissioners, aiming to support their personal and professional needs. The policy objective is to ensure that Trade Commissioners can manage their personal circumstances and professional obligations more effectively, without impacting their recreation leave. This amendment acknowledges the importance of work-life balance for those in public service roles, particularly those who are often stationed overseas. By providing specific leave for bereavement and special circumstances, the regulation seeks to alleviate some of the unique stresses faced by Trade Commissioners, allowing them to attend to important personal matters or educational commitments without penalty.
Scope and Application
The Trade Commissioners Regulations 1974 provide specific provisions for the leave entitlements of Trade Commissioners and Assistant Trade Commissioners, falling under the Trade Commissioners Act 1933-1973. These regulations apply to Trade Commissioners and Assistant Trade Commissioners, who are public officers responsible for promoting Australian trade and investment overseas. The leave provisions are designed to accommodate personal circumstances and professional needs of these officers, including bereavement leave and special leave for various reasons such as pre-embarkation arrangements, settling-in arrangements, attending prescribed examinations, and dealing with domestic emergencies. The scope of the Act is limited to the leave entitlements of Trade Commissioners and Assistant Trade Commissioners and does not extend to other aspects of their employment or other personnel within the trade sector. The leave provisions can be granted by the Minister for Trade Commissioners and by the supervising Trade Commissioner for Assistant Trade Commissioners. This regulation extends the application of the Trade Commissioners Act by providing detailed rules on leave entitlements, thereby enhancing the operational flexibility and support for these officers in their international roles.
Key Provisions
The Trade Commissioners Regulations, 1974, introduce specific provisions regarding leave entitlements for Trade Commissioners and Assistant Trade Commissioners under the Trade Commissioners Act 1933-1973. Regulation 15 allows for bereavement leave, permitting a Commissioner to take up to three days off without any deduction from their recreation leave upon the death of a spouse, parent, brother, sister, or child. Regulation 15a introduces special leave, which may be granted for up to three days within any twelve-month period under certain conditions. These conditions include making pre-embarkation arrangements, settling-in arrangements, attending and sitting for prescribed examinations, and dealing with domestic emergencies that are not related to the death of a close family member. In this context, a "prescribed examination" refers to an examination in a course for a degree or diploma at a university or other institution.
These regulations impose specific obligations on the Minister and Trade Commissioners. The Minister is responsible for granting bereavement and special leave to Trade Commissioners, while Trade Commissioners must supervise the duties of Assistant Trade Commissioners and have the authority to grant them bereavement and special leave. These obligations ensure that Trade Commissioners and Assistant Trade Commissioners can manage their professional and personal commitments effectively.
Failure to adhere to these regulations could result in various consequences, although the specific legal penalties are not outlined in the provided text. Generally, breaches of statutory regulations can lead to administrative penalties, fines, or other disciplinary actions depending on the severity and nature of the breach. However, without explicit penalties mentioned in this particular legislation, it would be prudent to refer to the overarching Trade Commissioners Act 1933-1973 or related legal frameworks for detailed information on potential consequences.