Trade Commissioners Regulations (Amendment)

Overview

Statutory Rules 1978 No. 120, enacted under the Trade Commissioners Act 1933, was introduced to address administrative and financial discrepancies in the allowances payable to trade commissioners based in Australia. This legislative instrument was made by the Governor-General of Australia, acting on the advice of the Federal Executive Council, and published in the Commonwealth of Australia Gazette on 13 July 1978. The primary objective of these regulations was to align the allowances of Australian-based trade commissioners with those applicable to officers of the Australian Public Service, ensuring consistency and fairness in remuneration. By amending the Trade Commissioners Regulations, the government aimed to rectify anomalies and provide a clear framework for the allowances, thus ensuring that trade commissioners receive appropriate compensation reflective of their roles and responsibilities.

Scope and Application

The Trade Commissioners Regulations 1978, as enacted under the Trade Commissioners Act 1933, pertain to Trade Commissioners who are based in Australia. These regulations specifically address the allowances payable to such Commissioners, aligning them with those provided to officers of the Australian Public Service as per the Public Service Regulations. The allowances are calculated in accordance with regulation 97 of the Public Service Regulations, with appropriate modifications to account for the differing authorities within the Trade Commissioner's context, namely the substitution of the Minister for the Chief Officer or the Public Service Board. Additionally, the regulations encompass amendments to the Schedule of the Trade Commissioners Regulations, which involves the removal of specific sections within the document. The regulations apply nationally within Australia and are applicable to Trade Commissioners operating within the Commonwealth, ensuring a consistent approach to allowances across the country. The scope of these regulations is limited to the financial allowances for Trade Commissioners and does not extend to other aspects of their duties or responsibilities.

Key Provisions

The key provisions of these Regulations, introduced under the Trade Commissioners Act 1933, introduce a new allowance for Trade Commissioners based in Australia. Regulation 32 states that a Commissioner whose headquarters are in Australia shall receive an allowance equivalent to the amounts payable under regulation 97 of the Public Service Regulations. This allowance is to be treated as if the Commissioner were an officer of the Australian Public Service, with specific references to the Chief Officer and Public Service Board to be read as references to the Minister (reg. 32(a), (b), (i), (ii)). Furthermore, the Regulations amend the Schedule by removing the heading “SCHEDULE 3” and all content between it and the heading “SCHEDULE 4” (reg. 2). These Regulations impose obligations on Trade Commissioners based in Australia to ensure they are compensated in line with the stipulated allowance. The allowance is to be calculated as if the Commissioner were an officer of the Australian Public Service, and specific references in the relevant regulation are to be interpreted in relation to the Minister. This amendment seeks to align the compensation structure for Trade Commissioners with that of public service officers, ensuring consistency and fairness in allowances. Breaches of these Regulations could result in legal consequences, although the specific offences, penalties, or consequences are not detailed within the text provided. However, as these Regulations are made under the Trade Commissioners Act 1933, it is likely that any breaches could be subject to the penalties or enforcement actions outlined in that principal Act. The precise nature of these consequences would depend on the specific breach and the provisions of the Trade Commissioners Act 1933.