Trade Commissioners Regulations (Amendment)

Legislation au C1978L00121 Regulations Not in force Legislative Instrument

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Statutory Rules

1978 No. 121

REGULATION UNDER THE TRADE COMMISSIONERS ACT 1933*

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

Dated this seventh day of July 1978.

ZELMAN COWEN

Governor-General

By His Excellencys Command,

J. D. ANTHONY

Minister of State for Trade and Resources

 

AMENDMENT OF THE TRADE COMMISSIONERS REGULATIONS†

After regulation 32 of the Trade Commissioners Regulations the following regulations are added:

Local allowance, supplementary local allowance, special local allowance and child allowance

33. (1.) A Commissioner shall be entitled to be paid, by way of local allowance, supplementary local allowance, special local allowance and child allowance such amounts as he would be entitled to be paid by way of those allowances if he were an officer of the Australian Public Service and occupied overseas, in the Australian. Public Service, in the case of a—

(a) Trade Commissioner (Special Grade 1), Trade Commissioner (Special Grade 2) or Trade Commissioner, Grade A—a Level 2 position in the Second Division;

(b) Trade Commissioner, Grade B—a Level 1 position in the Second Division;

(c) Trade Commissioner, Grade C—a Class 11 administrative position;

 

* Notified in the Commonwealth of Australia Gazette on 13 July 1978.

† Statutory Rules 1958, No. 52 as amended to date. For previous amendments of the Trade Commissioners Regulations see footnote † to Statutory Rules 1978, No. 12 and see also Statutory Rules 1978, Nos. 12, 13, 65, 94, 113, 114 and 120.


(d) Assistant Trade Commissioner, Grade 1—a Class 9 administrative position;

(e) Assistant Trade Commissioner, Grade 2—a Class 6 administrative position; or

(f) Assistant Trade Commissioner, Grade 3—a Class 5 administrative position.

(2) An entitlement of a Commissioner under sub-regulation (1) shall be subject to the same conditions that would be applicable to the corresponding entitlement of an officer of the Australian Public Service.

(3) Any function that in relation to an entitlement of an officer of the Australian Public Service, referred to in sub-regulation (1), may be performed by the Chief Officer of a Department or the Public Service Board may, in relation, to an entitlement given by that sub-regulation, be performed by the Minister.

(4) Any function that in relation to an entitlement of an officer of the Australian Public Service, referred to in sub-regulation (1), may be performed by the head of the mission or post at which the officer is stationed, may, in relation to an entitlement given by that sub-regulation to a Commissioner who is the only Commissioner stationed at a particular, post, be performed by the Minister.

Allowance in relation to services and utilities at an overseas post

34. (1) A Commissioner shall be entitled to be paid by way of allowance in relation to the cost of services and utilities at an overseas post such amounts as he would be entitled to be paid by way of reimbursement of payments in relation to those matters if he were an officer of the Australian Public Service.

(2) An entitlement of a Commissioner under sub-regulation (1) shall be subject to the same conditions that would be applicable to the corresponding entitlement of an officer of the Australian Public Service.

(3) Any function that in relation to an entitlement of an officer of the Australian Public Service, referred to in sub-regulation (1), may be performed by the Public Service Board may, in relation to an entitlement given by that sub-regulation, be performed by the Minister.

(4) In this regulation—

services includes gardening, household security, domestic services, cleaning services, maintenance services, snow clearing, chimney sweeping and common services to flats;

utilities includes electricity, gas, firewood, coal, coke, kerosene, heating oil, water, water softening agents, sewerage, any other sanitary services, garbage collection, air conditioning and public transport..

Overview

Statutory Rules 1978 No. 121, made under the Trade Commissioners Act 1933, addresses the need to standardise the allowances and entitlements for Trade Commissioners working overseas, aligning them with those of Australian Public Service officers. Enacted by the Governor-General on the advice of the Federal Executive Council, these regulations aim to ensure that Trade Commissioners receive consistent and fair compensation for their roles, mirroring the allowances provided to Australian Public Service officers in similar positions. This legislative instrument establishes clear guidelines for local, supplementary local, special local, and child allowances, as well as allowances for services and utilities at overseas posts, ensuring that Trade Commissioners are appropriately compensated for their duties and the unique challenges of working abroad.

Scope and Application

The Trade Commissioners Regulations, as amended by Statutory Rules 1978 No. 121, provide specific allowances for Trade Commissioners stationed overseas, aligning their entitlements with those of officers in the Australian Public Service. These regulations apply to Trade Commissioners and Assistant Trade Commissioners, granting them allowances for local costs, supplementary local costs, special local costs, and child costs, based on their grade and the corresponding levels in the Australian Public Service. Additionally, Trade Commissioners are entitled to allowances for services and utilities at their overseas posts, such as gardening, electricity, and public transport, again mirroring the entitlements of Australian Public Service officers. These allowances are subject to the same conditions that apply to public service officers, and certain functions related to these entitlements can be performed by the Minister rather than the Chief Officer of a Department or the Public Service Board, particularly when the Commissioner is the sole representative at a post. The regulations thus ensure that Trade Commissioners receive equitable compensation while serving abroad.

Key Provisions

The Trade Commissioners Regulations, as amended, establish specific allowances for Trade Commissioners and Assistant Trade Commissioners working overseas, aligning their entitlements with those of Australian Public Service officers in similar positions (reg. 33). This regulation ensures that these individuals receive local, supplementary local, special local, and child allowances that match the standards set for Australian Public Service officers in comparable roles. The allowances are contingent on the same conditions that apply to Australian Public Service officers (reg. 33(2)). Furthermore, the regulation outlines the functions that can be performed by the Minister, such as those typically executed by the Chief Officer of a Department or the Public Service Board, or by the head of the mission or post where the Commissioner is stationed (reg. 33(3)-(4)). The obligations imposed by the Trade Commissioners Regulations include ensuring that Trade Commissioners and Assistant Trade Commissioners are paid allowances equivalent to those of Australian Public Service officers in equivalent positions, subject to the same conditions (reg. 33(2)). Additionally, the regulation specifies that the Minister can perform certain functions related to these allowances, which would otherwise be the responsibility of the Chief Officer of a Department or the Public Service Board, or the head of the mission or post where the Commissioner is stationed (reg. 33(3)-(4)). The regulation also mandates that Commissioners be paid an allowance related to the cost of services and utilities at an overseas post, mirroring the reimbursement payments for Australian Public Service officers (reg. 34(1)). The conditions for this allowance are the same as those applicable to Australian Public Service officers (reg. 34(2)), and the Minister can perform relevant functions in place of the Public Service Board (reg. 34(3)). The regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, non-compliance with the outlined allowances and conditions could potentially lead to disputes or legal actions related to remuneration and entitlements, which would need to be addressed in line with the general principles of contract law and employment regulations. The precise legal consequences would depend on the nature and extent of the breach, as well as the specific circumstances of each case.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.