Trade Commissioners Regulations (Amendment)

Legislation au C1978L00218 Regulations Not in force Legislative Instrument

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1978 No. 218

REGULATIONS 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 Regulations under the Trade Commissioners Act 1933.

Dated this fourteenth day of November 1978.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

J. D. ANTHONY

Minister of State for Trade and Resources

 

AMENDMENTS OF THE TRADE COMMISSIONERS REGULATIONS†

Repeal of regulation 1 of Statutory Rules 1978 No. 120

1. Regulation 1 of Statutory Rules 1978 No. 120 is repealed.

Repeal of Statutory Rules 1978 No. 121

2. Statutory Rules 1978 No. 121 are repealed.

3. After regulation 30 of the Trade Commissioners Regulations the following regulations are added:

Allowance as under regulation 97 of the Public Service Regulation

“ 31. In respect of any period after 12 July 1978, a Commissioner whose headquarters are in Australia shall be entitled to be paid by way of allowance such amounts as would be payable to him under regulation 97 of the Public Service Regulations as in force from time to time—

(a) if he were an officer of the Australian Public Service; and

 

* Notified in the Commonwealth of Australia Gazette on 21 November 1978.

† Statutory Rules 1958 No. 52 as amended to date. For previous amendments see footnote † to Statutory Rules 1978 No. 12 and see also Statutory Rules 1978 Nos. 12, 13, 65, 94, 113, 114, 120 and 121.


(b) if a reference in that regulation to—

(i) Chief Officer; or

(ii) Public Service Board,

were a reference to the Minister.

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

“ 32. (1) In respect of any period after 12 July 1978, 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;

(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

“ 33. (1) In respect of any period after 12 July 1978, 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

The Trade Commissioners Regulations 1978, enacted under the Trade Commissioners Act 1933, aim to address administrative and financial discrepancies affecting Trade Commissioners operating overseas by aligning their entitlements and allowances with those of Australian Public Service officers. These regulations were made by the Governor-General, acting on the advice of the Federal Executive Council, and are intended to ensure consistency and fairness in the compensation and allowances provided to Trade Commissioners. The policy objective is to maintain the integrity and efficiency of the Australian trade network by providing equitable treatment for Trade Commissioners, thereby supporting the broader economic and diplomatic objectives of the Commonwealth.

Scope and Application

The Trade Commissioners Regulations, enacted under the Trade Commissioners Act 1933, apply to Trade Commissioners who are public servants of the Australian Government and are stationed both in Australia and overseas. These regulations govern various allowances and entitlements for these Commissioners, ensuring they receive compensation comparable to officers of the Australian Public Service when stationed overseas. The regulations cover allowances such as local, supplementary local, special local, and child allowances, as well as allowances related to the cost of services and utilities at overseas posts. These allowances are subject to the same conditions and functions as those applicable to officers of the Australian Public Service. The regulations extend to the entire Commonwealth of Australia and are enforceable nationally. However, specific exclusions or exemptions are not explicitly stated within the text of these regulations, though they would be bound by the overarching provisions of the Trade Commissioners Act 1933 and any other applicable federal laws. The regulations are subject to amendments and can be extended or restricted through subordinate instruments, as evidenced by the amendments made to previous regulations.

Key Provisions

The Trade Commissioners Regulations 1978, made under the Trade Commissioners Act 1933, primarily amend the allowances and entitlements for Trade Commissioners in Australia. Regulation 31 stipulates that from 12 July 1978, Trade Commissioners based in Australia will receive allowances equivalent to those applicable to Australian Public Service officers under the Public Service Regulation 1978, with certain references to the Chief Officer and Public Service Board adjusted to refer to the Minister (Reg. 31). Regulation 32 establishes that Trade Commissioners will be entitled to local, supplementary local, special local, and child allowances corresponding to their grade and position, similar to Australian Public Service officers, with conditions and functions aligned accordingly (Reg. 32). Additionally, Regulation 33 details that Trade Commissioners will receive allowances for services and utilities at overseas posts, mirroring the reimbursements available to Australian Public Service officers, with specified inclusions for services and utilities (Reg. 33). These regulations impose specific obligations on Trade Commissioners and the Minister. Trade Commissioners must ensure they meet the conditions and requirements outlined for each allowance, aligning them with those applicable to Australian Public Service officers (Reg. 32(2), 33(2)). The Minister is tasked with performing certain functions related to these allowances, including those that would typically be handled by the Chief Officer or the Public Service Board, such as approving and managing allowances (Reg. 32(3), 33(3)). Furthermore, the Minister must handle these functions for single Commissioners stationed at specific posts (Reg. 32(4)). Breaches of the regulations may result in various consequences. While the regulations do not explicitly outline specific offences or penalties, violations could potentially lead to administrative or legal actions under the Trade Commissioners Act 1933 or other relevant laws. These might include penalties for non-compliance, such as financial penalties or corrective actions, as determined by the applicable legislative framework. The precise penalties would depend on the nature and severity of the breach, as well as the specific provisions of the Trade Commissioners Act and associated regulations.

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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.