EXPLANATORY STATEMENT
STATUTORY RULES NO. 212 OF 1982
Issued by the Authority of the Minister for Trade and Resources.
TRADE COMMISSIONERS REGULATIONS (AMENDMENT)
Regulation 14 - Recreation Leave.
Regulation 14B - Granting of leave subject to deduction from future recreation leave credits.
Regulation 42 - Assistance with fares during recreation leave.
Section 12 of the Trade Commissioners Act 1933 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for giving effect to the Act.
Sub-Section 4(2) of the Act provides that a Trade Commissioner or an Assistant Trade Commissioner who was not, immediately prior to his appointment, an officer of the Public Service of the Commonwealth shall be paid such salary, allowances and expenses as are prescribed or as the Governor-General in any particular case determines. Sub-Section 6(3) of the Act provides that an officer of the Public Service of the Commonwealth, who is appointed a Trade Commissioner, shall be paid salary at the same rate as he was being paid immediately prior to his appointment, together with such additional remuneration and allowances as are prescribed or as the Governor-General in any particular case determines.
The Prime Minister has directed that the Public Service Board will be the general co-ordinating authority for conditions of service for the Trade Commissioner staff.
The Public Service Board has no objection to the proposal to give Trade Commissioners and Assistant Trade Commissioners, by way of regulation, the same conditions as public servants in respect of:
- recreation leave and additional recreation leave;
- granting of leave subject to deduction from future recreation leave credits; and
- assistance with fares during recreation leave while serving at an overseas post.
The Attorney-General’s Department has prepared draft Statutory Rules repealing Regulation 14 and substituting a new Regulation and providing two new Regulations as follows:
• Regulation 14 - Recreation Leave.
• Regulation 14B- Granting of leave subject to deduction from future recreation leave credits.
• Regulation 42 - Assistance with fares during recreation leave.
Each new Regulation gives Trade Commissioners and Assistant Trade Commissioners the same conditions as prescribed for officers of the Australian Public Service.
Overview
The Trade Commissioners Regulations (Amendment) 1982 were enacted to address gaps in the conditions of service for Trade Commissioners and Assistant Trade Commissioners by aligning their leave entitlements and travel assistance with those of Australian Public Service officers. This amendment to the Trade Commissioners Regulations 1933 was made under the authority of the Minister for Trade and Resources, following a directive from the Prime Minister that the Public Service Board should coordinate the conditions of service for Trade Commissioner staff. The Public Service Board supported the proposal to equalise the conditions, which led to the preparation of draft Statutory Rules by the Attorney-General’s Department. These rules involved repealing the existing Regulation 14 and introducing new Regulations 14, 14B, and 42, thereby providing Trade Commissioners and Assistant Trade Commissioners with the same recreation leave benefits, conditions for granting leave with deductions from future credits, and assistance with travel fares during recreation leave as public servants.
Scope and Application
The Trade Commissioners Regulations (Amendment) Statutory Rules 1982 provide amendments to the Trade Commissioners Regulations under the Trade Commissioners Act 1933. These regulations apply to Trade Commissioners and Assistant Trade Commissioners, who are appointed under the Act, and determine their conditions of service. This includes the terms and conditions regarding recreation leave, leave with deductions from future recreation leave credits, and assistance with fares during recreation leave while serving at an overseas post. These regulations are applicable Commonwealth-wide and are consistent with the conditions of service for officers of the Australian Public Service, as coordinated by the Public Service Board. Notably, these regulations extend the existing legislative framework by providing detailed conditions for leave entitlements and related benefits, which were previously not explicitly covered by the Act. However, these regulations do not introduce any exclusions or exemptions, but rather align the conditions for Trade Commissioners and Assistant Trade Commissioners with those applicable to public servants.
Key Provisions
The Trade Commissioners Regulations (Amendment) primarily amend the provisions concerning recreation leave, the granting of leave with deductions from future recreation leave credits, and assistance with fares during recreation leave, as stipulated in the Trade Commissioners Act 1933 (the Act) (sections 12 and 14). These regulations, made under the authority of the Minister for Trade and Resources, align the conditions of service for Trade Commissioners and Assistant Trade Commissioners with those applicable to officers of the Australian Public Service. This alignment is achieved by repealing and substituting Regulation 14, and introducing two new regulations, Regulation 14B and Regulation 42. Regulation 14 pertains to recreation leave, Regulation 14B to the granting of leave with deductions from future recreation leave credits, and Regulation 42 to assistance with fares during recreation leave.
The obligations and requirements imposed by these regulations are primarily centred around ensuring that Trade Commissioners and Assistant Trade Commissioners receive the same conditions as public servants in relation to recreation leave and associated benefits. This includes the accrual of recreation leave credits, the ability to grant leave subject to deductions from future recreation leave credits, and financial assistance for travel costs during recreation leave while serving at an overseas post. The regulations require that these conditions be administered in a manner consistent with the provisions set out in the Act and the associated regulations. The Public Service Board is designated as the general coordinating authority for the conditions of service for Trade Commissioner staff, ensuring that the implementation of these regulations aligns with broader public service standards and practices.
Failure to comply with the provisions of the Trade Commissioners Regulations (Amendment) could result in legal repercussions. Although the Explanatory Statement does not specify particular offences, penalties, or consequences for breach, it is reasonable to infer that non-compliance with regulations made under the Trade Commissioners Act 1933 could lead to enforcement actions. Typically, breaches of such regulations might be subject to administrative penalties, and in more severe cases, could lead to civil or criminal liability depending on the nature and extent of the breach. The specific penalties would depend on the particular provisions of the Act and any relevant case law. Given that these regulations are designed to align the conditions of service for Trade Commissioners with those of public servants, any significant deviation could potentially undermine the integrity of the regulatory framework and lead to disciplinary actions against the responsible officials.