Trade Commissioners Regulations (Amendment)

Overview

The Trade Commissioners Regulations (Amendment) Statutory Rules No. 266 of 1982, issued under the authority of the Minister for Trade and Resources, amend the Trade Commissioners Regulations to address the need for updating travel allowances for Trade Commissioners and Assistant Trade Commissioners within Australia. Enacted by the Parliament of Australia, the Trade Commissioners Act 1933 established the framework for Trade Commissioners' remuneration, including allowances and expenses. The policy objective of these amendments is to align the travel allowances of Trade Commissioners with those applicable to public servants when they are on duty within Australia. The regulations increase daily allowances for accommodation, meals, and associated incidental costs, reflecting the need to provide adequate compensation for the duties performed by Trade Commissioners, thereby ensuring that their compensation remains competitive and reflective of the costs incurred while performing their roles.

Scope and Application

The Trade Commissioners Act 1933 applies to individuals who serve as Trade Commissioners or Assistant Trade Commissioners, whether they are already officers of the Public Service of the Commonwealth or not. The Act provides for the determination of their salary, allowances, and expenses, with the Governor-General having the authority to prescribe these terms or make determinations in specific cases. The Public Service Board has been designated as the general coordinating authority for the conditions of service for these staff members, with their agreement required for any extensions or amendments to allowances. The geographic reach of the Act is national, as it pertains to the Commonwealth of Australia. The proposed amendment to Regulation 6 under the Act, which concerns the travelling allowance within Australia, extends to all Trade Commissioners and Assistant Trade Commissioners, regardless of their grade. This amendment, which increases the daily allowances for accommodation, meals, and associated incidental costs, applies from 1 May 1982 and has been designed to ensure it does not adversely affect any rights other than those of the Commonwealth, thereby complying with subsection 48(2) of the Acts Interpretation Act 1901.

Key Provisions

The Trade Commissioners Regulations (Amendment) Statutory Rules No. 266 of 1982, issued under the authority of the Minister for Trade and Resources, make changes to the existing provisions regarding travel allowances for Trade Commissioners within Australia. Specifically, Regulation 6 addresses the travelling allowance provided to Trade Commissioners, as outlined in Section 12 of the Trade Commissioners Act 1933. According to this section, the Governor-General can establish regulations to specify matters required or permitted by the Act, or necessary or convenient to give effect to the Act, as long as they do not conflict with the Act itself. This regulation amendment is made under the authority granted in Sub-Section 4(2) and 6(3) of the Act, which allows for the determination of salary, allowances, and expenses for Trade Commissioners and Assistant Trade Commissioners, either as prescribed by regulations or as determined by the Governor-General in specific cases. The obligations imposed by the Trade Commissioners Regulations (Amendment) concern the payment of travel allowances to Trade Commissioners and Assistant Trade Commissioners. For Trade Commissioners or Assistant Trade Commissioners who were not previously officers of the Public Service of the Commonwealth, their salary, allowances, and expenses are determined either by prescribed rates or by the Governor-General's determination. Those who are officers of the Public Service of the Commonwealth and are appointed as Trade Commissioners or Assistant Trade Commissioners receive their salary at the same rate as before their appointment, along with any additional remuneration and allowances prescribed or determined by the Governor-General. The Prime Minister has delegated the Public Service Board as the general coordinating authority for the conditions of service for Trade Commissioner staff, including the implementation of the travel allowance rates. Breach of the regulations or failure to comply with the prescribed allowances and expenses may lead to civil or administrative consequences. However, the Explanatory Statement does not specify any criminal or civil penalties for non-compliance. The primary focus of the amendment is to adjust the travel allowances for Trade Commissioners and Assistant Trade Commissioners, aligning them with the rates applicable to public servants when travelling on duty in Australia. The proposed changes to Regulation 6 include an increase in allowances for accommodation, meals, and associated incidental costs, effective from 1 May 1982. These changes apply to Trade Commissioners Grades C and D, Assistant Trade Commissioners, and Trade Commissioners Grade B and above. Importantly, the retrospective operation of the proposed regulation does not prejudice the rights of any person other than the Commonwealth, thus not being prohibited by Sub-Section 48(2) of the Acts Interpretation Act 1901.