Statutory Rules
1980 No. 282
REGULATIONS UNDER THE TRADE COMMISSIONERS ACT 19331
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 seventeenth day of September 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
J. D. ANTHONY
Minister of State for Trade and Resources
AMENDMENTS OF THE TRADE COMMISSIONERS REGULATIONS2
Interpretation
1. Regulation 3 of the Trade Commissioners Regulations is amended—
(a) by omitting “China,” and “Korea,” from the definition of “designated post” in sub‑regulation (1);
(b) by inserting “People’s Republic of China,” after “Papua New Guinea,” in the definition of “designated post” in sub-regulation (1);
(c) by omitting “Peru,” from the definition of “designated post” in sub-regulation (1);
(d) by inserting “Republic of Korea,” after “Poland,” in the definition of “designated post” in sub-regulation (1); and
(e) by inserting “, Venezuela” after “United Arab Emirates” in the definition of “designated post”" in sub-regulation (1).
2. After regulation 40 of the Trade Commissioners Regulations the following regulation is inserted:
Allowance to compensate for losses in emergency situations
“41. (1) A Commissioner shall be entitled to be paid by way of an allowance amounts equal to the amounts he would be entitled to be paid by way of compensation, if he were an officer of the Australian Public Service, in respect of possessions at an overseas post, lost or damaged as a result of war or civil disorders.
“(2) An entitlement of a Commissioner under sub-regulation (1) shall be subject to the same conditions that would be applicable in relation to an entitlement of an officer of the Australian Public Service, referred to in that sub-regulation.
“(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 by the Public Service Board, may, in relation to an entitlement given by that sub-regulation, be performed by the Minister.”.
1. Notified in the Commonwealth of Australia Gazette on 25 September 1980.
2. Statutory Rules 1958 No. 52 as amended to date. For previous amendments see Note 2 to Statutory Rules 1980 No. 22 and see also Statutory Rules 1980 Nos. 22, 203 and 263.
Overview
The Statutory Rules 1980 No. 282, enacted by the Governor-General of the Commonwealth of Australia on the advice of the Federal Executive Council, amends the Trade Commissioners Regulations under the Trade Commissioners Act 1933. This legislative instrument aims to update the list of designated posts for Trade Commissioners and to introduce an allowance for compensation for losses in emergency situations. The changes to the designated posts reflect geopolitical shifts, updating the references to the People's Republic of China and the Republic of Korea, and adding Venezuela. Additionally, the regulations now provide for an allowance to compensate Trade Commissioners for losses or damage to their possessions at overseas posts due to war or civil disorders, aligning their entitlements with those of Australian Public Service officers. This amendment ensures that Trade Commissioners receive appropriate compensation in extraordinary circumstances, thereby maintaining the effectiveness and reliability of the trade commissioner service.
Scope and Application
The Trade Commissioners Regulations 1980, made under the Trade Commissioners Act 1933, apply to Trade Commissioners, who are officers of the Commonwealth, at designated posts across various countries, including the People’s Republic of China, Republic of Korea, and Venezuela. These Regulations amend the definition of "designated post" by updating the list of countries to reflect current geopolitical entities and include provisions for allowances to compensate Trade Commissioners for losses or damage to their possessions at overseas posts due to war or civil disorders. The allowances are equivalent to those provided to officers of the Australian Public Service under similar circumstances. This legislative instrument extends the application of the Trade Commissioners Act by specifying the conditions under which compensation may be granted and the officials who may perform related functions, thereby clarifying the scope and administrative processes for such entitlements.
Key Provisions
The Trade Commissioners Regulations, as amended by Statutory Rules 1980 No. 282, make several key changes to the definition of "designated post" in sub-regulation (1) of Regulation 3. The changes include the removal of "China" and "Korea" and the addition of "People's Republic of China" and "Republic of Korea," reflecting current geopolitical nomenclature. Additionally, "Venezuela" is inserted into the list of designated posts. These amendments aim to ensure that the definitions used in the Regulations accurately reflect the current geopolitical landscape.
These Regulations impose specific obligations on Trade Commissioners, particularly in relation to their entitlements. For example, under the new regulation 41, Trade Commissioners are entitled to an allowance for losses or damage to their possessions at an overseas post due to war or civil disorders. This allowance mirrors the compensation an officer of the Australian Public Service would receive in similar circumstances. The conditions and functions associated with these entitlements are also aligned with those applicable to officers of the Australian Public Service, ensuring consistency in the treatment of Trade Commissioners.
The Regulations further stipulate that any functions related to the entitlements of Trade Commissioners, which would typically be performed by the Chief Officer of a Department or the Public Service Board, may be carried out by the Minister. This provision ensures that there is a clear chain of responsibility for the administration of these entitlements.
There are no explicit provisions detailing offences, penalties, or civil or criminal consequences for breaches of these Regulations in the text provided. However, the nature of statutory regulations typically implies that failure to comply with the prescribed requirements could lead to administrative actions, including potential disciplinary measures against the Trade Commissioner or relevant entities. The precise consequences would depend on the specific circumstances and the broader legal framework governing the Australian Public Service and Trade Commissioners.