Statutory Rules
1974 No. 209
REGULATION UNDER THE TRADE COMMISSIONERS ACT 1933-1973.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulation under the Trade Commissioners Act 1933-1973.
Dated this twenty-eighth day of October, 1974.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
J. F. CAIRNS
Minister of State for Overseas Trade.
Amendment of the Trade Commissioners Regulations†
After regulation 5 of the Trade Commissioners Regulations the following regulation is inserted:—
Salaries.
“ 5a. (1) The salary, or the range of salary, payable, on and after 30 May 1974, to a Commissioner to whom section 4 of the Act applies shall be that ascertained in accordance with the following table:—
Designation | Annual salary or range of annual salary on and after 30 May 1974 to and including 26 June 1974 | Annual salary or range of annual salary on and after 27 June 1974 |
| $ | $ |
Trade Commissioner (Special Grade) ...... | 21,417 | 21,417 |
Trade Commissioner, Grade A .......... | 19,597 | 19,597 |
Trade Commissioner, Grade B........................... | 17,776 | 17,776 |
Trade Commissioner, Grade C .......... | 14,401-14,904 | 15,236-15,739 |
Assistant Trade Commissioner, Grade 1 .... | 12,389-12,890 | 13,224-13,725 |
Assistant Trade Commissioner, Grade 2 .... | 9,194-9,532-9,869 | 10,029-10,367-10,704 |
Assistant Trade Commissioner, Grade 3 .... | 8,187-8,438-8,690-8,942 | 9,022-9,273-9,525-9,777 |
“ (2) Subject to sub-regulation (3), a Commissioner who is being paid salary within a range of salary set out in the table in sub-regulation (1) shall be paid the increments of salary within that range.
* Notified in the Australian Government Gazette on 29 October 1974.
† Statutory Rules 1958, No. 52, as amended by Statutory Rules 1958, No. 74; 1959, No. 92; 1960, No. 45; 1961, Nos. 37 and 38; 1962, Nos. 43 and 80; 1964, No. 116; 1966, No. 19; 1967, No. 55; 1969, No 89; 1971, No. 36; 1973, Nos. 52, 85 and 136; and 1974, Nos. 118, 132, 133, 163 and 194.
“ (3) A Commissioner is not entitled to receive an increment of salary in accordance with sub-regulation (2) unless he has received salary without that increment for not less than 12 months.
“ (4) The additional remuneration to be paid to a Commissioner to whom section 6 of the Act applies is an amount per year equal to the amount by which the salary that would have been payable to him in the year if he had been a Commissioner to whom section 4 of the Act applies exceeds the amount of his annual salary that he was being paid immediately before his appointment as a Trade Commissioner or as an Assistant Trade Commissioner, as the case may be.”.
Overview
Statutory Rules 1974 No. 209, made under the Trade Commissioners Act 1933-1973, addresses the need to adjust the salaries of Trade Commissioners and Assistant Trade Commissioners in alignment with the economic conditions and inflation rates of the period. Enacted by the Governor-General of Australia, acting on the advice of the Executive Council, these regulations ensure that the remuneration for these positions reflects the prevailing financial circumstances. The policy objective is to maintain fair and competitive compensation for Trade Commissioners, thereby attracting and retaining qualified personnel to effectively promote Australian trade interests abroad. This legislative instrument was introduced to provide a structured and updated salary framework for Trade Commissioners, addressing any discrepancies that may have arisen due to economic changes since the previous salary settings.
Scope and Application
The Trade Commissioners Regulations 1974, made under the Trade Commissioners Act 1933-1973, pertain to the remuneration of Trade Commissioners, specifically addressing the salaries and increments payable to various grades of Commissioners and Assistant Trade Commissioners. These regulations apply to the officers designated as Trade Commissioners or Assistant Trade Commissioners under the Trade Commissioners Act, and the salary scales set out apply to appointments made on or after 30 May 1974. The Act and its subordinate regulations have a national reach, as they are enacted at the Commonwealth level and apply across all states and territories of Australia. There are no stated exclusions or exemptions within these regulations, though they do detail specific salary increments and conditions applicable to the specified grades of Trade Commissioners and Assistant Trade Commissioners. The regulations may be further extended or modified through additional legislative instruments, but the current scope is limited to the establishment of salary tables and the conditions under which salary increments are payable.
Key Provisions
The Trade Commissioners Regulations (Statutory Rules 1974 No. 209) under the Trade Commissioners Act 1933-1973 amend the existing regulations concerning the salaries of Trade Commissioners. Specifically, regulation 5a (1) establishes a new table that specifies the annual salaries or salary ranges for different grades of Trade Commissioners and Assistant Trade Commissioners effective from 30 May 1974. For instance, Trade Commissioners of Special Grade are to receive an annual salary of $21,417, while Grade A Trade Commissioners will receive between $19,597 and $19,597. The regulations also provide for salary increments for those within a specified range, as detailed in sub-regulation (2). However, these increments are contingent on the Commissioner having been paid salary without the increment for at least 12 months, as outlined in sub-regulation (3). Furthermore, sub-regulation (4) details additional remuneration to be paid to Commissioners who have previously held other positions, calculated based on the difference between their previous salary and their new salary under the regulation.
The obligations imposed by the Trade Commissioners Regulations primarily concern the payment of salaries to Trade Commissioners. Employers, typically the Commonwealth, must ensure that Trade Commissioners are paid according to the stipulated salaries or salary ranges, and any applicable increments. For example, if a Trade Commissioner is within a specified salary range, they must receive the appropriate increment once they have been paid salary without it for a minimum of 12 months. Additionally, any Commissioner previously employed in another capacity must receive additional remuneration as per sub-regulation (4), calculated based on the difference between their previous salary and their new salary.
There are no explicit offences, penalties, or consequences for breach outlined in the Trade Commissioners Regulations themselves. However, breaches of the regulations could potentially lead to legal consequences under the Trade Commissioners Act 1933-1973 or other relevant legislation. For example, failure to adhere to the salary provisions could result in legal action for non-compliance with employment terms or regulations. It is important for employers and Trade Commissioners to ensure strict adherence to these salary provisions to avoid any potential legal repercussions.