Statutory Rules
1977 No. 200
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 twenty-seventh day of October 1977.
JOHN R. KERR
Governor-General
By His Excellency’s Command,
J. D. ANTHONY
Minister of State for Overseas Trade
AMENDMENTS OF THE TRADE COMMISSIONERS REGULATIONS†
1. After regulation 6a of the Trade Commissioners Regulations the following regulation is inserted:
Vehicle allowance overseas
“ 6b. (1) A Commissioner shall be entitled to be paid by way of vehicle allowance, in respect of the use by him of a private motor vehicle while stationed at a post, such amounts as he would be entitled to be paid in respect of that use if he were an officer of the Australian Public Service.
“ (2) An entitlement under sub-regulation (1) shall be subject to the same conditions that would be applicable in relation 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 Head of Post or Head of Mission may, in relation to an entitlement given by that sub-regulation to a Commissioner, be performed by the Minister or by a person authorized by the Minister to perform that function in relation to the Commissioner.
* Notified in the Commonwealth of Australia Gazette on 3 November 1977.
† Statutory Rules 1958, No. 52 as amended to date. For previous amendments of the Trade Commissioners Regulations see footnote † to Statutory Rules 1977, No. 7 and see also Statutory Rules 1977, Nos. 7, 47, 60, 71, 72, 99, 187 and 199.
Schedule
2. The Schedule to the Trade Commissioners Regulations is amended by omitting the heading “ SCHEDULE 14 ” and all words and figures between that heading and the heading “ SCHEDULE 22 ”.
Overview
Statutory Rules 1977 No. 200, made under the Trade Commissioners Act 1933, was enacted to introduce specific regulations regarding allowances for Trade Commissioners stationed overseas, particularly focusing on vehicle allowances. The Governor-General, acting on the advice of the Federal Executive Council, established these regulations to ensure that Trade Commissioners receive equitable compensation for the use of private motor vehicles in their overseas posts. This legislative instrument aimed to align the entitlements of Trade Commissioners with those of officers in the Australian Public Service, thereby maintaining consistency and fairness in allowances. The regulations were meticulously crafted to address the gap in providing clear guidelines for vehicle allowances for Trade Commissioners, ensuring that their benefits are not only fair but also administratively practical for overseas postings.
Scope and Application
The Trade Commissioners Regulations 1977, made under the Trade Commissioners Act 1933, provide specific entitlements and conditions for Trade Commissioners stationed overseas. These regulations apply to individuals who are Trade Commissioners, granting them the right to receive a vehicle allowance for the use of a private motor vehicle while stationed at a post, subject to the same conditions applicable to officers of the Australian Public Service. The scope of the regulations extends to the administrative functions related to these entitlements, allowing the Minister or an authorised person to perform the relevant functions. The regulations have a jurisdictional reach that is inherently tied to the Commonwealth, given their foundation under an Act of the Commonwealth Parliament. They do not explicitly state exclusions or thresholds, but the conditions under which allowances are granted are tied to the broader public service framework. The regulations may be further extended or detailed through subordinate instruments, which could provide additional specifications or amendments to the entitlements and conditions for Trade Commissioners.
Key Provisions
The main operative sections of these Regulations under the Trade Commissioners Act 1933 introduce a new allowance for Commissioners, specifically a vehicle allowance for the use of private motor vehicles while stationed overseas (Regulation 6b). This allowance is to be equivalent to what an officer of the Australian Public Service would receive under similar circumstances (Regulation 6b(1)). The entitlement is subject to the same conditions that apply to such entitlements for officers of the Australian Public Service (Regulation 6b(2)). Additionally, functions related to this entitlement, which would normally be performed by the Head of Post or Head of Mission, can be carried out by the Minister or a person authorised by the Minister to perform these functions in relation to Commissioners (Regulation 6b(3)).
The Regulations impose obligations on Trade Commissioners to adhere to the conditions set out for the vehicle allowance, ensuring they are comparable to those applicable to Australian Public Service officers. They also specify that the Minister or an authorised person can perform functions related to the allowance, thereby delineating the authority and responsibility in this matter. These obligations ensure that Commissioners are compensated fairly and that the administration of the allowance is conducted in a structured and authorised manner.
Any breach of these Regulations, including non-compliance with the conditions for the vehicle allowance or unauthorised performance of functions related to the allowance, may result in civil or administrative consequences. The exact nature and severity of these consequences are not specified within the Regulations themselves, but they could include financial penalties, disciplinary actions, or other corrective measures deemed appropriate by the Minister or a relevant authority. The potential penalties for such breaches are not explicitly stated in the Regulations, but they would likely be commensurate with the nature and severity of the breach.