Statutory Rules
1976 No. 76
REGULATION UNDER THE TRADE COMMISSIONERS ACT 1933-1973.*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Executive Council, hereby make the following Regulation under the Trade Commissioners Act 1933-1973.
Dated this fourth day of March, 1976.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
J. D. ANTHONY
Minister of State for Overseas Trade.
________
Amendment of the Trade Commissioners Regulations†
After regulation 9 of the Trade Commissioners Regulations the following regulation is inserted:—
Compensation for loss incurred on sale of motor vehicle.
“ 10. (1) Where a Commissioner would, in relation to the sale of a motor vehicle, have been eligible to be reimbursed an amount by virtue of paragraph 23 of Section C of Part 3 of the determinations (known as the Determinations relating to Overseas Service) made under section 8b of the Public Service Act 1922-1973, or that Act as amended from time to time, if he had been, on the date of the sale, an officer of the Public Service of the Commonwealth to whom that paragraph applied, he is, subject to this regulation, entitled to be paid an amount equal to the amount that he would have been so eligible to be reimbursed by virtue of that paragraph as in force on the date of commencement of this regulation if the sale had taken place on that last-mentioned date.
“ (2) The entitlement of a Commissioner under sub-regulation (1) is subject to the conditions set out in the paragraph last referred to in that sub-regulation.
“ (3) For the purposes of this regulation, a reference in the conditions referred to in sub-regulation (2) to the Chief Officer shall be read as a reference to the Secretary or to a person authorized in writing by the Secretary for the purposes of this regulation.
“ (4) For the purposes of this regulation, the form of statutory declaration set out in the paragraph last referred to in sub-regulation (1) shall be read as if paragraph 4 in that form were omitted.”.
* Notified in the Australian Government Gazette on 16 March 1976.
† 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; 1974, Nos. 118, 132, 133, 163, 194 and 209; and 1975, Nos. 25, 76, 104, 155 and 216.
Overview
Statutory Rules 1976 No. 76, made under the Trade Commissioners Act 1933-1973, addresses a specific gap in the compensation scheme for Trade Commissioners who sell motor vehicles. Enacted by the Governor-General of the Commonwealth of Australia, this regulation aims to ensure that Trade Commissioners receive reimbursement for losses incurred on the sale of motor vehicles in a manner consistent with the provisions applicable to Commonwealth Public Service officers. The regulation was introduced to rectify a disparity in the compensation framework, ensuring that Trade Commissioners are not disadvantaged compared to their Public Service counterparts. The policy objective is to provide equitable treatment for Trade Commissioners in situations where they are eligible for reimbursement under specific conditions.
Scope and Application
This legislative instrument, Statutory Rules 1976 No. 76, amends the Trade Commissioners Regulations by inserting a new regulation concerning compensation for loss incurred on the sale of a motor vehicle. The amendment applies specifically to Trade Commissioners who would have been eligible for reimbursement under the Public Service Act 1922-1973 if they were Commonwealth officers. This entitlement is now extended to Trade Commissioners, subject to the conditions outlined in the Public Service Act. The regulation applies to individuals who are Trade Commissioners and are involved in the sale of motor vehicles overseas. It is jurisdictional in scope, as it pertains to federal regulations under the Trade Commissioners Act 1933-1973. There are no explicit exclusions or thresholds mentioned in the text, but the entitlement is contingent on the conditions specified in the referenced paragraph of the Public Service Act. Additionally, the regulation extends its application through subordinate instruments by aligning with the conditions set forth in the Public Service Act.
Key Provisions
The Statutory Rules 1976 No. 76, which amend the Trade Commissioners Regulations, introduce a new provision (regulation 10) that addresses compensation for losses incurred on the sale of motor vehicles by Trade Commissioners. Regulation 10(1) provides that a Commissioner, who would have been eligible for reimbursement under certain conditions, is now entitled to be paid an amount equivalent to what they would have been reimbursed. This entitlement is, however, subject to the same conditions outlined in the original provision (regulation 23 of Section C of Part 3 of the determinations). Regulation 10(2) reiterates this condition, ensuring that the entitlement is contingent upon meeting the specified criteria. Furthermore, regulation 10(3) clarifies that references to the Chief Officer in the original conditions should be interpreted as references to the Secretary or a person authorised by the Secretary for the purposes of this regulation. Lastly, regulation 10(4) modifies the form of statutory declaration required, omitting paragraph 4 in the form.
The obligations imposed by these regulations are primarily on the Trade Commissioners who are now entitled to compensation under specific conditions. They must ensure that they meet the conditions set out in regulation 23 of Section C of Part 3 of the determinations to be eligible for the compensation. Additionally, if a statutory declaration is required, they must adhere to the modified form as specified in regulation 10(4). The Secretary or an authorised person has the responsibility to review and approve the Commissioner's entitlement to compensation, ensuring compliance with the outlined conditions.
For any breach of the conditions specified in regulation 23 of Section C of Part 3 of the determinations, the Commissioner may not be entitled to the compensation. While the regulation does not explicitly state any criminal or civil penalties for non-compliance, failure to meet the conditions may result in the denial of the compensation claim. This could have financial implications for the Commissioner, as they would not receive the reimbursement they would have been entitled to under the original provision. It is essential for the Commissioner to understand and comply with the conditions to ensure their eligibility for the compensation.