Trade Commissioners Regulations (Amendment)

Overview

Statutory Rules 1977 No. 71, made under the Trade Commissioners Act 1933, was enacted to amend the Travel Commissioners Regulations. This legislative instrument was introduced to address the need for aligning the travel allowances of Trade Commissioners with those of officers in the Australian Public Service. The regulation ensures that Trade Commissioners receive the same travelling allowance entitlements as their counterparts in the Australian Public Service, subject to the same conditions and rates. The enactment of this regulation by the Administrator, acting with the advice of the Federal Executive Council, aims to maintain consistency and fairness in the treatment of Trade Commissioners in terms of their travel allowances. The regulation was notified in the Australian Government Gazette on 7 June 1977.

Scope and Application

Statutory Rules 1977 No. 71, made under the Trade Commissioners Act 1933, pertains to the regulation of travelling allowances for Trade Commissioners, who are officials appointed to promote Australian trade and investment abroad. The regulation applies to Trade Commissioners who are not covered by specific provisions of regulation 6, essentially those who would be entitled to travelling allowances as if they were officers of the Australian Public Service. This includes Assistant Trade Commissioners and Trade Commissioners classified as Grade C, who are entitled to the general rate applicable to Australian Public Service officers, as well as other Trade Commissioners who receive allowances at the rate applicable to the Second Division of the Australian Public Service. The regulation ensures that the allowances are subject to the same conditions as those applicable to Australian Public Service officers, and it specifies that the Minister can perform functions related to these allowances that would otherwise be performed by the Public Service Board or the Chief Officer of a Department. The regulation extends to the Commonwealth jurisdiction, impacting all Trade Commissioners working outside Australia. It does not explicitly state any exclusions or exemptions, implying that the allowances are generally applicable to all eligible Trade Commissioners. The regulation may be further extended or clarified through subordinate instruments, but the primary focus remains on ensuring equitable treatment of Trade Commissioners in terms of their travelling allowances.

Key Provisions

The main operative sections of this regulation pertain to the entitlement of Trade Commissioners to travelling allowances outside Australia. Specifically, Regulation 7 (1) states that where the existing regulation 6 does not apply, a Commissioner is entitled to receive travelling allowances as if they were an officer of the Australian Public Service. The regulation further specifies that the payment rates for Assistant Trade Commissioners or Trade Commissioners classified as Grade C will be at the general rate applicable to an officer of the Australian Public Service, while for other cases, the payments will be at the rate applicable to officers of the Second Division of the Australian Public Service. The entitlement to these payments is subject to the same conditions as those applicable to the corresponding entitlements of officers of the Australian Public Service. Additionally, Regulation 7 (4) allows the Minister to perform any functions related to these entitlements that would otherwise be performed by the Public Service Board or the Chief Officer of a Department. The obligations imposed by this regulation on the parties it governs include ensuring that Trade Commissioners who qualify under Regulation 7 (1) receive the appropriate travelling allowances in accordance with the stipulated rates and conditions. The regulation also places a duty on the Minister to perform specific functions related to these entitlements, which were previously within the purview of the Public Service Board or the Chief Officer of a Department. This shift in responsibility ensures that the administration of these allowances remains streamlined and accountable under the Minister’s oversight. Failure to comply with the provisions of this regulation could result in legal consequences, though the specific nature of these consequences is not detailed within the text. Generally, breaches of regulations made under the Trade Commissioners Act 1933 could lead to penalties as prescribed by the Act. The Act itself provides for potential criminal and civil penalties, including fines, for non-compliance with its regulations. The maximum penalties for such breaches could vary, but they would typically be commensurate with the severity and intent behind the breach. It is important for all parties governed by this regulation to adhere strictly to its provisions to avoid any potential legal repercussions.