Statutory Rules
1978 No. 94
REGULATION 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 Regulation under the Trade Commissioners Act 1933.
Dated this twenty-first day of June 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
J. D. ANTHONY
Minister of State for Trade and Resources
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AMENDMENT OF THE TRADE COMMISSIONERS REGULATIONS†
Regulation 6a of the Trade Commissioners Regulations is repealed and the following regulation substituted:
Vehicle allowance in Australia
“ 6a. (1) A Commissioner who uses a motor vehicle, owned or hired by the Commissioner—
(a) on a journey on official duty in Australia; or
(b) to convey himself or himself and his family to a new place of headquarters within Australia,
shall be entitled to be paid by way of vehicle allowance 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) 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 may, in relation to an entitlement given by that sub-regulation, be performed by the Minister.”.
* Notified in the Commonwealth of Australia Gazette on 27 June 1978.
† Statutory Rules 1958, No. 52 as amended to date. For previous amendments of the Trade Commissioners Regulations see footnote † to Statutory Rules 1978, No. 12 and see also Statutory Rules 1978, Nos. 12, 13 and 65.
Overview
Statutory Rules 1978 No. 94, made under the Trade Commissioners Act 1933, was introduced to address the need for consistent and equitable treatment of vehicle allowances for Trade Commissioners operating within Australia. Enacted by the Governor-General, acting on the advice of the Federal Executive Council, these regulations ensure that Trade Commissioners receive the same vehicle allowances as officers of the Australian Public Service when using a motor vehicle on official duty or for relocation within the country. The policy objective is to harmonise the entitlements of Trade Commissioners with those of public service officers, thereby maintaining fairness and consistency in the provision of benefits across different government roles.
Scope and Application
The Trade Commissioners Regulations, as amended by Statutory Rules 1978 No. 94, primarily apply to Trade Commissioners who utilise motor vehicles for official duties within Australia. The specific regulation in focus pertains to vehicle allowances, entitling Commissioners to payments equivalent to those of Australian Public Service officers when using their own or hired vehicles for official journeys or relocations within Australia. These allowances cover situations where Commissioners travel on official duty or move to a new place of headquarters within the country, thus ensuring parity with public service officers regarding vehicle use entitlements. The regulation also designates the Minister as having the authority to perform functions related to these entitlements, akin to the Chief Officer of a Department in the context of the Australian Public Service. The application of these regulations is limited to Australia, with no mention of extensions to other jurisdictions or territories. The regulation does not specify exclusions or exemptions but implies that all Commissioners using vehicles for the mentioned purposes are entitled to the allowances provided they meet the outlined criteria.
Key Provisions
The principal operative sections of this legislative instrument, Statutory Rules 1978 No. 94, focus on amending the Trade Commissioners Regulations (Regulation 6a) under the Trade Commissioners Act 1933. Specifically, this regulation pertains to the vehicle allowance for Commissioners who use a motor vehicle owned or hired by them for official duty within Australia or to relocate to a new place of headquarters within the country. According to section 6a(1), such Commissioners are entitled to a vehicle allowance equivalent to what they would receive if they were an officer of the Australian Public Service. This allowance applies to journeys on official duty and relocations to new headquarters within Australia. Furthermore, section 6a(2) stipulates that the function of determining these entitlements, typically the purview of the Chief Officer of a Department, can be carried out by the Minister in relation to Trade Commissioners.
The obligations and requirements imposed by this regulation are straightforward. Trade Commissioners using a motor vehicle for official duties or relocations within Australia must adhere to the vehicle allowance guidelines outlined in section 6a(1). This allowance is to be calculated based on the same criteria as for Australian Public Service officers. Additionally, the regulation mandates that the Minister, rather than the Chief Officer of a Department, has the authority to perform functions related to these entitlements, as specified in section 6a(2).
Regarding consequences for non-compliance, the regulation does not explicitly detail offences, penalties, or civil/criminal consequences for breaches. However, given the nature of the regulation, any failure to comply with the vehicle allowance entitlements could potentially lead to disputes or financial discrepancies. In the context of Australian administrative law, such non-compliance might result in administrative reviews, financial audits, or corrective measures to ensure adherence to the specified guidelines. The absence of explicit penalties in this particular regulation suggests that the focus is more on ensuring accurate and fair application of the vehicle allowance rather than imposing punitive measures.