STATUTORY RULES.
1964. No. 116.
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REGULATIONS UNDER THE TRADE COMMISSIONERS ACT 1933-1936.*
I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Trade Commissioners Act 1933-1936.
Dated this twenty seventh day of August, 1964.
E. W. WOODWARD
Administrator.
By His Excellency’s Command,
(Sgd) J. McEwen
Minister of State for Trade and Industry.
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Amendments of the Trade Commissioners Regulations.†
Interpretation.
1. Regulation 3 of the Trade Commissioners Regulations is amended—
(a) by inserting in the definition of “designated post” in sub-regulation (1.), before the word “Ceylon”, the word “Bahrain,”; and
(b) by omitting the definition of “the Department” and inserting in its stead the following definition:—
“‘the Department’ means the Department of Trade and Industry;”.
Travelling allowance in Australia.
2. Regulation 6 of the Trade Commissioners Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—
“(1.) Where a Commissioner who is performing duty in Australia is required to be absent from his head-quarters on official duty, travelling allowance is, subject to the next succeeding sub-regulation, payable to him in respect of that absence—
(a) if the maximum salary of the office held by the Commissioner does not exceed Three thousand one hundred and sixty-seven pounds per year—at the rate of Four pounds five shillings per day;
* Notified in the Commonwealth Gazette on 28th August 1964.
† Statutory Rules 1958, No 52, as amended by Statutory Rules 1958, No. 74; 1959, No. 92; 1960, No. 45; 1961, Nos. 37 and 38; and 1962, Nos. 43 and 80.
9704/64.—Price 6d. 9/12.8.1964.
(b) if the maximum salary of the office held by the Commissioner exceeds Three thousand one hundred and sixty-seven pounds per year but does not exceed Four thousand one hundred and seventy-nine pounds per year—at the rate of Four pounds eighteen shillings per day; or
(c) in any other case—at the rate of Six pounds fifteen shillings per day.”.
Family visits to Australia.
3. Regulation 12 of the Trade Commissioners Regulations is amended Family visits by inserting in paragraph (b) of sub-regulation (3.), before the word to Australia. “Burma”, the word “Bahrain,”.
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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1964, No. 116, issued under the Trade Commissioners Act 1933-1936, were enacted to amend the Trade Commissioners Regulations. The problem or gap these regulations aimed to address was the need to update and refine the allowances and definitions within the Trade Commissioners Regulations to accommodate new international posts and to clarify the administrative body responsible for overseeing the trade commissioners. The regulations were made by the Administrator of the Government of the Commonwealth of Australia, E. W. Woodward, acting on the advice of the Federal Executive Council, and signed by J. McEwen, the Minister of State for Trade and Industry. The amendments included updating the list of designated posts to include Bahrain, revising the definition of "the Department" to specify the Department of Trade and Industry, and adjusting the rates of travelling allowance based on the salary brackets of the commissioners.
Scope and Application
These Regulations made under the Trade Commissioners Act 1933-1936 provide for the amendment of the Trade Commissioners Regulations, adjusting the scope of their application to include new geographical areas and redefine certain terms. The Regulations specifically extend the definition of "designated post" to include Bahrain, thereby expanding the locations where Trade Commissioners may be stationed and perform their duties. Additionally, the Regulations revise the definition of "the Department" to refer to the Department of Trade and Industry. Furthermore, they modify the criteria for travel allowance payable to Commissioners in Australia, establishing different rates based on the salary brackets of the office held. This amendment also extends the eligibility for family visits to include Bahrain. The Regulations do not specify exclusions or thresholds beyond the criteria set forth for salary brackets and designated posts. The scope of these amendments is confined to the Commonwealth jurisdiction and applies to Trade Commissioners and their duties within the defined geographical and salary parameters.
Key Provisions
The Regulations under the Trade Commissioners Act 1933-1936 (referred to as the Regulations) provide several key provisions. Firstly, in regulation 1, the definition of "designated post" is amended to include Bahrain, and the term "the Department" is clarified to mean the Department of Trade and Industry. Secondly, regulation 2 modifies the rates of travelling allowance payable to a Commissioner performing duty in Australia, depending on the salary of the office held. If the Commissioner's maximum salary does not exceed £3,167 per year, they receive £4 5s per day; if it exceeds £3,167 but does not exceed £4,179, they receive £4 18s per day; otherwise, they receive £6 15s per day. Thirdly, regulation 3 adds Bahrain to the list of countries to which family visits by Commissioners can be made.
These Regulations impose obligations on Trade Commissioners, particularly regarding the rates of allowance they are entitled to claim for official travel and the countries where their families can visit them. For instance, Commissioners must ensure they meet the eligibility criteria for the specified allowance rates based on their salary and must comply with the approved list of countries for family visits.
There are no explicit offences or penalties mentioned within the Regulations themselves. However, any breaches of the Trade Commissioners Act 1933-1936 or associated regulations could potentially lead to administrative or disciplinary actions under the general provisions of the Act, which may include fines or other penalties as determined by the relevant authorities. The specific maximum penalties would be guided by the overarching legislation and any subsequent amendments or related Acts.