Statutory Rules
1977 No. 72
REGULATION UNDER THE TRADE COMMISSIONERS ACT 1933.*
I, THE ADMINISTRATOR of the Government 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 second day of June, 1977.
A. R. CUTLER
Administrator.
By His Excellency’s Command,
J. D. ANTHONY
Minister of State for Overseas Trade.
Amendment of the Trade Commissioners Regulations†
Regulation 11 of the Trade Commissioners Regulations is repealed and the following regulation substituted:—
Equipment allowance.
“ 11. (1) A Commissioner who, while performing duty in Australia, is required to travel on official duty to a place outside Australia shall be entitled to be paid, by way of equipment allowance, such amount as would be payable to him by way of equipment allowance if he were an officer of the Australian Public Service proceeding overseas from Australia on a short term mission.
“ (2) A Commissioner who, while performing duty at a post overseas, is required to travel to another place outside Australia shall be entitled to be paid, by way of equipment allowance, such amount as would be payable to him by way of equipment allowance if he were an officer of the Australian Public Service engaged in overseas service on long term posting.
“ (3) Any entitlement of a Commissioner under sub-regulation (1) or (2) 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.
“ (4) Any function that in relation to an entitlement of an officer of the Australian Public Service, being an entitlement referred to in sub-regulation (1) or (2), may be performed by the Public Service Board, the Chief Officer, or an officer approved by the Public Service Board for that purpose, may, in relation to any entitlement given by sub-regulation (1) or (2), be performed by the Minister.”.
* Notified in the Australian Government Gazette on 7 June 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 and 71.
Overview
Statutory Rules 1977 No. 72, made under the Trade Commissioners Act 1933, amends the Trade Commissioners Regulations to adjust the equipment allowance for Trade Commissioners when they travel on official duty. Enacted by the Administrator of the Commonwealth of Australia, with the advice of the Federal Executive Council, this regulation aims to align the entitlements of Trade Commissioners with those of Australian Public Service officers on overseas assignments. The policy objective is to ensure that Trade Commissioners receive fair and consistent compensation for their equipment needs when travelling for official business, whether domestically within Australia or internationally. This amendment replaces previous regulation provisions to bring them into line with contemporary practices and standards in the Australian Public Service.
Scope and Application
This legislative instrument pertains to the Trade Commissioners Regulations under the Trade Commissioners Act 1933, specifically amending Regulation 11 to address the equipment allowance for Trade Commissioners. The regulation applies to Trade Commissioners who undertake travel on official duty, whether from Australia to another location outside Australia or between places outside Australia. It ensures that Trade Commissioners receive an equipment allowance equivalent to that provided to officers of the Australian Public Service under similar circumstances. The regulation mandates that any entitlements and functions related to these allowances for Trade Commissioners are to be governed by the same conditions and processes that apply to Australian Public Service officers, thereby maintaining consistency in treatment between the two groups. Furthermore, the regulation stipulates that the Minister has the authority to perform any functions related to these allowances, mirroring the roles of the Public Service Board and the Chief Officer in the Australian Public Service context.
Key Provisions
The main operative sections of Statutory Rules 1977 No. 72, made under the Trade Commissioners Act 1933, focus on the equipment allowance for Trade Commissioners travelling on official duty. Regulation 11, in particular, outlines the entitlements of Trade Commissioners when they travel to places outside Australia, either from Australia or from another overseas post. Specifically, sub-regulation (1) provides that a Commissioner travelling from Australia to another country on official duty is entitled to the same equipment allowance as an officer of the Australian Public Service on a short-term overseas mission. Similarly, sub-regulation (2) states that a Commissioner travelling to another overseas location from an existing post is entitled to the same equipment allowance as an officer on long-term overseas service. Sub-regulation (3) further clarifies that these entitlements are subject to the same conditions as those applicable to Australian Public Service officers. Lastly, sub-regulation (4) stipulates that functions related to these entitlements, previously performed by the Public Service Board, the Chief Officer, or an approved officer, can now be performed by the Minister.
The obligations and requirements imposed by this regulation ensure that Trade Commissioners are fairly compensated for their travel needs when undertaking official duties outside Australia. The regulation mandates that the equipment allowance provided to Trade Commissioners aligns with the allowances provided to Australian Public Service officers in similar circumstances. It also requires that the conditions attached to these allowances be consistent with those applicable to Australian Public Service officers, ensuring equitable treatment. Additionally, the regulation assigns the responsibility for managing these entitlements from the Public Service Board, the Chief Officer, or an approved officer to the Minister, streamlining the administrative process.
Violations of the provisions outlined in these regulations could result in various legal consequences. While the specific offences and penalties are not detailed in the regulation itself, breaches of entitlements or improper administration could potentially lead to civil or administrative actions under the Trade Commissioners Act 1933. For example, failure to provide the correct equipment allowance could be considered a breach of contract or a violation of employment terms, leading to potential legal disputes. Additionally, if the misapplication of funds or improper administration results in financial loss to the Commonwealth, there could be criminal charges under relevant sections of the Criminal Code Act 1995. The maximum penalties for such offences would depend on the specific breach and the applicable laws, but they could include fines and imprisonment for serious violations.