Statutory Rules
1976 No. 295
REGULATIONS 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 Regulations under the Trade Commissioners Act 1933.
Dated this twenty-third day of December, 1976.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
JOHN HOWARD
Minister of State for Business and Consumer Affairs
for and on behalf of the Minister for Overseas Trade
__________
Amendments of the Trade Commissioners Regulations†
1. After regulation 26 of the Trade Commissioners Regulations the following regulation is added:—
Allowances for excess education costs.
“ 27. (1) A Commissioner shall be entitled to be paid, by way of allowances in respect of the education, while stationed at a post after 31 December 1973, of his children in the country where that post is, such amounts as would be payable to him by way of reimbursement of excess education costs incurred in that country if he were an officer of the Australian Public Service engaged in overseas service on long-term posting.
“ (2) Payments under sub-regulation (1) to a Commissioner shall be subject to the same conditions that would be applicable if he were an officer of the Australian Public Service engaged in overseas service on long-term posting.
“ (3) 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 Public Service Board may, in relation to an entitlement given by that sub-regulation, be performed by the Minister.”.
Schedule.
2. The Schedule to the Trade Commissioners Regulations is amended by omitting the heading “ SCHEDULE 15 ” and all words and figures between that heading and the heading “ SCHEDULE 19 ”.
* Notified in the Australian Government Gazette on 30 December 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; 1975, Nos. 25, 76, 104, 155 and 216; and 1976, Nos. 76, 93, 132, 134, 171, 172, 199, 246, 270, 271 and 272.
Overview
Statutory Rules 1976 No. 295, made under the Trade Commissioners Act 1933, was enacted to address the gap in allowances for trade commissioners regarding excess education costs incurred while stationed overseas with their families. These regulations were introduced by the Governor-General, acting on the advice of the Federal Executive Council. The policy objective was to ensure that trade commissioners receive equitable compensation for the additional educational expenses they face when posted abroad, aligning their entitlements with those of Australian Public Service officers on long-term overseas postings. The regulations provide that commissioners stationed overseas after December 31, 1973, are entitled to allowances for their children's education in the host country, subject to the same conditions and oversight as applicable to public service officers in similar circumstances.
Scope and Application
The Trade Commissioners Regulations, enacted under the Trade Commissioners Act 1933, apply to Trade Commissioners who are stationed overseas and their families, specifically concerning allowances for excess education costs. The regulations are designed to ensure that Trade Commissioners receive the same allowances for their children's education expenses as an officer of the Australian Public Service engaged in overseas service on long-term posting. This includes any conditions or functions that are applicable to such officers, which can be performed by the Minister. These regulations extend across various jurisdictions where Trade Commissioners are posted, ensuring uniformity in the benefits they receive. The application of these regulations is extended through subordinate instruments, which may include further amendments and specific provisions to adapt to changing circumstances or policy adjustments.
Key Provisions
The Trade Commissioners Regulations, as amended by Statutory Rules 1976 No. 295, introduce a new provision regarding allowances for excess education costs for Trade Commissioners stationed overseas (Regulation 27). According to this new regulation, Trade Commissioners are entitled to allowances for the education of their children in the country where they are stationed, provided the stationing occurs after 31 December 1973. These allowances are to be calculated in the same manner as they would be for an officer of the Australian Public Service on long-term overseas posting (Regulation 27(1)). The payments are subject to the same conditions applicable to Australian Public Service officers (Regulation 27(2)), and any functions related to these entitlements, which are normally performed by the Public Service Board, can be performed by the Minister (Regulation 27(3)).
Under these regulations, Trade Commissioners must comply with the same conditions and requirements as officers of the Australian Public Service regarding their overseas postings. This includes adhering to the terms and conditions of the allowances for excess education costs, ensuring that all claims and documentation are accurate and complete, and following any guidelines or instructions provided by the Minister or relevant authorities. The regulations also stipulate that the Minister has the authority to perform functions related to these entitlements, which would otherwise be carried out by the Public Service Board.
Failure to comply with the provisions of these regulations can result in civil or criminal consequences. While the specific penalties are not detailed in the legislative instrument, breaches of regulations governing public service entitlements generally attract penalties that can include fines and, in severe cases, criminal charges. The exact penalties would depend on the nature and severity of the breach, as well as any relevant laws and regulations in force at the time of the offence.