EXPLANATORY STATEMENT
STATUTORY RULES NO. 17 OF 1985
Issued by the Authority of the Minister for Trade.
TRADE COMMISSIONERS ACT 1933
TRADE COMMISSIONERS REGULATIONS (AMENDMENT)
Regulation 6 - Travelling Allowance within Australia.
Section 12 of the Trade Commissioners Act 1933 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for giving effect to the Act.
Sub-section 4(2) of the Act provides that a Trade Commissioner or an Assistant Trade Commissioner who was not, immediately prior to his appointment, an officer of the Public Service of the Commonwealth shall be paid such salary, allowances and expenses as are prescribed or as the Governor-General in any particular case determines. Sub-section 6(3) of the Act provides that an officer of the Public Service of the Commonwealth who is appointed a Trade Commissioner or an Assistant Trade Commissioner shall be paid salary at the same rate as he was being paid immediately prior to his appointment together with such additional remuneration and allowances as are prescribed or as the Governor-General in any particular case determines.
The Prime Minister has directed that the Public Service Board will be the general co-ordinating authority for conditions of service for Trade Commissioner staff.
The agreement of the Public Service Board has been obtained to extend to Trade Commissioners and Assistant Trade Commissioners new rates of travelling allowance as applicable to Public Servants when travelling on duty in Australia.
The purpose of the proposed amendments is to enable Trade Commissioners and Assistant Trade Commissioners to receive the same increases in travelling allowance as were granted to members of the Australian Public Service in respect of accommodation, meals and incidentals when staying in Australian capital cities on official duty (“travelling allowance at the capital city rate”). The increases for members of the Public Service were effected by Public Service Board Determination 1983/19 (“the 1983 Determination”) and by Public Service Board Determination 1984/11 (“the 1984 Determination”).
Proposed Regulation 2 in the attached Statutory Rule is intended to amend Sub-regulation 6(1) of the Trade Commissioners Regulations to apply to Trade Commissioners and Assistant Trade Commissioners the effect of the 1983 Determination in so far as it relates to travelling allowance at the capital city rate. The amount of that travelling allowance is fixed at $96.00 in respect of officers of the Australian Public Service of Level 1 and above and at $73.20 in respect of officers below Level 1. The 1983 Determination came into operation on 10 October 1983 and it is proposed therefore that Regulation 2 of the Statutory Rule will be expressed to have come into operation on that date (see proposed Sub-regulation 1(1)).
Proposed Regulation 3 is intended to amend Sub-regulation 6(1) of the Trade Commissioners Regulations to apply to Trade Commissioners and Assistant Trade Commissioners the effect of the 1984 Determination in so far as it relates to travelling allowance at the capital city rate. The amount of that travelling allowance is fixed at $100.00 in respect of officers of the Australian Public Service of Level 1 and above and at $76.45 in respect of officers below Level 1. The 1984 Determination came into operation on 1 May 1984 and it is proposed therefore that Regulation 3 will be expressed to have come into operation on that date (see proposed Sub-regulation 1(2)).
The retrospective operation of the proposed regulations, would not prejudice the rights of any person other than the Commonwealth and is not, therefore, prohibited by Sub-section 48(2) of the Acts Interpretation Act 1901.
Although the amendments are expressed to have retrospective effect, no payments in line with the proposed increases have been made in anticipation of the proposed amendments being made. In the event that the proposed regulations are approved, administrative action will be taken to pass on the applicable increases to officers who received travelling allowance at the existing rates during the period from 10 October 1983 up to the day on which the proposed regulations are made.
Authority: Section 12 of the Trade Commissioners Act 1933