Trade Commissioners Regulations (Amendment)

Legislation au C2004L06303 Regulations Not in force Legislative Instrument

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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

Overview

The Trade Commissioners Regulations (Amendment) Statutory Rules of 1985, issued under the authority of the Minister for Trade, aim to align the travelling allowances of Trade Commissioners and Assistant Trade Commissioners with those of the Australian Public Service when they are on duty in Australian capital cities. This amendment responds to the need for consistency in allowances across different sectors of government service. Enacted by the Australian Parliament, the purpose of this amendment is to ensure that Trade Commissioners and Assistant Trade Commissioners receive the same increases in allowances as were granted to Public Service members. This amendment is based on the Public Service Board Determinations of 1983 and 1984, which set the travelling allowance rates. The regulations, though retrospective, do not affect the rights of individuals other than the Commonwealth, thus complying with the Acts Interpretation Act 1901. The changes, effective from the dates of the original determinations, will be applied administratively to adjust the allowances retroactively.

Scope and Application

The Trade Commissioners Regulations (Amendment) Statutory Rules of 1985 amend the Trade Commissioners Regulations under the Trade Commissioners Act 1933 to extend the same rates of travelling allowance to Trade Commissioners and Assistant Trade Commissioners as those granted to Australian Public Service officers. This change applies to the travelling allowance for accommodation, meals, and incidentals when Trade Commissioners and Assistant Trade Commissioners are on official duty in Australian capital cities. The amendment reflects the increases specified in the Public Service Board Determinations 1983/19 and 1984/11, which adjusted the travelling allowance for Public Service officers. Although the regulations are set to have retrospective effect from the dates the Public Service Determinations took effect, no payments will be made until the Statutory Rules are approved. The changes apply to all Trade Commissioners and Assistant Trade Commissioners, regardless of whether they were previously officers of the Public Service of the Commonwealth. The amendments are made under the authority of Section 12 of the Trade Commissioners Act 1933, which allows for regulations to be made to give effect to the Act.

Key Provisions

The Trade Commissioners Regulations (Amendment) Statutory Rule No. 17 of 1985 amends the Trade Commissioners Regulations 1933 to update the travelling allowance rates for Trade Commissioners and Assistant Trade Commissioners. Regulation 2 applies the 1983 Determination which increased the travelling allowance at the capital city rate to $96.00 for officers of the Australian Public Service of Level 1 and above, and to $73.20 for officers below Level 1. Regulation 3 applies the 1984 Determination which increased the travelling allowance to $100.00 for officers of the Australian Public Service of Level 1 and above, and to $76.45 for officers below Level 1. Both regulations are expressed to have retrospective effect from their respective dates of operation. These regulations impose the obligation on Trade Commissioners and Assistant Trade Commissioners to adhere to the prescribed rates of travelling allowance. This includes ensuring that any travel undertaken on official duty within Australia is compensated at the specified rates, aligning with the determinations applied to the Australian Public Service. The Public Service Board has agreed to extend the new rates of travelling allowance to Trade Commissioners and Assistant Trade Commissioners, thereby ensuring consistency in remuneration across different public service roles. Failure to comply with these regulations could lead to discrepancies in remuneration, which may result in administrative or legal consequences. While specific offences and penalties are not detailed within the explanatory statement, breaches of the Trade Commissioners Act 1933 or its regulations could lead to civil or criminal consequences under Australian law. The maximum penalties for breaches of the Act or its regulations could include fines or other sanctions as determined by a court, depending on the nature and severity of the breach.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.