EXPLANATORY STATEMENT
STATUTORY RULES NO. 3 OF 1983
Issued by the Authority of the Minister for Trade and Resources.
TRADE COMMISSIONERS REGULATIONS (AMENDMENT)
Regulation 43 - Representation Supplement
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 current provisions covering the payment of Representation Supplement are contained in Schedule 6A, a Determination made by the Governor-General under the Act.
The rates of Representation Supplement are tied to individual allocations of Representation Funds made to Trade Commissioners.
To remove the necessity to amend Schedule 6A as provisions are varied in the future it is proposed to substitute that Schedule with a regulation.
- Schedule 6A can then be revoked.
The Public Service Board has no objection to the proposal to give Trade Commissioners and Assistant Trade Commissioners, by way of regulation, the same conditions as public servants in respect of:
- Representation Supplement
The Attorney-General’s Department has prepared draft Statutory Rules to make new Regulation 43 to provide for the payment of representation supplement to Commissioners under the same conditions as for public servants.
Overview
The Trade Commissioners Regulations (Amendment) Statutory Rules, issued in 1983 under the authority of the Minister for Trade and Resources, amend the Trade Commissioners Act 1933 to address the administration and payment of the Representation Supplement to Trade Commissioners and Assistant Trade Commissioners. This legislation was enacted to streamline the process by which these allowances are prescribed and paid, thereby ensuring consistency with the conditions applicable to public servants. The policy objective is to align the remuneration and allowances of Trade Commissioners with those of public servants, thereby maintaining equitable terms of service across different categories of Commonwealth officers. This amendment aims to simplify the regulatory framework by substituting the existing Schedule 6A with a regulation, which will then allow for the revocation of Schedule 6A, thereby enhancing the efficiency and clarity of the legislative provisions governing the payment of Representation Supplement.
Scope and Application
The Trade Commissioners Regulations (Amendment) Statutory Rules 1983 pertain to the Trade Commissioners Act 1933, specifically addressing the payment of Representation Supplement to Trade Commissioners and Assistant Trade Commissioners. This amendment applies to Trade Commissioners and Assistant Trade Commissioners who are not already officers of the Public Service of the Commonwealth, as well as those who are. The regulations stipulate that these officials will receive salary, allowances, and expenses either as prescribed by the Act or as determined by the Governor-General in specific instances. Notably, the Public Service Board has been designated as the coordinating authority for the conditions of service for Trade Commissioner staff, as directed by the Prime Minister. The amendment seeks to replace the existing Schedule 6A, which details the payment of Representation Supplement, with a new regulation. This change is intended to streamline the process by which these payments are adjusted in the future, thereby eliminating the need for continual amendments to Schedule 6A. Concurrently, the Attorney-General’s Department has drafted Statutory Rules to introduce Regulation 43, aligning the payment of Representation Supplement for Trade Commissioners with that of public servants.
Key Provisions
The Trade Commissioners Regulations (Amendment) Statutory Rules 1983, issued under the authority of the Minister for Trade and Resources, primarily focus on amending the conditions for the payment of Representation Supplement to Trade Commissioners and Assistant Trade Commissioners under the Trade Commissioners Act 1933. Specifically, Regulation 43, which replaces the previous Schedule 6A, seeks to align the payment of Representation Supplement for these officials with the conditions applicable to public servants. This regulation ensures that the Representation Supplement is tied to individual allocations of Representation Funds and removes the need for future amendments to Schedule 6A by embedding these provisions directly into the regulations (Reg. 43).
The obligations imposed by the Trade Commissioners Act 1933, and now further defined by the amended Regulation 43, require that Trade Commissioners and Assistant Trade Commissioners who are not already officers of the Public Service of the Commonwealth receive salaries, allowances, and expenses as prescribed by the regulation or determined by the Governor-General in specific cases (s. 12, s. 4(2)). Conversely, officers of the Public Service of the Commonwealth appointed as Trade Commissioners or Assistant Trade Commissioners must be paid at the same rate they were receiving before their appointment, along with any additional remuneration and allowances specified in the regulation or decided by the Governor-General (s. 6(3)). This regulatory amendment ensures consistency in the treatment of these officials by aligning their benefits with those of public servants.
Furthermore, the Public Service Board has indicated its approval of the proposal to provide Trade Commissioners and Assistant Trade Commissioners with the same conditions as public servants regarding the Representation Supplement. This coordination underscores a commitment to uniformity in the benefits provided to these officials. The Attorney-General’s Department has drafted the necessary Statutory Rules to implement Regulation 43, thereby formalising the conditions under which Representation Supplement is paid.
In terms of consequences for breach, the Act itself does not specify offences, penalties, or civil/criminal consequences directly related to the payment of Representation Supplement. However, any non-compliance with the regulations as outlined in the Trade Commissioners Act 1933 and the amended Regulation 43 could potentially lead to administrative or legal repercussions. While the Act does not explicitly state maximum penalties for breaches, any failure to adhere to the prescribed conditions could result in corrective actions, including potential reviews or audits by relevant authorities to ensure compliance with the stipulated provisions.