Trade Commissioners Regulations (Amendment)

Legislation au C1947L00048 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1947. No. 48.

 

REGULATIONS UNDER THE TRADE COMMISSIONERS ACT 1933–1936.*

I THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Trade Commissioners Act 1933–1936.

Dated this first day of April, 1947.

Governor-General.

By His Excellency’s Command,

Minister of State for Commerce and Agriculture.

 

Amendments of the Trade Commissioners Regulations.†

Definitions.

1. Regulation 2 of the Trade Commissioners Regulations is amended—

(a) by inserting at the end of the definition of “the Department” the words “and Agriculture”; and

(b) by omitting the definition of “the East” and inserting in its stead the following definition:—

“‘the East’ means China, Hong Kong, Japan, Netherlands India, British Malaya, Egypt, India, Ceylon and the Philippines;”.

2. Regulation 8 of the Trade Commissioners Regulations is repealed and the following regulation inserted in its stead:—

Travelling allowance of Assistant Trade Commissioner in Australia.

“8. An Assistant Trade Commissioner, while travelling in Australia on official duty, shall be paid travelling allowance at the rate for the time being prescribed by the Commonwealth Public Service Regulations made under the Commonwealth Public Service Act 1922–1946 for officers of equivalent salary.”.

Travelling allowance when travelling by sea or air.

3. Regulation 9 of the Trade Commissioners Regulations is amended—

(a) by inserting, after the word “sea”, the words “or by air”; and

(b) by adding at the end thereof the following sub-regulation:—

“(2.) If a Trade Commissioner or Assistant Trade Commissioner is accompanied by his wife while travelling on official duties as provided in this regulation, there shall be payable to him an additional allowance at the rate of ten shillings sterling per day.”.

 

* Notified in the Commonwealth Gazette on , 1947.

Statutory Rules 1938, No. 28, as amended by Statutory Rules 1940, No. 42.

7147.—Price 3d. 8/13.3.1947.


Living expenses on appointment or transfer to a post.

4. Regulation 11 of the Trade Commissioners Regulations is amended by adding at the end thereof the following sub-regulation:—

“(2.) The Minister may, upon proof to his satisfaction that such accommodation is not available at the expiration of three weeks, approve of the payment of such living expenses, if any, as he thinks fit.”.

5. After regulation 11 of the Trade Commissioners Regulations the following regulation is inserted:—

Rent allowance.

“11a.—(1.) The Governor-General may authorize payment to a Trade Commissioner or an Assistant Trade Commissioner of a rent allowance equal to half the rent actually paid by him but such allowance shall not exceed Two hundred and fifty pounds sterling per annum in the case of a Trade Commissioner or One hundred and seventy-five pounds sterling per annum in the case of an Assistant Trade Commissioner.

(2.) Before any allowance under this regulation is paid the Secretary may require the Trade Commissioner or Assistant Trade Commissioner to furnish him with particulars of the rent actually paid by him.

(3.) An allowance under this regulation shall not be paid in respect of rent due or paid prior to the first day of February, 1947.”.

Entertainment allowance.

6. Regulation 15 of the Trade Commissioners Regulations is amended by omitting the word “entertainment” (wherever occurring) and inserting in its stead the word “representation”.

7. After regulation 18 of the Trade Commissioners Regulations the following regulation is inserted:—

Insurance of furniture personal effect.

“18a. Where the household furniture and effects of a Trade Commissioner or Assistant Trade Commissioner are transported by sea—

(a) from Australia to the location of his post outside Australia;

(b) from his post outside Australia to Australia on the termination of his appointment; or

(c) between his posts outside Australia on official transfer,

the cost of the marine insurance of the furniture and effects against loss or damage shall be paid by the Department to the extent of charges payable on a maximum value of One thousand pounds.”.

Furniture allowance

8. Regulation 20 of the Trade Commissioners Regulations is repealed.

9. Regulation 28 of the Trade Commissioners Regulations is repealed and the following regulation inserted in its stead:—

Recreation leave in temperate zone countries.

“26. A Trade Commissioner or an Assistant Trade Commissioner stationed in Canada, New Zealand, the United Kingdom, the United States of America, Europe, South America, South Africa, or in such other countries as the Governor-General determines may be granted three weeks’ leave of absence on full pay for each year of service. The leave of a Trade Commissioner or an Assistant Trade Commissioner may be granted on the authority of the Secretary or the Trade Commissioner respectively and may not, except with the approval of the Secretary, accumulate for more than three years.”.


Visits to Australia from other than Eastern posts.

10. Regulation 31 of the Trade Commissioners Regulations is amended by omitting the words “other than in the East” and inserting in their stead the words “outside Australia”.

Establishment for local officers.

11. Regulation 34 of the Trade Commissioners Regulations is amended by adding at the end thereof the following proviso:—

“Provided that a Trade Commissioner or Assistant Trade Commissioner may appoint such local officers as he deems necessary in any case where the remuneration of those officers does not exceed Fifty pounds sterling per annum.”.

Conditions of employment of local officers.

12. Regulation 40 of the Trade Commissioners Regulations is amended by omitting the words “in Canada, New Zealand or the East” and inserting in their stead the words “outside Australia”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1947 No. 48, Regulations under the Trade Commissioners Act 1933–1936, was enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. This legislation aimed to address various administrative and logistical issues faced by Trade Commissioners and Assistant Trade Commissioners in their official duties, particularly in relation to their travel, allowances, and insurance provisions. The overarching policy objective was to ensure that these officials could effectively perform their roles by providing them with the necessary financial support and allowances, as well as addressing the logistical challenges of relocating and maintaining their household effects. These regulations were designed to streamline and modernise the existing framework, ensuring that it met the needs of post-war trade and diplomatic activities.

Scope and Application

The Trade Commissioners Regulations, made under the Trade Commissioners Act 1933–1936, apply to Trade Commissioners and Assistant Trade Commissioners who are appointed to serve in various countries outside Australia, including specific regions such as China, Hong Kong, Japan, and others designated as "the East." The Regulations pertain to the allowances and benefits that these officials receive, such as travel, living expenses, and recreation leave, as well as the conditions under which these benefits are granted. The Regulations extend to the Commonwealth jurisdiction, ensuring uniformity in the treatment of these officials across the various posts they occupy. Notably, the Regulations provide allowances for travel, whether by sea or air, and additional allowances for spouses accompanying officials on official duties. Living expenses and rent allowances are also regulated, with specific thresholds set for the maximum annual rent allowance. Furthermore, the Regulations outline provisions for entertainment and representation expenses, insurance for household goods, and allowances for recreation leave in designated temperate zone countries. The Regulations also address the appointment and conditions of local officers, setting a remuneration limit for such appointments. The scope of these Regulations is broad, covering various aspects of the officials' service, while ensuring that the allowances and benefits are consistent with the officials' roles and the geographical regions in which they are stationed.

Key Provisions

The Trade Commissioners Regulations (1947) introduce several significant amendments to the Trade Commissioners Regulations, primarily focusing on allowances and benefits for Trade Commissioners and Assistant Trade Commissioners. Under section 1, the definition of "the East" has been expanded to include China, Hong Kong, Japan, Netherlands India, British Malaya, Egypt, India, Ceylon, and the Philippines. This amendment aims to clarify the geographical scope of certain regulations. Section 2 replaces the repealed Regulation 8, now establishing a travelling allowance for Assistant Trade Commissioners travelling within Australia on official duties at rates prescribed by the Commonwealth Public Service Regulations. Furthermore, section 3 amends Regulation 9 to include travel by air, and introduces an additional allowance for Trade Commissioners or Assistant Trade Commissioners accompanied by their wives. The Regulations impose several obligations on Trade Commissioners and Assistant Trade Commissioners, as well as the Department. For instance, section 4 allows the Minister to approve living expenses if suitable accommodation is not available within three weeks of appointment or transfer. Section 5 introduces a rent allowance, subject to certain conditions and limits. Section 6 modifies the term "entertainment" to "representation" in Regulation 15, while section 7 establishes a new Regulation 18a to cover the cost of marine insurance for the transportation of household furniture and effects by sea. Additionally, sections 8 and 9 repeal Regulations 20 and 28, respectively, and replace them with new provisions regarding recreation leave and furniture allowances. Breach of these Regulations can lead to various consequences, though specific penalties are not detailed in the text. The Regulations establish financial allowances and conditions for Trade Commissioners and Assistant Trade Commissioners, and failure to comply with these provisions could result in the denial of allowances or other benefits. For instance, not adhering to the terms of the rent allowance could result in the disallowance of the allowance, while failure to meet the conditions for living expenses might prevent their approval. Non-compliance with insurance requirements might lead to the Department not covering the costs of marine insurance for the transportation of household effects. However, the exact penalties or consequences for non-compliance are not specified within the text of these Regulations.

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Travelling Allowance
Rent Allowance
Recreation Leave

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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.