Trade Commissioners Regulations (Amendment)

Overview

The Trade Commissioners Regulations 1960, issued under the Trade Commissioners Act 1933-1936, were enacted to amend existing regulations concerning the allowances payable to trade commissioners while travelling in Australia. These regulations were made by the Administrator of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and came into operation on 4 November 1960. The policy objective behind these amendments was to adjust the travel allowances to reflect changes in economic conditions and to ensure that trade commissioners are adequately compensated for their expenses. The specific adjustments made to the regulations involved increasing the allowances for travel within Australia, reflecting the evolving economic landscape and the need to maintain fair compensation for public servants.

Scope and Application

The Trade Commissioners Regulations, as amended by Statutory Rules 1960, No. 38, apply to individuals and entities appointed as Trade Commissioners under the Trade Commissioners Act 1933-1936. These Regulations govern the administration and operations of Trade Commissioners, who are responsible for promoting Australian trade and commerce overseas. The Regulations cover allowances and expenses related to travel and duties performed in Australia, thereby impacting how Trade Commissioners manage their operational costs and expenses. These Regulations have a national jurisdictional reach, applying across the Commonwealth of Australia. The scope of the Regulations is specifically concerned with the financial allowances and administrative aspects of the Trade Commissioners’ activities, without explicitly stating exclusions or exemptions. However, the Regulations do allow for amendments and extensions through subordinate instruments, as evidenced by the amendments to the travel allowance provisions in Regulation 6, which adjust the monetary values to reflect currency changes. The Regulations came into operation on 4 November 1960, with the amendments reflecting updated financial allowances effective from that date.

Key Provisions

The key operative sections of the Trade Commissioners Regulations, as amended in Statutory Rules 1960, No. 38, involve updates to the travel allowances for trade commissioners operating within Australia. Section 2 modifies Regulation 6 of the existing Trade Commissioners Regulations by updating the financial allowances for travel. Specifically, the amount from "Three pounds eight shillings" is amended to "Three pounds eighteen shillings" in one instance, and from "Three pounds seventeen shillings" to "Four pounds ten shillings" in another instance. These amendments were designed to reflect changes in the cost of travel within Australia and to ensure that trade commissioners are adequately compensated for their expenses. The obligations imposed by these Regulations require trade commissioners to adhere to the updated travel allowances as outlined in Section 2. They must ensure that their travel expenses are within the specified limits, which are now adjusted to "Three pounds eighteen shillings" and "Four pounds ten shillings" as appropriate. Additionally, they must maintain accurate records of their travel expenses to substantiate any claims made under the updated allowances. Failure to comply with these updated allowances and the associated record-keeping requirements may result in civil or administrative consequences. While the specific penalties are not detailed in the Statutory Rules, breaches of the regulations could lead to financial penalties or other corrective actions as deemed necessary by the relevant authorities. The updated travel allowances are intended to ensure that trade commissioners are appropriately compensated and that the administration of these allowances is transparent and accountable.