Statutory Rules
1974 No. 133
REGULATION UNDER THE TRADE COMMISSIONERS ACT 1933-1973.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulation under the Trade Commissioners Act 1933-1973.
Dated this thirty-first day of July, 1974.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
J. F. CAIRNS
Minister of State for Overseas Trade.
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Amendment of the Trade Commissioners Regulations†
After regulation 14 of the Trade Commissioners Regulations the following regulation is inserted:—
Recreation leave bonus.
“14a. A Commissioner shall be entitled, in respect of recreation leave which accrues or accrued on or after 1 January 1973 in addition to any other amount payable to him in respect of that leave, to the payment, by way of bonus, of an amount equal to the amount that would have been, or would be, payable to him if he were an officer of the Australian Public Service to whom one of the determinations or awards specified in the Schedule to the determination, known as Determination No. 979 of 1973, made by the Public Service Arbitrator under the Public Service Arbitration Act 1920-1973 applies.”.
* Notified in the Australian Government Gazette on 31 July 1974.
† Statutory Rules 1958, No. 52, as amended by Statutory Rules 1958, No. 74; 1959, No. 92; 1960, No. 45; 1961, Nos. 37 and 33; 1962, Nos. 43 and 80; 1964, No. 116; 1966, No. 19; 1967, No. 55; 1969, No. 89; 1971, No. 36; 1973, Nos. 52, 85 and 136; and 1974, Nos. 118 and 132.
Overview
Statutory Rules 1974 No. 133, made under the Trade Commissioners Act 1933-1973, was enacted to address a gap in the remuneration for recreation leave bonuses for Trade Commissioners. The regulation was introduced by the Governor-General of Australia, acting on the advice of the Executive Council, to amend the Trade Commissioners Regulations. The policy objective of this legislative instrument is to ensure that Trade Commissioners receive a recreation leave bonus equivalent to that provided to officers of the Australian Public Service under specified determinations or awards. This amendment was designed to provide fair and consistent compensation for leave accrued on or after 1 January 1973.
Scope and Application
The Trade Commissioners Regulations, as amended by Statutory Rules 1974 No. 133, apply to Trade Commissioners who accrue or accrued recreation leave on or after 1 January 1973. This amendment, inserted after regulation 14 of the Trade Commissioners Regulations, establishes a bonus payment for these Commissioners equivalent to the amount that would have been payable to an Australian Public Service officer under certain determinations or awards specified in Determination No. 979 of 1973 made by the Public Service Arbitrator. This legislative instrument extends the application of the Trade Commissioners Act 1933-1973 to specifically address the bonus entitlement for recreation leave, thereby ensuring that Trade Commissioners are treated comparably to officers of the Australian Public Service for this particular benefit. The scope of this regulation is limited to the provision of a bonus in respect of recreation leave and does not alter other entitlements or conditions of service for Trade Commissioners.
Key Provisions
The main operative section of this regulation is section 14a, which introduces a recreation leave bonus for Trade Commissioners. This section provides that a Commissioner shall be entitled to receive a bonus, in addition to any other amount payable for recreation leave, which is equal to the amount that would have been payable if they were an officer of the Australian Public Service under certain specified determinations or awards. The bonus applies to recreation leave accruing on or after 1 January 1973. The regulation aims to align the benefits for Trade Commissioners with those of Australian Public Service officers under certain conditions.
The obligations and requirements imposed by this regulation are primarily on Trade Commissioners. They must ensure they are eligible for the recreation leave bonus by meeting the criteria specified in section 14a. The regulation mandates that the Commissioner’s leave must accrue on or after 1 January 1973 to qualify for the bonus. Additionally, the calculation of the bonus must be based on the amounts that would be payable to an Australian Public Service officer under the specified determinations or awards, as outlined in the Schedule to Determination No. 979 of 1973.
Breach of this regulation or failure to comply with its requirements could result in legal consequences. Although specific offences, penalties, or civil/criminal consequences are not detailed in the regulation itself, any non-compliance might lead to disputes over the bonus entitlements or payments. These disputes could potentially be resolved through administrative or judicial processes, with the Commissioner having the right to seek clarification or enforcement of their entitlements under the regulation. The maximum penalties, if any, would depend on the specific nature of the breach and the applicable laws or regulations governing such disputes.