Statutory Rules
1976 No. 171
REGULATIONS UNDER THE TRADE COMMISSIONERS ACT 1933.*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Trade Commissioners Act 1933,
Dated this nineteenth day of August, 1976.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
J. D. ANTHONY
Minister of State for Overseas Trade.
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Amendments of the Trade Commissioners Regulations†
Additional allowance and payments and effect of Determination.
1. Regulation 23 of the Trade Commissioners Regulations is amended by omitting the word “ preceding ” and substituting the word “ other ”.
Special Child Allowance.
2. After regulation 23 of the Trade Commissioners Regulations the following regulation is added:—
“ 24. (1) A Commissioner shall be entitled, in respect of the education of his children after 31 December 1973, to the payment, by way of Special Child Allowance, of such amounts as he would be entitled to be paid if he were an officer of the Australian Public Service.
“ (2) Any function that in relation to an entitlement of an officer of the Australian Public Service referred to in sub-regulation (1) may be performed by the Public Service Board or the Permanent Head of the Department of Foreign Affairs may be performed, in relation to an entitlement given by that sub-regulation, by the Secretary.”.
Amendment of Schedule.
3. The Schedule to the Trade Commissioners Regulations is amended by omitting the heading “ SCHEDULE 9 ” and all words and figures between that heading and the heading “ SCHEDULE 10 ”.
* Notified in the Australian Government Gazette on 25 August 1976.
† Statutory Rules 1958, No, 52, as amended by Statutory Rules 1958, No. 74; 1959, No. 92; 1960, No, 45; 1961, Nos. 37 and 38; 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; 1974, Nos. 118, 132, 133, 163, 194 and 209; 1975, Nos. 25, 76, 104, 155 and 216; and 1976, Nos. 76, 93, 132 and 134.
Overview
Statutory Rules 1976 No. 171, made under the Trade Commissioners Act 1933, was introduced to amend existing regulations concerning allowances and payments for Trade Commissioners. Enacted by the Governor-General of the Commonwealth of Australia on the advice of the Federal Executive Council, these regulations sought to address specific gaps in the financial support system for Trade Commissioners, particularly regarding allowances for child education. The policy objective was to align the allowances for Trade Commissioners more closely with those provided to officers of the Australian Public Service, ensuring consistency and fairness in the treatment of these professionals. The regulations were designed to improve the support structure for Trade Commissioners, ensuring they receive adequate financial assistance for their roles, which often involve significant international responsibilities.
Scope and Application
The Trade Commissioners Regulations, as amended by Statutory Rules 1976 No. 171, apply to Trade Commissioners who are officers of the Australian Public Service and who are engaged in the duties specified under the Trade Commissioners Act 1933. These regulations pertain to the allowances and payments due to Trade Commissioners, particularly in relation to their children’s education. The scope of the regulations is confined to the Commonwealth level, as they are made under the authority of the Commonwealth Government and are applicable nationwide. The amendments made by Statutory Rules 1976 No. 171 include changes to the Special Child Allowance, adjusting the conditions under which such allowances are paid to Trade Commissioners, aligning them with the entitlements of Australian Public Service officers. Additionally, the regulations specify the functions that can be performed by the Secretary in relation to these allowances. The regulations do not explicitly state any exclusions or exemptions, but they are subject to the broader conditions and limitations inherent in the Trade Commissioners Act 1933. The application of these regulations can be further extended or restricted through subordinate instruments, as permitted under the overarching legislative framework.
Key Provisions
The Trade Commissioners Regulations, made under the Trade Commissioners Act 1933, include several key provisions. Regulation 23 is amended to replace the word "preceding" with "other" (section 1). Additionally, a new regulation 24 is introduced, which provides that a Commissioner is entitled to a Special Child Allowance for the education of their children after 31 December 1973 (section 2). This allowance is equivalent to what an officer of the Australian Public Service would receive. Furthermore, functions related to this entitlement, which may be performed by the Public Service Board or the Permanent Head of the Department of Foreign Affairs for Australian Public Service officers, can be performed by the Secretary in relation to the Commissioner's entitlement (section 2(2)).
These regulations impose specific obligations on the Trade Commissioners. They must ensure that any entitlements under the Special Child Allowance are calculated and administered in the same manner as those of Australian Public Service officers. This involves the Secretary performing certain functions related to the allowance, ensuring consistency in the application of these provisions. The regulations also necessitate that the Commissioner meets the eligibility criteria for the allowance, specifically that the children in question must have been born after 31 December 1973.
Failure to comply with the provisions of these regulations could result in administrative or legal consequences. Although the document does not specify the exact penalties for non-compliance, breaches of regulations under the Trade Commissioners Act 1933 can generally lead to civil or criminal actions. The penalties for such breaches may include fines, imprisonment, or other sanctions as prescribed by relevant legislation. The specific penalties would depend on the nature and severity of the breach, and any applicable laws or regulations governing administrative compliance.