Trade Commissioners Regulations (Amendment)

Legislation au C1971L00036 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1971 No.

 

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 fifteenth day of March, 1971.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Sgd. J. D. Anthony

Minister of State for Trade and Industry.

 

Amendments of the Trade Commissioners Regulations†

Travelling allowance in Australia.

1. Regulation 6 of the Trade Commissioners Regulations is amended by omitting paragraphs (a), (b) and (c) of sub-regulation (1.) and inserting in their stead the following paragraphs:—

“(a) in the case of an Assistant Trade Commissioner—at the rate of Twelve dollars fifteen cents per day;

(b) in the case of a Trade Commissioner who is classified as a Trade Commissioner Grade C—at the rate of Fifteen dollars forty cents per day, or

(c) in the case of a Trade Commissioner who is classified as—

(i) a Trade Commissioner Grade B; or

(ii) a Trade Commissioner Grade A,

at the rate of Twenty-one dollars per day.”.

Insurance of furniture and effects.

2.—(1.) Regulation 10 of the Trade Commissioners Regulations is amended by omitting from sub-regulation (2.) the words “Four hundred dollars” and inserting in their stead the words “Six hundred dollars”.

(2.) Sub-regulation (2.) of regulation 10 of the Trade Commissioners Regulations as amended by the last preceding sub-regulation applies in relation to insurance of baggage effected on or after the twenty-sixth day of June, 1970.

3. The Trade Commissioners Regulations are amended by adding at the end thereof the following regulation:—

Loss or damage to clothing or personal effects.

“22.—(1.) Where—

(a) a Commissioner incurs loss of, or damage to, clothing or personal effects; and

 

* Notified in the Commonwealth Gazette on 1971.

† 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; and 1969, No. 89.

26544/70—Price 8c 10/11.1.1971


(b) a condition specified in the next succeeding sub-regulation is fulfilled in relation to the loss or damage,

the Commissioner shall be paid, in respect of the loss or damage, an amount determined by the Minister in accordance with this regulation.

“(2.) The conditions relating to loss of or damage to clothing or personal ejects of a Commissioner are—

(a) that the loss or damage occurs while the Commissioner is protecting or endeavouring to protect property of the Commonwealth from loss or damage;

(b) that the loss or damage is caused by a fault or defect in goods or other property belonging to the Commonwealth;

(c) that the loss or damage is caused by an act or omission of a person, other than the Commissioner, employed by the Commonwealth; and

(d) subject to the next succeeding sub-regulation, that the loss or damage occurs otherwise than in a circumstance referred to in a preceding paragraph of this sub-regulation and in the course of, or as a result of, the performance by the Commissioner of his duties.

“(3.) The condition specified in paragraph (d) of the last preceding sub-regulation shall not be taken to have been fulfilled in relation to a loss of or damage to clothing or personal effects of a Commissioner unless—

(a) the Commissioner has taken the precautions that he might reasonably be expected to have taken to avoid the loss or damage;

(b) the Commissioner has not instituted, and does not intend instituting, proceedings against a person who may be liable to him in respect of the loss or damage;

(c) the Commissioner cannot reasonably be expected to take proceedings for the recovery of damages in respect of the loss or damage from a person who may be liable to him in respect of the loss or damage; and

(d) the Commissioner has not received, and is not entitled to receive, from a person liable to him in respect of a loss or damage any sum in respect of the loss or damage.

“(4.) A Commissioner is not entitled to be paid an amount in respect of loss or damage under sub-regulation (1.) of this regulation if he is entitled to be paid an amount in respect of the loss or damage under a contract of insurance.

“(5.) Where a Commissioner is entitled to be paid an amount under sub-regulation (1.) of this regulation in respect of the loss of, or damage to, his clothing or personal effects, the amount to be determined by the Minister for the purpose of that sub-regulation shall be a reasonable sum, not exceeding Forty dollars, having regard to—

(a) the price paid by the Commissioner for the clothing or personal effects;

(b) if the clothing or personal effects were lost or damaged beyond repair—the cost of replacing the clothing or personal effects; and

(c) if the clothing or personal effects were damaged, but not beyond repair—the cost of repairing the clothing or personal effects.


“(6.) Nothing in this regulation affects any right that a Commissioner may have, apart from this regulation, to recover damages from the Commonwealth or from any other person in respect of the loss or damage, but, if after an amount has been paid to a Commissioner under this regulation the Commissioner recovers damages in respect of the loss or damage, an amount equal to the amount paid under this regulation, or, if that amount is greater than the amount recovered as damages, an amount equal to the amount recovered as damages, is recoverable from the Commissioner as a debt due to the Commonwealth.”.

Printed by Authority by the Government Printer of the Commonwealth of Australia

Overview

The Statutory Rules 1971 No. Regulations under the Trade Commissioners Act 1933-1936 were enacted to provide for amendments to the Trade Commissioners Regulations. These amendments were made under the authority of the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The primary purpose of these regulations is to update the allowances and insurance coverages for Trade Commissioners, as well as to address claims for loss or damage to personal effects. The amendments include adjustments to daily allowances for Assistant Trade Commissioners and Trade Commissioners of various grades, an increase in the insurance coverage for furniture and effects, and provisions for compensating Trade Commissioners for losses or damages to their clothing or personal effects under specific conditions. These changes aim to ensure that the allowances and protections provided to Trade Commissioners are aligned with their operational needs and responsibilities.

Scope and Application

The Trade Commissioners Regulations made under the Trade Commissioners Act 1933-1936 apply to Trade Commissioners employed by the Commonwealth of Australia. These Regulations govern various aspects of the employment and duties of Trade Commissioners, including allowances for travel within Australia and compensation for loss or damage to personal effects. The amendments to these Regulations specify the rates of travel allowances for different grades of Trade Commissioners and modify the maximum amount for which furniture and effects can be insured. Additionally, the Regulations include provisions for compensation in cases where Trade Commissioners suffer loss or damage to their clothing or personal effects while performing their duties, provided certain conditions are met, such as the loss or damage occurring in the course of duty and the absence of other avenues for compensation. This legislation applies on a national level across Australia, with its provisions being enforced throughout the Commonwealth. The Regulations do not explicitly state any exclusions, exemptions, or thresholds beyond the conditions outlined for compensation claims. Any further extension or restriction of the application of these Regulations can be made through subordinate instruments as necessary.

Key Provisions

The Regulations under the Trade Commissioners Act 1933-1936, issued on 15 March 1971, introduce significant amendments to the Trade Commissioners Regulations. Firstly, the amendments adjust the rates of travelling allowances for Assistant Trade Commissioners and Trade Commissioners. Specifically, the new rates are set at Twelve dollars fifteen cents per day for Assistant Trade Commissioners (Regulation 6(1)(a)), Fifteen dollars forty cents per day for Trade Commissioners classified as Grade C (Regulation 6(1)(b)), and Twenty-one dollars per day for Trade Commissioners classified as Grade B or Grade A (Regulation 6(1)(c)). These amendments aim to provide appropriate compensation for travel expenses based on the rank of the Commissioner. Secondly, the Regulations modify the insurance coverage for furniture and effects, increasing the limit from Four hundred dollars to Six hundred dollars (Regulation 10(2)). This change ensures that the insurance coverage better reflects current market values and provides adequate protection for the Commissioner's belongings. In addition to the allowance and insurance amendments, the Regulations introduce a new provision addressing the compensation for loss or damage to clothing or personal effects of a Commissioner (Regulation 22). Under this provision, a Commissioner is eligible for compensation if the loss or damage occurs under specific conditions: the incident must happen while the Commissioner is protecting Commonwealth property (Regulation 22(2)(a)), be caused by a fault or defect in Commonwealth-owned property (Regulation 22(2)(b)), result from the act or omission of a Commonwealth employee (Regulation 22(2)(c)), and occur in the course of the Commissioner's duties (Regulation 22(2)(d)). The Commissioner must also take reasonable precautions to avoid the loss or damage and be unable to seek compensation from the liable party or through insurance (Regulation 22(3)). The compensation amount, determined by the Minister, should not exceed Forty dollars and is based on the purchase price, replacement cost, or repair cost of the affected items (Regulation 22(5)). Importantly, if the Commissioner recovers damages from another source after receiving compensation under these Regulations, they must repay the Commonwealth the amount received, up to the amount of the damages recovered (Regulation 22(6)). The Regulations also establish potential consequences for non-compliance with the provisions. Although the specific penalties for breaches are not outlined within the text of these Regulations, breaches of the Trade Commissioners Act or any other Act or regulation could result in civil or criminal penalties, depending on the nature and severity of the breach. Civil penalties might include fines or monetary compensation, while criminal penalties could include imprisonment or fines, depending on the specific laws governing the breach. It is essential for parties governed by these Regulations to adhere to the stipulated provisions to avoid any legal repercussions.

Legal classification tags

Instrument
Regulation
Concepts
Definitions & Interpretation
Compensation & Reimbursement
Insurance Coverage
Catchwords
Travelling allowance in Australia
Loss or damage to clothing or personal effects

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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.