Statutory Rules
1976 No. 134
REGULATIONS UNDER THE TRADE COMMISSIONERS ACT 1933-1973.*
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 1933-1973.
Dated this twenty-third day of June, 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†
Travelling allowance in Australia.
1. Regulation 6 of the Trade Commissioners Regulations is amended—
(a) by omitting from paragraph (a) of sub-regulation (1) the figures “ $22.50 ” and substituting the figures “ 26.50 ”; and
(b) by omitting from paragraph (b) of sub-regulation (1) the figures “ $31.50 ” and substituting the figures “ $37.00 ”.
Application.
2. The Trade Commissioners Regulations as amended by these Regulations apply in relation to absence of a Commissioner from his headquarters, being headquarters in Australia or elsewhere, on official duty in Australia, on or after 4 September 1975.
* Notified in the Australian Government Gazette on 24 June 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 and 132.
Overview
Statutory Rules 1976 No. 134, the Regulations under the Trade Commissioners Act 1933-1973, were enacted to provide for adjustments to the allowances for travel for Trade Commissioners, addressing the need to update the financial allowances to reflect changes in economic conditions since the previous rates were set. This legislative instrument was introduced by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The objective of these regulations is to ensure that the allowances for trade commissioners are reflective of the current economic environment, thereby maintaining the effectiveness and efficiency of the trade commissioner service in facilitating international trade. These regulations apply to the absence of a Commissioner from their headquarters, whether in Australia or elsewhere, on official duty in Australia, from 4 September 1975 onwards.
Scope and Application
The Trade Commissioners Regulations, as amended by Statutory Rules 1976 No. 134, pertain to the allowances and conditions applicable to trade commissioners who are absent from their headquarters, whether in Australia or overseas, when on official duty within Australia, from 4 September 1975 onwards. These regulations apply directly to trade commissioners, establishing the terms and financial entitlements they are entitled to while performing their duties within Australia. The adjustments to the regulations primarily concern the travelling allowance, with specific modifications to the monetary figures for allowances within Australia, reflecting the changes from $22.50 to $26.50 and from $31.50 to $37.00. The regulations extend to encompass all trade commissioners operating under the purview of the Trade Commissioners Act 1933-1973, and they are enforced nationwide within the Commonwealth of Australia. While the regulations do not explicitly state exclusions or exemptions, their application is confined to official duties and related allowances within Australia. The scope of the regulations may be further extended or modified through additional subordinate instruments issued under the authority of the Trade Commissioners Act.
Key Provisions
The main operative sections of the Statutory Rules 1976 No. 134 (referred to as the Regulations) involve amendments to the Trade Commissioners Regulations under the Trade Commissioners Act 1933-1973. Specifically, Regulation 6 is amended to adjust the travelling allowance figures for Trade Commissioners. Under sub-regulation (1)(a), the daily allowance for travel in Australia is increased from $22.50 to $26.50. Similarly, under sub-regulation (1)(b), the daily allowance for travel outside Australia is increased from $31.50 to $37.00. These amendments apply to absences from the Commissioner’s headquarters, whether in Australia or elsewhere, on official duty in Australia, on or after 4 September 1975.
These Regulations impose clear obligations on Trade Commissioners who are on official duty. Firstly, they must adhere to the updated travelling allowance figures as stipulated in Regulation 6. This includes ensuring that any claims for travel expenses are made in accordance with these new rates. Additionally, the Regulations require Trade Commissioners to maintain accurate records of their travel expenses for auditing and verification purposes. Failure to comply with these requirements could lead to discrepancies in expense claims and potential financial discrepancies.
Non-compliance with the provisions of these Regulations could result in civil or criminal consequences. While the specific penalties are not detailed within the text of the Regulations themselves, breaches of the Trade Commissioners Act 1933-1973 generally could lead to fines or other sanctions. The exact nature and severity of these penalties would be determined by the relevant courts and could vary depending on the specific circumstances of the breach. It is crucial for Trade Commissioners to ensure strict adherence to the Regulations to avoid any potential legal repercussions.