Trade Commissioners Regulations (Amendment)

Overview

The Trade Commissioners Regulations (Amendment) Statutory Rules 1982 were enacted to amend the Trade Commissioners Regulations of 1933 in order to reflect changes in the designations of Assistant Trade Commissioner Grades 1, 2, and 3, which have been updated to Trade Commissioner Grade D, Assistant Trade Commissioner Grade 1, and Assistant Trade Commissioner Grade 2 respectively. This amendment was authorised by section 12 of the Trade Commissioners Act 1933, under which the Governor-General may make regulations necessary or convenient to give effect to the Act, provided they are not inconsistent with it. The regulations were issued under the authority of the Minister for Trade and Resources, and the changes were agreed upon by the Public Service Board, which has been designated as the general coordinating authority for conditions of service for Trade Commissioner staff. The primary objective of these amendments is to ensure that the conditions of service and allowances for Trade Commissioner staff remain unchanged despite the reclassification of their positions.

Scope and Application

The Trade Commissioners Regulations (Amendment) Statutory Rules No. 66 of 1982 are issued under the authority of the Minister for Trade and Resources and pertain to the Trade Commissioners Act 1933. These regulations amend certain allowances and designations within the Trade Commissioners Regulations to ensure that the conditions of service and allowances for Trade Commissioner staff remain consistent following changes in their official titles. Specifically, Assistant Trade Commissioner Grades 1, 2, and 3 have been redesignated as Trade Commissioner Grade D, Assistant Trade Commissioner Grade 1, and Assistant Trade Commissioner Grade 2, respectively. This amendment is made in accordance with the Prime Minister's direction that the Public Service Board will serve as the general coordinating authority for the conditions of service for Trade Commissioner staff. The changes are designed to reflect the new designations without altering the substantive allowances and conditions previously applicable to these staff members. This amendment extends to the Travelling Allowance in Australia, Travelling Allowance outside Australia, and various local allowances, including Supplementary Local Allowance, Special Local Allowance, and Child Allowance. The scope of these regulations is limited to the Australian jurisdiction, and they do not specify any exclusions, exemptions, or thresholds beyond the adjustments noted. The Trade Commissioners Regulations themselves may be further extended or restricted through subordinate instruments as necessary.

Key Provisions

The Trade Commissioners Regulations (Amendment) (No. 66 of 1982) introduces changes to the allowances and conditions of service for Trade Commissioner staff. Section 12 of the Trade Commissioners Act 1933 empowers the Governor-General to make regulations necessary for giving effect to the Act. These regulations particularly focus on updating the titles of Assistant Trade Commissioner Grades 1, 2, and 3 to Trade Commissioner Grade D, Assistant Trade Commissioner Grade 1, and Assistant Trade Commissioner Grade 2 respectively. This amendment ensures that the conditions of service and allowances for these positions remain consistent despite the change in titles. Regulation 6 addresses the travelling allowance in Australia, Regulation 7 pertains to the travelling allowance outside Australia, and Regulation 32 covers the local allowance, supplementary local allowance, special local allowance, and child allowance. The regulations impose specific obligations on Trade Commissioner staff regarding their entitlements to allowances. For instance, Regulation 6 outlines the criteria for the travelling allowance in Australia, ensuring that eligible staff receive the appropriate amount based on their travel needs within the country. Similarly, Regulation 7 sets the parameters for the travelling allowance outside Australia, detailing how much staff can claim for travel expenses incurred abroad. Regulation 32 further specifies the conditions under which local, supplementary local, special local, and child allowances are payable, ensuring clarity and consistency in these payments. Failure to comply with the provisions outlined in the Trade Commissioners Regulations (Amendment) could potentially lead to legal repercussions. While the specific consequences for non-compliance are not detailed within the explanatory statement, breaches of regulations governing allowances and conditions of service could result in disciplinary actions against the Trade Commissioner staff. Such actions may include fines, deductions from pay, or other administrative penalties as deemed appropriate by the Public Service Board. It is important for all parties involved to adhere to these regulations to avoid any potential legal issues.