Trade Commissioners Regulations (Amendment)

Overview

Statutory Rules 1978 No. 248, made under the Trade Commissioners Act 1933, was introduced to update the allowances for travel by trade commissioners in Australia. Enacted by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, these regulations specifically address the need to revise the financial allowances provided to trade commissioners when they are on official duty within Australia. The policy objective of these amendments is to ensure that the travel allowances remain consistent with the prevailing economic conditions, thereby maintaining the effectiveness and efficiency of the trade commissioner service in representing Australian interests abroad and domestically. This legislative instrument, which applies to absences from headquarters on official duty after 17 August 1978, ensures that trade commissioners receive appropriate compensation for their travel expenses.

Scope and Application

The Trade Commissioners Regulations 1978, as amended, apply to Trade Commissioners who are on official duty in Australia after 17 August 1978, regardless of whether their headquarters are located within Australia or elsewhere. These Regulations pertain to the adjustment of allowances, specifically the travelling allowance, for Trade Commissioners engaged in official duties. The primary alteration to Regulation 6 involves the revision of the rates of allowances, substituting new figures for those previously stated. The amendments are intended to update the financial provisions to reflect current conditions and ensure that the allowances provided to Trade Commissioners remain adequate and reflective of actual costs incurred during official duties. The Regulations extend their application to all Trade Commissioners operating within Australia, thus encompassing any person or entity involved in official duties for the Trade Commissioner service. The scope of these amendments is limited to the financial adjustments of allowances and does not extend to other areas of the Trade Commissioner service. Any other provisions not specifically amended by these Regulations remain in effect as previously established. The Regulations do not explicitly state any exclusions, exemptions, or thresholds beyond the scope of the allowances mentioned.

Key Provisions

The primary operative sections of these Regulations involve amendments to the Trade Commissioners Regulations (1958 No. 52) as adjusted to date. Specifically, Regulation 6 is altered to update the travelling allowance rates for Trade Commissioners when they are on official duty in Australia (Regulation 6(1)). The new rates set forth are $38.35 for one class of allowance and $49.00 for another, replacing the previous rates of $34.55 and $45.00, respectively. The amendments are effective for any absence of a Commissioner from their headquarters, whether in Australia or elsewhere, that begins after 17 August 1978. These Regulations impose obligations on Trade Commissioners and other relevant parties to adhere to the updated allowances specified in Regulation 6. By setting new rates, the Regulations ensure that Trade Commissioners are compensated appropriately for their travel expenses incurred while on official duty in Australia. This includes ensuring that all claims for allowances are made in accordance with the newly stipulated rates. Failure to comply with the updated allowances as outlined in these Regulations may result in discrepancies in the reimbursement of travel expenses for Trade Commissioners. Although the Regulations themselves do not explicitly state penalties or consequences for non-compliance, breaches of the Trade Commissioners Act 1933 or associated regulations could potentially lead to legal action. The Act provides for various penalties, including fines and other civil or criminal consequences, depending on the nature and severity of the breach. It is important for all parties involved to adhere strictly to the provisions of the Regulations to avoid any potential legal ramifications.