EXPLANATORY STATEMENT
STATUTORY RULES 1985 No. 240
MINUTE NO. 90 OF 1985 - MINISTER FOR TRADE
SUBJECT: TRADE COMMISSIONERS ACT 1933 TRADE COMMISSIONERS REGULATIONS (REPEAL)
1. Section 12 of Trade Commissioners Act 1933 (the Act) provides that the Governor-General may make regulations not inconsistent with the Act prescribing all matters which by the Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for the giving effect to the Act.
2. The Trade Commissioners Regulations provide for the terms and conditions of employment for Trade Commissioners and for employees under the Act.
3. Schedule 1 of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985 (Act No. 65 assented to 5 June 1985) provided inter alia for the amendment of the Act to enable the issue by the Minister of determinations covering the matters contained in the regulations. Such determinations have been made by the Minister in reliance on section 4 of the Acts Interpretation Act 1901. In consequence of this, it has been recommended by Executive Council Minute No. 89/1985 that the amendments to the Act should come into operation on 1 October 1985.
4. As a result it is proposed that the existing regulations be repealed on that date.
Overview
The Trade Commissioners Act 1933, enacted by the Australian Parliament, aimed to establish and regulate the roles and responsibilities of Trade Commissioners, who are public servants tasked with promoting Australian trade and industry abroad. The Act was designed to address the need for a structured and systematic approach to trade representation in foreign countries. The Trade Commissioners Regulations, which governed the terms and conditions of employment for Trade Commissioners and other employees under the Act, have been repealed by Statutory Rules 1985 No. 240. This repeal followed recommendations from the Executive Council, facilitated by amendments under the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, allowing the Minister to issue determinations that superseded the need for specific regulations. The overarching policy objective is to streamline and modernise the regulatory framework to better align with current administrative practices and needs.
Scope and Application
The Trade Commissioners Act 1933, as repealed by the Trade Commissioners Regulations (Repeal) Minute No. 90 of 1985, applies to Trade Commissioners and their employees, whose terms and conditions of employment were previously regulated by the now-repealed Trade Commissioners Regulations. The Act operates within the Commonwealth jurisdiction and its regulatory reach pertains to the employment conditions of Trade Commissioners, who are agents of the Australian government representing trade interests in foreign countries. The repeal of the Trade Commissioners Regulations, effective from 1 October 1985, signifies a shift in the regulation of these terms and conditions to Ministerial determinations under section 4 of the Acts Interpretation Act 1901. This legislative change reflects an adaptation in administrative practices concerning the employment conditions of Trade Commissioners, while the core mandate and scope of the Act remain unchanged.
Key Provisions
The Trade Commissioners Act 1933 (the Act) primarily enables the Governor-General to make regulations concerning the terms and conditions of employment for Trade Commissioners and employees under the Act, as stated in section 12(1). This provision allows for the establishment of necessary rules to ensure the Act's effective implementation. The existing Trade Commissioners Regulations, which detail these terms and conditions, are set to be repealed following the enactment of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, which amends the original Act to facilitate the issuance of ministerial determinations. These determinations, made in accordance with section 4 of the Acts Interpretation Act 1901, will replace the existing regulations.
The Act imposes several obligations on the parties it governs. The primary obligation is on the Minister to ensure that the determinations made under section 4 of the Acts Interpretation Act 1901 cover all matters previously contained in the regulations. These determinations must be consistent with the Act and serve the purpose of maintaining the employment terms and conditions for Trade Commissioners and their employees. Additionally, the Act requires that any changes or new regulations be communicated effectively to all relevant parties to ensure compliance and understanding of the employment terms and conditions.
Breach of any regulations or determinations made under the authority of the Act could lead to various consequences. Although specific offences and penalties are not detailed in the explanatory statement, it is likely that breaches could result in administrative or legal actions. Such actions might include fines, legal proceedings, or other penalties as prescribed by relevant laws. The maximum penalties would depend on the nature and severity of the breach, as well as any specific provisions outlined in the determinations or other applicable legislation. The Act's provisions aim to ensure compliance and maintain the integrity of the employment terms and conditions for Trade Commissioners and their employees.