STATUTORY RULES.

1938. No. 28.

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 , 1938.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

Minister of State for Commerce.

Trade Commissioners Regulations.

Short title.

1. These Regulations may be cited as the Trade Commissioners Regulations.

Definitions,

2.—(1.) In these Regulations, unless the contrary intention appears—

“child ” means any child of a Trade Commissioner or Assistant Trade Commissioner who is wholly or partly dependent upon the earnings of the Trade Commissioner or Assistant Trade Commissioner, as the case may be;

“local officer ” means an officer appointed by a Trade Commissioner or Assistant Trade Commissioner in pursuance of section ten of the Act;

“post ” means the centre in which a Trade Commissioner’s headquarters are established;

“territory” means the country, or part of a country, in respect of which a Trade Commissioner or an Assistant Trade Commissioner is appointed and includes such additional area as the Minister, in any particular case, determines;

“the Act” means the Trade Commissioners Act 1933-1936, and if at any time that Act is amended, means that Act as so amended;

“the Department ” means the Department of Commerce;

“the East” means China, Japan, Netherlands India, British Malaya, and Egypt;

“ the Secretary ” means the Secretary of the Department.

(2.) Wherever in these Regulations any amount of money is stated, the amount, unless otherwise stated, means an amount in Australian currency.

* Notified in the Commonwealth Gazette on                                                                                                , 1938.

3154.—22/1.3.38.––Price 5d.

Delegation by the Minister.

3.—(1.) The Minister may, in relation to any particular matter or class of matters, or in relation to any territory, by writing under his hand, delegate to the Secretary all or any of his powers and functions under these Regulations (except this power of delegation) so that the delegated powers or functions may be exercised by the Secretary with respect to the matter or class of matters or the territory specified in the instrument of delegation.

(2.) Every delegation under this regulation shall be revocable at will, but any delegation shall not prevent the exercise of any power or function by the Minister.

Regulations to apply unless otherwise determined by the Governor-General.

4. Unless otherwise determined in any particular case by the Governor-General, these Regulations shall apply to any Trade Commissioner or Assistant Trade Commissioner appointed pursuant to the Act and to officers appointed pursuant to section ten of the Act.

Duties of Assistant Trade Commissioners,

5.—(1.) A Trade Commissioner for any territory may give special or general directions to the Assistant Trade Commissioner in that territory.

(2.) In the case of the illness or absence of any Trade Commissioner for any territory, the Assistant Trade Commissioner for the territory shall, unless the Minister otherwise directs, perform the duties of the Trade Commissioner during such illness or absence.

Trade Commissioner not to leave his territory.

6. A Trade Commissioner or an Assistant Trade Commissioner shall not, without the approval of the Minister, leave his territory.

Travelling allowance of Trade Commissioner in Australia.

7. A Trade Commissioner, while travelling in Australia on official duties, shall be paid a travelling allowance at the rate of twenty-five shillings per day.

Travelling allowance of Assistant Trade Commissioner in Australia.

8. An Assistant Trade Commissioner, while travelling in Australia on official duties, shall be paid a travelling allowance at the rate of seventeen shillings per day.

Travelling allowances at sea.

9. A Trade Commissioner or an Assistant Trade Commissioner, while travelling by sea on official duties from Australia to the location of his post, or from the location of his post to Australia, or to a post to which he has been transferred, shall be paid a travelling allowance at the rate of ten shillings sterling per day.

Costs of transport on appointment.

10. When a Trade Commissioner or an Assistant Trade Commissioner is travelling from Australia to his post on his first appointment, or from his post to Australia on the termination of his appointment, or to a post to which he has been transferred, the actual cost of conveyance of the officer, his wife and children shall be borne by the Department and, where travelling by land between the port of disembarkation or embarkation is involved, he shall be reimbursed the travelling expenses actually incurred by him on behalf of himself, his wife and children in respect of such travelling by land.

Living expenses on appointment or transfer to a post.

11. A Trade Commissioner or an Assistant Trade Commissioner, when first seeking permanent residential accommodation at a post to which he has been appointed or transferred, shall be paid the actual living expenses of himself, his wife and children—

(i) from the date of his arrival at that post until the date of obtaining that accommodation; or

(ii) for a period of three weeks,

whichever period is the shorter.

 

Costs of transport on official visits to Australia.

12. (1.) Where a Trade Commissioner or Assistant Trade Commissioner is summoned to Australia on official duty, the cost of conveyance of the officer to and from Australia shall be borne by the Department.

(2.) If the officer is accompanied by his wife and children, or by his wife or children, the Minister may, subject to regulation 30 of these Regulations, authorize the payment of their fares to and from Australia.

Travelling allowances in territory.

13. A Trade Commissioner or an Assistant Trade Commissioner shall be paid travelling, hotel and incidental expenses actually incurred by him while travelling on official duties within the territory allotted to his post, but the Governor-General may authorize, in respect of any particular post, such fixed rate of travelling allowance as he thinks fit.

Equipment allowance.

14. On his first appointment to a post outside Australia, an Assistant Trade Commissioner may be paid such amount, not exceeding Fifty pounds, as the Secretary approves, in respect of the purchase of outfit or equipment.

Entertainment allowance.

15. —(1.) The Governor-General may authorize in respect of any particular post, payment of such entertainment allowance to the Trade Commissioner or Assistant Trade Commissioner appointed to that post as he thinks fit.

(2.) A Trade Commissioner or an Assistant Trade Commissioner shall be paid any entertainment allowance applicable to the post to which he is appointed from the date on which he takes up duty at that post.

(3.) Where a Trade Commissioner or an Assistant Trade Commissioner ceases duty at a particular post, either by transfer to another post or otherwise, the entertainment allowance applicable to that post snail cease to be payable to him as from the date on which he ceased duty at that post.

(4.) A Trade Commissioner or an Assistant Trade Commissioner transferred from one post to another shall be paid the entertainment allowance applicable to the new post as from the date on which he takes up duty at that post.

(5.) Entertainment allowance shall not be payable during the absence of a Trade Commissioner or an Assistant Trade Commissioner from his territory whether on duty or on leave of absence.

Living allowances.

16.—(1.) The Governor-General may authorize, in respect of any particular post, payment of such living allowances to the Trade Commissioner or Assistant Trade Commissioner appointed to that post as he thinks fit.

(2.) A Trade Commissioner or an Assistant Trade Commissioner shall be paid any living allowances applicable to the post to which he is appointed from the date on which he takes up duty at that post.

(3.) Where a Trade Commissioner or an Assistant Trade Commissioner ceases duty at a particular post, either by reason of transfer to another post or otherwise, any living allowances applicable to that post shall cease to be pasture to him as from the date on which he ceased duty at that post.

 

(4.) A Trade Commissioner or an Assistant Trade Commissioner transferred from one post to another shall be paid any living allowances applicable to the new post as from the date on which he takes up duty at that post.

(5.) During periods of absence from his territory whether on official duty or on leave of absence (including sick leave but not, including leave without pay), a Trade Commissioner or an Assistant Trade Commissioner shall, provided that he maintains an establishment at such post during his absence, be paid such proportion of the living allowances applicable to that post as the Minister determines.

(6.) Where a Trade Commissioner or an Assistant Trade Commissioner is receiving the living allowances or a proportion of the living allowances applicable to his post during a period of absence from his territory, and it is decided that such Trade Commissioner or Assistant Trade Commissioner is not to resume duty at that post, the payment of the allowances or such proportion of living allowances shall cease as soon as it is determined that the Trade Commissioner or Assistant Trade Commissioner is not to resume duty at that post.

Allowance for acting as Trade Commissioner.

17. Where, during the absence of a Trade Commissioner from his territory or during his illness, an Assistant Trade Commissioner performs the duties of a Trade Commissioner, payment may be made to the Assistant Trade Commissioner, during the period in which he performs those duties, of such allowance as the Governor-General in any particular case authorizes.

Removal expenses.

18. — (1.) Where a Trade Commissioner or an Assistant Trade Commissioner is appointed or transferred to a post or returns to Australia on the termination of his appointment—

(i) the cost of removal of the personal effects of that officer, his wife and children, shall be paid by the Department; and

(ii) the cost of removal of necessary household furniture and effects of that officer shall, subject to the production of vouchers, be borne by the Department.

(2.) Any payment under paragraph (ii) of the last preceding sub-regulation shall be limited to Fifty pounds:

Provided that, when it is shown to the satisfaction of the Secretary that the removal cannot be effected for that sum, he may authorize payment of such additional amount as he considers reasonable.

Allowance where furniture sold.

19. Where a Trade Commissioner or an Assistant Trade Commissioner entitled to be paid the cost of removal of his household furniture and effects, sells that furniture or those effects, he shall be paid an amount equal to the loss shown to the satisfaction of the Secretary to have been incurred by him by that sale, but not exceeding the amount for which removal might have been effected under regulation 18 of these Regulations.

Furniture allowance.

20. Where, in respect of any particular post, it is considered desirable to provide residential equipment of a permanent nature for a Trade Commissioner, the Minister may authorize the purchase of such equipment as he thinks fit.

 

Grant of sick leave.

21. In the case of the illness of a Trade Commissioner or an Assistant Trade Commissioner, the Secretary may, on production of satisfactory medical evidence, grant him sick leave.

Calculation of sick leave.

22. In the case of a Trade Commissioner or an Assistant Trade Commissioner to whom, prior to his appointment, the Commonwealth Public Service Act 1922-1937 did not apply, the period of sick leave which may be granted shall be ascertained in accordance with the following table of sick leave credits, the credits to be cumulative:—

Period of Service.	Leave on full pay.	Leave on half pay.	Leave on third pay.
	Working days.	Working days.	Working days.
On date of appointment.....................................	12	8	6
On completion of six months’ service ..............	12	8	6
On completion of twelve months’ service.........	12	8	6
On completion of each additional twelve months’ service	12	8	6

Provided that, in determining an officer’s sick leave credits, there shall be deducted such sick leave with pay as may have been granted to the officer previously:

Provided further that the maximum sick leave available with pay in respect of continuous absence through illness shall be fifty-two weeks.

Sick leave without pay.

23. Where an officer to whom regulation 22 of these Regulations applies has exhausted all sick leave allowable with pay, he may be granted sick leave without pay:

Provided that any continuous period of leave with and without pay shall not exceed seventy-eight weeks.

Sick leave to officer who was an officer in the Public Service.

24. A Trade Commissioner or an Assistant Trade Commissioner to whom, prior to his appointment, the Commonwealth Public Service Act 1922-1937 applied, shall be eligible for the grant of such sick leave as he might be granted if his service were a continuation of his service as an officer of the Commonwealth Public Service.

Special leave

25. Where it is considered that exceptional treatment is justified, the Minister may grant leave of absence with pay, in addition to that authorized under the preceding regulations, for such period as, in his opinion, the circumstances warrant.

Recreation leave in Canada and New Zealand.

26. A Trade Commissioner or an Assistant Trade Commissioner stationed in Canada or New Zealand or in such other country as the Governor-General determines may be granted four weeks’ leave of absence on full pay during each year of service. The leave of a Trade Commissioner or an Assistant Trade Commissioner may be granted on the authority of the Secretary or the Trade Commissioner respectively and may not, except with the approval of the Secretary, accumulate for more than two years.

 

Annual leave in the East.

27. Local recreation leave of absence of three weeks in any one calendar year may be granted to a Trade Commissioner or an Assistant Trade Commissioner stationed in the East on the authority of the Secretary or the Trade Commissioner respectively, but such leave shall not be permitted to accumulate.

Special leave in the East.

28. Special leave to a Trade Commissioner or an Assistant Trade Commissioner stationed in the East may be granted by the Minister under the following conditions:—

(i) Special leave shall accrue at the rate of three weeks for each year of service from the date of commencing duty at his post.

(ii) Such special leave shall not, except in special circumstances, be granted at intervals of less than three years commencing from the date on which the officer first took up duty at his post.

(iii) Time occupied by an officer in travelling by direct route from his post to Australia and on the return journey from Australia to his post shall not be counted as leave.

(iv) The Minister may require an officer who is spending his special leave in Australia to make his services available for official duty whilst in Australia, and the period of such official duty shall be excluded when calculating the officer’s leave.

(v) Where an officer proceeds to Australia on authorized special leave, the fares of the officer to and from Australia, and, if accompanied by his wife and children, their fares also shall, subject to regulation 30 of these Regulations, he paid by the Department.

(vi) The Minister may require an officer summoned to Australia on official duty to take his accrued special leave at the time of such official visit.

Family visits to Australia from the East.

29. Where it becomes necessary for a Trade Commissioner or an Assistant Trade Commissioner in the East to send his wife or children or both wife and children to Australia, the Minister may, subject to regulation 30 of these Regulations, authorize the payment of the fare or fares to Australia. The Minister may authorize such payment at any time after the arrival at his post of the officer concerned.

Limitation on payment of fares of wives and children.

30. Payment of the fares of the wife or children of a Trade Commissioner or Assistant Trade Commissioner, whether under sub-regulation (2.) of regulation 12, paragraph (v) of regulation 28, or regulation 29 of these Regulations, shall not be made more than once in three years.

Visits to Australia of Commissioners from other than Eastern posts.

31. The Minister may require or authorize a Trade Commissioner or an Assistant Trade Commissioner stationed at a post other than in the East, to visit Australia under such conditions as he determines.

 

Motor car allowance.

32. Where local conditions necessitate the use by a Trade Commissioner or an Assistant Trade Commissioner of his own motor car for official purposes, the Minister may approve of an allowance at such rate as is in accord with the customary local practice.

Club membership.

33. Where a Trade Commissioner or an Assistant Trade Commissioner becomes a member of a Chamber of Commerce or other equivalent commercial body or of a social club, the initial fees and annual subscriptions payable by that officer in respect of that membership shall be paid by the Department:

Provided that the membership shall, wherever practicable, be by official designation and not by name and that payment shall not be made in respect of more than one commercial body and one social club.

Establishment for local officers.

34. The Minister may authorize for each Trade Commissioner post an establishment of local officers, and a Trade Commissioner or an Assistant Trade Commissioner may make appointments to the positions created in the establishment for his particular post at the rates of payment fixed by the Minister for such establishment. Appointments outside the scale of the authorized establishment may be made only on the approval of the Minister.

Appointments and termination of appointments of local officers.

35. Appointments of local employees by Trade Commissioners or Assistant Trade Commissioners shall not be made for any specified term, but shall be subject to summary termination or termination at such notice as is in accordance with the local practice. In terminating an appointment a Trade Commissioner or an Assistant Trade Commissioner may, where he considers it desirable, pay salary in lieu of notice but such payment shall, unless otherwise authorized by the Minister, not exceed one month’s salary.

Recreation leave for local officers.

36. A Trade Commissioner or an Assistant Trade Commissioner may, in his discretion, grant to local officers recreation leave on full pay not exceeding three weeks per annum.

Special leave without pay for local officers.

37. A Trade Commissioner or an Assistant Trade Commissioner may grant to a local officer special leave, without pay, for any period not exceeding twelve months, but the period during which an officer is absent on such leave shall not, unless otherwise directed by the Minister, be included for any purpose as part of the officer’s period of service.

Sick leave for local officers.

38. In the case of illness of a local officer, a Trade Commissioner or an Assistant Trade Commissioner may, in his discretion, grant him sick leave with full pay subject to the following conditions:—

(i) Sick leave credit shall accrue at the rate of one and a half days for each month of service and such credit shall accumulate from month to month and from year to year of continuous service.

(ii) In determining a local officer’s sick leave credit, there shall be deducted such sick leave with pay as may have been granted to the officer previously.

 

(iii) The maximum sick leave allowable with pay in respect of continuous absence through illness shall be thirty-six weeks.

(iv) Where an officer has exhausted all leave allowable with pay, he may be granted leave without pay.

Travelling expenses for local officer.

39. A Trade Commissioner is authorized to reimburse to local officers the cost of conveyance and actual out of pocket expenses incurred by such officers when travelling on official business:

Provided that the Minister may, where deemed expedient, authorize specific rates of travelling allowance for local officers.

Conditions of employment of local officers.

40. Local officers, appointed by a Trade Commissioner or an Assistant Trade Commissioner, stationed in Canada, New Zealand or the East shall, except in respect of such conditions as are elsewhere prescribed in these Regulations, be subject to such conditions as the Minister determines.

Payments to officers.

41. Payments of money to officers appointed under the Act, other than for salary or prescribed allowances and expenses, shall be made only under the authority of the Minister.

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.