TRADE COMMISSIONERS ACT 1933
- Reprinted as at 19 December 1973 (HISTACT2 CHAP 492 #DATE 19:12:1973)
TRADE COMMISSIONERS ACT 1933 - TABLE OF PROVISIONS
TABLE
TRADE COMMISSIONERS ACT 1933
TABLE OF PROVISIONS
Section
1. Short title
2. Definitions
3. Appointment of Trade Commissioners and Assistant Trade
Commissioners
4. Trade Commissioners or Assistant Trade Commissioners who were not
previously officers of Public Service
5. Removal of Trade Commissioners and Assistant Trade Commissioners
6. Officers of Public Service appointed Trade Commissioners or
Assistant Trade Commissioners
7. Duties of Trade Commissioners and Assistant Trade Commissioners
8. Designation of Trade Commissioners and Assistant Trade
Commissioners
9. Trade Commissioners and Assistant Trade Commissioners not to
engage
in business
10. Trade Commissioners and Assistant Trade Commissioners may appoint
officers
11. Payment of salaries, &c., out of moneys appropriated
12. Regulations
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TRADE COMMISSIONERS ACT 1933 - SECT. 1.
Short title.
SECT
Commonwealth and for other purposes.
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Trade Commissioners Act 1933.*
TRADE COMMISSIONERS ACT 1933 - SECT. 2.
Definitions.
SECT
2. In this Act, unless the contrary intention appears-
''Assistant Trade Commissioner'' means an Assistant Trade Commissioner
appointed pursuant to this Act;
''the Public Service Board'' means the Board of Commissioners appointed in
pursuance of the Commonwealth Public Service Act 1922,* or in pursuance of
that Act as subsequently amended;
''Trade Commissioner'' means a Trade Commissioner appointed pursuant to this
Act.
TRADE COMMISSIONERS ACT 1933 - SECT. 3.
Appointment of Trade Commissioners and Assistant Trade Commissioners.
SECT
Amended by No. 64, 1936, s. 2.
3. The Governor-General may appoint one or more Trade Commissioners and
Assistant Trade Commissioners of the Commonwealth, who shall, subject to this
Act, hold office for such periods and upon such conditions as are prescribed
or as the Governor-General in any particular case determines.
TRADE COMMISSIONERS ACT 1933 - SECT. 4.
Trade Commissioners or Assistant Trade Commissioners who were not previously
officers of Public Service.
SECT
4. (1) A Trade Commissioner or an Assistant Trade Commissioner who was not,
immediately prior to his appointment as Trade Commissioner or Assistant Trade
Commissioner, as the case may be, an officer of the Public Service of the
Commonwealth shall not be subject to the provisions of the Commonwealth Public
Service Act 1922-1932.*
Amended by No. 64, 1936, s. 3.
(2) A person to whom this section applies shall be paid such salary,
allowances and expenses as are prescribed or as the Governor-General in any
particular case determines.
TRADE COMMISSIONERS ACT 1933 - SECT. 5.
Removal of Trade Commissioners and Assistant Trade Commissioners.
SECT
5. (1) A Trade Commissioner or an Assistant Trade Commissioner to whom the
last preceding section applies shall not be removed from office except by the
Governor-General on the grounds of proved misbehaviour or incapacity.
Amended by No. 216, 1973, s. 3.
(2) A Trade Commissioner or Assistant Trade Commissioner shall be deemed to
have vacated his office if he becomes bankrupt, or compounds with his
creditors or makes an assignment of his salary for their benefit.
TRADE COMMISSIONERS ACT 1933 - SECT. 6.
Officers of Public Service appointed Trade Commissioners or Assistant Trade
Commissioners.
SECT
Sub-section (1) amended by No. 64, 1936, s. 4.
6. (1) An officer of the Public Service of the Commonwealth who is appointed
a Trade Commissioner or an Assistant Trade Commissioner-
(a) shall hold office during the period for which he is appointed a Trade
Commissioner or an Assistant Trade Commissioner, and during that period, shall
be subject to the provisions of the Commonwealth Public Service Act
1922-1932;*
(b) shall retain all his existing and accruing rights;
(c) shall not by reason of his appointment under this Act, be required to
resign from the Public Service of the Commonwealth, but may be granted leave
of absence for the period of his appointment under this Act, and the period of
leave so granted shall, for all purposes, be included as part of the officer's
period of service; and
(d) shall, unless he has been dismissed for misconduct or has attained the
maximum age for retirement fixed by the Commonwealth Public Service Act
1922-1934,* be entitled, upon the termination of his appointment under this
Act, to re-appointment to a position in the Public Service of the Commonwealth
with such advancement in status and salary, beyond those held and received by
him in that Service immediately prior to this appointment under this Act, as
the Public Service Board in the circumstances thinks just.
Inserted by No. 64, 1936, s. 4; amended by No. 216, 1973, s. 3.
(1A) For the purpose of determining the existing and accruing rights of an
officer under paragraph (b) of the last preceding sub-section, the officer's
service as a Trade Commissioner or an Assistant Trade Commissioner shall be
taken into account as if it were service in the Public Service of the
Commonwealth.
(2) In determining the status and salary to which an officer shall be
advanced, the Public Service Board shall take into consideration the period of
the officer's appointment under this Act.
Amended by No. 64, 1936, s. 4.
(3) An officer to whom this section applies shall, during the period during
which he holds office as Trade Commissioner or as Assistant Trade
Commissioner, be paid salary at the same rate as he was being paid immediately
prior to his appointment as Trade Commissioner or as Assistant Trade
Commissioner together with such additional remuneration and allowances as are
prescribed or as the Governor-General in any particular case determines.
TRADE COMMISSIONERS ACT 1933 - SECT. 7.
Duties of Trade Commissioners and Assistant Trade Commissioners.
SECT
7. Every Trade Commissioner or Assistant Trade Commissioner shall-
(a) act as Trade Commissioner or Assistant Trade Commissioner of the
Commonwealth in such place as the Governor-General determines and shall have
and may exercise such powers and perform such duties as the Governor-General
confers or imposes upon him; and
(b) carry out such instructions as he receives from the Minister relating
to the commercial, trading, financial and general interests of the
Commonwealth, whether in such place or elsewhere.
TRADE COMMISSIONERS ACT 1933 - SECT. 8.
Designation of Trade Commissioners and Assistant Trade Commissioners.
SECT
8. A Trade Commissioner or an Assistant Trade Commissioner, in respect of
whom a direction is given under this section, shall have, in relation to the
performance of his functions under this Act, such designation as the Minister
directs.
TRADE COMMISSIONERS ACT 1933 - SECT. 9.
Trade Commissioners and Assistant Trade Commissioners not to engage in
business.
SECT
9. A Trade Commissioner or an Assistant Trade Commissioner shall not during
his tenure of office, whether within or without the Commonwealth, and whether
for reward or otherwise, be or act as a director or agent of or hold any
office in any company or syndicate whether incorporated or unincorporated or
hold any other employment, or engage in any business.
TRADE COMMISSIONERS ACT 1933 - SECT. 10.
Trade Commissioners and Assistant Trade Commissioners may appoint officers.
SECT
10. (1) A Trade Commissioner or an Assistant Trade Commissioner may, subject
to the regulations and subject to such directions as are given from time to
time by the Minister, appoint such officers as he thinks necessary for the
purposes of this Act.
(2) Officers appointed by a Trade Commissioner or Assistant Trade
Commissioner in pursuance of this section shall not be subject to the
provisions of the Commonwealth Public Service Act 1922-1932* or of the
Superannuation Act 1922-1930, but shall be engaged for such periods and shall
be subject to such conditions, as are prescribed, or as, in prescribed cases,
the Minister determines.
TRADE COMMISSIONERS ACT 1933 - SECT. 11.
Payments of salaries, &c., out of moneys appropriated.
SECT
11. The Minister shall, out of moneys from time to time appropriated by the
Parliament for the purpose, pay all such moneys as are necessary for payment
of the salaries, remuneration, allowances and expenses of Trade Commissioners
and Assistant Trade Commissioners, and of officers appointed under section ten
of this Act.
TRADE COMMISSIONERS ACT 1933 - SECT. 12.
Regulations.
SECT
12. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters which by this Act are required or permitted to be
prescribed, or which are necessary or convenient to be prescribed, for giving
effect to this Act.
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TRADE COMMISSIONERS ACT 1933 - NOTES
NOTES
1. The Trade Commissioners Act 1933 comprises the Trade Commissioners
Act 1933 as amended by the other Acts specified in the following table:
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Number Date of
Act and year Date of
Assent commencement
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Trade Commissioners Act
1933 No. 74, 1933 15 Dec 1933 15 Dec 1933
Trade Commissioners Act
1936 No. 64, 1936 1 Dec 1936 1 Dec 1936
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
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2.-Ss. 2, 4, 6 and 10-Now cited as the Public Service Act 1922-1973.