TRADE REPRESENTATIVES ACT 1933
- Reprinted as at 31 October 1987 (#DATE 31:10:1987)
*1* The Trade Representatives Act 1933 as shown in this reprint comprises Act
No. 74, 1933 amended as indicated in the Tables below.
Table of Acts
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--
Application,
saving
Number Date Date of or
transitional Act and year of Assent commencement
provisions
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-- Trade Commissioners Act
1933 74, 1933 15 Dec 1933
15 Dec 1933
Trade Commissioners Act
1936 64, 1936 1 Dec 1936 1 Dec 1936 -
Statute Law Revision Act
1973 216, 1973 19 Dec 1973
31 Dec 1973 Ss. 9 (1)
and
10
Public Service Amendment
Act 1978 170, 1978 28 Nov 1978
Ss. 1, 2, 5, 7-11,
14, 15, 18, 25 and
38: Royal Assent
Remainder: 15 Mar
1981 (see Gazette
1981, No. S43,
p.1) S. 45 (2)
Statute Law
(Miscellaneous
Provisions) Act (No. 1)
1985 65, 1985 5 June 1985
S. 3: 1 Oct 1985
(see Gazette 1985,
No.
S383, p.1): (a) -
Australian Trade
Commission (Transitional
Provisions and
Consequential Amendments)
Act 1985 187, 1985 16 Dec 1985
Part VII (ss.
45-59): (b) Ss. 58 and
59
as
amended
by
Statute Law
(Miscellaneous
Provisions) Act (No. 1)
1986 76, 1986 24 June
1986 S. 3: (c) S. 9
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(a) The Trade Representatives Act 1933 was amended by section 3 only of the
Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, sub-section 2 (48)
of
which provides as follows:
"(48) The amendments of the Trade Commissioners Act 1933 made by this Act
shall come into operation on a day to be fixed by Proclamation."
(b) The Trade Representatives Act 1933 was amended by Part VII (sections
45-59) only of the Australian Trade Commission (Transitional Provisions and
Consequential Amendments) Act 1985, sub-section 2 (1) of which provides as
follows:
"(1) Subject to sub-sections (2) and (3), this Act shall come into
operation on the commencing day."
Section 3 of the Australian Trade Commission Act 1985 defines "commencing
day" as the day fixed by Proclamation for the purposes of sub-section 2 (2)
of that Act. The date fixed was
6 January 1986 (see Gazette 1985, No. S551, p.1).
(c) The Australian Trade Commission (Transitional Provisions and
Consequential Amendments) Act 1985 was amended by section 3 only of the
Statute Law (Miscellaneous Provisions) Act (No. 1) 1986, sub-section 2 (3) of
which provides as follows:
"(3) The amendments of sections 56 and 57 of the Australian Trade
Commission (Transitional Provisions and Consequential Amendments) Act 1985
made by this Act shall come into operation, or shall be deemed to have come
into operation, as the case may be, immediately after those sections come or
came into operation."
The date fixed was 6 January 1986.
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and
substituted
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--
Provision affected How affected
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-- Title .............. am. No. 187, 1985
S. 1 ............... am. No. 187, 1985
S. 2 ............... am. Nos. 65 and 187, 1985
Ss. 3, 4 ........... am. No. 64, 1936; Nos. 65 and 187, 1985
S. 4A .............. ad. No. 65, 1985
am. No. 187, 1985
S. 5 ............... am. No. 216, 1973; Nos. 65 and 187, 1985
S. 6 ............... am. No. 64, 1936; No. 216, 1973; No. 170, 1978
rs. No. 65, 1985
am. No. 187, 1985
S. 7 ............... rep. No. 65, 1985
Ss. 8, 9 ........... am. Nos. 65 and 187, 1985
S. 10 .............. am. No. 65, 1985; No. 187, 1985 (as am. by No. 76,
1986)
S. 11 .............. rs. No. 65, 1985
am. No. 187, 1985 (as am. by No. 76, 1986)
Ss. 11A-11C ........ ad. No. 65, 1985
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TRADE REPRESENTATIVES ACT 1933 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
1. Short title
2. Interpretation
3. Appointment of Trade Representatives
4. Trade Representatives who were not previously officers of Public
Service
4A. Resignation
5. Removal of Trade Representatives
6. Duties of Trade Representatives
8. Designation of Trade Representatives
9. Trade Representatives not to engage in business
10. Trade Representative may appoint officers
11. Determination of conditions of service
11A. Tabling, disallowance, &c., of determinations
11B. Evidence
11C. Delegation
12. Regulations
TRADE REPRESENTATIVES ACT 1933 - LONG TITLE
SECT
An Act to provide for the appointment of Trade Representatives for the
Commonwealth and for other purposes
TRADE REPRESENTATIVES ACT 1933 - SECT 1
Short title
SECT
1. This Act may be cited as the Trade Representatives Act 1933.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
TRADE REPRESENTATIVES ACT 1933 - SECT 2
Interpretation
SECT
2. In this Act, unless the contrary intention appears-
"appoint" includes re-appoint;
"determination" means a determination under section 11;
"Trade Representative" means a Trade Representative appointed pursuant to
this Act;
TRADE REPRESENTATIVES ACT 1933 - SECT 3
Appointment of Trade Representatives
SECT
3. (1) The Governor-General may appoint one or more Trade Representatives of
the Commonwealth.
(2) Subject to this Act, a Trade Representative holds office for such period
as is specified in the instrument of his or her appointment, but is eligible
for re-appointment.
TRADE REPRESENTATIVES ACT 1933 - SECT 4
Trade Representatives who were not previously officers of Public Service
SECT
4. (1) A Trade Representative who was not, immediately prior to his or her
appointment as a Trade Representative, an officer of the Australian Public
Service shall not be subject to the provisions of the Public Service Act 1922.
TRADE REPRESENTATIVES ACT 1933 - SECT 4A
Resignation
SECT
4A. A Trade Representative may resign from office by instrument in writing
and delivered to the Governor-General.
TRADE REPRESENTATIVES ACT 1933 - SECT 5
Removal of Trade Representatives
SECT
5. (1) A Trade Representative to whom section 4 applies shall not be removed
from office except by the Governor-General on the grounds of proved
misbehaviour or physical or mental incapacity.
(2) A Trade Representative shall be deemed to have vacated his or her office
if he or she becomes bankrupt, applies to take the benefit of any law for the
relief of bankrupt or insolvent debtors, compounds with his or her creditors
or makes an assignment of his or her remuneration for their benefit.
TRADE REPRESENTATIVES ACT 1933 - SECT 6
Duties of Trade Representatives
SECT
6. A Trade Representative shall carry out such instructions relating to the
commercial, trading and general interests of Australia as the Trade
Representative receives from time to time from the Minister.
TRADE REPRESENTATIVES ACT 1933 - SECT 8
Designation of Trade Representatives
SECT
8. A Trade Representative, in respect of whom a direction in writing is
given under this section, shall have, in relation to the performance of his or
her functions under this Act, such designation as the Minister specifies in
the direction.
TRADE REPRESENTATIVES ACT 1933 - SECT 9
Trade Representatives not to engage in business
SECT
9. Except with the express permission in writing of the Minister, a Trade
Representative shall not, while holding 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 REPRESENTATIVES ACT 1933 - SECT 10
Trade Representative may appoint officers
SECT
10. (1) A Trade Representative may, subject to the regulations and subject
to such directions as are given, in writing, by the Minister, appoint such
officers as the Trade Representative thinks necessary for the purposes of this
Act.
(2) Officers appointed by a Trade Representative in pursuance of this
section shall not be subject to the provisions of the Commonwealth Public
Service Act 1922-1932 or of the Public Service Act 1922.
TRADE REPRESENTATIVES ACT 1933 - SECT 11
Determination of conditions of service
SECT
11. (1) The Minister may make determinations in writing, not inconsistent
with this Act, providing for and in relation to the terms and conditions of
appointment of relevant persons.
(2) Without limiting the generality of sub-section (1), a determination may
make provision for and in relation to-
(a) the remuneration of relevant persons;
(b) the payment of allowances and other pecuniary benefits, not being
allowances or benefits by way of remuneration, to and in respect of relevant
persons;
(c) the payment of allowances and other pecuniary benefits to and in
respect of members of the families of relevant persons;
(d) leave of absence and long service leave of relevant persons; and
(e) the provision of other benefits to and in respect of relevant persons
and to and in respect of members of the families of relevant persons.
(3) Determinations may be made either generally or with respect to a
particular case or a particular class of cases.
(4) A determination may make provision for or in relation to a matter by
applying, adopting or incorporating, with or without modification-
(a) a provision of any Act or any regulation made under an Act, or of any
determination made under this section or section 82D of the Public Service Act
1922, as in force at a particular time or as in force from time to time; or
(b) any matter contained in any other instrument or writing as in force or
existing at the time when the determination takes effect.
(5) A determination takes effect-
(a) on the day on which it is made; or
(b) in a case where another day (which may be a day earlier than the day on
which it is made) is specified for the purpose in the determination-on the day
so specified.
(6) A determination shall not be expressed to take effect on a day earlier
than the day on which it is made in any case where, if the determination so
took effect-
(a) the rights of a person (other than the Commonwealth) existing
immediately before the last-mentioned day would be affected in a manner
prejudicial to the person; or
(b) liabilities would be imposed on a person (other than the Commonwealth)
in respect of anything done or omitted to be done before that last-mentioned
day, and where, in a determination, any provision is made in contravention of
this sub-section, the provision is void and of no effect.
(7) The determinations made in each calendar year (including determinations
amending or revoking other determinations) shall be numbered in regular
arithmetic series, beginning with the number 1, as nearly as possible in the
order in which they are made.
(8) A determination may, without prejudice to any other manner of citation,
be cited by reference to its number and the calendar year in which it was
made.
(9) The Minister shall cause to be published in the Gazette, in respect of
each determination, notice of-
(a) the fact that the determination has been made; and
(b) the place or places where copies of the determination can be obtained.
(10) A reference in this section to a member of the family of a relevant
person includes a reference to a member of the household, and a dependant of,
a relevant person.
(11) In this section, "relevant person" means-
(a) a Trade Representative; or
(b) an officer appointed under section 10.
TRADE REPRESENTATIVES ACT 1933 - SECT 11A
Tabling, disallowance, &c., of determinations
SECT
11A. (1) Subject to sub-section (2), sections 48 (other than paragraphs (1)
(a) and (b) and sub-section (2)), 49 and 50 of the Acts Interpretation Act
1901 apply in relation to determinations as if, in those sections, references
to regulations were references to determinations and references to a
regulation were references to a provision of a determination.
(2) Determinations are not statutory rules within the meaning of the
Statutory Rules Publication Act 1903.
TRADE REPRESENTATIVES ACT 1933 - SECT 11B
Evidence
SECT
11B. For the purposes of section 5 of the Evidence Act 1905, a determination
shall be deemed to be an order made by a Minister.
TRADE REPRESENTATIVES ACT 1933 - SECT 11C
Delegation
SECT
11C. (1) The Governor-General may, by writing signed by the
Governor-General, delegate to the Minister or an officer of the Australian
Public Service performing duties in the Department all or any of the
Governor-General's powers under this Act, other than this power of delegation.
(2) The Minister may, by writing signed by the Minister, delegate to an
officer of the Australian Public Service performing duties in the Department
all or any of the Minister's powers under this Act, other than this power of
delegation.
(3) A delegation under this section may be made generally or as otherwise
provided by the instrument of delegation.
(4) A power delegated under this section shall, when exercised by the
delegate, be deemed, for the purposes of this Act, to have been exercised by
the person who made the delegation.
(5) A delegation under this section does not prevent the exercise of a power
by the person who made the delegation.
(6) A delegation under this section continues in force notwithstanding a
change in the occupancy of, or a vacancy in, the office of the person who made
the delegation, but, for the purposes of the application of sub-section 33 (3)
of the Acts Interpretation Act 1901 to a delegation under this section,
nothing in this Act shall be taken to preclude the revocation or variation of
the delegation by the same or a subsequent holder of the office.
TRADE REPRESENTATIVES 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.