Contents
- 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
- 11C Delegation
- 12 Regulations
2Interpretation#
In this Act, unless the contrary intention appears:
determination means a determination under section 11.
Trade Representative means a Trade Representative appointed pursuant to this Act.
3Appointment of Trade Representatives#
(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.
4Trade Representatives who were not previously officers of Public Service#
(1)A Trade Representative who was not, immediately prior to his or her appointment as a Trade Representative, a person appointed or engaged under the Public Service Act 1999 shall not be subject to the provisions of that Act.
4AResignation#
A Trade Representative may resign from office by instrument in writing and delivered to the Governor-General.
5Removal of Trade Representatives#
(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.
6Duties of Trade Representatives#
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.
8Designation of Trade Representatives#
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.
9Trade Representatives not to engage in business#
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.
10Trade Representative may appoint officers#
(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 Public Service Act 1999.
11Determination of conditions of service#
(1)The Minister may, by legislative instrument, make determinations, 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 subsection (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 24 of the Public Service Act 1999, 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.
(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)For the purposes of this section, the members of a person’s family are taken to include the following (without limitation):
(a)a de facto partner of the person (within the meaning of the Acts Interpretation Act 1901);
(c)anyone else who would be a member of the person’s family if someone mentioned in paragraph (a) or (b) is taken to be a member of the person’s family.
(12)In this section:
11CDelegation#
(1)The Governor-General may, by writing signed by the Governor-General, delegate to the Minister or a person appointed or engaged under the Public Service Act 1999 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 a person appointed or engaged under the Public Service Act 1999 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 subsection 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.
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.