{"id":"C1933A00074","name":"Trade Representatives Act 1933","slug":"trade-representatives-act-1933","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"74 of 1933","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":649,"registerId":"C2023C00392","compilationNumber":"6","startDate":"2023-10-18","status":"InForce","reasons":[{"affect":"Amend","markdown":"sch 5 (item 24) of the [Statute Law Amendment (Prescribed Forms and Other Updates) Act 2023](/C2023A00074)","dateChanged":null,"amendedByTitle":null,"affectedByTitle":{"name":"Statute Law Amendment (Prescribed Forms and Other Updates) Act 2023","year":2023,"number":74,"titleId":"C2023A00074","provisions":"sch 5 (item 24)","seriesType":"Act","optionalSeriesNumber":null}}],"registeredAt":"2023-11-02T10:23:12.697Z"},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Trade Representatives Act 1933.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Interpretation","content":"#### 2 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> appoint includes re‑appoint.\n\n> determination means a determination under section 11.\n\n> Trade Representative means a Trade Representative appointed pursuant to this Act.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Appointment of Trade Representatives","content":"#### 3 Appointment of Trade Representatives\n\n  (1) The Governor‑General may appoint one or more Trade Representatives of the Commonwealth.\n  (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.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Trade Representatives who were not previously officers of Public Service","content":"#### 4 Trade Representatives who were not previously officers of Public Service\n\n  (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.","sortOrder":3},{"sectionNumber":"4A","sectionType":"section","heading":"Resignation","content":"#### 4A Resignation\n\n  A Trade Representative may resign from office by instrument in writing and delivered to the Governor‑General.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Removal of Trade Representatives","content":"#### 5 Removal of Trade Representatives\n\n  (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.\n  (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.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Duties of Trade Representatives","content":"#### 6 Duties of Trade Representatives\n\n  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.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Designation of Trade Representatives","content":"#### 8 Designation of Trade Representatives\n\n  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.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Trade Representatives not to engage in business","content":"#### 9 Trade Representatives not to engage in business\n\n  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.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Trade Representative may appoint officers","content":"#### 10 Trade Representative may appoint officers\n\n  (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.\n  (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.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Determination of conditions of service","content":"#### 11 Determination of conditions of service\n\n  (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.\n  (2) Without limiting the generality of subsection (1), a determination may make provision for and in relation to:\n    (a) the remuneration of relevant persons;\n    (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;\n    (c) the payment of allowances and other pecuniary benefits to and in respect of members of the families of relevant persons;\n    (d) leave of absence and long service leave of relevant persons; and\n    (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.\n  (3) Determinations may be made either generally or with respect to a particular case or a particular class of cases.\n  (4) A determination may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification:\n    (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\n    (b) any matter contained in any other instrument or writing as in force or existing at the time when the determination takes effect.\n  (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.\n  (11) For the purposes of this section, the members of a person’s family are taken to include the following (without limitation):\n    (a) a de facto partner of the person (within the meaning of the Acts Interpretation Act 1901);\n    (b) someone who is the child of the person, or of whom the person is the child, because of the definition of child in this section;\n    (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.\n  (12) In this section:\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n> relevant person means:\n\n    (a) a Trade Representative; or\n    (b) an officer appointed under section 10.","sortOrder":10},{"sectionNumber":"11C","sectionType":"section","heading":"Delegation","content":"#### 11C Delegation\n\n  (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.\n  (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.\n  (3) A delegation under this section may be made generally or as otherwise provided by the instrument of delegation.\n  (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.\n  (5) A delegation under this section does not prevent the exercise of a power by the person who made the delegation.\n  (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.","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Regulations","content":"#### 12 Regulations\n\n  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.","sortOrder":12}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its original 1933 purpose: appointing and governing Trade Representatives and their staff. Updates over the decades (such as modernising family definitions to include de facto partners and children under the Family Law Act, and adding the resignation and delegation provisions) reflect contemporary legal standards without expanding the fundamental scope of the legislation."},"complexity_factors":["The Act is short and narrowly focused, limiting overall complexity","References to multiple other Acts (Public Service Act 1999, Acts Interpretation Act 1901, Family Law Act 1975) require cross-referencing to fully understand some provisions","The conditions-of-service determination framework (section 11) allows incorporation of external instruments, adding a layer of indirection","Dual employment regimes (public service vs non-public service appointees) create parallel rules that must be tracked","The delegation chain (Governor-General to Minister to public servant) involves layered authority structures"],"plain_english_summary":"The Trade Representatives Act 1933 establishes a framework for appointing government trade representatives to promote Australia’s commercial interests overseas. It sets who may be appointed, their protections and limits (including conflict-of-interest and removal rules), conditions of service and staff arrangements, and ministerial oversight. It affects appointed representatives, their officers and families, and Australian exporters and businesses that rely on official trade promotion."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The original 1933 Act was a simple 4-page statute appointing trade commissioners with basic terms. It has grown significantly through amendments: (1) addition of modern employment conditions including superannuation-style long service leave and family benefits (section 11, expanded 1980s-2000s); (2) insertion of delegation provisions (section 11C, 2006); (3) modernised definitions of 'family' to include de facto relationships and household members (section 11(11)-(12), 2000s); (4) updated Public Service Act references (1999 and later). The core mechanism remains, but the Act now functions as a comprehensive employment framework rather than a simple appointment mechanism."},"complexity_factors":["Short statute (12 sections, approximately 1,500 words)","Only 3 defined terms in the interpretation section (section 2)","Minimal cross-referencing — primarily references to the Public Service Act 1999 and Family Law Act 1975","Straightforward conditional logic with clear exceptions (e.g., bankruptcy automatic vacation of office in section 5(2))","Section 11 contains some complexity with nested definitions of 'family' and 'relevant person' including de facto partners and household members, plus incorporation-by-reference powers allowing adoption of other laws","No exceptions to exceptions or deeply nested subsections","Standard delegation provisions (section 11C) following familiar Commonwealth patterns"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a special category of government officials called **Trade Representatives** — essentially Australia's commercial diplomats who promote Australian trade interests overseas.\n\n**Key things the law covers:**\n\n*   **Who appoints them:** The Governor-General appoints Trade Representatives (section 3).\n*   **What they do:** They follow instructions from the Minister about Australia's commercial, trading and general interests (section 6).\n*   **Special employment status:** Trade Representatives who weren't already public servants don't become public servants just because they take this job — they stay outside the normal Public Service Act rules (section 4). Their staff (officers they appoint) are also outside the Public Service Act (section 10).\n*   **Job security:** They can only be sacked by the Governor-General for \"proved misbehaviour\" or physical/mental incapacity (section 5). They automatically lose their job if they go bankrupt.\n*   **Conflict of interest rules:** They can't run businesses, be company directors, or hold other jobs without written permission from the Minister (section 9).\n*   **Pay and conditions:** The Minister sets their pay, allowances, leave, and benefits for them and their families through official \"determinations\" (section 11). This includes modern definitions of \"family\" covering de facto partners and dependents.\n*   **Delegation:** The Governor-General and Minister can delegate their powers under this Act to public servants (section 11C).\n\n**Why it matters:**\n\nThis is a **1933 law** that still governs how Australia appoints its trade commissioners and commercial representatives abroad. It's notable because it creates a **separate employment framework** outside the normal public service system, giving Trade Representatives unusual job security (similar to judges) and flexible conditions to attract people with private sector business expertise. The modern amendments (particularly to section 11 about family benefits and section 11C about delegation) show it's been updated to reflect contemporary employment practices while keeping its original structure."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the text supplied, the Act establishes a coherent statutory remit for appointing and regulating Trade Representatives (appointments, duties, conditions, prohibitions, delegations and regulations). No provisions in the supplied text indicate an expansion or narrowing of that remit beyond the framework the Act itself sets out."},"complexity_factors":["Governor‑General appointment power with statutory terms and eligibility for re‑appointment (s3)","Exception from the Public Service Act for certain Trade Representatives and officers (s4, s10(2)) creating separate employment status","Limited removal grounds for non‑public‑service appointees and vacancy triggers (s5)","Ministerial directions that define duties and designations (s6, s8)","Prohibition on outside business without ministerial written permission, imposing compliance burdens on appointees (s9)","Ministerial legislative instruments to set remuneration, allowances and family benefits with broad scope and incorporation powers (s11, s11(1)–(4))","Detailed family and dependent definitions affecting entitlement scope (s11(10)–(12))","Delegation architecture allowing Governor‑General and Minister to delegate powers to departmental public servants, including saving clauses and revocation risks (s11C)","Power for Governor‑General to make regulations for matters necessary to give effect to the Act (s12)"],"plain_english_summary":"This Act creates a framework for appointing Trade Representatives of the Commonwealth, how they are appointed, removed or may resign, and what duties they must follow. It gives the Minister power to direct their work, to set pay and other conditions by legislative instrument (including family benefits), restricts outside business without permission, and allows delegations and regulations. Affected parties are appointed Trade Representatives and any officers they appoint; remuneration and allowances are provided from the Commonwealth under the Minister’s determinations."}},"importantCases":[],"_links":{"self":"/api/acts/trade-representatives-act-1933","history":"/api/acts/trade-representatives-act-1933/history","analysis":"/api/acts/trade-representatives-act-1933/analysis","conflicts":"/api/acts/trade-representatives-act-1933/conflicts","importantCases":"/api/acts/trade-representatives-act-1933/important-cases","documents":"/api/acts/trade-representatives-act-1933/documents"}}