10AOverseas trade employees

#### 10A Overseas trade employees 10A Overseas trade employees > > (1) In this clause— > > > > overseas trade employee means a person who— > > > > > (a) is employed in either of the following departments (a relevant Department) to work in the area of international trade and investment— > > > > > > > (i) the Department of Creative Industries, Tourism, Hospitality and Sport, > > > > > > > (ii) the Premier’s Department, and > > > > > (b) ordinarily resides and works in a country other than Australia while so employed. > > > (2) The employment under the Act of an overseas trade employee is subject to such arrangements as may be determined by the Secretary of the relevant Department in respect of the employee. > > > (3) Any arrangements determined by a Secretary under this clause in respect of an overseas trade employee— > > > > > (a) may be specified in the employee’s contract of employment, and > > > > > (b) prevail to the extent of any inconsistency with any other provision of this Regulation or the government sector employment rules. > > > (4) An overseas trade employee who is a Public Service non-executive employee may be employed under a written contract of employment signed by the employee and by the Secretary of the relevant Department. > > > (5) Persons may be employed as overseas trade employees without compliance with the government sector employment rules on merit-based employment. However, any decision to employ a person as an overseas trade employee must be based on the person’s appropriateness for the role concerned having regard to the nature of the role and the person’s qualifications, skills and experience. > > > (6) Any limitation under the government sector employment rules on the power of the Secretary of the relevant Department to delegate his or her functions under the Act does not apply in respect of those functions to the extent that they relate to overseas trade employees. > > **cl 10A:** Ins 2015 (810), Sch 2. Am 2023 (319), sec 3(1); 2024 (236), Sch 1\[2\]–\[4\].