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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Coal Industry
Repeal Bill 2000
No. ,
2000
(Industry, Science and
Resources)
A Bill for an Act to repeal the
Coal Industry Act 1946, and for related
purposes
ISBN: 0642 439451
Contents
A Bill for an Act to repeal the Coal Industry Act
1946, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Coal Industry Repeal Act
2000.
This Act commences on a day or days to be fixed by
Proclamation.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
(1) The Joint Coal Board is dissolved in so far as it is constituted under
the Coal Industry Act 1946.
(2) It is the intention of the Parliament that a law of New South Wales
may:
(a) make provision for the transfer of the assets, rights and liabilities
of the Joint Coal Board; and
(b) make provision for the transfer of the members of staff of the Joint
Coal Board immediately before the dissolution of the Board; and
(c) make provision for any other matter that is incidental to the
dissolution of the Joint Coal Board.
Note: Section 5 places a restriction on the transfer of
Commonwealth records under such a law of New South Wales.
(3) In this section:
assets means any legal or equitable estate or interest
(whether present or future and whether vested or contingent) in real or personal
property of any description (including money), and includes securities, choses
in action and documents.
Joint Coal Board means the body corporate constituted
under:
(a) the Coal Industry Act 1946; and
(b) the Coal Industry Act 1946 of New South Wales.
liabilities means all liabilities, debts and obligations
(whether present or future and whether vested or contingent).
rights means all rights, powers, privileges and immunities
(whether present or future and whether vested or contingent).
(1) This Act does not authorise a Commonwealth record (within the meaning
of the Archives Act 1983) to be transferred or otherwise dealt
with except in accordance with the provisions of the Archives Act
1983.
(2) A Commonwealth record (within the meaning of the Archives Act
1983) must not be transferred to a person under a law of New South Wales
that makes provision for matters of a kind mentioned in subsection 4(2) of this
Act unless the National Archives of Australia has given permission under
paragraph 24(2)(b) of the Archives Act 1983.
(1) Any workers’ compensation scheme established by the Joint Coal
Board (within the meaning of section 4 of this Act) and in operation under
section 26 of the Coal Industry Act 1946 immediately before the
repeal of that Act is taken to have been established by the company nominated
under clause 3 of Schedule 8 to the Coal Industry Act 2000 of
New South Wales.
(2) This section does not limit section 4.
(1) If:
(a) apart from this section, the operation of this Act would result in the
acquisition of property from a person otherwise than on just terms;
and
(b) the acquisition would be invalid because of paragraph 51(xxxi) of the
Constitution;
the Commonwealth is liable to pay the person a reasonable amount of
compensation in respect of the acquisition.
(2) If the Commonwealth and the person do not agree on the amount of the
compensation, the person may institute proceedings in the Federal Court of
Australia for the recovery from the Commonwealth of such reasonable amount of
compensation as the court determines.
(3) In this section:
acquisition of property has the same meaning as in paragraph
51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of
the Constitution.
1 The whole of the Act
Repeal the Act.