Commonwealth Numbered Acts

COAL MINING INDUSTRY (LONG SERVICE LEAVE FUNDING) ACT 1992 No. 60 of 1992 - SECT 4

4.(1) In this Act, unless the contrary intention appears:

"approved bank" means a bank as defined in subsection 5(1) of the Banking Act
1959 or another bank declared by the Treasurer or a person authorised by the
Treasurer to give approvals for the purposes of this definition to be an
approved bank in relation to the Corporation;

"Board" means the Board of Directors of the Corporation;

"Chairperson" means Chairperson of the Board;

"Corporation" means the corporation established by section 6;

"Deputy Chairperson" means Deputy Chairperson of the Board;

"Director" means a member of the Board;

"eligible employee" means:

   (a)  a person employed in the black coal mining industry under a relevant
        industrial instrument the duties of whose employment are carried out
        at or about a place where black coal is mined; or

   (b)  a person employed by a company that mines black coal the duties of
        whose employment (wherever they are carried out) are directly
        connected with the day to day operation of a black coal mine; or

   (c)  a person permanently employed on a full-time basis in connection with
        a mines rescue service for the purposes of the black coal mining
        industry the duties of whose employment require him or her to be
        located at a mines rescue station; or

   (d)  any prescribed person who is, or is any person who is included in a
        prescribed class of persons who are, employed in the black coal mining
        industry; but does not include:

   (e)  a person the duties of whose employment are performed in South
        Australia; or

   (f)  a person who is, or a person who is included in a class of person who
        are, declared by the regulations not to be an eligible employee or
        eligible employees for the purposes of this Act;

"employee-representative Director" means a Director referred to in subsection
13(4), (5) or (6);

"employer-representative Director" means a Director referred to in subsection
13(2) or (3);

"Fund" means the Coal Mining Industry (Long Service Leave) Fund maintained by
the Corporation under section 40;

"industrial authority" means the Coal Industry Tribunal, the Australian
Industrial Relations Commission, the New South Wales Industrial Commission,
the New South Wales Industrial Relations Commission, the Industrial Relations
Commission of Queensland, the Western Australian Coal Industry Tribunal, the
Western Australian Industrial Relations Commission or the Tasmanian Industrial
Commission or any predecessor of, or successor to, any of those Tribunals or
Commissions;

"payroll levy" means the levy imposed by the Payroll Levy Act and includes any
amount of additional levy paid under section 7 of the Payroll Levy Collection
Act;

"Payroll Levy Act" means the Coal Mining Industry (Long Service Leave) 
Payroll Levy Act 1992 ;

"Payroll Levy Collection Act" means the Coal Mining Industry (Long Service 
Leave) Payroll Levy Collection Act 1992 ;

"previous Fund" means the Coal Mining Industry Long Service Leave Fund
established under the States Grants (Coal Mining Industry Long Service Leave)
Act 1949;

"relevant industrial instrument" means an award or determination made, order
given, or agreement approved by or registered with, an industrial authority
that confers on employees in the black coal mining industry to whom the award,
determination, order or agreement applies an entitlement to long service leave
in circumstances set out in the award, determination, order or agreement,
being an entitlement that continues to exist and accrue so long as the
employees continue to be employed by any employer in that industry.

(2) A regulation is not to be made prescribing a person or class of persons
for the purposes of paragraph (d) of the definition of "eligible employee" in
subsection (1) unless the prescribing of that person or class of persons for
those purposes has been recommended to the Minister by the Board.