Coal and Oil Shale Mine Workers
(Superannuation) Amendment
Bill 2006

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Coal and Oil Shale Mine Workers
(Superannuation) Act 1941 to repeal the prohibition of employment of a mine worker
beyond the age of 60 and to provide for the minimum contribution to be made by an
owner in respect of a mine worker to be 9% of a mine worker’s ordinary time
earnings.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the proposed Act to commence, or be taken to have
commenced, on 1 July 2006.

Clause 3 is a formal provision that gives effect to the amendments to the Coal and
Oil Shale Mine Workers (Superannuation) Act 1941 (the Principal Act) set out in
Schedule 1.

Clause 4 provides for the repeal of the proposed Act after all the amendments made
by the proposed Act have commenced. Once the amendments have commenced the
proposed Act will be spent and section 30 of the Interpretation Act 1987 provides
that the repeal of an amending Act does not affect the amendments made by that Act.

Schedule 1 Amendments
Schedule 1 [4] omits Part 2 of the Principal Act to repeal the prohibition of
employment of a mine worker beyond the age of 60.

Schedule 1 [1]–[3] and [5]–[7] make consequential amendments.

Schedule 1 [8] amends section 19 of the Principal Act to provide that if the total
contributions otherwise payable by an owner for a mine worker under that section are
less than 9% of a mine worker’s ordinary time earnings then the contribution payable
by the owner for the mine worker is 9% of the mine worker’s ordinary time earnings.

Certain amounts required to be paid by an owner for crediting to Part 3 of the Fund
are excluded from this provision.

Schedule 1 [11] amends section 19 of the Principal Act to define ordinary time
earnings as having the same meaning it has in section 6 (1) of the Superannuation
Guarantee (Administration) Act 1992 of the Commonwealth.

Schedule 1 [10] amends section 19 of the Principal Act to provide for
superannuation contributions under the Principal Act to be paid not later than 21 days
after the end of each month, instead of after the end of the relevant pay period, as
currently provided. Schedule 1 [9] makes a consequential amendment.

Schedule 1 [12] amends section 19AC of the Principal Act to provide for
information to be provided to the Corporate Trustee by an owner no later than 21
days after the end of each month, instead of at the end of each week, as currently
provided.

Schedule 1 [13] inserts a power to make consequential savings and transitional
regulations.

Schedule 1 [14] inserts savings and transitional provisions.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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