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NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The Joint Coal Board was constituted by the Coal Industry Act 1946 as a result of an
agreement between the Governments of the Commonwealth and of New South Wales to
provide means for securing and maintaining adequate supplies of coal throughout New
South Wales and for the regulation and improvement of the coal industry in New South
Wales.
The object of this Bill is to amend the Act to give effect to a further agreement
between the Commonwealth and New South Wales to restructure the Board, to remove
certain of its regulatory functions and to alter its financial arrangements.
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides for the proposed Act to commence on a day or days to be
proclaimed, with the exception of certain amendments concerning the Coal Industry
Tribunal which will be taken to have commenced on 31 March 1992, which is the date
of commencement of the Industrial Relations Act 1991.
Clause 3 gives effect to the Schedules amending the Coal Industry Act 1946.
SCHEDULE 1--AMENDMENTS RELATING TO THE STRUCTURE OF
THE JOINT COAL BOARD
Schedule 1 substitutes certain provisions of Part 2 of the Act (which deals with the
structure of the Joint Coal Board). The new provisions relating to the structure of the
Board are substantially the same as the provisions to be replaced except that the Board
is to consist of the following 3 members appointed by the New South Wales Minister
and the Minister administering the Commonwealth Act:
· one independent chairperson
· one representative of coal industry employers
· one representative of coal industry employees.
The members may be full-time or part-time and hold office for 3 years and may, if
otherwise eligible, be re-appointed. Schedule 1 also inserts provisions relating to the
procedure of Board meetings.
SCHEDULE 2--AMENDMENTS RELATING TO THE FUNCTIONS OF
THE JOINT COAL BOARD
Schedule 2 (1) and (2) substitute the long title and the preamble to the Act to reflect
the amendments to be made by the proposed Act.
Schedule 2 (3) omits certain unused powers of the Governor relating to the
regulation of the coke industry.
Schedule 2 (4) substitutes Part 3 of the Act (dealing with the powers and functions
of the Joint Coal Board). The functions relating to the production and distribution of
coal are omitted Under proposed Part 3, the Board's functions are to be limited to
welfare, training and occupational health, in addition to its workers' compensation
functions. The Board will also be empowered to undertake research and to keep
statistics relating to health, safety and other of its functions. In particular the new Part
contains the following provisions:
* Proposed section 25 empowers the Board to require owners or managers of coal
mines to do things, or refrain from doing things, so as to protect the health of
workers.
* Proposed section 26 provides that the Board will maintain certain powers until
otherwise directed by the Ministers.
* Proposed section 27 empowers the Board to establish workers' compensation
insurance schemes and to require any employer in the coal industry to effect
such insurance.
* Proposed section 29 empowers the Board to make orders with respect to the
Board's powers and functions. Proposed section 30 provides for the publication
of such orders in the Gazette and the Commonwealth Gazette.
* Proposed section 31 establishes Ministerial control over the Board on matters of
policy and also as to the exercise of its duties and functions. Presently the Board
is subject to directions by the Premier and the Prime Minister on matters of
policy.
* Proposed section 32 retains the Board's power to employ staff. Proposed section
33 also empowers the Board to enter into arrangements with other bodies for the
provision of assistance and to appoint consultants.
* Proposed section 34 requires the Board to submit an annual operating plan
containing the proposed strategy of the Board for the following 12 months.
Schedule 2 (5) omits Part 4 of the Act, removing the Board's power to control
mines.
Schedule 2 (6) omits Part 5 of the Act. As a result, the Board w i l l no longer be
empowered to operate coal mines or acquire coal or equipment used in relation to its
procedure, treatment, handling or distribution.
SCHEDULE 3--AMENDMENTS RELATING T O FINANCIAL MATTERS
Schedule 3 substitutes Part 6 of the Act (which contains financial provisions).
In particular, the new Part contains the following provisions:
* Proposed section 35A sets out the Board's financial functions.
* Proposed section 35B confers power on the Board to charge fees.
* Proposed sections 35C35E specify the purposes for which the Board may use
its money.
* Proposed section 35F requires the Board to submit annual reports, the contents
of which may be determined by the Minister for Finance of the Commonwealth,
as well as the State Minister and the Commonwealth Minister.
* Proposed section 35G empowers the Board to maintain bank accounts.
* Proposed section 35H requires the Board to keep proper accounts and records in
accordance with commercial accounting principles.
* Proposed section 35I empowers the Board to borrow or otherwise raise money,
including by dealings with securities. The approval of the Ministers is required if
total borrowing exceeds $2,000,000.
* Proposed section 35J requires money not immediately required for the purposes
of the Board to be invested in government securities, deposits with a bank or
other ways consistent with sound commercial practice.
* Proposed section 35K requires the Minister to lay before Parliament the report of
the Auditor-General of the Commonwealth on the financial statements of the
Board.
* Proposed section 35L exempts the Board from liability for any State tax to
which the Commonwealth is not subject.
SCHEDULE 4--OTHER AMENDMENTS
Schedule 4 (1) omits an obsolete section dividing the Act into Parts.
Schedule 4 (2) omits an obsolete definition.
Schedule 4 (3), (4) and (7) remove certain of the Board's powers that are now not
required.
Schedule 4 (5) and (6) contain provisions relating to the constitution and procedure
of Local Coal Authorities.
Schedule 4 (8) and (9) dissolve the Mine Conciliation Committees that had industrial
relations powers relating to the management of mines (which is now no longer a Board
function).
Schedule 4 (10) removes powers to appoint reporting officers in relation to industrial
disputes.
Schedule 4 (11) substitutes Part 8 dealing with general matters, including service of
documents, powers of inspectors, powers of entry, immunity from liability for Board
members and proceedings for offences under the Act. In particular:
* Proposed section 59 creates a maximum penalty of $10,000 for failure to comply
with an order or requirement made by the Board or for obstructing an inspector.
* Proposed section 63 permits the making of regulations which may create an
offence punishable by a penalty not exceeding 5 penalty units (currently $500).
* Proposed section 64 gives effect to a schedule of savings and transitional
provisions. Schedule 1, in particular, continues the appointment of existing
members of the Board, as well as containing other savings and transitional
provisions.
SCHEDULE 5--AMENDMENTS CONSEQUENTIAL ON THE ENACTMENT
OF THE INDUSTRIAL RELATIONS ACT 1991
Schedule 5 makes certain amendments to provisions dealing with the Coal Industry
Tribunal that are consequential on the enactment of the Industrial Relations Act 1991.