New South Wales Consolidated Acts

COAL AND OIL SHALE MINE WORKERS (SUPERANNUATION) ACT 1941 - SECT 2J

2J Further extension of the definition of mine worker

(1) Where any work is performed or to be performed in or about or in connection with a coal or oil shale mine in New South Wales, whether in pursuance of a contract or otherwise, the Corporate Trustee may, from time to time, by determination in writing (which determination is, in this section, referred to as "the determination"), declare that that work or so much of that work as is specified or described in the determination shall be mine work for the purposes of this section.

Note: For determinations under this subsection see the Historical notes at the end of this Act.

(2) The specification or description of any work in the determination may be made by reference to such matters as the Corporate Trustee thinks fit.

(3) Without affecting the generality of subsection (2), work may be specified or described in the determination by reference to the work performed or to be performed by a person or class of persons specified or described therein.

(4) A determination shall take effect from the day specified therein as the date of commencement of the determination.

(5) The Corporate Trustee shall not, in the determination, specify a day under subsection (4) that is earlier than three months before the date of the determination unless the Corporate Trustee is satisfied that in all the circumstances of the case it is just and reasonable to do so.

(6) Subject to this section, the Corporate Trustee may, in the determination, specify a day under subsection (4) that is before or after the commencement of section 2 of the Coal and Oil Shale Mine Workers (Superannuation) Amendment Act 1971 .

(7) As from the date of commencement of the determination, this section applies to a person who is engaged in mine work, whether or not the person is or would, but for subsection (8), be a mine worker by virtue of any other provision of this Act, but does not apply to a person who is ordinarily so engaged for less than 10 hours per week.

(8) During any period that a person is a mine worker by virtue of this section and the operation of the determination the person shall be deemed, notwithstanding anything elsewhere contained in this Act, not to be a mine worker during that period by virtue of any other provision of this Act.

(9) Without affecting the generality of any other provision of this section, the Corporate Trustee may, in the determination, declare that a person specified or described therein, or a person of a class of persons specified or described therein, is not a mine worker by virtue of this section and the operation of the determination, and the declaration shall have effect according to its tenor.

(11) As from the date of commencement of the determination the provisions of this Act shall, subject to this section, apply to and in respect of persons who are mine workers by virtue of this section and the operation of the determination:
Provided that the provisions of this Act in their application to and in respect of any such person shall be deemed to have been modified to the following extent, that is to say-references, express or implied, in this Act, to the commencement of Part 2, shall be construed as references:

(a) where the date of the determination is later than the date of commencement of the determination-to the date of the determination, or

(b) in any other case-to the date of commencement of the determination.

(12) For the purposes of this Act, all mine work shall be deemed to be work in or about a coal or oil shale mine.

(15) In this section:
"date of commencement of the determination" means the day specified in the determination as the date of commencement thereof.
"date of the determination" means the date on which the determination is made.
"mine work" means any work declared to be mine work under subsection (1).