New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 64)
(1) The regulations may make provisions of a savings or transitional nature consequent on the enactment of the following Acts:• Coal Industry Amendment Act 1995
(2) Any such savings or transitional provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such savings or transitional provision takes effect on a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
(1) Definition of instrument A reference in this clause to an instrument is a reference to:(a) an award or order made by the Coal Industry Tribunal, or(b) a decision given by a Local Coal Authority, or(c) an agreement made at a hearing before the Coal Industry Tribunal or a Local Coal Authority, or(d) an agreement made under a provision of an award made by the Coal Industry Tribunal,that had effect immediately before the commencement of this clause.
(2) Existing instruments to become awards of Commission An instrument, to the extent to which it relates to matters pertaining to the relationship between employers in the coal mining industry in the State and their employees, has effect as, and is taken to be, an award made by the Australian Commission under the provisions of the Commonwealth Industrial Relations Act (as applying under section 54B).
(3) References to Tribunal or Authority in existing instruments A reference in an instrument referred to in subclause (2) to the Coal Industry Tribunal or to a Local Coal Authority is taken (except in relation to matters that occurred before the commencement of this clause) to be a reference to the Australian Commission.
(4) Determinations and other things under existing instruments A determination made or any other thing done before the commencement of this clause by the Coal Industry Tribunal or a Local Coal Authority under an instrument referred to in subclause (2) has effect on and after that commencement as if it had been made or done by the Australian Commission.
(5) Coverage of awards Without limiting the operation of the other provisions of this clause, an instrument that is taken to be an award made by the Australian Commission under this clause is varied, with effect from the end of the day immediately preceding the commencement of this clause, so that the instrument is to be read as naming as parties or respondents to the instrument all persons or organisations that were within its coverage immediately before that commencement. The award is taken to be binding on those persons or organisations, as if they were parties referred to in section 149 (1) of the Commonwealth Industrial Relations Act (as applied by section 54B), regardless of whether or not they or any of them were or were required to be registered under that Act.
(6) Application of clause This clause applies to an instrument only to the extent to which it was made under powers conferred by State legislation.
(1) Pending matters before Tribunal or Authority become matters before Australian Commission A matter pending before the Coal Industry Tribunal or a Local Coal Authority immediately before the commencement of this clause, to the extent to which it relates to matters pertaining to the relationship between employers in the coal mining industry in the State and their employees, is taken to be a matter before the Australian Commission under the provisions of the Commonwealth Industrial Relations Act (as applying under section 54B). The Australian Commission may deal with the matter as if it had been before the Australian Commission since it arose.
(2) Extent of operation of subclause (1) Subclause (1) applies only to the extent to which:(a) the matter was notified to the Coal Industry Tribunal or the Local Coal Authority for the purpose of the performance or exercise by the Tribunal or Authority of, or(b) the Tribunal or Authority was performing or exercising,functions or powers in relation to the matter conferred by State legislation.
(3) Previous evidence, arguments, decisions and other matters For the purpose of dealing with a matter under subclause (1), the Australian Commission may have regard to:(a) any evidence given, or arguments put, in proceedings relating to the matter before the Coal Industry Tribunal or the Local Coal Authority, and(b) any decision, recommendation, determination or report made by the Tribunal or Authority in relation to the matter.