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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Coal Industry Superannuation Amendment
Bill 2004
CONTENTS
1. Short title 1
2. The Act amended 2
3. Long title replaced 2
4. Section 5 repealed 2
5. Section 9 amended 2
6. Section 10 amended 3
7. Section 20 replaced 5
8. Section 21 amended 5
9. Section 22 repealed 5
10. Section 29A inserted 5
11. Section 31 amended 6
12. Section 32 amended 6
13. Schedule 1 amended 6
14. Schedule 2 amended 7
15. Schedule 3 amended 7
270--2 page i
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Coal Industry Superannuation Amendment
Bill 2004
A Bill for
An Act to amend the Coal Industry Superannuation Act 1989.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Coal Industry Superannuation
Amendment Act 2004.
page 1
Coal Industry Superannuation Amendment Bill 2004
s. 2
2. The Act amended
The amendments in this Act are to the Coal Industry
Superannuation Act 1989*.
[* Reprinted as at 8 December 2000.]
5 3. Long title replaced
The long title is repealed and the following long title is inserted
instead --
"
An Act relating to superannuation for persons involved in
10 coal mining in Western Australia and for various other
persons and for related purposes.
".
4. Section 5 repealed
Section 5 is repealed.
15 5. Section 9 amended
(1) Section 9(1) is amended by deleting "For the purposes of
providing superannuation and related benefits to and in respect
of mine workers and officers of the Board under this Act there
shall be" and inserting instead --
20 " There is ".
(2) After section 9(1) the following subsections are inserted --
"
(1a) The regulations may provide for people in any of the
following categories to be members of the Fund --
25 (a) mine workers;
(b) officers of the Board; or
page 2
Coal Industry Superannuation Amendment Bill 2004
s. 6
(c) people who are or have been the spouses or
de facto partners of people referred to in
paragraphs (a) or (b).
(1b) The Governor may, by order published in the Gazette,
5 specify other categories of people who may be
permitted by the regulations to be members of the
Fund.
(1c) The people specified under subsection (1b) must be
people --
10 (a) who are, or have been --
(i) involved in coal mining in Western
Australia; or
(ii) closely related to a person who is or has
been involved in coal mining in Western
15 Australia;
and
(b) whose membership of the Fund would not
prevent the Fund being a complying
superannuation fund within the meaning of the
20 SIS Act.
".
(3) Section 9(2)(a) is amended by deleting "by members of the
Fund and by employers in respect of such members".
6. Section 10 amended
25 (1) Section 10(1) is repealed and the following section is inserted
instead --
"
(1) The functions of the Board are --
(a) to administer, invest and manage the Fund; and
30 (b) to perform any other functions conferred on the
Board under any written law.
".
page 3
Coal Industry Superannuation Amendment Bill 2004
s. 6
(2) Section 10(3) is amended as follows:
(a) at the end of paragraph (l), by deleting the full stop and
inserting a semicolon instead;
(b) after paragraph (l) by inserting the following
5 paragraphs --
"
(m) promote and market the Fund;
(n) conduct research relating to the Fund.
".
10 (3) After section 10(4) the following subsections are inserted --
"
(5) The Board may recover any money owing to the
Fund --
(a) in any court of competent jurisdiction as a debt
15 due to the Board;
(b) by deducting the amount owing from any
amount that is, or becomes, payable from the
Fund to the debtor;
(c) if the money is owed by an employer, by
20 entering into an arrangement for the satisfaction
of the debt in such manner as the Board
considers appropriate; or
(d) if the money is owed by a member of the Fund
who is employed by an employer, by directing
25 that employer to deduct the amount owing from
the member's pay and to pay it to the Board.
(6) An employer must comply with a direction given to it
under subsection (5)(d).
(7) In carrying out its functions the Board must, as far as
30 practicable --
(a) act in the best interests of members of the Fund;
page 4
Coal Industry Superannuation Amendment Bill 2004
s. 7
(b) ensure that members of the Fund and employers
are fully informed of their rights and
obligations under the Act; and
(c) ensure equity between different categories of
5 members of the Fund.
".
7. Section 20 replaced
Section 20 is repealed and the following section is inserted
instead --
10 "
20. Appointment of actuary
The Board is to appoint as the actuary to the Fund a
person who is a Fellow or Accredited Member of the
Institute of Actuaries of Australia.
15 ".
8. Section 21 amended
Section 21(4)(a) is amended by deleting "of the Part 3" and
inserting instead --
" of Part 3 ".
20 9. Section 22 repealed
Section 22 is repealed.
10. Section 29A inserted
After section 29 the following section is inserted --
"
25 29A. Unclaimed Money Act 1990 does not apply to
unclaimed benefits
The Unclaimed Money Act 1990 does not apply in
relation to unclaimed benefits in the Fund.
".
page 5
Coal Industry Superannuation Amendment Bill 2004
s. 11
11. Section 31 amended
Section 31 is amended as follows:
(a) by deleting paragraph (a) and inserting the following
paragraph instead --
5 "
(a) providing for membership of the Fund, for
different categories of membership and for the
continuity and cessation of membership;
";
10 (b) paragraph (b) is amended by deleting "by members and
by employers";
(c) after paragraph (g) by inserting the following
paragraph --
"
15 (ga) as to the election and appointment of members
and alternate members of the Board;
".
12. Section 32 amended
Section 32(1) is amended by inserting after "commencement of
20 this Act" --
" and each 5 years thereafter ".
13. Schedule 1 amended
Schedule 1 is amended by deleting "Western Collieries Ltd" and
inserting instead --
25 " Wesfarmers Premier Coal Limited ".
page 6
Coal Industry Superannuation Amendment Bill 2004
s. 14
14. Schedule 2 amended
Schedule 2 is amended after clause 8(2) by inserting the
following subclause --
"
5 (2a) A member of the Board may attend a meeting of the Board
by telephone, audio-visual link-up or any other form of
instantaneous communication provided that all Board
members attending the meeting are simultaneously in
contact with each other.
10 ".
15. Schedule 3 amended
(1) Schedule 3 clause 1 is amended as follows:
(a) at the end of the definition of "former Act" by deleting
the semicolon and inserting a full stop instead;
15 (b) by deleting the definitions of "previous fund" and
"Tribunal".
(2) Schedule 3 clauses 2, 3, 4, 6, 7, and 8 are repealed.
page 7
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