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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Coal Mines Legislation Amendment and
Revival Bill 1998
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- The Coal Miners' Welfare Act 1947
amended
3. The Act amended 3
4. Section 1 amended 3
5. Section 6 amended 3
6. Section 16 amended 4
Part 3 -- Revival, validation and transitional
provisions
7. Interpretation 5
8. Revival 6
9. Validation 6
page i
42--1
Coal Mines Legislation Amendment and Revival Bill 1998
Contents
10 . Application of Relief Fund moneys 7
11 . Reporting 8
12 . Expiry of revived provisions 9
page ii
Western Australia
LEGISLATIVE COUNCIL
Coal Mines Legislation Amendment and
Revival Bill 1998
A Bill for
An Act to --
· amend the Coal Miners' Welfare Act 1947;
· revive and continue certain provisions of the Coal Mines
Regulation Act 1946 in order to make provision for the
moneys in the Coal Mines Accident Relief Fund;
· to validate certain past acts,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Coal Mines Legislation Amendment and Revival Bill 1998
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Coal Mines Legislation
Amendment and Revival Act 1998.
5 2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
page 2
Coal Mines Legislation Amendment and Revival Bill 1998
The Coal Miners' Welfare Act 1947 amended Part 2
s. 3
Part 2 -- The Coal Miners' Welfare Act 1947 amended
3. The Act amended
The amendments in this Part are to the Coal Miners' Welfare
Act 1947*.
5 [* Reprinted as approved at 7 April 1971.
For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 37.]
4. Section 1 amended
Section 1(2) is amended by deleting "Coal Mines Regulation
10 Act, 1946" and inserting instead --
" Mines Safety and Inspection Act 1994 ".
5. Section 6 amended
(1) After section 6(1) the following subsections are inserted --
"
15 (1a) The owner of every coal mine shall in the months of
January and July in every year pay to the Fund a sum
equivalent to 0.4101 cent per tonne on the output of all
coal sold from every mine of which he or she is the
owner during the preceding 6 months respectively
20 ending on the last day of December or June, as the case
may be, and the sums so payable in respect of any mine
shall be recoverable as a debt due to the Board.
(1b) The sums to be paid under subsections (1) and (1a) are
to be credited to separate accounts forming part of the
25 Fund.
".
page 3
Coal Mines Legislation Amendment and Revival Bill 1998
Part 2 The Coal Miners' Welfare Act 1947 amended
s. 6
(2) Section 6(2) is amended by deleting "subsection (1)" and
inserting instead --
" subsections (1) and (1a) ".
6. Section 16 amended
5 Section 16 is amended as follows:
(a) in subsection (1) by deleting "(other than anything
required to be provided by the owner or manager of a
coal mine by the Coal Mines Regulations Act, 1946)";
(b) after subsection (2) by inserting the following
10 subsections --
"
(3) The Board is to consult with the owners of coal mines
before applying money standing to the credit of the
subsection (1a) account.
15 (4) In this section --
"subsection (1a) account" means the separate account
forming part of the Fund to which --
(a) moneys transferred under section 10(3) of
the Coal Mines Legislation Amendment and
20 Revival Act 1998; and
(b) sums paid under section 6(1a),
are to be credited.
".
page 4
Coal Mines Legislation Amendment and Revival Bill 1998
Revival, validation and transitional provisions Part 3
s. 7
Part 3 -- Revival, validation and transitional
provisions
7. Interpretation
In this Part --
5 "entitled relative" means a person who, as a relative of a
deceased employee of a coal mine, is entitled to a benefit
under section 38(4) of the repealed Act as revived by
section 8;
"expiry day" means the day on which an order under section 12
10 is published in the Gazette;
"Fund" has the same meaning as in the Coal Miners' Welfare
Act 1947;
"injured employee" means a person who, as an employee of a
coal mine who has suffered personal injury or contracted a
15 disease, is entitled to payments under section 38(4) of the
repealed Act as revived by section 8;
"Relief Fund" means the Coal Mines Accident Relief Fund
referred to in section 38 of the repealed Act;
"repealed Act" means the Coal Mines Regulation Act 1946
20 repealed by section 107 of the Mines Safety and Inspection
Act 1994 which came into operation on 9 December 1995;
"repealed regulations" means the Coal Mines Regulations
repealed by regulation 17.2 of the Mines Safety and
Inspection Regulations 1995 published in the Gazette on
25 8 December 1995;
"Trust" means the Coal Mines Accident Relief Fund Trust
referred to in section 38 of the repealed Act.
page 5
Coal Mines Legislation Amendment and Revival Bill 1998
Part 3 Revival, validation and transitional provisions
s. 8
8. Revival
(1) Subject to subsection (2), the repealed Act other than sections 2,
3, 5A to 37, 39 to 63 and 65 to 69 --
(a) is hereby revived;
5 (b) is taken to have been in operation from
9 December 1995; and
(c) shall continue in operation until the expiry day.
(2) Despite the revival of section 38 of the repealed Act, neither an
owner nor an employee of a coal mine is required to contribute
10 any moneys to the Relief Fund after the commencement of this
Act.
(3) The repealed regulations other than regulations 2 to 206 and
235 to 276 --
(a) are hereby revived;
15 (b) are taken to have been in operation from
9 December 1995; and
(c) shall continue in operation until the expiry day.
9. Validation
(1) For the avoidance of doubt, anything done under --
20 (a) section 38 or 64 of the repealed Act; or
(b) regulations 207 to 234A of the repealed regulations,
before the commencement of this Act is as valid and effective as
it would have been if, at the time when it was done, the repealed
Act or the repealed regulations, as the case requires, had not
25 been repealed.
page 6
Coal Mines Legislation Amendment and Revival Bill 1998
Revival, validation and transitional provisions Part 3
s. 10
(2) Without limiting the generality of subsection (1) --
(a) any moneys purported to have been payable to,
contributed to and received into the Relief Fund under
section 38(1) or (2) of the repealed Act before the
5 commencement of this Act are taken to be, and to have
always been, validly payable to, contributed to and
received into the Relief Fund and to be recoverable
accordingly;
(b) the appointment of a trustee of the Trust purported to
10 have been made under section 38(4) of the repealed Act
before the commencement of this Act is as valid and
effective as it would have been if, at the time when it
was done, the repealed Act had not been repealed; and
(c) the appointment of a member of the accident committee,
15 the secretary of that committee and the secretary of the
Trust purported to have been made under the repealed
regulations before the commencement of this Act is as
valid and effective as it would have been if, at the time
when it was done, the repealed regulations had not been
20 repealed.
10. Application of Relief Fund moneys
(1) Moneys standing to the credit of the Relief Fund are to be
applied by the Trust as the Trust thinks fit, and with the
approval of the Minister --
25 (a) to the entitled relatives, by way of a lump sum payment
in full satisfaction of their entitlement to payment under
the repealed Act;
(b) in payment of expenses and costs incurred under the
repealed Act; and
30 (c) in payment of the costs of, and related to, the
implementation of this Act.
page 7
Coal Mines Legislation Amendment and Revival Bill 1998
Part 3 Revival, validation and transitional provisions
s. 11
(2) The entitlement of an injured employee to payment from the
Relief Fund ceases on the date the lump sum payments are made
to entitled relatives under subsection (1)(a).
(3) The balance of the moneys standing to the credit of the Relief
5 Fund after the payments referred to in subsection (1) have been
made is to be transferred to the separate account forming part of
the Fund into which moneys that are payable under
section 6(1a) of the Coal Miners' Welfare Act 1947 as in force
after the commencement of this Act are to be credited.
10 11. Reporting
(1) The Trust as constituted under the repealed Act on the
commencement of this Act is to, as soon as practicable after that
commencement --
(a) perform the functions described in section 10; and
15 (b) prepare a report on its operations in respect of --
(i) the financial year ending on the last preceding
30 June; and
(ii) the period commencing on the last preceding
1 July and ending when there are no moneys in
20 the Relief Fund and no moneys to be paid into
the Relief Fund.
(2) The reports prepared under subsection (1)(b) are to comply,
with any necessary modifications, with the provisions of the
Financial Administration and Audit Act 1985 regulating the
25 financial administration, audit and reporting of statutory
authorities.
(3) A report under subsection (1)(b)(ii) is deemed to be an annual
report for the purposes of section 69 of the Financial
Administration and Audit Act 1985.
page 8
Coal Mines Legislation Amendment and Revival Bill 1998
Revival, validation and transitional provisions Part 3
s. 12
12. Expiry of revived provisions
When the Minister is satisfied that there are no moneys in the
Relief Fund and no moneys to be paid into the Relief Fund, the
Minister is to make an order to that effect, and publish that order
5 in the Gazette.
page 9
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