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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Coal Miners' Welfare Amendment Bill 2004
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Section 4 amended 2
5. Section 6 amended 3
6. Section 7 replaced 3
7. Section 8 amended 4
8. Sections 9 to 12 replaced 4
9. Section 13 amended 7
10. Section 14 amended 7
11. Section 16 amended 7
12. Section 23 amended 7
13. Section 25 amended 8
14. Section 27 amended 8
278--2 page i
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Coal Miners' Welfare Amendment Bill 2004
A Bill for
An Act to amend the Coal Miners' Welfare Act 1947.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Coal Miners' Welfare Amendment
Act 2004.
page 1
Coal Miners' Welfare Amendment Bill 2004
s. 2
2. Commencement
This Act comes into operation on 1 January 2005 or the
1 January after the Act receives the Royal Assent, whichever is
the later.
5 3. The Act amended
The amendments in this Act are to the Coal Miners' Welfare
Act 1947*.
[* Reprinted as at 21 December 2001.]
4. Section 4 amended
10 Section 4 is amended as follows:
(a) in the definition of "Board" by deleting "a member of
the Board" and inserting instead --
" any other Member ";
(b) by deleting the definition of "coal miner" and inserting
15 instead --
"
"coal miners" means persons who work for hire or
reward in the coal mining industry of Western
Australia;
20 ";
(c) at the end of the definition of "Fund" by deleting the full
stop and inserting a semicolon instead;
(d) at the end of the section by inserting the following
definitions --
25 "
"Member" means a member of the Board;
"Secretary" means the secretary appointed by the
Board under section 15 as the Board's chief
executive officer.
30 ".
page 2
Coal Miners' Welfare Amendment Bill 2004
s. 5
5. Section 6 amended
(1) Section 6(1) is amended by deleting "he is" and inserting
instead --
" the owner was ".
5 (2) Section 6(1a) is amended by deleting "he or she is" and
inserting instead --
" the owner was ".
(3) After section 6(2) the following subsections are inserted --
"
10 (3) An owner who does not pay an amount required under
this section to be paid to the Fund commits an offence
and is liable to pay, in addition to that amount, a
penalty of one dollar in respect of each dollar, or
fraction of a dollar, of the amount that the owner
15 should have paid.
(4) All penalties recovered under subsection (3), less the
expenses incurred in their recovery, are to be paid into,
and form part of, the Fund.
".
20 6. Section 7 replaced
Section 7 is repealed and the following section is inserted
instead --
"
7. Inspection of records
25 (1) The Secretary may, at any reasonable time, examine
such records of any person as are required for the
purpose of determining the amount payable by a person
under section 6.
(2) The Secretary may make copies of those records.
page 3
Coal Miners' Welfare Amendment Bill 2004
s. 7
(3) The Board may, in writing, authorise another person to
carry out the functions of the Secretary under
subsections (1) and (2) and that person may carry out
those functions as if he or she were the Secretary.
5 (4) A person who obstructs, or attempts to obstruct, an
examination under this section commits an offence.
".
7. Section 8 amended
(1) Section 8(2) is amended by deleting "Such board" and inserting
10 instead --
" The Board ".
(2) Section 8(3) is amended by deleting "member of the Board" and
inserting instead --
" Member ".
15 8. Sections 9 to 12 replaced
Sections 9 to 12 are repealed and the following sections are
inserted instead --
"
9. Membership of the Board
20 (1) The Board consists of --
(a) the President of the Collie Combined Mining
Unions Council or such other body as is
prescribed;
(b) the President of Construction, Forestry, Mining
25 and Engineering Union, Mining and
Engineering Division, Collie or such other body
as is prescribed; and
(c) one other person appointed by the Governor for
a period of up to 3 years.
page 4
Coal Miners' Welfare Amendment Bill 2004
s. 8
(2) The Member holding office under subsection (1)(a) is
the chairman of the Board.
10. Deputy and temporary Members
(1) The Deputy President of the union referred to in
5 section 9(1)(a) is the deputy Member for the Member
holding office under that paragraph.
(2) The Deputy President of the union referred to in
section 9(1)(b) is the deputy Member for the Member
holding office under that paragraph.
10 (3) Where a Member holding office under section 9(1)(a)
or (b) is unable to act because of sickness, absence or
other cause, the deputy Member for that Member may
act in the Member's place, and while so acting the
deputy Member is to be taken to be a Member for the
15 purposes of this Act.
(4) Where a Member holding office under section 9(1)(c)
is unable to act because of sickness, absence or other
cause, the Minister may appoint another person as a
temporary Member to act in the Member's place, and
20 while so acting the temporary Member is to be taken to
be a Member.
(5) While a person is acting as a Member under this
section --
(a) he or she is entitled to remuneration under
25 section 13; and
(b) no act or omission of the deputy Member or
temporary Member may be questioned on the
ground that the occasion for acting had not
arisen or had ceased.
page 5
Coal Miners' Welfare Amendment Bill 2004
s. 8
11. Removal and resignation
A Member (including a Member holding office under
section 9(1)(a) or (b)) ceases to be a Member if he or
she --
5 (a) resigns in writing to the Minister;
(b) is, for 3 consecutive meetings, absent without
the leave of the Board, from meetings of the
Board of which he or she has had notice;
(c) is removed from office by the Governor on the
10 grounds that the Member --
(i) is incapable of satisfactorily performing
the duties of a Member;
(ii) has neglected to satisfactorily perform
those duties; or
15 (iii) has been guilty of misconduct;
(d) is an undischarged bankrupt or a person whose
property is subject to an order or arrangement
under the laws relating to bankruptcy; or
(e) dies.
20 12. Replacement of Members
(1) If a Member (the "vacating Member") holding office
under section 9(1)(a) or (b), ceases to hold that office
but remains President of the relevant Union, the
Deputy President of the Union becomes the Member
25 holding office under section 9(1)(a) or (b), as the case
may be, until someone other than the vacating Member
becomes President of the Union.
(2) If a Member holding office under section 9(1)(c)
ceases to hold that office, the Governor must, as soon
30 as reasonably practicable, appoint another person to
complete the term of office of that Member.
".
page 6
Coal Miners' Welfare Amendment Bill 2004
s. 9
9. Section 13 amended
Section 13(1) is amended by deleting "members of the Board"
and inserting instead --
" Members ".
5 10. Section 14 amended
Section 14(1) is repealed and the following subsections are
inserted instead --
"
(1) Meetings of the Board are to be held at the times and
10 places determined by the Board.
(1a) Meetings of the Board may also be convened by --
(a) the Chairman; or
(b) the 2 other Members acting together,
by giving reasonable notice to the other Members.
15 ".
11. Section 16 amended
Section 16(1a)(a) and "and" after it is deleted and the following
is inserted instead --
"
20 (a) the operation of a home for the aged in Collie
operated by Riverview Residence
(Incorporated); and
".
12. Section 23 amended
25 Section 23 is amended by deleting "$100" and inserting
instead --
" $10 000 ".
page 7
Coal Miners' Welfare Amendment Bill 2004
s. 13
13. Section 25 amended
Section 25 is amended by deleting "secretary" in each place
where it occurs and inserting instead --
" Secretary ".
5 14. Section 27 amended
Section 27(3) is amended by deleting "$20" and inserting
instead --
" $5 000 ".
page 8
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