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Coal Mining Industry (Long Service Leave) Administration Act 1992
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Administered by
Department of Employment and Workplace Relations
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C2013C00188
12 April 2013
-
30 June 2014
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Part 1—Preliminary
1 Short title
2 Commencement
3 Object
4 Interpretation
5 Act to bind Crown
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Part 2—Establishment, functions and powers of Corporation
6 Establishment of Corporation
7 Functions of Corporation
8 Powers of Corporation
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Part 3—Board of Directors of the Corporation
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Division 1—Constitution of the Board
9 The Board
10 Board to manage affairs of Corporation
11 Guidelines for managing affairs of Corporation
12 Constitution of the Board
13 Appointment of Directors
14 Appointment of Chairperson and Deputy Chairperson
Division 2—Meetings of the Board
15 Convening of meetings
16 Presiding at meetings
17 Quorum
18 Voting at meetings
19 Conduct of meetings
20 Resolutions without meetings
21 Records relating to meetings
Division 3—Provisions relating to Directors
23 Term of appointment
24 Remuneration and allowances
25 Leave of absence
26 Resignation
27 Outside employment
28 Termination of appointment
29 Terms and conditions of appointment not provided for by Act
31 Acting Chairperson and acting Deputy Chairperson
32 Acting Director
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Part 4—Staff of the Corporation
33 Employees
34 Consultants
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Part 5—Finance
35 Transfer of previous Fund to Corporation
36 Payments to Corporation
37 Borrowing
38 Corporation may give security
39 Application to the Corporation of the Commonwealth Authorities and Companies Act
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Part 5A—Entitlement to long service leave
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Division 1—Entitlement, amount and grant etc.
39A Entitlement to long service leave
39AA Amount of long service leave
39AB Grant of long service leave
39AC Payment for long service leave
39AD Manner of payment for long service leave
39AE Public holidays etc. not to count as long service leave
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Division 2—Waiver agreements
39B Waiver agreements may be made with certain employees
39BA Variation of waiver agreements
39BB Termination of waiver agreements
39BC Approval of waiver agreements and variations by the Corporation
39BD Effect of waiver agreements on payroll levy
39BE Employer must comply with waiver agreement
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Division 3—Payments on cessation of employment as an eligible employee
39C Payment on cessation—general
39CA Payment on cessation—ill health and retirement
39CB Payment on cessation—redundancy
39CC Payment on death
39CD Effect of payment in respect of untaken long service leave
39CE Effect of payment in respect of qualifying service
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Division 4—Remedies relating to long service leave
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Subdivision A—The Fair Work Commission
39D FWC may deal with disputes relating to long service leave
Subdivision B—Court orders
39DA Employees etc. may apply to court in respect of certain contraventions
39DB Orders that can be made by the court
Division 5—Relationship with other laws and industrial instruments
39E Relationship with the National Employment Standards
39EA Relationship with State and Territory long service leave laws
39EB Relationship with industrial instruments
Division 6—Miscellaneous
39F Entitlements and rights in respect of long service leave subject to alteration, cancellation etc.
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Part 6—The Coal Mining Industry (Long Service Leave) Fund
40 Establishment of the Fund
41 Application of the Fund
42 Investment of the Fund
43 Sufficiency of the Fund
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Part 7—Payments out of the Fund
44 Reimbursement for payments relating to long service leave
45 Employer Reimbursement Rules
47 Reimbursement of overpayment of payroll levy
48 Payments to employees if employer insolvent etc.
49 Board may determine claims for payment
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Part 7A—Civil penalty orders
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Division 1—Obtaining a civil penalty order
49A Civil penalty orders
49AA Civil enforcement of penalty
49AB Conduct contravening more than one civil penalty provision
49AC Multiple contraventions
49AD Proceedings may be heard together
49AE Civil evidence and procedure rules to apply
49AF Contravening a civil penalty provision is not an offence
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Division 2—Civil proceedings and criminal proceedings
49B Civil proceedings after criminal proceedings
49BA Criminal proceedings during civil proceedings
49BB Criminal proceedings after civil proceedings
49BC Evidence given in civil proceedings not admissible in criminal proceedings
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Division 3—Miscellaneous
49C Ancillary contravention of civil penalty provisions
49CA Continuing contraventions of civil penalty provisions
49CB Mistake of fact
49CC State of mind
49CD Civil penalty provisions contravened by employees, agents or officers
49CE Civil penalty provisions contravened by executive officers
49CF Establishing whether an executive officer took reasonable steps to prevent the contravention of a civil penalty provision
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Part 8—Miscellaneous
50 Delegation
51 Expenses of Corporation
52 Remuneration and allowances of Directors
52A Power to require persons to produce information or documents
52B Review by the Administrative Appeals Tribunal
52C Conferral of jurisdiction on the Federal Court and the Federal Circuit Court
52D Powers of courts
54 Regulations
55 Review of Act
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Endnotes
Endnote 1—Legislation history
Endnote 2—Amendment history
Endnote 3—Uncommenced amendments [none]
Endnote 4—Misdescribed amendments [none]