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Coal Industry Amendment Act 1979

  • - C2004A02136
  • No longer in force
Act No. 126 of 1979 as made
An Act to amend the Coal Industry Act 1946.
Date of Assent 06 Nov 1979
Date of repeal 25 Mar 2015
Repealed by Amending Acts 1970 to 1979 Repeal Act 2015
 

COAL INDUSTRY AMENDMENT ACT 1979 No. 126, 1979

COAL INDUSTRY AMENDMENT ACT 1979 No. 126 of 1979 - SECT. 1.
Short title.

COAL INDUSTRY AMENDMENT ACT 1979

No. 126 of 1979

An Act to amend the Coal Industry Act 1946.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Coal Industry Amendment Act 1979.*1*

(2) The Coal Industry Act 1946*2* is in this Act referred to as the Principal Act.

COAL INDUSTRY AMENDMENT ACT 1979 No. 126 of 1979 - SECT. 2.
Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.*1*

COAL INDUSTRY AMENDMENT ACT 1979 No. 126 of 1979 - SECT. 3.
Repeal of Section 4 of the Coal Industry Act 1957

3. Section 4 of the Coal Industry Act 1957 is repealed.

COAL INDUSTRY AMENDMENT ACT 1979 No. 126 of 1979 - SECT. 4.

4. Section 8 of the Principal Act is repealed and the following section substituted:
Salary and allowances
''8. The Chairman and the other members of the Board shall be paid salary and allowances in accordance with the arrangement entered into in pursuance of section 5.''.

COAL INDUSTRY AMENDMENT ACT 1979 No. 126 of 1979 - SECT. 5.
Coal Industry Tribunal

5. Section 30 of the Principal Act is amended-

(a) by omitting sub-paragraph (iii) of paragraph (c) of sub-section (2) and substituting the following sub-paragraph:

''(iii) he is absent from duty, except on leave of absence to which he is entitled under the arrangement entered into in pursuance of this section, for 14 consecutive days or for 28 days in any 12 months;''; and

(b) by adding at the end thereof the following sub-section:

''(4) For the purposes of this section-

(a) the holding by a person constituting the Tribunal of office as a member of the Australian Conciliation and Arbitration Commission or as a member of the Industrial Commission of the State, and the engagement by him in the performance of the duties and functions of such an office, shall be deemed not to be engagement by him in paid employment outside the duties of his office as the person constituting the Tribunal; and

(b) a day on which a person constituting the Tribunal performs duties or functions as a member of the Australian Conciliation and Arbitration Commission, or as a member of the Industrial Commission of the State, shall be deemed not to be a day on which he absents himself from duty as the person constituting the Tribunal.''.

COAL INDUSTRY AMENDMENT ACT 1979 No. 126 of 1979 - SECT. 6.

6. Section 31 of the Principal Act is repealed and the following section substituted:
Salary and allowances
''31. The person appointed to constitute the Tribunal shall be paid salary and allowances in accordance with the arrangement entered into in pursuance of section 30.''.

COAL INDUSTRY AMENDMENT ACT 1979 No. 126 of 1979 - SECT. 7.

7. After section 31 of the Principal Act the following section is inserted:
Leave of absence
''31A. The person appointed to constitute the Tribunal is entitled to leave of absence in accordance with the arrangement entered into in pursuance of section 30.''.

COAL INDUSTRY AMENDMENT ACT 1979 No. 126 of 1979 - SECT. 8.
Formal and other minor amendments

8. The Principal Act is amended as set out in the Schedule.
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COAL INDUSTRY AMENDMENT ACT 1979 No. 126 of 1979 - SCHEDULE


SCHEDULE
Section 8

FORMAL AND OTHER MINOR AMENDMENTS


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1. The following provisions of the Principal Act are amended by omitting any number expressed in words that is used to identify a section of that Act, or of another Act, and substituting that number expressed in figures:

Sub-section 12 (2), sub-paragraph 33 (b) (iv), paragraph 34 (1) (d), section 39.

2. The following provisions of the Principal Act are amended by omitting ''of this Act'' and ''of this section'' (wherever occurring):

Sub-sections 15 (3), 21 (7) and (9), 34 (7) and 38 (5), section 39.

3. The Principal Act is further amended as set out in the following table:
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Provision Amendment ------------------------------------------------------------------------------ --
Section 3 . . . . . . . . Repeal. Section 4 (definition of ''the Commission'') Omit ''Commonwealth'', substitute ''Australian''. Section 4 (definition of ''the Court'') Omit. Section 4 (definition of ''the Federation'') Omit ''Australian'', substitute ''Australasian''. Section 8A . . . . . . . Repeal, substitute the following section:
Preservation
of rights ''8A. Where a person appointed as a
member of the Board was, immediately
before his appointment, an officer of
the Australian Public Service or a
person to whom the Officers' Rights
Declaration Act 1928 applied-
(a) he retains his existing and
accruing rights; and
(b) for the purpose of determining
those rights, his service as a member
of the Board shall be taken into
account as if it were service in the
Australian Public Service.''. Paragraph 14 (3) (h) . . Omit ''the Commissioner of Railways'', substitute
''an authority or body established or constituted
for a public purpose by or under the laws''. Sub-section 17 (2) . . . Omit ''Commonwealth Public Service Act 1922-1946'',
substitute ''Public Service Act 1922''. Sub-section 17 (3) . . . Omit sub-section (3), substitute the following
sub-section:
''(3) Where an officer appointed, or a person
employed, under this Part was, immediately before
his appointment, an officer of the Australian
Public Service or a person to whom the Officers'
Rights Declaration Act 1928 applied-
(a) he retains his existing and accruing rights;
and
(b) for the purpose of determining those rights,
his service as an officer appointed, or a person
employed, under this Part shall be taken into
account as if it were service in the Australian
Public Service.''. Sub-section 18 (3) . . . Omit ''the last preceding sub-section'', substitute
''sub-section (2)''. Sub-section 21 (5) . . . Omit ''paragraph (d) of sub-section (1) of this
section'', substitute ''paragraph (1) (d)''. Sub-section 21 (8) . . . Omit ''paragraph (d) of sub-section (1) of this
section'', substitute ''paragraph (1) (d)''. Sub-section 22 (1) . . . Omit ''of the Commonwealth''. Paragraph 30 (2) (c) . . Omit ''shall''. Sub-paragraph 33 (b) (iv) Omit ''of the Court relating to the coal mining
industry or''. Paragraph 34 (1) (c) . . Omit ''of the Court or''. Sub-section 34 (1A) . . . Omit ''the last preceding sub-section'', substitute
''sub-section (1)''. Sub-section 34 (1C) . . . Omit ''the last preceding sub-section'', substitute
''sub-section (1B)''. Sub-sections 36 (1) and (2) . . . . . . . . . . . Omit ''sub-section (2) of section thirty-two of
this Act'', substitute ''sub-section 32 (2)''. Sub-section 37A (1) . . . Omit ''the next succeeding section'', substitute
''section 38''. Paragraph 38 (1) (d) . . Omit ''award of the Court or''. Sub-section 38 (4) . . . Omit ''paragraph (a) of sub-section (1) of this
section'', substitute ''paragraph (1) (a)''. Section 39 . . . . . . . Omit ''sub-section (1) of the last preceding
section'', substitute ''sub-section 38 (1)''. Section 45 . . . . . . . Omit ''by the Court or''. Section 48A . . . . . . . Omit ''Two hundred dollars'', substitute ''$200''. Section 49 . . . . . . . Omit ''paragraph (j) of sub-section (3) of section
fourteen of this Act'', substitute ''paragraph 14
(3) (j)''. Section 54 . . . . . . . (a) Omit ''Two thousand dollars'', substitute
''$2,000''.
(b) Omit ''Two hundred dollars'' (wherever
occurring), substitute ''$200''.
(c) Omit ''six'', substitute ''6''. Section 55 . . . . . . . Repeal, substitute the following section:
Orders not
statutory
rules ''55. Orders made under this Act
shall not be deemed to be statutory
rules within the meaning of the
Statutory Rules Publication Act
1903.''.
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COAL INDUSTRY AMENDMENT ACT 1979 No. 126 of 1979 - NOTES


NOTES
1. Act No. 126, 1979; assented to 6 November 1979.
2. Act No. 40, 1946, as amended. For previous amendments see Act No. 61, 1951; No. 30, 1952; No. 52, 1956; No. 61, 1957; No. 57, 1958; No. 11, 1965; No. 93, 1966; No. 216, 1973 (as amended by No. 20, 1974); and No. 36, 1978.