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Coal Industry Amendment Act 1992

  • - C2004A04357
  • No longer in force
Act No. 66 of 1992 as made
An Act to amend the Coal Industry Act 1946, in accordance with an agreement between the Commonwealth and New South Wales, to restructure the Joint Coal Board, to remove certain regulatory functions of the Board and to confer other functions on the Board, and for related purposes
Date of Assent 26 Jun 1992
Date of repeal 10 Mar 2016
Repealed by Amending Acts 1990 to 1999 Repeal Act 2016
 

COAL INDUSTRY AMENDMENT ACT 1992 No. 66, 1992

COAL INDUSTRY AMENDMENT ACT 1992 No. 66 of 1992 - LONG TITLE

An Act to amend the Coal Industry Act 1946, in accordance
with an agreement between the Commonwealth and New South
Wales, to restructure the Joint Coal Board, to remove
certain regulatory functions of the Board and to confer
other functions on the Board, and for related purposes

COAL INDUSTRY AMENDMENT ACT 1992 No. 66 of 1992 - SECT 1
Short title etc.

(Assented to 26 June 1992)
1.(1) This Act may be cited as the Coal Industry Amendment Act 1992.

(2) In this Act, "Principal Act" means the Coal Industry Act 1946.*1*

(Minister's second reading speech made in -
House of Representatives on 30 April 1992
Senate on 27 May 1992)
*1* No. 40, 1946, as amended. For previous amendments, see No. 61, 1951; No. 30, 1952; No. 52, 1956; No. 61, 1957; No. 57, 1958; No. 11, 1965; No. 93, 1966; No. 216, 1973; No. 37, 1976; No. 36, 1978; and No. 126, 1979.

COAL INDUSTRY AMENDMENT ACT 1992 No. 66 of 1992 - SECT 2
Commencement

2.(1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent.

(2) Subsection 3(1) commences on a day to be fixed by Proclamation.

(3) Subsection 3(2) is taken to have commenced on 31 March 1992.

COAL INDUSTRY AMENDMENT ACT 1992 No. 66 of 1992 - SECT 3
Amendment of Principal Act

3.(1) The Principal Act is amended as set out in Schedules 1 to 4 (inclusive).

(2) The Principal Act is further amended as set out in Schedule 5.

COAL INDUSTRY AMENDMENT ACT 1992 No. 66 of 1992 - SCHEDULE 1

SCHEDULE 1 Section 3
AMENDMENTS RELATING TO THE STRUCTURE OF THE JOINT COAL BOARD
Section 4:
Insert the following definitions:
" 'full-time member' means a full-time member of the
Board, including the Chairperson if appointed as a full-time
member;
'member' means any member of the Board, including the
Chairperson;
'part-time member' means a part-time member of the Board,
including the Chairperson if appointed as a part-time
member;
'the Commonwealth Minister' means the Minister;
'the State Minister' means that Minister of the State who
administers the State Act;".
Heading to Part II:
Omit "II", substitute "2".
Subsections 5(2) to 5(8):
Omit the subsections, substitute:
"(2) The Board so constituted is a body corporate.
"(3) Nothing in this Act prevents the appointment of the
members of the Board by the Commonwealth Minister and the
State Minister in accordance with the arrangement.".
Sections 6 to 9:
Repeal the sections, substitute:
Body corporate
"6. The Board:
(a) has perpetual succession; and
(b) is to have a seal; and
(c) may take proceedings and be proceeded against in its
corporate name; and
(d) may, for the purpose of enabling it to exercise its
powers and functions, purchase, exchange, take on lease,
hold, dispose of and otherwise deal with property; and
(e) may do and suffer all other things that bodies
corporate may, by law, do and suffer and that are necessary
for, or incidental to, the exercise of its powers and
functions.

Members of the Board
"7.(1) The Board constituted under the arrangement
referred to in section 5 is to consist of 3 members.
"(2) One member is to be appointed as Chairperson of the
Board.
"(3) Of the members other than the Chairperson:
(a) one is to be a representative of coal industry
employers; and
(b) one is to be a representative of coal industry
employees.
"(4) The members of the Board, including the Chairperson,
may be either full-time or part-time members.
"(5) The appointment of a person as a member is not

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invalid merely because of a defect or irregularity in
relation to the appointment.

Terms of office of members
"8. Subject to this Act, a member holds office for the
period (not exceeding 3 years) specified in the member's
instrument of appointment, but may be re-appointed in
accordance with this Act.

Appointment of persons to act for any member of the Board
"9.(1) The Commonwealth Minister and the State Minister
may appoint a person to act for any member of the Board who
is absent from duty because of illness or otherwise, and the
person, while so acting, has all the powers and functions of
the member and is taken to be the member.
"(2) If the absent member is a representative of coal
industry employers or coal industry employees, the person
appointed to act as the member is to be such a
representative.
"(3) The Commonwealth Minister and the State Minister may,
from time to time, appoint a member to act for the
Chairperson if the Chairperson is absent from duty because
of illness or otherwise, and the member, while so acting,
has all the functions of the Chairperson and is taken to be
the Chairperson.
"(4) The State Minister, with the agreement of the
Commonwealth Minister, may remove any person from any office
to which the person was appointed under this section.
"(5) A person while acting in the office of a member is
entitled to be paid such remuneration (including travelling
and subsistence allowances) as the Commonwealth Minister and
the State Minister may from time to time determine in
respect of the person.
"(6) For the purposes of this section, a vacancy in the
office of a member or the Chairperson is taken to be an
absence from office of the member or Chairperson.
"(7) The appointment of a person to act for a member is
not invalid merely because of a defect or irregularity in
relation to the appointment.

Vacancy in office of member
"10.(1) The office of a member becomes vacant if the
member:
(a) dies; or
(b) completes a term of office and is not re-appointed;
or
(c) resigns the office by instrument in writing addressed
to the Commonwealth Minister or the State Minister; or
(d) in the case of a full-time member - is absent from
duty, except on leave of absence granted by the Commonwealth
Minister or the State Minister, for 7 consecutive days or
for 14 days in any period of 12 months; or
(e) in the case of a part-time member - is absent from 4
consecutive meetings of the Board of which reasonable notice
has been given to the member personally or in the ordinary
course of post, except on leave granted by the Commonwealth
Minister or the State Minister or unless, before the
expiration of 4 weeks after the last of those meetings, the
member is excused by the Commonwealth Minister or the State
Minister for having been absent from those meetings; or
(f) becomes bankrupt, applies to take the benefit of any
law for the relief of bankrupt or insolvent debtors,
compounds with his or her creditors or makes an assignment
of his or her remuneration for their benefit; or
(g) becomes permanently incapable of performing his or
her duties.
"(2) The State Minister, with the agreement of the
Commonwealth Minister, may remove a member from office for
misbehaviour, incompetence or incapacity.

Vacancy does not invalidate Board's actions
"11. The Board can exercise its powers even if there is
one (but not more than one) vacancy in its membership.

Filling of vacancy in office of member
"12. If the office of any member becomes vacant, a person
is, subject to this Act, to be appointed to fill the
vacancy.

Remuneration
"13. A member is entitled to be paid such remuneration
(including such travelling and subsistence allowances) as
the Commonwealth Minister and the State Minister may from
time to time determine in respect of the member.

Disclosure of pecuniary interests
"14.(1) If:

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(a) a member has a direct or indirect pecuniary interest
in a matter being considered or about to be considered at a
meeting of the Board; and
(b) the interest appears to raise a conflict with the
proper performance of the member's duties in relation to the
consideration of the matter;
the member must disclose the nature of the interest to the
Board as soon as possible after the relevant facts have come
to the member's knowledge.
"(2) A disclosure by a member to the Board that the
member:
(a) is a member, or is in the employment, of a specified
company or other body; or
(b) is a partner, or is in the employment, of a specified
person; or
(c) has some other specified interest relating to a
specified company or other body or to a specified person;
is a sufficient disclosure of the nature of the interest in
any matter relating to that company or other body or to that
person which may arise after the date of the disclosure and
which is required to be disclosed under subsection (1).
"(3) Particulars of any disclosure made under this section
must be recorded by the Board in a book kept for the purpose
at the office of the Board and that book must be open at all
reasonable hours to inspection by any person on payment of
the prescribed fee (if any).
"(4) After a member has disclosed the nature of an
interest in any matter, the member must not, unless the
Commonwealth Minister and the State Minister, or the Board,
otherwise determine or determines:
(a) be present during any deliberation of the Board with
respect to the matter; or
(b) take part in any decision of the Board with respect
to the matter.
"(5) For the purposes of the making of a determination by
the Board under subsection (4), a member who has a direct or
indirect pecuniary interest in a matter to which the
disclosure relates must not:
(a) be present during any deliberation of the Board for
the purpose of making the determination; or
(b) take part in the making by the Board of the
determination.
"(6) A contravention of this section does not invalidate
any decision of the Board.

Seal
"15.(1) The Chairperson is required to keep the Board's
seal in safe custody.
"(2) The seal of the Board must be affixed to a document
only:
(a) in the presence of at least 2 members of the Board;
and
(b) with an attestation by the signatures of those
members of the fact of the affixing of the seal.
"(3) Every document requiring authentication by the Board
may be sufficiently authenticated without the seal of the
Board if it is signed by the Chairperson or by any member of
staff of the Board authorised to do so by the Chairperson.
"(4) Judicial notice is to be taken of the seal of the
Board.
"(5) In any legal proceedings, the seal of the Board, when
affixed to a document, is, until the contrary is proved, to
be presumed to have been duly affixed to the document.

General procedure
"16. The procedure for the calling of meetings of the
Board and for the conduct of business at those meetings is,
subject to this Act and the regulations, to be as determined
by the Board.

Quorum
"17. The quorum for a meeting of the Board is 2 members of
the Board one of whom is to be the Chairperson.

Presiding member
"18.(1) The Chairperson is to preside at a meeting of the
Board.
"(2) The Chairperson has a deliberative vote and, in the
event of an equality of votes, has a second or casting vote.

Voting
"19. A decision supported by a majority of the votes cast
at a meeting of the Board at which a quorum is present is
the decision of the Board.

Transaction of business outside meetings or by telephone

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etc.
"20.(1) The Board may, if it thinks fit, transact any of
its business by the circulation of papers among all the
members of the Board for the time being, and a resolution in
writing approved in writing by a majority of those members
is taken to be a decision of the Board.
"(2) The Board may, if it thinks fit, transact any of its
business at a meeting at which members participate by
telephone, closed-circuit television or other means, but
only if any member who speaks on a matter before the meeting
can be heard by the other members.
"(3) For the purposes of:
(a) the approval of a resolution under subsection (1); or
(b) a meeting held in accordance with subsection (2);
the Chairperson and each member have the same voting rights
as they have at an ordinary meeting of the Board.
"(4) A resolution approved under subsection (1) is to be
recorded by the Board.
"(5) Papers may be circulated among members for the
purposes of subsection (1) by facsimile or other
transmission of the information in the papers concerned.

Delegation of Board's powers and functions
"21.(1) The Board may, by writing under its seal, delegate
its powers and functions, other than this power of
delegation, to any member or employee of the Board or to any
committee of persons (whether of members only or members and
other persons).
"(2) A delegation:
(a) may be general or limited; and
(b) may be revoked, wholly or partly, by the Board.
"(3) A delegated power or function may be exercised only
in accordance with any conditions to which the delegation is
subject.
"(4) A delegated power or function that is duly exercised
by a delegate is taken to have been exercised by the Board.
"(5) If the exercise of a power or function by the Board
is dependent on the opinion, belief or state of mind of the
Board in relation to any matter, the power or function may
be exercised by the delegate on the opinion, belief or state
of mind of the delegate in relation to any such matter.
"(6) When a power or function is delegated to a particular
member, the power or function may be exercised by the person
for the time being acting for that member in accordance with
section 9.
"(7) A power or function that has been delegated may,
despite the delegation, be exercised by the Board.".

COAL INDUSTRY AMENDMENT ACT 1992 No. 66 of 1992 - SCHEDULE 2

SCHEDULE 2 Section 3
AMENDMENTS RELATING TO THE FUNCTIONS OF THE JOINT COAL BOARD

Title:
Omit the title, substitute:
"An Act to make provision in relation to the coal industry
in New South Wales and elsewhere, and for related purposes".

Preamble:
Omit the Preamble, substitute:
"WHEREAS it has been agreed between the Governments of the
Commonwealth and the State of New South Wales that they will
jointly establish authorities vested with power to take
action with respect to industrial relations, mineworkers'
health and welfare and certain other matters in the coal
industry;
AND WHEREAS it has been further agreed that the two
Governments are to take all practicable steps to secure the
passage by the Parliament of the Commonwealth and the
Parliament of the State of New South Wales of legislation
within the constitutional powers of the respective
Parliaments providing for these and other related matters;
AND WHEREAS each of the two Governments has undertaken not
to take action, without the prior concurrence of the other,
to repeal or amend any of the legislation covered by the
agreement:".

Section 4:
Omit the definition of "coal".

Part III:
Repeal the Part, substitute:

"PART 3 - POWERS AND FUNCTIONS OF JOINT COAL BOARD
Vesting of powers in Board
"22.(1) In pursuance of an agreement between the
Government of the Commonwealth and the Government of the
State, it is declared that the Board is to have all the

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powers and functions specified in this Act in relation to
the Board.
"(2) Subject to the Constitution, those powers and
functions are by this subsection, and not otherwise, vested
in the Board to the extent to which they are not in excess
of the legislative power of the Commonwealth.

General powers and functions of the Board
"23. The Board has the following powers and functions:
(a) to provide occupational health and rehabilitation
services for workers engaged in the coal industry, including
providing preventive medical services, monitoring workers'
health and investigating related health matters;
(b) to collect, collate and disseminate accident and
other statistics related to the health and welfare of
workers engaged in the coal industry;
(c) to refer matters relating to the safety of workers
engaged in the coal industry, as it thinks fit, to the Chief
Inspector of Coal Mines or the Commonwealth Minister and the
State Minister for consideration;
(d) to provide courses in the production and utilisation
of coal under international development assistance programs
sponsored or administered by the Commonwealth Government or
approved by the Commonwealth Minister and the State
Minister;
(e) to report to the Commonwealth Minister and the State
Minister as it thinks fit, or when requested by either
Minister, on matters related to the health or welfare of
workers engaged in the coal industry, or on any other matter
concerning or arising out of the Board's powers or
functions;
(f) to publish reports and information of public interest
concerning or arising out of the Board's powers or
functions;
(g) to promote the welfare of workers and former workers
in the coal industry in the State, their dependants, and
communities in coal mining areas.

Additional powers related to health
"24.(1) The Board may, if it is of the opinion that the
health of workers at a coal mine is endangered, or is likely
to be endangered, by any conditions at the mine or methods
in operation at the mine, require the owner or manager of
the mine, by written notice, to do or refrain from doing
such things, specified by the Board, as are necessary to
protect the health of the workers.
"(2) Subject to the Administrative Appeals Tribunal Act
1975, application may be made to the Administrative Appeals
Tribunal for review of a requirement made under this
section.
"(3) If an application for review is made to the
Administrative Appeals Tribunal after an appeal in respect
of the same matter has been made to the State Supreme Court
under the State Act and before that appeal is finally
determined, the application is stayed until that final
determination.

Other powers and functions of the Board
"25. Until such time as the Commonwealth Minister and the
State Minister direct, the Board has the following powers
and functions:
(a) to monitor, promote and specify adequate training
standards relating to health and safety for workers engaged
in the coal industry;
(b) to monitor dust in coal mines;
(c) to collect, collate and disseminate statistics
related to the coal industry, other than statistics related
to the health and welfare of workers.

Workers' compensation functions
"26. The Board has power to establish workers'
compensation insurance schemes and to require any employer
in the coal industry in the State to effect with or through
the Board all workers' compensation insurance in respect of
the employer's employees in that industry.

Additional powers of Board
"27. For the purpose of exercising its powers or
functions, the Board may:
(a) undertake or arrange for research, inquiries,
investigations, surveys, tests and inspections; and
(b) require the keeping and furnishing of statistics,
returns and other information relating to matters concerning
or arising out of the Board's powers and functions.

Orders by Board

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"28.(1) The Board may, with the approval of the
Commonwealth Minister and the State Minister, make orders,
not inconsistent with this Act or the regulations, for or
with respect to the Board's powers and functions under
sections 23 and 25 to 27.
"(2) The Board may, with the approval of the Commonwealth
Minister and the State Minister, by order amend or revoke
any order made by the Board.

Publication of orders
"28A.(1) An order made by the Board must be published in
the Gazette and the State Gazette.
"(2) An order takes effect on the day it is so published,
or if a later day is specified in the order for that
purpose, on the later day so specified.
"(3) Subsection (2) does not prevent an order from
specifying different days for the commencement of different
portions of the order.

Ministerial direction and control
"28B.(1) The Board is, in the exercise of its powers and
functions and the performance of its duties, subject to the
joint control and direction of the Commonwealth Minister and
the State Minister.
"(2) The Commonwealth Minister or the State Minister may,
with the agreement of the other Minister, issue written
directions to the Board on matters of policy, or as to the
exercise of the Board's powers or functions or the
performance of its duties, and it is the duty of the Board
to carry out any direction so given.
"(3) If the exercise of any power or function by the Board
is dependent on the opinion or belief of the Board in
relation to any matter and a direction is issued under this
section in relation to that matter, the Board has the power
to exercise the power or function or perform the duty in
accordance with that direction.

Staff of Board
"28C.(1) The Board may employ such staff as is necessary
to exercise its powers and functions under this Act.
"(2) The Board may determine the remuneration and
conditions of employment of its staff.

Arrangements with other agencies, consultants etc.
"28D.(1) The Board may enter into arrangements with other
persons or bodies (including government bodies) with
relevant expertise for the provision of assistance to the
Board in connection with the exercise of the powers and
functions of the Board.
"(2) The Board may engage consultants to assist it in the
exercise of its powers or functions.

Annual operating plan
"28E.(1) The Board must, on or before 31 May in each year,
submit an annual operating plan for the year commencing on 1
July of that year to the Commonwealth Minister and the State
Minister.
"(2) The annual operating plan must contain a plan
relating to the proposed strategy of the Board in exercising
its powers and functions in the period to which the plan
relates and such other matters as may be prescribed.
"(3) The Board must amend an annual operating plan if
required to do so by the Commonwealth Minister and the State
Minister.
"(4) The Board may amend the annual operating plan and
must give the Commonwealth Minister and the State Minister a
copy of any such amendment.

Policy reports
"28F. The Board must, as and when required by the
Commonwealth Minister or the State Minister, furnish reports
to the Minister concerned, and the other Minister, as to the
policy it is pursuing or proposes to pursue in the discharge
of its powers and functions.".

COAL INDUSTRY AMENDMENT ACT 1992 No. 66 of 1992 - SCHEDULE 3

SCHEDULE 3 Section 3
AMENDMENTS RELATING TO FINANCIAL MATTERS

Section 4:
Insert the following definition:
" 'approved bank' means a bank as defined in subsection
5(1) of the Banking Act 1959 or another bank declared by the
Treasurer, or by a person authorised by the Treasurer to
give approvals for the purposes of this definition, to be an
approved bank in relation to the Board.".

Part IV:
Repeal the Part, substitute:

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"PART 4 - FINANCE
Part XI of the Audit Act not to apply to the Board
"28G. The Board is declared not to be an authority to
which Division 2 or Division 3 of Part XI of the Audit Act
1901 applies.

Functions of the Board in relation to finance:
"28H. The functions of the Board in relation to finance
are:
(a) to receive money payable to the Board, including
money payable to the Board as fees for services provided by
the Board; and
(b) to raise such money, under section 28R, as is
necessary to exercise its powers or functions; and
(c) to make payments under sections 28L and 28M; and
(d) to maximise returns on money held by the Board by
investing the money under section 28S.

Board may charge fees
"28J. The Board may charge fair and proper fees for
services provided by it in the exercise of any of its powers
or functions.

Payments by the Commonwealth
"28K. There is payable to the Board such money as is
appropriated from time to time by the Parliament to enable
any authority constituted under this Act to exercise the
powers and functions vested in it by this Act.

Workers' compensation funds
"28L. All premiums and other money received under any
workers' compensation insurance scheme established by the
Board and any other money received by the Board for the
purposes of the scheme must be applied:
(a) to pay any sum required to be paid by the Board under
any workers' compensation insurance scheme established by
the Board; and
(b) to pay any expenses incurred in the administration of
any such scheme; and
(c) to pay for the provision of occupational health and
rehabilitation services; and
(d) for such other purposes related to the coal industry,
to the Board's welfare functions, to workers formerly
engaged in the coal industry or to the administration of
this Act as may be approved by the Commonwealth Minister and
the State Minister.

Other funds
"28M.(1) The Board may apply money (other than money
referred to in section 28L) received by the Board for such
purposes, connected with the Board's powers and functions,
as the Board thinks fit.
"(2) Without limiting the operation of subsection (1), the
Board may apply any such money for any purpose referred to
in section 28L.

Annual report
"28N.(1) The Board must, as soon as practicable after the
end of the financial year of the Board, submit an annual
report to the Commonwealth Minister and the State Minister.
"(2) The Minister must lay the report or cause it to be
laid before each House of the Parliament within 21 sitting
days of that House after receiving the annual report.
"(3) The annual report must contain a report of the
Board's operations during the financial year, together with
financial statements for that year and such other matters as
may be approved by the Minister for Finance or the
Commonwealth Minister and the State Minister.

Bank accounts
"28P.(1) The Board may open and maintain an account or
accounts with an approved bank or banks and must maintain at
all times at least one such account.
"(2) The Board must pay all money of the Board into an
account referred to in subsection (1).

Financial statements and practices
"28Q.(1) The Board must cause proper accounts and records
of its transactions and affairs to be kept in accordance
with the accounting principles generally applied in
commercial practice.
"(2) The financial statements of the Board are to be in a
form approved by the Minister for Finance.
"(3) The Board must do all such things necessary to ensure
that all payments by it are correctly made and properly
authorised and that adequate control is maintained over all
assets of, or in the custody of, the Board and over the
incurring of liabilities by the Board.

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Borrowing by the Board
"28R.(1) The Board may borrow money for the exercise of
its powers and functions.
"(2) The Board must not allow the total of outstanding
debts incurred under subsection (1) to exceed $2,000,000
without the approval in writing of the Commonwealth Minister
and the State Minister.
"(3) An approval may be given in relation to a particular
transaction or a class of transactions.
"(4) Money borrowed under an approval must be on terms and
conditions specified in, or consistent with, the approval.
"(5) Money may be borrowed wholly or partly in foreign
currency.
"(6) The Board must not borrow money except in accordance
with this section.
"(7) The Board may give security over the whole or part of
its assets for the performance of any obligation incurred
under subsection (1).
"(8) In this section:
'borrowing' includes raising money or obtaining credit,
whether by dealing in securities or otherwise, but does not
include obtaining credit in a transaction forming part of
the day-to-day operations of the Board.

Investment of money of Board
"28S. Money of the Board not immediately required for the
purposes of the Board must be invested:
(a) in securities of, or guaranteed by the State, the
Commonwealth or another State; or
(b) on deposit with an approved bank; or
(c) in any other way that is consistent with sound
commercial practice.

Audit
"28T.(1) The Auditor-General must:
(a) inspect and audit:
(i) the accounts and records of financial transactions of
the Board; and
(ii) the records relating to assets of, or in the custody
of, the Board; and
(b) immediately draw the attention of the Commonwealth
and the State Minister to any irregularity disclosed by the
inspection and audit that, in the opinion of the
Auditor-General, is of sufficient importance to justify
doing so.
"(2) The Auditor-General may dispense with all or a part
of the detailed inspection and audit of any accounts or
records referred to in paragraph (1)(a).
"(3) The Auditor-General must, at least once in each
financial year, report to the Commonwealth Minister and the
State Minister the results of the inspection and audit
carried out under paragraph (1)(a).
"(4) The Commonwealth Minister must lay the
Auditor-General's report or cause it to be laid before each
House of the Parliament within 21 sitting days of that House
after receiving the report.
"(5) An authorised auditor is entitled, at all reasonable
times, to full and free access to all accounts, records and
other documents of the Board being accounts, records and
other documents relating directly or indirectly to:
(a) the receipt or payment of money by the Board; or
(b) the acquisition, receipt, custody or disposal of
assets by the Board.
"(6) An authorised auditor may make copies of, or take
extracts from, any accounts, records or other documents
referred to in subsection (5).
"(7) An authorised auditor may require any person to give
such information in the possession of the person, or to
which the person has access, as the authorised auditor
considers necessary for the purposes of the functions of the
Auditor-General under this Act.
"(8) A person must comply with a requirement under
subsection (7).
Penalty: $1,000.
"(9) For the purposes of this section:
'authorised auditor' means the Auditor-General or a person
authorised by the Auditor-General.

Taxation
"28U. The property, income and operations of the Board are
not liable to income tax, pay-roll tax or land tax under the
laws of the Commonwealth or to taxation under any law of the
State to which the Commonwealth is not subject.".

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COAL INDUSTRY AMENDMENT ACT 1992 No. 66 of 1992 - SCHEDULE 4

SCHEDULE 4 Section 3
OTHER AMENDMENTS

Heading to Part I:
Omit "Part I", substitute "Part 1".

Section 4:

Omit the definition of "the Federation".

Heading to Part V:
Omit "V", substitute "5".

Subparagraph 33(b)(ii):
Add at the end "or".

Subparagraph 33(b)(iii):
Omit the subparagraph.

Paragraph 34(1)(d):
Add at the end "and".

Paragraph 34(1)(e):
Omit "Authority; and", substitute "Authority.".

Paragraph 34(1)(f):
Omit the paragraph.

Subsections 34(1B) and (1C):
Omit the subsections.

Subsection 37(1):
Omit the subsection, substitute:
"(1) The Tribunal may establish such Local Coal
Authorities as may be necessary for the purposes of this
Act.
"(1A) The members of a Local Coal Authority comprise:
(a) the Chairperson; and
(b) other members appointed to the Local Coal Authority
where the Authority is to exercise its power in relation to
a particular dispute or matter, being 2 or 3 members
representative of employers and the same number of persons
representative of employees.
"(1B) The Tribunal is to appoint the Chairpersons of Local
Coal Authorities.
"(1C) The other members of a Local Coal Authority are to
be appointed by the Chairperson referred to in paragraph
(1A)(a), according to the subject matter to be dealt with,
from among persons approved by the Tribunal for the purposes
of this section.".

Subsection 37(2):
Before "a Local Coal Authority" insert "the Chairperson
of".

After Subsection 37(2):
Insert the following:
"(2A) Other members of a Local Coal Authority are to be
paid such remuneration and allowances (if any) as the
Tribunal, with the concurrence of the Board, determines.".

Subsection 37(4):
Before "a Local Coal Authority" insert "the Chairperson
of".

Subsection 37(5):
Before "a Local Coal Authority" insert "Chairperson or
other member of".

After subsection 37(5):
Insert:
"(6) The Tribunal may dissolve a Local Coal Authority if
the position of Chairperson is vacant.

Subsections 37A(1) and (2):
Omit the subsections.

Subsection 37A(3):
(a) Omit "Chairman", substitute "Chairperson".
(b) Omit "constituted in accordance with this section".

Subsection 37A(4):
(a) Omit "Chairman", substitute "Chairperson".
(b) Omit "constituted in accordance with this section".

Paragraph 38(1)(c):
Add at the end "and".

Paragraph 38(1)(d):
Omit "Tribunal; and", substitute "Tribunal.".

Paragraph 38(1)(e):
Omit the paragraph.

Subsection 38(4):
Omit "the Board or".

Sections 42, 43 and 48:
Repeal the sections.

Part VI:
Repeal the Part, substitute:

"PART 6 - MISCELLANEOUS
"Division 1 - Inspectors' powers

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Inspectors
"49. The Board may appoint employees of the Board in
writing to be inspectors for the purpose of making
inspections referred to in paragraph 27(a).

Searches
"50.(1) An inspector may enter, at any reasonable time,
any premises for the purpose of making an inspection
referred to in paragraph 27(a) and may do any or all of the
following:
(a) search the premises;
(b) take photographs, or make sketches, of the premises
or any substance or thing at the premises;
(c) inspect any book, record or document kept at the
premises;
(d) remove, or make copies of, any such book, record or
document.
"(2) An inspector may not exercise any powers under this
section in relation to premises unless he or she has:
(a) produced his or her authority for inspection by the
occupier; and
(b) informed the occupier of the purpose of the entry.
"(3) An inspector may not, under this section, enter
premises that are a residence unless the occupier of the
premises has consented to the entry.
"(4) An inspector must use no more force than is
reasonably necessary in effecting an entry on to the
premises.
"(5) If damage is caused to property by an inspector in
exercising a power of entry under this section, reasonable
compensation is payable by the Board to the owner of the
property unless the damage resulted from, or was connected
with, obstruction of the inspector.
"(6) In this section:
'premises' includes buildings, land and coal mines.

Power to require information etc.
"51.(1) An inspector who has entered premises for the
purpose of making an inspection under paragraph 27(a) may,
to the extent that it is reasonably necessary for that
purpose to ascertain whether this Act, the regulations or
orders or requirements made under this Act have been
complied with, require a person to answer any questions put
by the inspector and to produce any books, records or
documents requested by the inspector.
"(2) An inspector is not entitled to make a requirement of
a person under subsection (1) unless the inspector produces
his or her written authorisation for inspection by the
person.

Retention of books, records and documents
"52. If an inspector removes a book, record or document
from premises under subsection 50(1) or a person produces a
book, record or document to an inspector in accordance with
a requirement under subsection 51(1):
(a) the inspector may retain possession of the book,
record or document for such period as is necessary and
reasonable for the purpose of ascertaining whether this Act,
the regulations or orders or requirements have been complied
with; and
(b) during that period the inspector must permit a person
who would be entitled to inspect the book, record or
document if it were not in the inspector's possession to
inspect the book, record or document at all reasonable
times.

"Division 2 - General
Offences
"53.(1) A person must not fail, without reasonable excuse,
to comply with an order made or taken to be made under
section 28 or a requirement made under section 24 by the
Board in accordance with this Act.
Penalty:
(a) in the case of an individual - $3,000; and
(b) in the case of a body corporate - $10,000.
"(2) A person must not, without reasonable excuse, refuse
to answer any question referred to in section 51.
Penalty:
(a) in the case of an individual - $3,000; and
(b) in the case of a body corporate - $10,000.
"(3) A person must not, without reasonable excuse, fail or
refuse to produce any books, records or documents referred
to in section 51.
Penalty:

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(a) in the case of an individual - $3,000; and
(b) in the case of a body corporate - $10,000.
"(4) A person must not knowingly make any false or
misleading statement in answer to any inquiry referred to in
section 51.
Penalty:
(a) in the case of an individual - $6,000; and
(b) in the case of a body corporate - $10,000.
"(5) A person must not assault, delay, obstruct, hinder or
impede an inspector referred to in section 49 in the
exercise of any powers conferred on the inspector under this
Act.
Penalty:
(a) in the case of an individual - $6,000; and
(b) in the case of a body corporate - $10,000.

Service of documents etc.
"54.(1) A document may be served on the Board by leaving
it at, or by sending it by post to, the office of the Board,
or if it has more than one office, any of its offices.
"(2) A requirement made by the Board under section 24 may
be served on any person subject to the requirement
personally or by sending it by post to the person's address
last known to the Board.

Personal liability of members etc.
"55. A matter or thing done by the Board, a member of the
Board or any person acting under the direction of the Board
does not, if the matter or thing was done in good faith for
the purposes of executing this or any other Act, subject the
member or a person so acting personally to any action,
liability, claim or demand.

Regulations
"56.(1) The Governor-General may, on the recommendation of
the Commonwealth Minister with the agreement of the State
Minister, make regulations prescribing all matters:
(a) required or permitted by this Act to be prescribed;
or
(b) necessary or convenient to be prescribed for carrying
out or giving effect to this Act.
"(2) A regulation may create an offence punishable by a
penalty not exceeding $500.

Savings and transitional provisions
"57. The provisions in the Schedule have effect.".

After Part VI:
Add the following Schedule:

"SCHEDULE Section 57
SAVINGS AND TRANSITIONAL PROVISIONS CONSEQUENTIAL ON THE
COAL INDUSTRY AMENDMENT ACT 1992

Interpretation
"1. In this Schedule:
'the amendment day' means the day on which subsection 3(1)
of the Coal Industry Amendment Act 1992 commences.

Continuity of existence of the Board not affected
"2. Nothing in the Coal Industry Amendment Act 1992
affects:
(a) the continued existence of the Board; or
(b) the continued membership of the Board of a person who
was a member of the Board immediately before the amendment
day.

Local Coal Authorities
"3.(1) Where, immediately before the amendment day, a
Local Coal Authority existed ('the former Authority'):
(a) the Tribunal is taken to establish a Local Coal
Authority ('the continued Authority') under section 37 on
that day with the same limits as the former Authority; and
(b) the person who constituted the former Authority is
taken to be appointed as Chairperson of the continued
Authority for the remainder of the period of his or her
appointment as the former Authority and under the same terms
and conditions.
"(2) The continued Authority is to exercise its powers in
relation to any matter or dispute in relation to which the
former Authority was exercising its powers immediately
before the amendment day.
"(3) A person who, immediately before the amendment day,
was a member of the former Authority selected under section
37A in relation to a dispute or matter as representing
employers or employees, is taken to be appointed under
subsection 37(1C) to the continued Authority in relation to
that dispute or matter with the same remuneration and
allowances (if any).

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"(4) If the former Authority was, immediately before the
amendment day, exercising its powers in relation to a
dispute or matter that was not subject to section 37A, the
continued Authority may decide the matter without any
members appointed under paragraph 37(1A)(b).

Staff of the Board
"4. A person who, immediately before the amendment day,
was an officer or employee of the Board continues to be
employed as a member of the staff of the Board on the same
terms and conditions.

Certain Orders to be continued
"5.(1) Orders Nos. 5, 10, 34, 35, 36 and 40 made under
this Act by the Board, and in force immediately before the
amending day, continue in force and may be amended or
revoked in the same way as an Order made by the Board under
section 28.
"(2) Any approval or consent given under Order No. 34 or
40, and in force immediately before the amending day, has
effect until amended or revoked by the Board or until the
relevant provision of the Order ceases to have effect.
"(3) Despite subclause (1):
(a) Order No. 34 has no effect if a direction is given
that the Board is to cease to have the functions referred to
in paragraph 25(a); and
(b) Order No. 36 has no effect if a direction is given
that the Board is to cease to have the functions referred to
in paragraph 25(b); and
(c) Order No. 40 has no effect if a direction is given
that the Board is to cease to have the functions referred to
in paragraph 25(c).

Board's funds
"6.(1) Section 28L applies to money standing to the credit
of the Workers' Compensation Fund immediately before the
amendment day.
"(2) Money standing to the credit of the Welfare Fund
immediately before the amendment day must be applied, as the
Board determines, so as to promote the welfare of workers
and former workers in the coal industry in the State, their
dependants and communities in coal mining areas.
"(3) Section 28M applies to other money standing to the
credit of the Board immediately before the amendment day.

Workers' compensation schemes
"7. Any workers' compensation scheme established by the
Board and in operation under this Act immediately before the
amendment day is taken to have been established by the Board
under section 26 of this Act as in force on that day.

General effect of repeal etc. of provisions
"8.(1) The amendment or repeal of a provision of this Act
by the Coal Industry Amendment Act 1992 does not affect:
(a) the previous operation of the provision or anything
duly suffered, done or commenced under the provision; or
(b) any right, privilege, obligation or liability
acquired, accrued or incurred under the provision; or
(c) any penalty incurred in respect of any offence
arising under the provision; or
(d) any investigation, legal proceeding or remedy in
respect of any such right, privilege, obligation, liability
or penalty;
and any such penalty may be imposed and enforced, and any
such investigation, legal proceeding or remedy may be
instituted, continued or enforced, as if the provision had
not been amended or repealed.
"(2) Without limiting the effect of subclause (1), the
amendment or repeal of a provision does not affect the proof
of any past thing, any right, privilege, obligation or
liability saved by the operation of the provision or any
amendment or validation made by the provision.
"(3) This clause applies in addition to, and without
limiting the effect of, any other provision of this
Schedule.

Regulations
"9.(1) The regulations may make further provision of a
savings or transitional nature consequent on the enactment
of the Coal Industry Amendment Act 1992.
"(2) Any such provision may, if the regulations so
provide, take effect from the amendment day or a later date.
"(3) To the extent to which such a provision takes effect
from a date that is earlier than the date of its publication
in the Gazette, the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person
(other than the State or an authority of the State), the
rights of that person existing before the date of its
publication; or
(b) to impose liabilities on any person (other than the
State or an authority of the State) in respect of anything
done or omitted to be done before the date of its
publication.".

COAL INDUSTRY AMENDMENT ACT 1992 No. 66 of 1992 - SCHEDULE 5

SCHEDULE 5 Section 3
AMENDMENTS CONSEQUENTIAL ON THE INDUSTRIAL RELATIONS ACT
1991 OF NEW SOUTH WALES

Paragraph 30(4)(a):
Omit "Industrial Commission of the State", substitute
"Industrial Relations Commission of the State or the
Industrial Court of the State".

Paragraph 30(4)(b):
Omit "Industrial Commission of the State", substitute
"Industrial Relations Commission of the State or the
Industrial Court of the State".

NOTE ABOUT SECTION HEADING
1. After the commencement of subsection 3(1) of this Act,
the heading to section 37A of the Principal Act is altered
to "Proceedings of Local Coal Authorities".