Federal Register of Legislation - Australian Government

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Coal Industry Legislation Amendment Act 1992

  • - C2004A04503
  • No longer in force
Act No. 212 of 1992 as made
An Act to amend the Coal Industry Act 1946 and the Industrial Relations Act 1988.
Date of Assent 24 Dec 1992
Date of repeal 10 Mar 2016
Repealed by Amending Acts 1990 to 1999 Repeal Act 2016
 

COAL INDUSTRY LEGISLATION AMENDMENT ACT 1992 No. 212, 1992

COAL INDUSTRY LEGISLATION AMENDMENT ACT 1992 No. 212 of 1992 - LONG TITLE

An Act to amend the Coal Industry Act 1946 and the
Industrial Relations Act 1988.

COAL INDUSTRY LEGISLATION AMENDMENT ACT 1992 No. 212 of 1992 - SECT 1
Short title

(Assented to 24 December 1992)
1. This Act may be cited as the Coal Industry Legislation Amendment Act 1992.

(Minister's second reading speech made in-
Senate on 17 September 1992
House of Representatives on 16 December 1992)

COAL INDUSTRY LEGISLATION AMENDMENT ACT 1992 No. 212 of 1992 - SECT 2
Commencement

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

(2) Subject to subsection (3), section 3 commences on a day to be fixed by Proclamation.

(3) If section 3 does not commence within the period of 12 months beginning on the day on which this Act receives the Royal Assent, section 3 is repealed on the first day after the end of that period.

(4) Subject to subsection (5), section 4 commences on a day to be fixed by Proclamation.

(5) If section 4 does not commence within the period of 12 months beginning on the day on which this Act receives the Royal Assent, section 4 is repealed on the first day after the end of that period.

COAL INDUSTRY LEGISLATION AMENDMENT ACT 1992 No. 212 of 1992 - SECT 3
Amendments relating to the provision of administrative support for the
Coal Industry Tribunal and Local Coal Authorities

3. The Acts specified in Schedule 1 are amended as set out in that Schedule.

COAL INDUSTRY LEGISLATION AMENDMENT ACT 1992 No. 212 of 1992 - SECT 4
Amendments relating to audit of the Joint Coal Board

4. The Act specified in Schedule 2 is amended as set out in that Schedule.

COAL INDUSTRY LEGISLATION AMENDMENT ACT 1992 No. 212 of 1992 - SCHEDULE 1

SCHEDULE 1 Section 3
AMENDMENTS RELATING TO THE PROVISION OF
ADMINISTRATIVE SUPPORT FOR THE COAL INDUSTRY
TRIBUNAL AND LOCAL COAL AUTHORITIES
Coal Industry Act 1946
Section 28K:
Omit all the words after "Parliament", substitute "for the purposes
of the Board".
Subsections 37(2) and (2A):
Omit ", with the concurrence of the Board,".
Section 40:
Repeal the section.
Industrial Relations Act 1988
Paragraph 67(2)(b):
Omit "of the Industrial Registry", substitute "conferred on the
Industrial Registry by this Act".
Paragraph 75(2)(b):
Omit "of the Industrial Registry", substitute "conferred on the
Industrial Registry by this Act".
After section 78:
Insert:

"Division 2A-Administrative support for the Coal Industry Tribunal
and Local Coal Authorities
Interpretation
"78A. In this Division:
'administrative support function' means the function of providing
administrative support to the Tribunal and to Local Coal Authorities;
'Local Coal Authority' means a Local Coal Authority established by
the Tribunal;
'State Act' means the Coal Industry Act 1946 of New South Wales;
'Tribunal' has the same meaning as in the Coal Industry Act 1946.

Object of joint Commonwealth/New South Wales scheme
"78B. The object of the joint legislative scheme constituted by this
Division and by complementary provisions of the State Act is to confer
the administrative support function on the Industrial Registry.

Conferral of administrative support function to the extent of
Commonwealth legislative power
"78C.(1) The administrative support function is conferred on the
Industrial Registry.

"(2) The Industrial Registrar:
(a) must perform the function conferred on the Industrial Registry by
this section; and
(b) has such powers as are necessary for the performance of that
function.

"(3) Subject to the directions of the Industrial Registrar, each
Deputy Industrial Registrar:
(a) must perform the function conferred on the Industrial Registry by
this section; and
(b) has such powers as are necessary for the performance of that
function.

"(4) This section confers functions and powers to the extent to which
they are not in excess of the legislative power of the Commonwealth.

State Act may confer administrative support function to the extent of
State legislative power
"78D.(1) This section applies if the State Act contains provisions
about the administrative support function which are complementary to
section 78C of this Act.

"(2) The Industrial Registry may perform the function conferred by
the complementary provisions of the State Act.

"(3) The Industrial Registrar, and each Deputy Industrial Registrar,
may perform the functions, and exercise the powers, conferred by the
complementary provisions of the State Act.

Management of Industrial Registry-needs of Tribunal and Local Coal
Authorities to be considered
"78E. In allocating and managing the resources of the Industrial
Registry, the Industrial Registrar must have regard to the needs of the
Tribunal and Local Coal Authorities.".

COAL INDUSTRY LEGISLATION AMENDMENT ACT 1992 No. 212 of 1992 - SCHEDULE 2

SCHEDULE 2 Section 4
AMENDMENTS RELATING TO AUDIT OF THE
JOINT COAL BOARD
Coal Industry Act 1946
Subsection 28N(2):
Insert "Commonwealth" before "Minister".
Subsection 28N(3):
Omit the subsection, substitute:

"(3) The annual report must contain:
(a) a report of the Board's operations during the financial year; and
(b) financial statements for that year in such form as the Minister
for Finance approves; and
(c) statements about such other matters as the Minister for Finance
may require; and
(d) statements about such other matters as the Commonwealth Minister
and the State Minister may require.

"(4) Before submitting the annual report to the Commonwealth Minister
and the State Minister under subsection (1), the Board must submit the
financial statements set out in the report to the Auditor-General, who
must report to the Ministers:
(a) whether, in the Auditor-General's opinion, the statements are
based on proper accounts and records; and
(b) whether the statements are in agreement with the accounts and
records and, in the Auditor-General's opinion, show fairly the
financial transactions and the state of affairs of the Board; and
(c) whether, in the Auditor-General's opinion, the receipt,
expenditure and investment of money, and the acquisition and the
disposal of assets, by the Board during the financial year have been in
accordance with this Act; and
(d) as to such other matters arising out of the statements as the
Auditor-General considers should be reported to the Ministers.

"(5) The Commonwealth Minister must cause the Auditor-General's
report to be laid before each House of the Parliament within 21 sitting
days of that House after receiving that report.".
Subsection 28T(4):
Omit the subsection.