Federal Register of Legislation - Australian Government

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SR 1993 No. 136 Regulations as made
Principal Regulations
Administered by: Jobs and Small Business (part of the Jobs and Innovation portfolio)
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR17-Aug-1993
Tabled Senate17-Aug-1993
Gazetted 23 Jun 1993
Date of repeal 01 Jul 2018
Repealed by Coal Mining Industry (Long Service Leave) Administration Regulations 2018

Statutory Rules 1993   No. 1361

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Coal Mining Industry (Long Service Leave Funding) Regulations

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Coal Mining Industry (Long Service Leave Funding) Act 1992.

Dated 22 June 1993.

 

                                                                                    BILL HAYDEN

                                                                                   Governor-General

By His Excellency’s Command,

 

M. LAVARCH

Attorney-General for
Minister for Industrial Relations

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Citation

               1.   These Regulations may be cited as the Coal Mining Industry (Long Service Leave Funding) Regulations.

[NOTE:  These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

Interpretation

               2.   (1)    In these Regulations, unless the contrary intention appears:

“Act” means the Coal Mining Industry (Long Service Leave Funding) Act 1992;

“administrator” means a person with whom the Corporation proposes to enter into, or has entered into, a contract to administer the Fund;

“officer”, in relation to a corporation that is an administrator, means a person who:

             (a)   is a director (within the meaning of the Corporations Law) of the administrator; or

             (b)   is an executive officer of the administrator; or

             (c)   has control or substantial control of the administrator.

Qualifications of Fund administrator

               3.   (1)    The Corporation must be satisfied on reasonable grounds that an administrator meets the requirements set out in subregulation (2) or (3), as the case requires.

             (2)   If the administrator is an individual, the requirements are that:

             (a)   the administrator has educational qualifications and experience appropriate to administer the Fund; and

             (b)   the administrator is not an insolvent under administration within the meaning of the Corporations Law; and

             (c)   the administrator has not within the last 10 years been convicted of an offence involving financial dishonesty; and

             (d)   the administrator is of good fame and character; and

             (e)   the administrator will be an honest, efficient and fair administrator of the Fund.

             (3)   If the administrator is a corporation, the requirements are that:

             (a)   the administrator is not an externally administered body corporate within the meaning of the Corporations Law; and

             (b)   subject to subregulation (4), each officer of the administrator meets the requirements set out in subregulation (2).

             (4)   The Corporation may appoint a corporation as administrator even though not every officer of the administrator meets the requirements set out in subregulation (2), if the Board is satisfied that the administration of the Fund is not likely to be prejudiced by the circumstance that 1 or more officers do not meet those requirements.

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NOTE

1.   Notified in the Commonwealth of Australia Gazette on 23 June 1993.