Federal Register of Legislation - Australian Government

Primary content

SR 1993 No. 136 Regulations as amended, taking into account amendments up to Coal Mining Industry (Long Service Leave Funding) Amendment Regulations 2011 (No. 1)
Principal Regulations
Administered by: Employment
Registered 04 Jan 2012
Start Date 01 Jan 2012
End Date 28 Feb 2017
Date of repeal 01 Jul 2018
Repealed by Coal Mining Industry (Long Service Leave) Administration Regulations 2018
Table of contents.

Commonwealth Coat of Arms

Coal Mining Industry (Long Service Leave) Administration Regulations 1993

Statutory Rules 1993 No. 136 as amended

made under the

This compilation was prepared on 1 January 2012
taking into account amendments up to SLI 2011 No. 243

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra


Contents

                        1      Name of Regulations [see Note 1]                                    3

                        2      Interpretation                                                                   3

                        3      Qualifications of Fund administrator                                 3

                        4      Waiver agreements — prescribed employees                   4

Notes                                                                                                            6

 


  

  

1              Name of Regulations [see Note 1]

                These Regulations are the Coal Mining Industry (Long Service Leave) Administration Regulations 1993.

Note   The original title of these Regulations was the Coal Mining Industry (Long Service Leave Funding) Regulations 1993.

2              Interpretation

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

Act means the Coal Mining Industry (Long Service Leave) Administration Act 1992.

Note   The original title of the Act was 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.

3              Qualifications of Fund administrator

         (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

4              Waiver agreements — prescribed employees

                For subsection 39B (1) of the Act, the table sets out kinds of eligible employees.

 

Item

Kind of eligible employee

1

An eligible employee who:

   (a)  is at least 55; and

  (b)  has no qualifying service for the purposes of section 39A of the Act

2

An eligible employee who:

   (a)  is at least 55; and

  (b)  has at least 8 years of qualifying service for the purposes of section 39A of the Act

3

An eligible employee who is a manager of a corporation that is an employer of eligible employees in the black coal mining industry

4

An eligible employee who is a senior professional employee engaged in the management of a corporation that is an employer of eligible employees in the black coal mining industry

5

An eligible employee whose annual salary (including allowances) is:

   (a)  in 2012 — at least $162 000; and

  (b)  in a subsequent year — $162 000, as adjusted by the annual rate of the Consumer Price Index for 2012 and then for each completed year (if any) after 2012

6

An eligible employee who is employed under an under-graduate placement or a work training placement

Note   Eligible employees of these kinds may make a waiver agreement with their employer as described in section 39B of the Act.

 


Notes to the Coal Mining Industry (Long Service Leave) Administration Regulations 1993

Note 1

The Coal Mining Industry (Long Service Leave) Administration Regulations 1993 (in force under the Coal Mining Industry (Long Service Leave) Administration Act 1992) as shown in this compilation comprise Statutory Rules 1993 No. 136 amended as indicated in the Tables below.

Table of Instruments

Year and
Number

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

1993 No. 136

23 June 1993

23 June 1993

 

2011 No. 243

15 Dec 2011 (see F2011L02684)

1 Jan 2012

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 1......................................

rs. 2011 No. 243

R. 2......................................

am. 2011 No. 243

R. 4......................................

ad. 2011 No. 243