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.

(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

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

(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