Coal Excise Regulations 1949
Statutory Rules 1949 No. 112 as amended
made under the
Coal Excise Act 1949
This compilation was prepared on 4 May 2001
taking into account amendments up to SR 2001 No. 83
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents
Page
	1	Name of Regulations [see Note 1]	3
	2	Interpretation	3
	3	Forms	3
	4	Licence-fee	3
	5	Application for licence	3
	6	Licence	3
	7	Returns	3
	9	Declarations by agents	4
	10	False or misleading statement	4
The Schedule		5
Form 1	Application for a licence to produce coal	5
Form 2	Licence to produce coal	6
Form 3		7
Form 5	Authority to agent to sign declarations	8
Notes	9

  
  
1	Name of Regulations [see Note 1]
		These Regulations are the Coal Excise Regulations 1949.
2	Interpretation
		In these Regulations, the Act means the Coal Excise Act 1949.
3	Forms
		In these Regulations, any reference to a form shall be read as a reference to a form in the Schedule to these Regulations.
4	Licence-fee
		The annual licence-fee shall be Ten dollars.
5	Application for licence
		An application for a licence shall be in accordance with Form 1.
6	Licence
		A licence shall be in accordance with Form 2.
7	Returns
		A return referred to in section 22 of the Act shall be:
	(a)	in accordance with Form 3;
	(b)	verified by the declaration contained in that form;
	(c)	prepared in respect of such period as is approved by the Collector in pursuance of subsection (2) of section 24 of the Act; and
	(d)	rendered to the Collector within 28 days after the expiration of the period to which it relates.
9	Declarations by agents
	(1)	Forms containing declarations may be signed by a duly authorized agent in cases where the principal is legally incapable of making a declaration.
	(2)	An officer may require from any agent the production of a written authority from the principal for whom the agent claims to act and in default of the production of such authority may refuse to recognize the agency.
	(3)	A declaration made by an agent in pursuance of this regulation shall be held to have been made with the knowledge and consent of the principal, so that in any prosecution in respect of any declaration made by any such agent the principal shall be liable only to the pecuniary punishment provided by the Act or these Regulations as if such declaration had been made by the principal.
	(4)	An authority under this regulation may be in accordance with Form 5.
10	False or misleading statement
		A person shall not knowingly:
	(a)	make a declaration; or
	(b)	render a return;
		under these Regulations which is false or misleading in any particular.

The Schedule	  
(regulation 5)
Form 1	Application for a licence to produce coal
Commonwealth of Australia
Coal Excise Act 1949
APPLICATION FOR A LICENCE TO PRODUCE COAL
To the Collector
I,	(a) of	(b) hereby apply for a licence to produce coal.
The production of coal is to be carried on at	(c)
and the coal mine is known as	(d).
Attached to this application is a plan showing the whole of the area in which the production of coal is to be carried on.
I declare that the statements contained in this application are true in every particular.
Dated this	day of	20	.
	Applicant
(a)	Full name of applicant.
(b)	Full address of applicant.
(c)	Full description of locality.
(d)	Name (if any) of coal mine.
Form 2	Licence to produce coal
(regulation 6)
Commonwealth of Australia
Coal Excise Act 1949
LICENCE TO PRODUCE COAL

In pursuance of section twelve of the Coal Excise Act 1949.
	of	is hereby licensed to produce coal at the coal mine known as	and situated at	
Dated this	day of	20	.
	Collector
Form 3	  
(regulation 7)
Commonwealth of Australia
Coal Excise Act 1949
RETURN OF COAL PRODUCED AND REMOVED BY (a) 
DURING THE PRIOD FROM MIDNIGHT ON THE 	 DAY
OF	20	, TO MIDNIGHT	 ON
THE 	DAY OF	, 20	.

Name and location of coal mine	
Number of tonnes of coal produced	Number of tonnes of coal removed for home consumption	Number of tonnes of coal removed for exportation	

				
I, (b)	, the (c)	, hereby declare that the above return is true and correct in every particular.
(Signature of person making declaration.)
Declared at	the	 day of	, 20     .
Before me,
(Description of person taking declaration.)
(a)	Insert name of producer.
(b)	Insert name of person making declaration.
(c)	Insert “abovementioned producer” or “authorized agent of the abovementioned producer” whichever is applicable.
Form 5	Authority to agent to sign declarations
(regulation 9)
Commonwealth of Australia
Coal Excise Regulations 1949
AUTHORITY TO AGENT TO SIGN DECLARATIONS
(a)	hereby authorizes (b)
(whose signature appears below) to sign as it agent forms containing declarations prescribed by the Coal Excise Regulations 1949.
Dated at	the	day 
of	20	.
In witness whereof the Common Seal of the (c)
was affixed hereto in the presence of
Person authorized.
To the Collector 
(a)	Name of principal.
(b)	Name of person authorized.
(c)	“Company”, “Corporation”, or as the case may be.

Notes to the Coal Excise Regulations 1949
Note 1
The Coal Excise Regulations 1949 (in force under the Coal Excise Act 1949) as shown in this compilation comprise Statutory Rules 1949 No. 112 amended as indicated in the Tables below. 
Table of Statutory Rules
Year and 
number	Date of notification 
in Gazette	Date of
commencement	Application, saving or
transitional provisions	
1949 No. 112	1 Dec 1949	1 Dec 1949		
1951 No. 104	18 Sept 1951	18 Sept 1951	—	
1961 No. 79	30 June 1961	30 June 1961	—	
1967 No. 33	30 Mar 1967	30 Mar 1967	—	
1969 No. 78	29 May 1969	29 May 1969	R. 2	
1969 No. 207	18 Dec 1969	18 Dec 1969	R. 2	
1972 No. 95	29 June 1972	1 July 1972	—	
1981 No. 150	23 June 1981	23 June 1981	—	
2001 No. 83	4 May 2001	4 May 2001	—	
Table of Amendments
ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted	
Provision affected	How affected	
R. 1		rs. 2001 No. 83	
R. 4		am. 1967 No. 33; 1969 No. 207	
R. 7		am. 1981 No. 150	
R. 8		rs. 1967 No. 33	
	rep. 1969 No. 78	
R. 8A		ad. 1961 No. 79	
	rep. 1967 No. 33	
R. 9		am. 2001 No. 83	
The Schedule		am. 1951 No. 104; 1961 No.  79; 1967 No. 33; 1972 No. 95; 2001 No. 83