Coal and Oil Shale Mine Workers (Pensions) Act Amendment Act of 1942 (6 Geo Vi No. 13) (Qld)

MINING. 6 GEO. VI. No. 13,1942. Coal and Oil, Etc. (Pensions) Amendment Act, 209 . MINING. An A.ct to Amend "The Coal and Oil Shale Mine 6 N GE o O .1 . 3 V . I. THE COAL . Workers (Pensions) Act of 1941 " in certain SHAANLDE MOIILNE particulars. WORKERS (PENSIONS) ACT [ASSENTED TO 30TH SEPTEMBER, 1942.] A A C M T EN O D F M 1 E 9 N 4 T 2. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queenslandin Parliament assembled, and by the authority of the same, as follows:- . 1. This Act may be cited as "The Coal and Oil Short title Shale Mine Workers (Pensions) Act Amendment Act of:!truction. 1942," and shall be read as one with *" The Coal and Oil Shale Mine Workers (Pensions) Act of 1941," herein referred to as the Principal Act. The Principal Act and this Act may collectively be Collective cited as" The Coal and Oil Shale Mine Workers (Pensions) title. Acts, 1941 to 1942." Amendments of the Principal Act. 2 The following section, numbered 2A, is inserted ~ ew s. 2A after section two of the Principal Act, namely:- mserted. "[2A.] (1.) A reference in this section to the Exte~ ion of commencement 0 f t h I · S sectI . On s h · a 11 b e construe d as a" de M fin i i n t e IOn of reference to the date on which Royal Assent to *" The worker." Coal and Oil Shale Mine Workers (Pensions) Act Amendment Act of 1942" is signified. (2.) As from the commencement of this section the definition of" mine worker" in subsection one of section two of this Act shall be extended to include the manager and under manager of a mine (including the manager and under manager appointed by a tribute party), every coke worker who is employed in or about a coal mine in Queensland by the owner of the mine, every inspector appointed under t" The Coal Mining Acts, 1925 to 1940," (including the chief inspector of coa.l mines a.nd any assistant inspector or electrical inspector so appointed) who is not a contributor to the Public Service Superannuation Fund established under t" The Public Service Superannuation Acts, 1912 to 1937," and the classes ... 5 G. 6 No. 24. See 1941 Sess. v., p. 195. t 16 G. 5 No. 30 and amending Acts. See v. 6, pp. 646 et seq. 1: 3 G. 5 No. 28 and ameIl,.ding Acts. See v. 7, pp. 1110 et seq.

210 MINING. Coal and Oil, Etc. (Pensions) Amendment Act. 6 GEO. VI. No. 13, of persons referred to in paragraphs (ii.), and (vi.) of the proviso to that definition and a person engaged in clerical work in connection with a coal or oil shale mine where such person is employed in or about a coal or oil shale mine by the owner of the mine. (3.) Excepting coke workers who are employed in or about a coal mine in Queensland by the owner of the mine, the retiring age of persons who are members of the classes referred to in subsection two of this section shall be sixty-five years. (4.) As from the commencement of this section the provisions of this Act shall, subject to this section, apply to and in respect of persons who are members of the classes referred to in subsection two of this section: Provided that the provisions of this Act, in their application to and in respect of persons who are members of the classes referred to in subsection two of this section, shall be deemed to be modified to the following extent, that is to say: Section five of this Act shall (except in respect of coke workers who are employed in or about a coal mine in Queensland bythe ownerof the mine) have and take effect as if the age of sixty-five years were substituted for the age of sixty years referred to therein, and references, expressed or implied, in that section to the commencement of Part H. of this Act, shall be construed as references to the commencement of this section, and references in this Act to the " date of retirement" shall be construed accordingly." Amendment 3. The words " but such mine worker shall not, in ofs.3 (1). respect of the period of such absence, be required to pay any contributions to the Tribunal in respect of the Fund established under Part IV. of this Act" are added to subsection one of section three of the Principal Act. Amendment 4. The following proviso is added to subsection of s. 6 (3). three of section six of the Principal Act, namely : - " Provided that a mine worker shall not be eligible for a pension under this subsection if during the three years immediately preceding the commencement of this Part or the date upon which he made application for a pension, whichever is the later, he has not been engaged in the coal or oil shale mining industries in Queensland and during such period he has in the opinion of the Tribunal been continuously engaged in work other than as a mine worker."

MINING. 211 1942. Goal and Oil, Etc. (Pensions) Amendment Act. 5. Subsection one of section seven of the Principal ~ e~ ~ ~ ) ent Act is amended as follows :_ 0 s. . (a) The words "or to be employed in full time employment in any other work" are inserted after the words" mine worker" in paragraph (b) thereof. (b) The proviso thereto is repealed and the· following proviso is inserted in lieu thereof, namely :- " Provided that a mine worker shall not be eligible for a pension under this subsection- (i.) Where the injury giving rise to the incapacity was an intentional self-inflicted injury; or (ii.) Where since the date of the injury giving rise to the incapacity he has in the opinion of the Tribunal been continuously engaged for a period of three years in any work other than as a mine wo:r;ker." 6. The following subsection, numbered (lA), is ~ ew s. 8 (lA) inserted after subsection one of section eight of the mserted. Principal Act, namely :- "(lA.) Notwithstanding anything in subsection one of this section the Tribunal may refuse to award an addition to the pension of a mine worker in respect of his wife or may cancel or suspend so much of any pension as consists of such addition where it is satisfied that the wife is living apart from her husband and that the husband is not maintaining or contributing to the support of his wife." 7 Subsection one of section nine of the Principal A; ne~ t) nt Act is amended as follows :_ 0 s. . (i.) The following paragraphs respectively lettered (b), (c), and (d) are inserted after paragraph (a) thereof, namely:- " (b) A mine worker whose death occurs before he has applied for or been awarded a pension for which he was eligible under section six or section seven of this Act; or (c) A mine worker of or above the age of sixty years whose death occurs before his date of retirement and who, if the date of his death had been his date of retirement, would have been eligible for a pension under section six of this Ad; or

212 MINING. Ooal and Oil, Etc. (Pensions) Amendment Act. 6 GEO. VI. No. 13, (d) A mine worker whose death occurs before he reaches the age of sixty years and who, if he had been of or above the age of sixty years at the date of his death and such date had been his date of retirement, would have been eligible for a pension under section six of this Act; or" (ii.) Paragraph (b) thereof is relettered (e). i N n e s w ert s e . d 9 . A after· 8 s . ecTtihoen fnoilnloewoifngthesePctriionnc, ipnaul mAbcet,rendam9A el , yis: - inserted Limit to . "[9A.] Except as hereinafter provided in this section : = ~ctlve a pension for which any person is eligible under section six pension. or section seven or section nine of this Act shall not be paid to such person for any week prior to the period of three months next preceding the date upon which he or she lodged with the Tribunal his or her application for such pension: Provided that where the Tribunal is satisfied that an applicant did not wilfully omit or neglect to lodge his or her application within the period of three months next succeeding the date when he or she became eligible for the pension applied for, the Tribunal may award such pension on and from such date prior to the period of three months next preceding the date of the application as it shall fix." Repeal of 9. Subsection four of section ten of the Principal n. s. 10 (4). Act is repealed as from the date upon which Part of the Principal Act came into operation. N in e se w r s te . d lO . A 'after 1 se 0 c . tiTonhetefnolloofwthinegPsreicntcioipna,lnAucmt, bneraemde l l O y A : , - is inserted, "[lOA.] The Tribunal may cancel any pension awarded under this Act where it is satisfied that the award of the pension was improperly obtained or that the award of the pension was contrary to the provisions of this Act." Amendment 11. Section twelve of the Principal Act is amended of 8. 12. as follows : - (a) The words "mine worker" are repealed and the words " person eligible for a pension under this Act" are inserted in lieu thereof.

1942. MINING. Coal and Oil, Etc. (Pensions) Amendment Act. 213 (b) The word" widow's" is inserted therein after the word " old-age." (c) The following proviso is add~ d thereto, namely : - " Provided that in no case shall the amount to be deducted on account of any dependant exceed the addition to the pension payable in respect of such dependant in accordance with section eight of this Act." 12. The following paragraph, lettered (c), is added Amendment to subsection two of section seventeen of the Principal of s. 17 (c). Act, namely :- " (c) Stamp duty chargeable upon receipts given for or upon the payment of pensions shall be payable out of the Fund." 13. Section eighteen of the Principal Act is amended Amendment as follows:- of s. 18. (a) In paragraph (b) of subsection two thereof the words "thirteen thousand pounds" are repealed and the words "fifteen thousand pounds" are inserted in lieu thereof. (b) The following proviso is added to subsection six thereof, namely :- " Provided that a mine worker shall not, in respect of any period during which- (i.) He is employed otherwise than as a mine worker; or (ii.) He is unable to obtain employment as a mine worker; or (iii.) He is absent from his employment as a mine worker due to· illness or accident, be required to pay any contributions to the Tribunal in respect of the Fund."