Coal and Oil Shale Mine Workers (Pensions) Act of 1941 (5 Geo Vi No. 24) (Qld)

MiINING. 5 GEO. VI. No. 24, 1941. Coal and Oil Shale Mine Workers, Etc., Act. .195 MINING. (1) Coal and Oil Shale Mine Workers (Pensions) Act of 1941 .. 5 Geo. VI. No. 24 (2) Mining for Coal and Mineral Oil Acts Amendment Act of 1941 .. 6 Gea. VI. No. 2 An Act to Make Provision for and with respect to 5 * ~ . o2JI· the Payment ofPensions to Persons Employed THE I , n the Coa1 or 0' I1 Sha1e lVI" lnlng I n d ustr ' les, CO S A ~ L ~ ! A K ND : ~ O E IL and in Certain Callings related thereto, and ( Pl~ : l~ ~ S) to Certain Other Persons upon Retirement 1941. or Incapacity; and for purposes connected therewith. [ASSENTED TO STH DECEMBER, 1941.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I.-PRELIMINARY. PART I.- PRELIMINARY. 1. (i.) This Act may be cited as " The Goal and Oil Short title, Shale Mine Workers (Pensions) Act of 1941." : : ~ : ~ ~ . construction. (2.) This Act is divided into Parts, as follows : - Parts of Act. PART I.-PRELIMINARY (ss. 1-4); PART Il. - COMPULSORY RETffiEMENT AND PENSIONS (ss. 5-13); PART IlI.-THE TRIBUNAL (ss. 14-16); PART IV.-FuNDS AND CONTRIBUTIONS (ss. 17, IS); PART V.-MrSCELLANEOUS (ss. 19-31). (3.) (a) Parts I. and V. of this Act shall commence on the day upon which the assent of His Majesty to this Act is signified. (b) Parts Il., Ill., and IV. of this Act shall commence upon such day or days as may be appointed by the Governor in Council and notified by Proclamation published in the Gazette. A different day may be so appointed and notified in respect of any of such Parts.

196 MINING. PART 1.- PRELIMINARY. Coa~ and Oil Shale Mine Workers, Etc., Act. 5 GEO. VI. No. 24, (4.) This Act shall be read and construed subject to the *Oommonwealth of Australia Oonstitution Act and so as not to exceed the legislative power of the State to the intent that where any provision of this Act or of the regulations or the application thereof to any person or circumstance is held invalid, the remainder of this Act or of such regulations and the application of such provision to other persons or circumstances shall not be affected. (5.) This Act shall be read and construed with t" The Ooal Mining Acts, 1925 to 1940" (including any Act amending or in substitution for such Acts). Meaning of terms. Injury. Mine worker. 2. (1.) In this Act, unless the context or subject- matter otherwise indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say :- " Injury "-Any personal injury by accident happening to a mine worker while he is employed as such and which entitles him to compensation in accordance with t" The Workers' Oompensation Acts, 1916 to 1939" (or any Act amending or in substitution for such Acts): the term includes any disease incapacity due to which is in the case of a mine worker deemed under the said Acts to be a personal injury by accident suffered by the mine worker concerned at the mine where he is employed; " Mine worker "- (a) A person who is employed (whether underground or above ground) in or about a coal or oil shale mine in Queensland by the owner of the mine, (b) A person who was, at any time after the first day of January, one thousand nine hundred and twenty-eight, engaged in the coal or oil shale mining industries in Queensland, * 63 and 64 V. c. 12. See v. 1, p. 844. t 16 G. 5 No. 30 and amending Acts. See v. 6, pp. 646 et seq. ~ 6 G. 5 No. 35 and amending Acts. See v. 4, pp. 834 et seq.

1941. MINING. Coal and Oil Shale Mine Workers, Etc., Act. 197 PAR!f 1.- PRELIllINART. (c) A person who has, at any time after the first day of February, one thousand nine hundred and thirty, and before the commencement of Part n. of this Aot, become permanently incapacitated by injury by an accident which happened to him while he was employed in or about a coal or oil shale mine in Queensland and which entitled him to compensation in accordance with the provisions of *" The Workers' Oompensation Act of 1916," as amended by subsequent Acts in force when the accident happened (including any disease incapacity due to which was in the case of such person deemed to be a personal injury by accident suffered by him at the mine where he was employed), (d) A person working (whether underground or above ground) in or about a small coal or oil shale mine in Queensland, (e) A person who is employed by the owner of a coal or oil shale mine in Queensland and who, in the course of such employment, is principally engaged in the transport of coal or oil shale from the mine to the point of delivery by the owner: and for the purposes of this paragraph" point of delivery" means the place at which coal or oil shale is delivered by the owner of the mine to any railway of the Commissioner for Railways or to any wharf or other place appointed for the purpose, and includes, in any case where process works are carried on by the owner of the mine, the place at which coal or oil shale is delivered at such works, (f) A check-weigher or miners' check inspector, (g) An elected official of an industrial or trade union of employees, or of an association of employees registered as an organisation under the tOommonwealth Oonciliation and Arbitration Act 1904-1934 of the Parliament * 6 G. 5 No. 35 and amending Acts. See v. 4, pp. 834 et seq. t No. 13, 1904, and amending Acts.

198 MINING. PART 1.- PRElIMINARY. Coal and Oil Shale Mine Workers, Etc., Act. 5 GEO. VI. No. 24, Owner. Pension. Prescribed. Regulations. of the Commonwealth, or under *" The Industrial Conciliation and Arbitration Acts, 1932 to 1938," of which union or organisation the membership is principally confined to persons falling within anyone or more of the classes referred to in paragraphs (a) to (f) of this definition: Provided that (subject to subsection six of this section) the term "mine worker" shall not include- (i.) A superintendent, manager, or under manager, (ii.) The official known as the colliery engineer and the official appointed as mine electrician pursuant to section fifty-six of t" The Coal Mining Acts, 1925 to 1940," (iii.) A person engaged in clerical work in connection with a coal or oil shale mine, (iv.) A person (other than a person of the class referred to in paragraph (e) of this definition) employed in or in connection with the oil shale industry whose work does not relate to the mining of oil shale, (v.) A coke worker, (vi.) A superintendent or an instructor of any mine rescue brigade; " Owner," in relation to both coal mines and oil shale mines, has, subject to subsections two and three of this section, the meaning given to that expression in t" The Coal Mining Acts, 1925 to 1940" (or any Act amending or in substitution for such Acts) ; " Pension" means a pension payable under this Act and includes any amounts payable as an addition to a pension; " Prescribed" means prescribed by this Act or the regulations; " Regulations" means regulations made under this Act; * 23 G. 5 No. 36 and amending Acts. See v. 4, pp. 1020 et Beg. t 16 G. 5 No. 30 and amending Acts. See v. 6, pp. 646 et Beg.

1941. MiNING. Coal and Oil Shale Mine Workers, Etc., Act. 199 PART I.- PRELIJlUNARY. " Tribunal " means the Pensions Tribunal Tribunal. constituted under this Act. (2.) Every tributer and also every wages man Tributers. employed by a tributer- (i.) Who works (whether underground or above ground) in or about a coal or oil shale mine in Queensland; and (ii.) Who, if he worked as an employee of the person with whom the tribute agreement was made, would be a mine worker, shall, for the purposes of this Act, be deemed- (a) To be a mine worker; and (b) To be employed by the person with whom the tribute agreement was made, and the person with whom the tribute agreement was made shall, for the purposes of the application of this Act to and in respect of every such tributer and wages man, be deemed- (c) To be the owner of such mine; and (d) To employ such tributer or wages man. (3.) Where four or more persons own or allege that they own any coal or oil shale mine in partnership any member of such partnership- (i.) Who works (whether underground or above ground) in or about such mine; and (ii.) Who, if he worked as an employee of such partnership, would be a mine worker, shall, for the purposes of this Act, be deemed- (a) To be a mine worker; and (b) To be employed by such partnership, and such partnership shall, for the purposes of the application of this Act to and in respect of any such member, be deemed- (c) To be the owner of such mine; and (d) To employ such member thereof.

200 MINING. PART 1.- PRELDlINARY. Coal and Oil Shale Mine Workers, Etc., Act. 5 GEO. VI. No. 24, (4.) A person shall, for the purposes of this Act, be deemed to be " engaged in the coal or oil shale mining industries "- (a) For any period (whether before or after the commencement of Part H. of this Act) during which he is employed as a mine worker; (b) For any period (whether before or after the commencement of Part H. of this Act) during which he is unemployed, if, immediately before the date upon which he so became unemployed he was employed (whether underground or above ground) in or. about a coal or oil shale mine in Queensland by the owner of the mine: Provided that a person shall not be deemed to be " engaged in the coal or oil shale mining industries" by reason of the operation of paragraph (b) of this subsection unless he satisfies the Tribunal that his employment was terminated otherwise than for misconduct and that his failure to obtain other employment was through no fault on his part: Provided further, that the period for which any such person is unemployed shall be deemed not to be interrupted by periods during which he is employed upon work of a casual nature. (5.) A reference in any provision of this Act to the "date of retirement" shall, in the application of that provision to or in respect of any particular mine worker, be construed as a reference to the date on and after which the employment of that mine worker as a mine worker would be an offence under section five of this Act. (6.) (a) The Governor in Council may, by Pro- clamation published in the Gazette, extend the definition of "mine worker" to include anyone or more of the classes of persons referred to in the proviso to that definition. Any such Proclamation shall take effect as from the date of the publication thereof in the Gazette or from a later date to be specified in the Proclamation. As from the date upon which any such Proclamation takes effect the provisions of this Act shall (subject to

1941. MINING. Coal and Oil Shale Mine Workers, Etc., Act. 201 PART 1.- PRELDlINARY. any modification which may be made pursuant to paragraph (b) of this subsection) apply to and in respect of persons who are members of the class to which the Proclamation relates. (b) In any Proclamation published pursuant to paragraph (a) of this subsection the Governor in Council may, if he thinks fit, specify an age (being later than the age of sixty years) which shall be the retiring age of persons who are members of the class to which the Proclamation relates. Where a retiring age is so specified the provisions of this Act, in their application to and in respect of persons who are members of such class, shall be deemed to be modified to the extent following, that is to say, section five of this Act shall have and take effect as if the age specified in the Proclamation were substituted for the age of sixty years referred to therein, and references in this Act to the " date of retirement" shall be construed accordingly. 3. (1.) Any mine worker who is absent from Spec~ Queensland or from his employment upon war service, pr~ vlSlOns as defined in the * DefenceAct1903 (as amended by : ! lccl~ tion subsequent Acts of the Parliament of the Commonwealth) o~ p= ~ ~ . or upon any kind of work or service in connection with ~e~ t.p 0 any war in which Australia is, for the time being, engaged, shall be deemed to have been continuously resident in Queensland and to have been employed in or about a coal or oil shale mine, as the case may be, during the period of such absence. (2.) Any mine worker who is lawfully absent from work on an award holiday or on annual leave or through sickness or accident not due to his own fault shall be deemed to have actually worked in or about a coal or oil shale mine, as the case may be, during the period of such absence. (3.) Continuous residence in Queensland shall be deemed not to have been interrupted by occasional absences not exceeding in the aggregate one tenth of the total period of residence, and for the purposes of this Act, the period of any such absence shall be counted as a period of residence in Queensland. (4.) Any elected official of an industrial or trade union of employees or of an association of employees * No. 20 of 1903.

'202 :MINING. PART 1.- PRELIMINARY. Coal and Oil Shale Mine Workers, Etc., Act. 5 GEO. VI. No. 24, registered as an organisation under the *Commonwealth Oonciliation and Arbitration Act 1904-1934 or under t" The Industrial Conciliation and Arbitration Acts, 1932 to 1938," shall, for the purposes of this Act, be deemed to have actually worked in or about a coal or oil shale mine in Queensland or in Australia, as the case may be, for the whole of the period during which he held office as such elected official. (5.) For the purposes of this Act the work of persons of the classes referred to in paragraphs (e) and (f) of the definition of "mine worker" shall be deemed to be work in or about a coal or oil shale mine. Reciproca. ting States. 4. (1.) Where the Governor in Council is satisfied- (a) That there is in force in any other State of the Commonwealth of Australia legislation providing for the payment of pensions to mine workers and their dependants, and that such pensions are of the like amount and are awarded on the like conditions as the pensions for which provision is made in this Act; and (b) That an agreement with such other State has been entered into under subsection two of this section, he may, by Proclamation published in the Gazette, declare such other State to be a reciprocating State for the purposes of this Act. (2.) The Minister may, for and on behalf of this State, enter into an agreement with a Minister of the Crown for such other State acting for and on behalf of such other State with respect to all or any of the following matters:- (a) The circumstances in which and the conditions subject to which the Tribunal will, for the purposes of this Act, regard any person who is or has been a mine worker in or is or has been engaged in the coal or oil shale mining industries of such other State as a person who is or has been.a mine worker in or is or has been engaged in the coal or oil shale mining industries of Queensland; • No. 13, 1904, and amending Acts. t 23 G. 5 No. 36 and amending Acts. See v. 4, pp. 1020 et Beq.

1941. MINING. Coal and Oil Sh.ale Mine Workers, Etc., Act. 203 PART 1.- PRELIHINARY. (b) The circumstances in which and the conditions subject to which the Tribunal may accept and .act upon a certificate furnished by the Minister of the Crown for such other State or by any specified officer of such other State that any person is or has been a mine worker in or is or has been engaged in the coal or oil shale mining industries of such other State, and the period or periods during which he has been such a worker or has been so engaged; (c) The circumstances in which and the conditions subject to which the fund established under this Act shall be liable for the payment of the whole or any part of any pension awarded to a person of the class referred to in paragraph (a) of this subsection; (d) The circumstances in which and the conditions subject to which payment may be made from the fund established under this Act to the corresponding funds or fund established under the legislation of such other State; (e) The making of such provision as may be necessary to ensure that a mine worker or his dependants shall not become entitled to payment of a pension under this Act as well as under the legislation of such other State; (f) Any adjustments which may be necessary if the Proclamation declaring such other State to be a reciprocating State is revoked; (g) Any other matter arising under this Act which the Minister may consider necessary or convenient to be included in the agreement. No agreement entered into under this subsection shall have any force or effect until the Proclamation referred to in subsection one of this section has been published. (3.) The Governor in Council may, if he thinks fit,. by Proclamation published in the Gazette, revoke any Proclamation under subsection one of this section. Where a Proclamation is so revoked the agreement entered into under subsection two of this section shall lapse except to the extent to which it relates to the matters referred to in paragraph (/) of that subsection.

204 MINING. PART 1.- l'RBLmINARY. Coal and Oil Shale Mine Workers, Etc.., Act. 5 GEO. VI. No. 24, (4.) Where a Proclamation declaring any other State of the Commonwealth of Australia to be a recipro- cating State has been published and is still in force the provisions of this Act shall be deemed to be modified to the extent necessary to enable the agreement entered into under subsection two of this section with such other State to be carried into effect. PART 11.- CO!IPULSORY Jl: ~ =s. PART lI.-COMPULSORY RETffiEMENT AND PENSIONS. .,. :a : , : pl~ bent 5. (1.) Subject to this section no person shall take of age into or retain in his employment as a mine worker any prohibited. person who is of or above the age of sixty years and no person of or above the age of sixty years shall accept or continue in employment as a mine worker. (2.) (a) Every mine worker who is, at the commencement of this Part, employed as a mine worker, and who is, at such commencement, of or above the age of sixty years, shall be retired from and shall vacate his employment as a mine worker upon the expiration of the period of three months after such commencement. (b) Every mine worker who is, at any time after the commencement of this Part, employed as a mine worker and who, whilst so employed, attains the age of sixty years, shall be retired from and shall vacate his employment as a mine worker immediately upon attaining that age: Provided that any such mine worker who attains the age of sixty years at any time within the period of three months after the commencement of this Part shall be retired from and shall vacate his employment as a mine worker upon the expiration of that period. (c) A person of or above the age of sixty years who is not, at the commencement of this Part, employed as a mine worker, shall not, at any time after such commencement, be employed as a mine worker. (3.) Any person who neglects or fails to comply with any of the provisions of this section shall be guilty of an offence and shall be liable on conviction to a penalty not exceeding fifty pounds and to a further penalty not exceeding five pounds for every day during which the offence continues. (4.) (a) The Tribunal may, from time to time, upon special cause being shown, suspend the operation of

1941. MINING. 205 PART I1.- Coal and Oil Shale Mine TV orkers, Etc., Act. <ti.~ ~ i~ ; ~~ ~ i _ _ _ _ _ _ _ _ _ AND PENSIONS. subsections one and two of this section in their application to and in respect of any specified employment of a specified mine worker. Any such suspension may be made subject to such conditions (if any) as the Tribunal may impose. Any such suspension shall be evidenced by a certificate of exemption which shall be issued by the Tribunal and shall specify the employment in respect of which the operation of those subsections is suspended, the mine worker to whom the certificate relates, the period for which the certificate is to remain in force, and the conditions (if any) subject to which the operation of those subsections is suspended. (b) The Tribunal may, from time to time, suspend the operation of subsections one and two of this section in their application to and in respect of the employment in or about any specified mine of all mine workers, or of any specified class of mine workers or of all mine workers other than those of a specified class. Any such suspension may be made subject to such conditions (if any) as the Tribunal may impose. Any such suspension shall be evidenced by a certificate of exemption which shall be issued by the Tribunal and shall specify the mine to which the certificate relates and shall indicate whether the certificate relates to the employment of all mine workers or of a specified class of mine workers or of all mine workers other than those of a specified class. The certificate shall also specify the period for which the same is to remain in force, and the conditions (if any) subject to which the operation of those subsections is suspended. (5.) Where the Governor in Council is satisfied that a coal or oil shale mine is owned by- (i.) A pttrtnership of four or more persons; or (ii.) A private company within the meaning of *" The Oompanies Act of 1931," he may from time to time suspend the operations of subsections one and two of this section in their application to and in respect of the employment in or about such mine of any member or members of such partnership or private company: * 22 G. 5 No. 53. See v. 2, p. 10.

206 MINING. PART 11.- ~ ~~ i~ : ~ ~ ! ~ Coal and Oil Shale Mine Workers, Etc., Act. 5 GEO. VI. No. 24, AND PENSIONS. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Provided that the Governor in Council shall not grant such suspension to any such member unless he is satisfied that his membership of the partnership or private company concerned was bona fide, and was not arranged solely or mainly for the purpose of qualifying such member for the suspension prescribed by this subsection. Any such suspension may be made subject to such conditions (if any) as the Governor in Council may impose. Any such suspension shall be evidenced by a certificate of exemption which shall be issued by the Under Secretary, Department of Mines, and shall specify the mine to which and the member of a partnership or private company to whom the certificate relates, the period for which the certificate is to remain in force, and the conditions (if any) subject to which the operation of those subsections is suspended. (6.) The employment of a mine worker after the date of retirement shall not, where such employment is under and in accordance with a certificate issued under subsection four or subsection five of this section, constitute an offence. Pensions- 6. (1.) Any mine worker who is employed as a mine min~ h worker at the commencement of this Part or at the date : r~ r; : ; i~ ~ . 0 upon which he attains the age of sixty years, whichever is the later, or who though not so employed had, during the twelve months immediately preceding the commence- ment of this Part or the date upon which he attained the age of sixty years, whichever is the later, actually worked as a mine worker for not less than sixty days in all during the said period of twelve months, shall be eligible, as from the date of retirement, to a pension of two pounds per week if he establishes to the satisfaction of the Tribunal that- (a) He has been continuously resident in Queensland during the five years immediately preceding the date of retirement, and (i.) He has actually worked in or about a coal or oil shale mine in Queensland for not less than three hundred days during the said period of five years, or

MINING. 207 PART II.- 1941. Coal and Oil Shale Mine Workers, Etc., Act. COMPULSORY RETIREMENT _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ AND PENSIONS. (ii.) Before the commencement of this Part or the date upon which he attained the age of sixty years, whichever is the later, he has been engaged in the coal or oil shale mining industries in Queensland for a period of not less than twenty years in all; or (b) He has been resident in Queensland for not less than five years out of the seven years immediately preceding the date of retirement, and (i.) He has actually worked in or about a coal or oil shale mine in Australia for not less than five hundred days during such period of seven years, or (ii.) Before the commencement of this Part or the date upon which he attained the age of sixty years, whichever is the later, he has been engaged in the coal or oil shale mining industries in Queensland for a period of not less than twenty years in all. (2.) Any mine worker who is, at the commencement of this Part, of or above the age of sixty years and who had, during the twelve months immediately preceding such commencement, actually worked as a mine worker for not less than sixty days in all, but who is unable to satisfy the conditions contained in paragraph (a) or paragraph (b) of subsection one of this section, shall be eligible as from the date of retirement for a pension of one pound ten shillings per week : Provided that the Tribunal shall not award a pension under this subsection to any mine worker unless in its opinion the employment of such mine worker was bona fide, and was not arranged solely or mainly for the purpose of enabling such mine worker to become eligible for a pension pursuant to this subsection. (3.) Any mine worker who, at the date of retirement, is not eligible, pursuant to subsection one or subsection two of this section, for a pension, shall be eligible, as from the date of retirement, for a pension of one pound ten shillings per week if he establishes to the satisfaction of the Tribunal- (a) That during the ten years immediately preceding the commencement of this Part

208 MINING. PART 11.- ~ : ~ ~ ~ ~ ~ ' f Coal and Oil Shale Mine Workers, Etc., Act. 5 GEO. VI. No. 24, AND PENSIONS. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ or the date upon which he attained the age of sixty years, whichever is the later, he has been engaged in the coal or oil shale mining industries in Queensland and during such period has actually worked in the coal or oil shale mining industries in Queensland for a period of not less than six hundred days in all; or (b) That before the commencement of this Part or the date upon which he attained the age of sixty years, whichever is the later, he has been engaged in the coal or oil shale mining industries in Queensland for a period of not less than twenty years in all. PellBion- 7. (1.) A mine worker shall, subject to this section, ipnecrampaancietnyt. be eligible for a pension of two pounds per week if he proves to the satisfaction of the Tribunal- (a) That he has been incapacitated by injury, and that such incapacity arose before the commencement of this Part but after the first day of February, one thousand nine hundred and thirty, or arose after such commencement; and (b) That by reason of such incapacity he is unable to continue in employment as a mine worker; and (c) That- (i.) In any case where the mine worker is of or above the age of sixty years, the incapacity continued until the date of his application for a pension under this section, or (ii.) In any case where the mine worker is under the age of sixty years, the incapacity is likely to be permanent: Provided that a mine worker shall not be eligible for a pension under this subsection where the injury giving rise to the incapacity was an intentional self-inflicted injury. (2.) Where a mine worker is awarded a pension pursuant to subsection one of this section the total amount payable to him as pension (being the amount payable pursuant to that subsection and any amounts

MINING. 209 PART II.- 1941. Coal and Oil Shale Mine Workers, Etc., Act. COMPULSORY RETIREMENT _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ AND PENSIONS payable pursuant to section eight of this Act) shall be reduced by the average weekly amount which he earns or which the Tribunal finds he might reasonably earn from available employment not inconsistent either in itself or by reason of the conditions under which it is performed with the maintenance of his health in either of the following cases, that is to say;- (a) Where the pension is awarded on the ground of partial incapacity; or (b) Where the pension was awarded on the ground of total incapacity and subsequently thereto he has so far recovered as to be fit for employment of the character referred to in the foregoing pcovisions of this subsection. 8. (1.) Where a mine worker becomes eligible for a Pen~ i? ns­ pension under sect . io . n six or sectio • n . seven of this A . ct, padadyltmlOelnlStsl 1 . 0 he shall also be elIgIble for an addItIOn to such penSIOn respect of consisting of the following amounts ;_ dependantil. (a) An amount of one pound per week in respect of his wife, which amount shall be payable until her death or until she ceases to be his wife; (b) An amount of eight shillings and six pence per week in respect of each child (whether legitimate or illegitimate) and step-child under the age of sixteen years who is totally or mainly dependent on his earnings, which amount shall be payable until such child shall attain the age of sixteen years; (c) Where no amount is payable under paragraph (a) of this subsection, an amount of one pound per week in respect of one female who is totally or mainly dependent on his earnings, which amount shall be payable until her death or marriage or until she ceases to be such a dependant; Provided that no amount shall be paid under this paragraph unless the female in respect of whom such weekly payment is claimed- (i.) Is an adult and is caring for any child or step-child of the mine worker under the age of sixteen years, or (ii.) Is a member of the mine worker's family and is over the age of sixteen years ;

210 l\fINING. PART II· ~ i~ ~ ~ ~ ~ ~ i Coal and Oil Shale Mine Workers, Etc., Act. 5 GEO. VI. No. 24, AND PENSIONS. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ (d) Where no amount is payable under paragraph (b) of this subsection an amount of eight shillings and six pence per week in respect of each brother and sister under the age of sixteen years who is totally or mainly dependent on his earnings, which amount shall be payable until such brother or sister shall attain the age of sixteen years. (2.) Notwithstanding anything in subsection one of this section the Tribunal may award or continue a pension under paragraph (b) or paragraph (d) of that subsection in respect of any child who has attained the age of sixteen years if by reason of any physical or mental defect such child is totally incapacitated from earning a living. (3.) Notwithstanding anything in any other provision of this section the Tribunal may, if in the circumstances of any case it thinks fit so to do, regard as a child within the meaning of this section any child, who, though not within the relationships mentioned in this section, is maintained as a member of the family of a mine worker. (4.) Where any amount is paid under this Part in respect of any child under sixteen years of age, the Tribunal may in its discretion, for the purpose of assisting in the further education of the child, continue the pension for such period as it thinks fit and not exceeding two years after the child has attained the age of sixteen years. Pension payable to dependants. 9. (1.) Upon the death of- (a) A person who has been awarded a pension pursuant to section six or section seven of this Act; or (b) A mine worker whose death has been found to have been due to injury (not being an intentional self-inflicted injury) which, if he had remained alive, would have made him eligible for a pension under section seven of this Act, the widow of such person or mine worker or the female in respect of whom such person or mine worker, if he had remained alive, would have been entitled to an addition to his pension under paragraph (c) of subsection one of section eight of this Act, shall be eligible for a pension of one pound ten shillings per week, which shall be payable

l\1JNING. 211 PART 11.- 1941. Coal and Oil Shale Mine Workers, Etc., Act. COMPULSORY RETIREMENT _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ AND PENSIONS. until the death, remarriage, or marriage of such widow or female, as the case may be, and the persons referred to in paragraphs (b) and (d) of subsection one and in subsections two, three, and four of section eight of this Act shall also be eligible for pensions of an amount equal to the amounts referred to in those paragraphs and subsections and for the periods specified in those paragraphs and subsections. (2.) Except as provided in subsection three of this section no person who is eligible for a pension under subsection one of this section (in this section hereinafter referred to as a "dependant"), shall be entitled to a pension under this Act as well as compensation under *" The Workers' Compensation Acts, 1916 to 1939." (3.) Where either before or after the commencement of this Part the mine worker upon whose death the dependant is eligible for a pension under subsection one of this section had, during his lifetime made a claim for compensation under *" The Workers' Compensation Acts, 1916 to 1939," in respect of the injury or where, either before or after the commencement of this Part, the dependant has received or is in receipt of or would, upon application, be entitled to compensation under those Acts in respect of the death of the mine worker, the following provisions shall have effect:- (a) Where the mine worker had, pursuant to *" The Workers' Compensation Acts, 1916 to 1939," accepted an amount payable in accordance with those Acts, or had, pursuant to those Acts, received a lump sum in redemption of weekly payments the disqualification under subsection two of this section shall cease to have effect on the expiration of a period ascertained as follows :- The period shall be the period during which, if a pension had been awarded and paid to the mine worker as from the date upon which compensation became payable, the total sum paid to him by way of pension at the appropriate rate (including any additional amounts in respect of dependants) would have been equal to * 6 G. 5 No. 35 and amending Acts. See v. 4, pp. 834 et 8eq.

212 MINING. PART II.- ~ ~ ~ ~ =~ ~ ~ Coal and Oil Shale Mine Workers, Etc., Act. 5 GEO. VI. No. 24, AND PENSIONS. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ the amount payable in accordance with the said Acts or the amount of the lump sum as the case may be; (b) Where the amount of compensation payable under *" The Workers' Compensation Acts, 1916 to 1939," in respect of the death of a mine worker has been paid, the disqualification under subsection two of this section shall cease to have effect on the expiration of a period ascertained as follows :- The period shall be the period during which, if pensions had been awarded and paid to the dependants, the total sum paid to all the dependants by way of pension would have been equal to the amount of compensation; (c) Where the dependants or any of them accept or have accepted weekly payments of com- pensation under *" The Workers' Compensa- tion Acts, 1916 to 1939," the disqualification under subsection two of this section shall cease to have effect on the day upon which the right to such weekly payments ceases; (d) Where the dependants or any of them who are eligible for pensions under subsection one of this section would, upon application, be entitled to compensation under *" The Workers' Compensation Acts, 1916 to 1939," the disqualification under subsection two of this section shall continue until such time as the application is made, and thereafter until such disqualification ceases to have effect pursuant to paragraph (b) or paragraph (c) of this subsection; (e) Notwithstanding any provision hereinbefore contained in this subsection, where the dependants or any of them accept or have accepted or would, upon application, be entitled to compensation under *" The Workers' Compensation Acts, 1916 to 1939," and such compensation is payable by weekly payments the amount of which is in the case of any dependant less than the pension * 6 G. 5 No. 35 and amending Acts. See v. 4, pp. 834 et seq.

MINING. 213 PART 11.- 1941. Coal and Oil Shale Mine Workers, Etc., Act. COMPULSORY RETffiEMENT _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ AND PENSIONS. which would, except for this subsection, be payable to such dependant, then such dependant shall be entitled to the pension prescribed by this section but the amount of such weekly compensation shall be deducted from the amount payable to him as such pension. 10. (1.) Where a mine worker becomes eligible for Pen~ i~nB­ a pension pursuant to section six or section seven of this ir~ ~ : ions. Act the pension shall, subject to this Act, be payable to him until his death. (2.) No mine worker shall be paid more than one pension under this Act. (3.) The total amount payable to any mine worker by way of pension (including all additions for which he may be eligible under section eight of this Act) shall not exceed the sum of four pounds five shillings and six pence per week. (4.) All pensions payable under this Part shall vary to accord with fluctuations in the total sum which comprises the needs basic wage assessed on the index number for the weighted average of the five towns of Queensland together with the fixed loading addit.ion applicable to the needs basic wage so assessed. For the purposes of calculating any such variation the amounts specified in sections six to nine, both inclusive, of this Act shall be deemed to have been fixed by reference to the total sum which comprised the needs basic wage so assessed and in force at the commencement of this Part together with the fixed loading addition applicable thereto. Any such variation shall be calculated to the nearest sixpence. 11. (1.) Except as provided in this section no mine Noyension worker shall be entitled to a pension under any provision ; ; ~ ~ ~ ~ ~ ­ of this Part as well as compensation under *" The payable. Workers' Compensation Acts, 1916 to 1939." (2.) Where either before or after the commencement of this Part a mine worker has received, or is in receipt of or would, upon application, be entitled to * 6 G. 5 No. 35 and amending Acts. See v. 4, pp. 834 et seq.

214 MINING. PARTII.- ~ : i; ~ ~ ~ ? : ; T Coal and Oil Shale Mine Workers, Etc., Act. 5 GEO. VI. No. 24, AND PENSIONS. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ compensation under *" The Workers' Compensation Acts, 1916 to 1939," the following provisions shall have effect ;- (a) Where a mine worker accepts or has accepted weekly payments of compensation under those Acts the disqualification under subsection one of this section shall cease to have effect on the day upon which his right to such weekly payments ceases; (b) Where the mine worker pursuant to those Acts, accepts an amount payable in accordance with those Acts, or pursuant to those Acts, receives or has received a lump sum in redemption of weekly payments, the disqualification under subsection one of this section shall cease to have effect on the expiration of a period ascertained as follows ;- The period shall be the period during which if a pension had been awarded and paid as from the date upon which compensation became payable, the total sum paid to the mine worker as pension (including any additional amounts in respect of dependants) would have been equal to the amount payable in accordance with the said Acts or the amount of the lump sum, as the case may be; (c) Where the mine worker would, upon application, be entitled to compensation under *" The Workers' Compensation Acts, 1916 to 1939," the disqualification under subsection one of this section shall continue until such time as he makes the application and thereafter until such disqualification ceases to have effect pursuant to paragraph (a) or paragraph (b) of this subsection; (d) Notwithstanding any provision hereinbefore contained in this subsection, where a mine worker accepts or has accepted or would, upon application, be entitled to compen- sation under *" The Workers' Compensation Acts, 1916 to 1939" (and either for himself >I< 6 G. 5 No. 35 and amending Acts. See v. 4, pp. 834 et seq.

MINING. 215 PART II.- 1941. Coal and Oil Shale Mine Workers, Etc., Act. COMPULSORY RETIREMENT _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ AND PENSIONS. or for himself and his dependants) and such compensation is payable by weekly payments then- (i.) If the amount of such weekly payments is in the case of such mine worker less than the pension which would, except for this subsection, be payable to such mine worker, then such mine worker shall be eligible for the pension prescribed by this Act but the amount of such weekly compensation shall be deducted from the amount payable to him as such pension; and (ii.) If the amount of such weekly payments is in the case of any dependant less than the addition to the pension which would, except for this subsection, be payable under this Act in respect of such dependant then such mine worker shall be eligible for such addition but the amount of such weekly compensation payable in respect of such dependant shall be deducted from the amount payable to him as such addition. 12. Any amount which a mine worker or his Deductions dependants has or have received, or upon application is from. or are entI . t I e d to reC · eIve f rom any m . val 1 'd ,0 Id -age or war pensIOns. pension or as endowment under the *Child Endowment Act 1941 of the Parliament of the Commonwealth or under t" The State Children Acts, 1911 to 1928," or, in the case of a permanently incapacitated mine worker under sixty years of age, from earnings derived or which might be derived from available employment of the nature referred to in subsection two of section seven of this Act in respect of any period for which a pension is payable under this Act, shall be deducted from the amount payable to him or them, as the case may be, as a pension under this Act. 13. (1.) Every application for a pension- ~pplica- . • tIOns for (a) Shall be m or to the effect of the prescrIbed pensions. form; (b) Shall contain such particulars as may be prescribed; * No. 8 of 1941. t 2 G. 5 No. 11 and amending Acts. See v. 1, pp. 686 et 8eq.

216 MINING. PARTII.- ~ ~ : ii: ' ~~ i Coal and Oil Shale Mine Workers, Etc., Act. 5 GEO. VI. No. 24, AND PENSIONS. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ (c) Shall be verified as prescribed; (d) Shall be lodged with or forwarded to the registrar. (2.) Upon receipt of any such application the registrar shall make or cause to be made such investigations as appear to him desirable or as may be directed, either generally or in any particular case, by the chairman or by the Tribunal. (3.) Upon completion of his investigations the registrar shall submit the application together with a full report of the result of his investigations to the Tribunal. (4.) The Tribunal shall thereupon consider the application and the report. (5.) The Tribunal may allow or disallow the application. (6.) Where the Tribunal allows the application it shall, in its determination, specify the rate of pension (including any additional amounts) awarded, and the date (whether before or after the date of the application) as from which the pension is to be payable. (7.) Any applicant for a pension who objects to the ruling on his application of the Tribunal may apply to the Industrial Court to hear and determine such application. The application to the Industrial Court shall be made within thirty days after the Tribunal has notified the applicant for the pension of its ruling. The place for hearing and the proceedings on the application to the Industrial Court shall be as prescribed by rules of court under *" The Industrial Oonciliation and Arbitration Acts, 1932 to 1938." PART 111.- THE TRIBUNAL. PART IlL-THE TRIBUNAL. The 14. (1.) There shall be a Pensions Tribunal which Tribunal. shall exercise and discharge the powers, authorities, duties, and functions conferred and imposed upon the Tribunal by this Act and the regulations. (2.) The Tribunal shall consist of three members who shall be appointed by the Governor in Council. * 23 G. 5 No. 36 and amending Acts. See v. 4, pp. 1020 et 8eq.

1941. MINING. Coal OInti, Oil Shale Mine Workers, Etc., Act. 217 PAll!!! 111.- To TRIB1l1iAL. (3.) Of the members so appointed- (a) One shall be appointed on the nomination of the Minister and shall, in and by the instrument of appointment, be appointed chairman of the Tribunal; (b) One shall be appointed on the nomination of organisations of the owners of coal and oil shale mines in Queensland, and shall be representative of such owners; (c) One shall be appointed on the nomination of the mining unions and shall be representative of the employees in the coal mining and oil shale industries of Queensland. In this subsection the expression" mining union" means an industrial or trade union of employees or an association of employees registered as an organisation under the *Oommonwealth Oonciliation and Arbitration Act 1904-1934 of the Parliament of the Commonwealth, or under t" The Industrial Oonciliation and Arbitration Acts, 1932 to 1938," of which union or organisation the membership is comprised of or includes mine workers. (4.) Every nomination shall be made as prescribed and shall be sufficient if made by such organisations of the owners or such of the unions concerned as the Minister deems sufficient. (5.) If no person, or no person able and willing to act as a member of the Tribunal is, within the time prescribed, nominated as the representative of any of the classes of persons referred to in subsection three of this section, the member of the Tribunal representative of such class may be appointed on the nomination of the Minister. (6.) At any meeting of the Tribunal all three members of the Tribunal shall be entitled to vote, and in the event of an equality of votes the chairman or deputy chairman shall have a casting as well as a deliberative vote. Any question or matter shall be decided by a majority of the members present, and the decision so arrived at shall be the decision of the Tribunal. (7.) At any meeting of the Tribunal the chairman (or, if he is absent or ill, his deputy, if any) and one other member or deputy member shall form a quorum. Any meeting at which a quorum is present shall be competent to transact any business of the Tribunal. * No. 13, Hl04, and amending Acts. t 23 G. 5 No. 26 and amending Acts. See v. 4, pp. 1020 et seq.

218 MINING. PART III.- THE TRIBUNAL. C oa l an d O' ~ Z Sk a l e M 2 ' ne W or k ers, Etc., A ct. 5 GEO. VI. No. 24, (8.) (a) The member appointed chairman of the Tribunal shall, subject to this Act, hold office as such for a period of six years and shall be eligible for reappointment. (b) The members of the Tribunal other than the chairman shall, subject to this Act, hold office as such for a period of three years and shall be eligible for reappointment. (9.) The office of a member of the Tribunal shall become vacant if he- (a) Resigns his office by writing under his hand addressed to the Governor in Council; or (b) Without the permission of the Tribunal or the chairman fails to attend three consecutive meetings of the Tribunal; or (c) Is removed from office by the Governor in Council for misbehaviour or incompetence; or (d) Becomes bankrupt or assigns his estate for the benefit of his creditors; or (e) Is convicted of a crime or misdemeanour; or (f) Dies or becomes a mentally sick person within the meaning of *" The Mental Hygiene Act of 1938." (10.) On the occurrence of any vacancy in the office of a member of the Tribunal the person appointed to fill the vacant office shall, subject to this Act, hold office for the remainder of the unexpired term of the vacant office. In the case of the illness or absence of the chairman or any other member the Governor in Council may appoint some person to act as his deputy during such illness or absence, and the person so appointed shall while he so acts have all the powers and perform all the duties of the chairman or, as the case may be, such member. (ll.) No act or proceeding of the Tribunal shall be invalidated or prejudiced by reason only of the fact that at the time such act or proceeding is done, taken, or commenced there is a vacancy in the office of any member. (12.) (a) The members of the Tribunal other than the chairman shall be entitled to receive such remuneration by way of fees for meetings attended as the Governor in Council may determine. * 2 G. 6 No. 21. See 1938 Sess. v., p. 17038.

1941. MINING. Coal and Oil Shale Mine Workers, Etc., Act. 219 PARTIII.- THE TIUBUNAL. (b) The members of the Tribunal other than the chairman shall be entitled to receive travelling expenses at such rate as the Governor in Council may determine. 15. (1.) The Governor in Council may, under and Registrar, subJ·ect to *" The Public Service Acts , 1922 to 1924 , " eomffipcleoryseaensd. appoint a registrar and such officers and employees as may be necessary for the administration of this Act. (2.) The registrar shall have and may exercise and discharge the powers, authorities, duties, and functions conferred and imposed upon the registrar by or under this Act. 16. (1.) The Tribunal, or the chairman or the Powers of ~ egistr. ar, .may, .for. the p~rposes ~ f any inquiry or ;: ; :~ a~ln InVestIgatIOn whICh It or he IS authorIsed to make- inquiries and • (a) Summon wItnesSes; investiga- tions. (b) Receive evidence on oath; and (c) Require the production of documents. (2.) A person who has been lawfully summoned to appear before the Tribunal, the chairman or the registrar, shall not fail to appear, and a person who appears, whether summoned or not, shall not- (a) Refuse to be sworn as a witness; (b) Fail to answer any question he is lawfully required to answer; or (c) Fail to produce any document he is lawfully required to produce. (3.) Any person who neglects or fails to comply with any of the provisions of this section shall be guilty of an offence and shall be liable on conviction to a penalty not exceeding fifty pounds. PART IV.-FuNDS AND CONTRIBUTIONS. PART IV.- FUNDS AND Bc; ~ ~ ~ ; . 1 7. (1.) There shall be established under this Act a The Fund. fund to be known as "The Coal Mine Workers' Pensions Fund" (herein referred to as "the Fund "). (2.) (a) The Fund shall consist of such moneys as are required or authorised by this Act to be paid into that Fund. (b) All pensions shall be payable out of the Fund. * 13 G. 5 No. 31 and amending Acts. See v. 7, pp. 1139 et 8eq.

220 PAR!' IV.- FUNDS AND CON!l'RIBU- !l'IONS. MINING. C oal and O'1d .' > 7 Shale Mine Workers, Etc., Act. 5 GEO. VI. No. 24, (3.) The expenses involved in the administration of this Act shall be paid out of the Fund. (4.) The Fund shall be under the control of the Tribunal and shall be operated upon in the manner prescribed. (5.) Any money in the Fund which is not immediately required for the purposes of the Fund may be invested by the Tribunal in any manner in which trustees are for the time being authorised to invest trust funds. Any interest from time to time accruing from any such investment shall be paid into the Fund. Contribu- tions. 18. (1.) (a) The Tribunal shall, as soon as practicable after the day appointed and notified for the n. commencement of Part of this Act, make an estimate of the amount required by the Fund for the period commencing on the day so appointed and notified and ending on the thirtieth day of June next following for payment of pensions and other sums chargeable upon or payable out of the Fund and for the provision of a reserve in connection with the Fund. The amount to be provided in that period for the reserve in connection with the Fund shall be such amount as the Governor in Council may direct. (b) A sum equivalent to one-fourth of the amount estimated by the Tribunal pursuant to paragraph (a) of this subsection as the amount required for the period ending on the thirtieth day of June next following the date appointed and notified for the commencement of n. Part of this Act, or the sum equal to two hundred and fifty pounds for each week included within such period, whichever is the less, shall be paid by the Treasurer to the Tribunal. (2.) (a) The Tribunal shall make an estimate of the amount required by the Fund for the period of twelve months commencing on the first day of July next following the expiration of the period referred to in subsection one of this section, and thereafter for each succeeding period of twelve months for payment of pensions and other sums chargeable upon or payable out of the Fund and for the provision of a reserve in connection with the Fund.

1941. MINING. Coal ooa Oil Shale Mine Workers, Etc., Act. 221 PART IV.- FUNDS .AND CONTRI- BUTIONS. The amount to be provided in any year for the reserve in connection with the Fund shall be such amount as the Governor in Council may direct. Each estimate made under this subsection shall be made not later than the thirty-first day of March next preceding the commencement of the period to which the estimate relates. (b) A sum equivalent to one-fourth of the amount estimated by the Tribunal pursuant to paragraph (a) of this subsection as the amount required for any period of twelve months or the sum of thirteen thousand pounds, whichever is the less, shall be paid by the Treasurer to the Tribunal. (3.) The balance of the amounts so estimated by the Tribunal in respect of the Fund shall be paid to the Tribunal- (i.) As to one-third part thereof by the mine workers; (ii.) As to two-third parts thereof by the owners. Every tributer shall, notwithstanding anything contained in this Act, be liable to pay under this subsection both as a mine worker and as owner. (4.) Any moneys payable by the Treasurer under this section shall be paid out of moneys provided by Parliament for the purposes of this Act. (5.) The moneys payable by the owners under this section shall be paid in such manner and at such times as may be prescribed. Without prejudice to the generality of the foregoing provisions of this subsection regulations may prescribe the basis or bases upon which the contributions of individual owners may be assessed. (6.) The moneys payable by the mine workers under this section shall be paid in such manner and at such times as may be prescribed. Without prejudice to the generality of the foregoing provisions of this subsection the regulations may prescribe the basis or bases upon which the contributions of individual mine workers are to be assessed, and may provide for the collection (by deduction from wages or otherwise) and payment to the Tribunal by the employers of mine workers of any such contributions.

222 MINING. PART V.- LMA!NSECOEULS-. 0 oal and Oil Shale Mine Workers, Etc., Act. 5 GEO. VI. No. 24, PART V.-MISCELLANEOUS. Pensions to be inalien- 19. (1.) Subject to this Act, a pension shall be able. absolutely inalienable, whether by way or in consequence of sale, assignment, charge, execution, bankruptcy, or otherwise howsoever: Provided that nothing herein shall be construed to prevent the Tribunal, with or without the consent of the pensioner, from paying the whole or any portion of the pension to any other person for the use of the pensioner or in satisfaction to the extent thereof of any of his just debts or liabilities. (2.) Every person commits an offence and shall be liable to a penalty not exceeding fifty pounds who demands or accepts from any pensioner under this Act any certificate or any acknowledgment or undertaking that would constitute a legal or equitable assignment of or charge upon any pension under this Act if such pension were capable of being legally assigned or charged. SW!pension 20. (1.) Where any mine worker who has been orifgphetsns in ion awarded a pension pursuant to this Act is sentenced to certain imprisonment for any period in excess of one month, his ealvteernntasti- ve pension rights pursuant to this Act shall be suspended pensions to during the period of such imprisonment, and any person dependants. who would, if the mine worker were dead, have been eligible for a pension under section nine of this Act, shall be eligible for a pension in accordance with that section during the period of such imprisonment as if the mine worker were dead. (2.) Where any mine worker who is eligible for or who has been awarded a pension pursuant to this Act becomes a mentally sick person within the meaning of *"The Mental Hygiene Act of 1938," his pension rights pursuant to this Act shall be suspended while he continues to be such mentally sick person, and any person who would, if the mine worker were dead, have been eligible for a pension under section nine of this Act, shall be eligible for a pension in accordance with that section during the period for which the mine worker continues to be a mentally sick person as if the mine worker were dead, and shall be entitled to retain the whole of the said pension for his own use and benefit absolutely the provisions of any other Act notwithstanding. • 2 G. 6 No. 21. See 1938 Sess. v., p. 17038.

1941. MINING. Coal and Oil Shale Mine Workers, Etc., Act. 223 PART V.- MISCEL- LANEOUS. (3.) The wife of any mine worker eligible for or in receipt of a pension under this Act who has been deserted by her husband or who has been left by him without means of support and who satisfies the Tribunal- (a) That she has taken proceedings against her husband for an order under *" The Deserted Wives and Children Acts, 1840 to 1858," and either that she has failed to obtain an order or that the order, if made, has not been complied with; and (b) That the whereabouts of her husband are not known, shall be eligible for a pension in accordance with section nine of this Act, as if the mine worker were dead, during the period for which she is so deserted or left without means of support. Where a pension is awarded to a deserted wife pursuant to this subsection the Tribunal may suspend the pension payable to the mine worker or may direct that such pension is to be reduced by the amount of the pension payable to the deserted wife. 21. Where a person entitled to payment of a pension Appoint- under this Act is for any cause unable to give a valid ; ~ ~ ~ : ~ o receipt for such payment the Tribunal or the chairman recei:ve may direct that payment be made to some person on his pensIOn. behalf, and the receipt of such person for any payment so made shall be a valid discharge. 22. (1.) The Minister may refer any question References i arising under this Act to the Industrial Court constituted O d t' 1 under t" The Industrial Conciliation and Arbitration Acts, c~u~ ~. rla 1932 to 1938." (2.) The Industrial Court shall, for the purpose of hearing and determining any question referred to it under this section, be constituted by a full bench. All persons interested and appearing before the Industrial Court, including the Minister and the Tribunal, shall be entitled to be heard. (3.) The power to make rules conferred by t" The Industrial Conciliation and Arbitration Acts, 1932 to 1938," shall extend to the making of rules for regulating the procedure to be followed in proceedings before the * 4 V. No. 5 and amending Acts. See v. 6, pp. 7 et seq. t 23 G. 5 No. 36 and amending Acts. See v. 4, pp. 1020 et seq.

224 PART V.- IDSIJEL· LANEOUS. MINING. Coal and Oil Shu.[e Mine Workers, Etc., Act. 5 GEO. VI. No. 24, Industrial Court arising under and pursuant to this section and for prescribing all matters which are necessary or convenient to be prescribed by such rules in relation to the exercise or discharge of the functions of that court under this section. Unpaid contribu- tions re- coverable as debt. 23. (1.) Any part of the contributions required to be paid by section eighteen of this Act that is not paid on the due date and all penalties incurred in respect thereof shall constitute a debt due and payable to the Crown, and shall be recoverable in any court of competent jurisdiction by the chairman of the Tribunal on behalf of the Crown by suit in his official name. (2.) If in any proceedings against any person for failure to pay any contribution payable under section eighteen of this Act within the time prescribed the defendant alleges that he is exempt from the obligation to pay the contribution, or that he has paid the contribution, the burden of proving such exemption or payment shall be on him. Recovery 24. (1.) Where it is found that any pension or ~ ~ ; ~ e: ~ ts of instalment of a pension which is not payable has been pensions. paid or that any sum paid by way of pension or instalment of pension is in excess of the amount so payable, the amount wrongly paid may be recovered as a debt due to the Crown at the suit of the chairman of the Tribunal in his official name, or, where it is practicable so to do, the Tribunal may make any necessary adjustments in any instalments of the same or any other pension thereafter becoming payable. (2.) Nothing in this section shall relieve the person wrongly receiving any such payment from any other liability in respect of any fraud committed by him. Accounts and audit. 25. (1.) The Tribunal shall cause to be kept proper books of account, and shall, as soon as practicable after the thirtieth day of June in each year, prepare and transmit to the Minister for presentation to Parliament statements of accounts in a form approved by the Auditor-General, exhibiting a true and correct view of the financial position and transactions of the Tribunal. (2.) The accounts of the Tribunal shall be audited by the Auditor-General, who shall have, in respect thereof, all the powers conferred on the Auditor-General by any law now or hereafter to be in force relating to

1941. MINING. Coal and Oil Shale Mine Workers, Etc., Act. 225 PART V.- MISCEL- LANEOUS. the audit of public accounts; and *" The Audit Acts, 1874 to 1936," shall apply to the Tribunal, the members of the Tribunal, and the officers and employees concerned in the administration of this Act in the same manner as it applies to accounting officers of public departments. 26. The Minister shall once in every three years, ~ ctua~ al and may at such other times as he thinks fit, cause an ~ f: : s! fga­ examination and report to be made by an actuary funds. appointed by him, upon the assets and liabilities of the Fund. 27. For the purpose of providing for the Advances by requirements of the Fund the Treasurer may, in and for Treasury. any period in respect of which a contribution is payable by him under this Act, make advances against the contribution payable by him in respect of that period to the Fund of such amount or amounts (not exceeding in the aggregate the amount of the contribution) as may in his opinion be necessary. Any such advance shall be in satisfaction in whole or in part of the contribution so payable in respect of that period. 28. (1.) Any person who, for the purpose Offences. of obtaining any pension under this Act, for himself or for any other person, or for the purpose of obtaining exemption from any obligation under this Act, for himself or for any other person, makes any false statement to or otherwise misleads or attempts to mislead the Tribunal, the registrar or any officer concerned in the administration of this Act or any other person whomsoever or otherwise commits any fraudulent act or omission, shall be guilty of an offence and shall be liable to a penalty not exceeding one hundred pounds or to imprisonment for twelve months. (2.) Where a person is convicted of an offence under subsection one of this section, and it is made to appear that, in consequence of such offence he was wrongly paid any amount by way of pension, the court may, in addition to the penalty or punishment referred to in that subsection, impose a penalty or additional penalty not exceeding twice the amount so wrongly paid. * 38 V. No. 12 and amending Acts. See v. 1, pp. 461 et seq. H

226 PART V.- MISCEL- LANEOUS. MINING. Coal and Oil Shale .Mine Workers, Etc., Act. 5 GEO. VI. No. 24, Recovery 29. (1.) Any penalty imposed by or under this Act of penalties. or the regulations may be recovered in a summary manner under *" The Justices Acts, 1886 to 1932." (2.) Any magistrate or justices may in any proceedings for a penalty under this Act or the regulations make such order as to the payment of costs as may be thought just, and may assess the amount of such costs. Fines and 30. All fines and penalties paid or recovered under penalties this Act or the regulations shall be paid to the Tribunal itnotobeFpuanidd. and shall be paid by it into the Fund. Regulations. 31. (1.) The Governor may make regulations prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2.) In particular and without prejudice to the generality of subsection one of this section the regulations may- (a) Prescribe the manner and form 0; claims for pensions, the persons by whom claims may be made, and the particulars to be furnished in support of such claims; (b) Prescribe the general conditions governing the allowance of pensions, and the manner in which such allowance is to be signified or evidenced; (c) Prescribe the general conditions governing the payment of pensions and the manner in which and times at which payment is to be made; (d) Make prOVISIOn for the repayment of contributions or part thereof (and either with or without interest), to contributors, or to the dependants of contributors, or to the dependants or estates of deceased contributors in such cases (if any) and subject to such conditions as may be prescribed; (e) Prescribe the terms and conditions upon and subject to which a mine worker awarded a pension pursuant to section six of this Act may engage in other employment and provide for the reduction of the total amount payable * 50 V. No. 17 and amending Acts. See v. 4, pp. 363 et 8eg.

1941. MINING. Coal and Oil Shale Mine Workers, Etc., Act. 227 PART V.- MISCEL- LANEOUS. to him as such pension (being the amount payable pursuant to the said section six, and any amounts payable pursuant to section eight of this Act) by a sum not exceeding the average weekly amount which he earns from such employment: provided that in no case shall the regulations prescribe that such total amount payable for any week shall be reduced below a sum which will together with the earnings of the mine worker concerned for that week amount to the basic wage for males declared for the time being by the Industrial Court under *" The Industrial Conciliation and Arbitration Acts, 1932 to 1938" ; (f) Prescribe the terms and conditions upon and subject to which a widow or other female awarded a pension pursuant to section nine of this Act may engage in employment and provide for the reduction of the amount payable to her as such pension by a sum not exceeding the average weekly amount which she earns from such employment: provided that in no case shall the regulations prescribe that such pension payable for any week shall be reduced below a sum which will together with the earnings of such widow or other female for that week amount to the basic wage for females declared for the time being by the Industrial Court under *" The Industrial Conciliation and Arbitration Acts, 1932 to 1938 " ; (g) Require employers of mine workers to keep records in such manner or in such form as may be prescribed, showing the commence- ment and cessation of the employment of each mine worker and such other particulars as may be prescribed; (h) Require any person to whom a pension is payable under this Act to make full and complete disclosure to the Tribunal in relation to any amounts which by this Act are directed to be deducted from the pension so payable, * 23 G. 5 No. 36 and amending Acts. See v. 4, pp. 1020 et seq.

228 PARTV.- MISCEL- LANEOUS. MINING. CoaJ and Oil Shale Mine Worker8, Etc., Act. 5 GEO. VI. No. 24, 1941. and to make such disclosure in such manner and at such times as the Tribunal may direct either generally or in any particular case or class of cases. (3.) The regulations may impose a penalty not exceeding ten pounds for any breach of the regulations. (4.) Regulations may be made on the passing of this Act. (5.) Any regulations made under this Act shall- (a) Be published in the Gazette, and upon such publication shall have the same force and effect as if it were enacted in this Act and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever; (b) Take effect from the date of publication, or from a later date to be specified in the regulations; and (c) Be laid before Parliament within fourteen sitting days after publication, if Parliament is then in session, and, if not, then within fourteen sitting days after the commencement of the next session. If Parliament passes a resolution of which notice has been given at any time within fifteen sitting days after such regulations have been laid before Parliament disallowing any regulation or part thereof, such regulation or part thereof shall thereupon cease to have effect, but without prejudice to the validity of anything done thereunder in the meantime or to the power to make any further regulations.