Coal and Oil Shale Mine Workers (Pensions) Acts Amendment Act of 1947 (11 Geo Vi No. 26) (Qld)

178 MINING. . Coal and Oil8hale, Etc. (Pensions), Etc., Act. 11 GEO. VI. No. 26, 11 ~ ? o E . O 2 . 6 V . I. An Act to Amend "The Coal and Oil Shale Mine ~ ' i: ' ~ : x~ lIg~ L l W PE O ~ R ~ K ~ E ~ R NS S ) WI • n ocrekre t rasI . n( PpeanrtsliC . onus 1 a) rsA. cts, 1941 to 1945," A~ IENDMENT ACT OF 1947. [ASSENTED TO 8TH OCTOBER, 1947.] 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;- Short title 1. This Act may be cited as "The Coal and Oil : ~ ~ struction. Shale Mine Workers (Pensions) Acts Amendment Act of 1947," and shall be read as one with *" The Coal and Oil Shale Mine Workers (Pensions) Acts, 1941 to 1945," herein referred to as the Principal Act. Collective The Principal Act and this Act may collectively be title. cited as" The Coal and Oil Shale Mine Workers (Pensions) Acts, 1941 to 1947." Amendment 2. In subsection two of section two of the Principal of s. 2 (2). Act the words "wages man" wherever appearing are repealed and the word "person " is inserted in lieu of such repealed words. New s. 2B inserted. 3. The following section, numbered 2B, is inserted after section 2A of the Principal Act, namely ;- " [2 B.] (1.) A reference in this section to the commencement of this sention shall be construed as a reference to the date on which Royal Assent to t"The Coal and Oil Shale Mine Workers (Pensions) Acts Amendment Act of 1947" is signified. (2.) As from the commencement ofthis section, where in any mine or any portion of a mine in Queensland the operation of getting coal or oil shale is carried on by some person (herein called" the contractor ") other than the owner (as defined by this Act) of the mine pursuant to an agreement in that behalf made between the owner * 5 O. 6 No. 24 and amending Acts. t This Act.

1!J47. MINING. COG,l and Oil Shale, Etc. (Pensions). Etc., rict. 179 and the contractor, every person employed by the 'contractor in carrying on such operation who, if he carried out the same duties or performed the same work as an employee of the owner of the mine, would be a mine worker under this Act shall for the purposes of this Act be deemed to be a mine worker, but this provision shall not constitute the contractor the owner, within the meaning of this Act, of the mine. (3.) As from the commencement of this section the provisions of this Act shall apply to and in respect of persons who are by virtue of subsection two of this section deemed to be mine workers." 4. Section six of the Principal Act is amended as Amendment.s c .lo 100vs:- l ' of s. 6. (a) In subsection one thereof the words "to a pension of two pounds per week " are repealed and the words "for a pension of two pounds and five shillings per week " are inserted in lieu thereof. (b) In subsection two thereof the words "one pound ten shillings " are repealed and the words "two pounds and five shillings" are inserted in lieu thereof. (c) In subsection three thereof the words "one pound ten shillings " are repealed and the words "two pounds and five shillings" are inserted in lieu thereof. 5. Subsection one of section seven of the Principal Afme~ dt~ \ ent Act is amended by inserting the words" and five shillings" 0 s. . after the words " two pounds " therein. 6. Subsection one of section eight of the Principal Amendment Act is amended, as follows :_ ofs. 8 (1). (Ct) In paragraph (a) thereof the words "and ten shillings " are inserted after the words " one pound." (b) In paragraph (b) thereof the words "eight shillings and sixpence" are repealed and the words "ten shillings" are inserted in lieu of such repealed words. (c) In paragraph (c) thereof the words "und ten shillings " are inserted after the words " one pound."

lS0 .MINING. Coal and Oil Shale, Etc. (Pensions), Etc., Act. 11 GEO. VI. Ko. 26, (d) In paragraph (d) thereof the words "eight shillings and sixpence" are repealed and the ·words "ten shillings" are inserted in lieu of such repealed words. Amendments 7. In subsection one of section nine of the Principal of 8. !l. Act the words "ten shillings" are repealed and the words "and fifteen shillings" are inserted in lieu of such repealed words. In subsection two of the said section nine the words "subsection three " are repealed and the words " subsections three, four, and five" are inserted in lieu of such repealed words. The said section nine is further amended by adding the following subsection thereto, namely:- "(5.) The provisions of subsections two, three, and four of this section shall apply and extend so as not to disqualify any dependant of a deceased mine worker from receiving- (a) As from the date of the passing of *" The Coal and Oil Shale Mine Workers (Pensions) Acts Amendment Act of 1947," if such deceased mine worker attained or, had he lived, would have attained the age of retirement before such date; or (b) As from the date of the death of such deceased mine worker, if such mine worker dies after attaining the age of retirement and on or after the passing of *" The Coal and Oil Shale Mine Workers (Pensions) Acts Amendment Act of 1947 " ; or (c) As from the date when snch deceased mine worker would, had he lived, have attained the age of retirement, if such date occurs on or after the passing of *" The Coal and Oil Shale JJ,fine Workers (Pensions) Acts Amendment Act of 1947," any pension for which such dependant is eligible under subsection one of this section." " * This Act.

1947. MINING. Coal (IInl Oil Shale, li:tc. (Pensions), Btc., Act. 181 8. Subsection three of section ten of the PrineipaJ Amendment A o C t I . S repea 1 e d . of s. 10. 9. Section eleven of the Principal Act is amended Amendment by adding the following subsection thereto, namely:- of s. ll. "(4.) The provisions of this section shall apply and extend so as not to disqualify any mine worker who has reached the age of retirement from receiving- (a) As from the date of the passing of *" The Coal and Oil Shale ~ vline Workers (Pensions) Acts Amendment Act of 1947," if such mine worker attained the age of retirement before such date; or (b) As from the age of retirement of such mine worker if he attains such age on or after the passing of *" The Coal and Oil Shale .Mine Workers (Pensions) Acts Anwndment Act of 1947," any pension for which he is eligible under section six of this Act, and any addition to such pension for which he is eligible under section eight of this Ad,." 10. Section twelve of the Principal Act is amended Amendment by repealing the words "or as endowment under the of s. 12. tGhild Endowment Act 1941 of the Parliament of the Commonwealth or under t" The State Children Acts, 1911 to 1928"." as c ~o 1 1 1 o 1 w . Sse:c-tion . eighteen of the Principal Act is amended oAfms. enISd.ment (a) In subparagraph (i.) of the first paragraph of subsection three thereof the words "one-third part" are repealed and the words "two-seventh parts" are inserted in lieu of such repealed words. (b) In subparagraph (ii.) of the first paragraph of subsection three thereof the words "two-third parts" are repealed and the words "five-seventh parts" are inserted in lieu of such repealed words. * This Act. t No. 8 of 1941 of the Commonwealth. t 2 G. 5 No. 11 and ame.'lding Act,s.

182 MINING. --_._--- -.-----------.----,,----- Ooaland Oil Shale, Etc. (Pensi011s),Etc.,Act. 11 GElo. VI. No. 26,1947. (c) The following paragraph is added to subsection three thereof, namely :- "If contributions payable by individual owners are based on the respective numbers of their employees, every person called in section 2B of this Act "the contractor" shall, notwithstanding anything contained in this Act, be liable to pay under this subsection as an owner." pate OM a~ d 12. Where a pension or any addition to a pension is, i~ ~ : : es ~ 1' 1 at the date of the passing of this Act, payable under the ~ ensions, bI Principal Act, any increase in the amount of such pension c.,paya e. or addition made by this Act shall be payable on and from the commencement of the first complete period of fourteen days occurring after such lastmentioned date for which such pension or addition is payable as prescribed. Individual contribu. tions for 1947.1948. 13. Notwithstanding the passing of this Act, the respective contributions to the Fund by individual mine workers and individual owners as assessed by the Tribunal prior to the passing of this Act for the period of twelve months commenced on the first day of July, one thousand nine hundred and forty-seven, shall continue to be payable and recoverable in respect of that period under and in accordance with the provisions of the Principal Act and the regulations thereunder in force immediately prior to the passing of this Act.