Coal and Oil Shale Mine Workers (Pensions) Acts Amendment Act of 1954 (3 Eliz Ii No. 9) (Qld)

MINING. 3 E liz . II. No. 9, 1954. Coal and Oil Shale Mine Workers, Etc. Act. 227 MINING. (1) Coal and Oil Shale Mine Workers {Pensions) Acts Amendment Act of 1954 3 Eliz. II. No. 9 (2) Coal Industry {Control) Acts Amendment Act of 1954 ..................................... 3 Eliz. II. No. 8 (3) Mining on Private Land Acts Amendment Act of 1954 ..................................... 3 Eliz. II. No. 7 An Act to Amend “The Coal and Oil Shale Mine 3 N E o l . iz 9 . . II. Workers (Pensions) Acts, 1941 to 1952,” in T ahned CO oilal S hale M ine certain particulars. W orkers (P ensions ) A cts A mendment [A ssented to 27 th A pril , 1954.] A ct oe 1954. B E it enacted by the Queen’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:— 1. (1.) This Act may be cited as “ The Goal and Oil ^r*o^tle Shale Mine Workers ( Pensions) Acts Amendment Act Action. of 1954,” and shall be read as one with *“ The Goal and Oil Shale Mine Workers ( Pensions) Acts, 1941 to 1952,” herein referred to as the Principal Act. The Principal Act and this Act may be collectively Collective cited as “ The Coal and Oil Shale Mine Workers (Pensions) tltle‘ Acts, 1941 to 1954.” (2.) Sections two to six, both inclusive, of this Commenoe- Act shall be deemed to have come into operation on“efh^2 the twenty-ninth day of October, one thousand nme hundred and fifty-three, and shall operate retrospectively accordingly. 2. Section six of the Principal Act is amended— Amendments (i.) By repealing in subsection one the words “of four pounds ten shillings per week ” and by inserting, in lieu of those repealed words, the words “at the ajpplicable rate prescribed by section 10 b of this Act ” ; ’ ’ (ii.) By repealing in subsection two the words “ of four pounds ten shillings per week ” and by inserting, in lieu of those repealed words, the words “ at the applicable rate prescribed by section 10 b of this Act ” ; * 5 G. 6 No. 24 and amending Acts.

228 MINING. Coal and Oil Shale Mine Workers, Etc., Act. 3 E liz . II. No. 9, (iii.) By repealing in subsection three the words “ of four pounds ten shillings per week ” and by inserting, in lieu of those repealed words, the words “ at the applicable rate prescribed by section 10 b of this Act Amendments 3. Section seven of the Principal Act is amended— of s. 7. (i.) By repealing in subsection one the words “ of four pounds ten shillings per week ” and by inserting, in lieu of those repealed words, the words “ at the applicable rate prescribed by section 10 b of this Act ” ; (ii.) By repealing in subsection 1 a the words “ of four pounds ten shillings per week ” and by inserting, in lieu of those repealed words, the words “ at the applicable rate prescribed by section 10 b of this Act ”. Amendments 4< Section eight of the Principal Act is amended— (i.) By repealing in subsection one the words “ consisting of the following amounts ” and by inserting, in lieu of those repealed words, the words “ at the applicable rate prescribed by section 10 b of this Act in respect of the following dependants and persons, namely ” ; (ii.) By repealing in paragraph (a) of subsection one the words “ An amount of three pounds fifteen shillings per week in respect of ” ; (iii.) By repealing in paragraph ( b) of subsection one the words “ An amount of ten shillings per week in respect of ” ; and by repealing in that paragraph the words “ which amount ” and by inserting, in lieu of those lastmentioned repealed words, the words “ which addition ” ; (iv.) By repealing in paragraph (c) of subsection one the word “ amount ”, wherever appearing, and by inserting, in lieu of that repealed word, the word “ addition ” where and so often as it is so repealed; by repealing in that paragraph (c) the words “ of three pounds fifteen shillings per week ” and by inserting, in lieu of those repealed words, the words “ at the applicable rate prescribed by section 10 b of this Act ” ; and by repealing in that paragraph the words “ weekly payment” and by inserting, in lieu of those lastmentioned repealed words, the word “ addition ” ;

1954. MINING. Coal and Oil Shale Mine Workers, Etc., Act. 229 (v.) By repealing in paragraph (d) of subsection one the word “ amount ”, wherever appearing, and by inserting, in lieu of that repealed word, the word “ addition ” where and so often as it is so repealed; and by repealing in that paragraph the words “ of ten shillings per week ” and by inserting, in lieu of those repealed words, the words “ at the applicable rate prescribed by section 10 b of this Act ” ; (vi.) By repealing in subsection two the words “ a pension ” and by inserting, in lieu of those repealed words, the words “ an addition to a pension ” ; (vii.) By repealing in subsection four the word “ amount ” and by inserting, in lieu of that repealed word, the words “ addition to a pension ” ; and by repealing in that subsection the word “ pension ” and by inserting, in lieu of that repealed word, the word “ addition ”; (viii.) By repealing in subsection five the words “of an amount of three pounds seven shillings and sixpence per week ” and by inserting, in lieu of those repealed words, the words “ at the applicable rate prescribed by section 10 b of this Act ” ; and by repealing in that subsection the words “ such amount of three pounds seven shillings and sixpence per week ” and by inserting, in lieu of those lastmentioned repealed words, the words “ the amount of the addition awarded by the Tribunal pursuant to this subsection ” ; (ix.) By repealing in subsection six the words “ of an amount of three pounds seven shillings and sixpence per week ” and by inserting, in lieu of those repealed words, the words “ at the applicable rate prescribed by section 10 b of this Act 5. Section nine of the Principal Act is amended— Amendments of s. 9. (i.) By repealing in subsection one the words “ of four pounds per week ” and by inserting, in lieu of those repealed words, the words “ at the applicable rate prescribed by section 10 b of this Act ” ; (ii.) By repealing in subsection one all words from and including the words “ and the persons referred to ” to the end of the said subsection one and by inserting, in

230 MINING. Coal and Oil Shale Mine Workers, Etc., Act. 3 E liz . II. No. 9, lieu of those repealed words, the words “ and any and every person referred to in paragraphs ( b ) and (d) of subsection one and in subsections two, three and four of section eight of this Act in respect of whom such person or mine worker, if he had remained alive, would have been entitled, by virtue of any of those paragraphs and subsections, to an addition to his pension shall also be eligible for a pension at a rate equal to the applicable rate as prescribed by section 10 b of this Act of that addition and for the period for which that addition, if payable, would be paid in accordance with any of those paragraphs and subsections : Provided that a pension shall not be paid under this subsection unless the Tribunal is satisfied that the person in respect of whom that pension is claimed was totally or mainly maintained by the person awarded a pension pursuant to section six or section seven of this Act or mineworker consequent on whose death the pension is claimed.” ; (iii.) By adding after subsection one the following subsection, namely:— “ ( 1 a .) Where any female who has been awarded a pension under this section by the Tribunal for that she was the widow of a person specified in paragraph (a) of subsection one of this section or of a mine worker or the female in respect of whom, if that person or mine worker had remained alive, he would have been entitled to an addition to his pension in pursuance of paragraph (c) of subsection one of section eight of this Act, proves to the satisfaction of the Tribunal that she is an invalid, and that by reason thereof she is permanently incapable of performing her domestic duties and employs a female over the age of sixteen years to care for her, and that her monetary circumstances warrant an addition to her pension, the Tribunal may award an addition to her pension at the applicable rate prescribed by section 10 b of this Act.”. New s. 10 b 6. The following section is inserted after section inserted. ten of the Principal Act, namely :— RensionB and ** [^B-] The weekly rates of the pensions or additionsadditions which may be awarded by the Tribunal to pensions. mine workers, other persons, or the dependants of mine workers or other persons who are eligible therefor under

MINING. 1954. Coal and Oil Shale Mine Workers, Etc., Act,. or pursuant to the sections, subsections, and paragraphs of this Act set out in the first column of the Table to this section shall be the amounts set out in the second column of that Table opposite and relative to those sections, subsections, and paragraphs respectively. TABLE. Section, Subsection, or Paragraph of this Act. Amount of the Weekly Kate of Pension or Addition to Pension. Section 6 .. .. .. .. .. .. Section 7 .. .. .. .. .. .. Paragraph (a) or paragraph (c) of subsection (1) of section 8 .. .. . . .. .. .. Paragraph (6) or paragraph (d) of subsection (1) of section 8 .. .. .. .. .. .. Subsection (5) or subsection (6) of section 8 .. .. Subsection (1) of section 9 (so far as relates to the widow of the deceased person or mine worker in question or the female, in respect of whom, if that person or mine worker had remained alive, he would have been entitled to an addition to his pension in pursuance of paragraph (c) of subsection (1) of section 8 of this Act) .. .. .. .. Subsection (1 a ) of section 9 .. .. .. .. £ s. d. 4 12 6 4 12 6 3 17 6 0 10 0 3 10 0 426 3 10 0” 231 7. Section twenty of the Principal Act is amended Amendments by adding thereto the following subsection, namely :— ° s'20" “ 14.) Where any person eligible for or in receipt of a pension pursuant to section nine of this Act is sentenced to imprisonment for a period in excess of one month or becomes a mentally sick person within the meaning of *“ The Mental Hygiene Act of 1938,” the pension rights under this Act of that person shall be suspended during that period of imprisonment or, as the case may be, during the period during which that person continues to be a mentally sick person.”. * 2 G. 6 No. 21.