Coal and Oil Shale Mine Workers (Pensions) Acts Amendment Act of 1955 (4 Eliz Ii No. 30) (Qld)

MINING. 4 E liz . II. No. 30, 1955. Coal and Oil Shale Mine Workers, Etc., Act. 275 MINING. (1) Coal and Oil Shale Mine Workers (Pensions) Acts Amendment Act of 1955 .. .. 4 Eliz. II. No. 30 (2) Mining Acts Amendment Act of 1955 .. 4 Eliz. II. No. 41 (3) Petroleum Acts Amendment Act of 1955 .. 4 Eliz. II. No. 25 An Act to Amend “ The Coal and Oil Shale Mine Workers (Pensions) Acts, 1941 to 1954,” in certain particulars. [A ssented to 21 st N ovember , 1955.] 4 E liz . II. No. 30. T he C oal and O il S hale M ine W orkers (P ensions ) A cts A mendment A ct oe 1955. E it enacted by the Queen’s Most Excellent Majesty, B 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 Short titIe- Shale Mine Workers ( Pensions) Acts Amendment Act of 1955.” (2.) *“ The Goal and Oil Shale Mine Workers Principal ( Pensions) Acts, 1941 to 1954,” are in this Act referredAct' to as the Principal Act. (3.) The Principal Act and this Act may be Collective collectively cited as “ The Goal and Oil Shale Minetltle' Workers ( Pensions) Acts, 1941 to 1955.” 2. The following section is inserted after section 2 b New s. 2 o of the Principal Act, namely :— mserte . “ [2c.] ( 1.) A reference in this section to the Definition commencement of this section shall be construed as a w™ker ” reference to the date on which Royal Assent to f“ The further Goal and Oil Shale Mine Workers ( Pensions) Acts exten 6 ■ Amendment Act of 1955,” shall have been 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 any and every person who, not being a contributor to the Fund, is in the opinion of the Tribunal wholly or mainly employed in the coal or oil shale mining industry— (a) As a general manager or superintendent; or * 5 G. 6 No. 24 and amending Acts, f This Act.

276 MINING. Coal and Oil Shale Mine Workers, Etc., Act. 4 E liz . II. No. 30, (6) As secretary of or as a clerical worker in the office organisation wheresoever established by any owner (as defined by this Act) of a coal or oil shale mine or by any person who for the purposes of section 2 b of this Act is called in that section “ the contractor ”, for carrying on his business as such : Provided that the definition “ mine worker ” as extended by this section shall not include any person hereinbefore specified in this section who is a contributor to the Public Service Superannuation Fund established under *“ The Public Service Superannuation Acts, 1912 to 1954.” (3.) The retiring age of persons who are members of the classes referred to in subsection two of this section shall be sixty-five years provided that any such person may, if in the opinion of the Tribunal the circumstances so warrant, retire, or be retired at any time after he attains the age of sixty years and before he attains the age of sixty-five years, and in any such case a reference in any provision of this Act to the “ date of retirement ” shall, notwithstanding anything elsewhere contained in this Act, in the application of that provision to and in respect of such person, be construed as a reference to the date upon which he so retires or is retired. (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 have and take effect as if the age of sixty-five years or, where such a person retires or is retired after attaining the age of sixty years but before the age of sixty-five years, the age at which such person retires or is retired were substituted for the age of sixty years referred to therein, and references, expressed or implied, in that section to the commencement of Part II. of this Act, shall be * 3 G. 5 No. 28 and amending Acts.

MINING. 277 1955. Coal and Oil Shale Mine Workers, Etc., Act. construed, as references to the commencement of this section, and references in this Act to the “ date of retirement ” shall he construed accordingly.” 3. (1.) Section 10 b of the Principal Act is amended Amentoent by repealing the Table to that section and by inserting,0 8‘ in lieu of that repealed Table, the following Table, namely:— TABLE. Section, Subsection, or Paragraph of this Act. Amount of the Weekly Rate of Pension or Addition to Pension. Section 6 .. .. .. .. .. .. Section 7 .. .. .. .. .. .. Paragraph (a) or paragraph (c) of subsection (1) of section 8 .. .. .. .. .. .. Paragraph (b) 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 .. .. .. .. £ $. d, 526 526 476 0 15 0 400 4 12 6 400 (2.) This section shall be deemed to have come into force on the twenty-seventh day of October, one thousand nine hundred and fifty-five, and shall operate retrospectively accordingly. 4. Section 12 a of the Principal Act is amended by Amendment repealing the words “ during any period of employmentofs> 12a* exceed two pounds ten shillings per week 55 and by inserting, in lieu of those repealed words, the words 66 during any calendar year exceed five pounds ten shillings per week.5’.