Coal and Oil Shale Mine Workers (Pensions) Acts Amendment Act of 1958 (7 Eliz Ii No. 31) (Qld)

MINING. 7 E liz . II. No. 31,1958. Coal and Oil Shale Mine Workers, Etc., Act. 513 MINING. (1) Coal and Oil Shale Mine Workers (Pensions) Acts Amendment Act of 1958 .. .. 7 Eliz. II. No. 31 (2) Mines Regulation Acts Amendment Act of 1958 (No. 2) ........................................7 Eliz. II. No. 26 (3) Petroleum Acts Amendment Act of 1958 .. 7 Eliz. II. No. 25 An Act to Amend “ The Coal and Oil Shale Mine 7l 5 ® 3 iu Workers (Pensions) Acts, 1941 to 1957,” yfi&g* in certain particulars. ac ^ n 3 j . MENT ACT OF [A ssented to 14 th O ctober , 1958.] ' T> E it enacted by the Queen’s Most Excellent Majesty, JL> 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 Coal and short title. Oil Shale Mine Workers ( Pensions) Acts Amendment Act of 1958.” (2.) *“ The Coal and Oil Shale Mine Workers Principal (Pensions) Acts, 1941 to 1957,” are in this Act referredAct' to as the Principal Act. (3.) The Principal Act and this Act may be Collective collectively cited as “ The Coal and Oil Shale Mine tltle Workers (Pensions) Acts, 1941 to 1958.” 2. Subsection three of section six of the Principal Amendments Act is amended as follows :— *• of s. 6 (3). (а) By inserting after the words “ in all ” in aragraph (a) the words “ or has complied with the erms and conditions specified in a permit issued to him ursuant to section 6 a of this Act ”; and (б) By inserting after the words “ other work ” in he proviso the words “ except work for which a permit was issued to him pursuant to section 6 a of this Act ”.3 3. The following section is inserted after section New s. 6 a six of the Principal Act, namely : — inserted. “ [5 a .] (1.) A mine worker who has subsequent to Permit to he first day of April, one thousand nine hundred and other*11 fifty-four, been retrenched from his employment as a industry. * 5 G. 6 No. 24 and amending Acts.

514 MINING. Coal and Oil Shale Mine Workers, Etc., Act. 7 E liz . II. No. 31, mine worker or whose employment as a mine worker has been terminated by reason of fire, flood or tempest, may subject to this section be issued with a permit authorising him to be employed in some industry, other than the coal or oil shale mining industries. (2.) The Tribunal may issue a permit under this section to an applicant for such a permit who satisfies the Tribunal that he has been engaged in the coal or oil shale mining industries in Queensland for a continuous period of not less than ten years immediately preceding the date on which he was retrenched from his employment, or his employment was terminated as specified in subsection one of this section, and diming such period has actually worked in or about a coal or oil shale mine in Queensland for a total period of not less than five years. (3.) A permit issued under this section shall specify the period during which it is to remain in force and may be renewed from time to time for a further period specified in such renewal. (4.) A permit issued under this section shall specify the terms and conditions subject to which it is issued and is to remain in force. Such terms and conditions shall include conditions— (а) As to the industry in which and the place at which or the person by whom the holder of the permit is to be employed during the currency of the permit; ( б ) Requiring the payment of a weekly rate of contribution to the Fund by the holder of the permit during the currency of the permit, and in the case of a holder who was retrenched from his employment or whose employment was terminated as specified in subsection one of this section before the commencement of *“ The Goal and Oil Shale Mine Workers ( Pensions ) Acts Amendment Act of 1958,” requiring the payment of an additional amount specified therein by way of contribution to the Fund. Such weekly rate of contribution shall not exceed the rate of contribution paid for the time being by persons employed in or about a coal or oil shale mine and such additional amount shall * This Act.

MINING. 515 1958. Coal and Oil Shale Mine Workers, Etc., Act. be calculated as from the date on which the holder of the permit was retrenched from employment or his employment terminated as aforesaid, at such weekly rate, not exceeding that paid at the relevant period by persons employed in or about a coal or oil shale mine, as the Tribunal may determine. (5.) The Tribunal may cancel any permit issued under this section if the holder thereof has failed to— (a) Comply in every respect with the terms and conditions specified therein; (b) Accept any available employment in the coal or oil shale mining industry for which he is qualified and which in the opinion of the Tribunal is suitable to him; or (c) Pay his weekly contribution to the Fund as required by the permit. (6.) For the purposes of section six of this Act a person who is the holder of a permit issued to him under this section and who complies with the terms and conditions specified therein shall be deemed to be engaged in the coal or oil shale mining industry during the period for which such permit remains in force. (7.) Notwithstanding anything contained in this Act no owner shall be assessed or liable to pay contributions under section eighteen of this Act in respect of any person who is the holder of a permit issued under this section.” 4-. Section nine of the Principal Act is amended by Amendment repealing subsections two, three, four and five thereof. ofs-9-5 5. Subsection five of section seventeen of the Amendment Principal Act is amended by adding thereto the following of s'17 paragraph:— “ For the purposes of this subsection the Tribunal shall be a body corporate under the name and style of the “ Miners Pensions Tribunal, Queensland ” and by that name shall have perpetual succession and an official seal, and shall be capable in law of suing and being sued in its corporate name and of acquiring, holding, leasing and disposing of property, real and personal, movable and immovable, and of doing and suffering all such other acts, matters and things as bodies corporate may by law do and suffer.”