Coal and Oil Shale Mine Workers (Superannuation) Amendment Act 1971 (NSW)
COAL AND OIL SHALE MINE WORKERS (SUPER
ANNUATION) AMENDMENT ACT.
ANNO VICESIMO
ELIZABETHE II REGINE
Act No. 17 ,1971.
An Act to make further provisions relating to the entitlement of mine workers and other persons to pensions and relating to the constitution, powers, authorities, duties and functions of the Superan nuation Tribunal; for these and other purposes to amend the Coal and Oil Shale Mine Workers (Superannuation) Act, 1 9 4 1 ; to validate certain matters; and for purposes connected therewith.
BE [Assented to, 25th May, 1 9 7 1 . ]
E it enacted by the Queen's Most Excellent Majesty, by
| B and with the advice and consent of the Legislative | Council and Legislative Assembly of New South Wales in |
| Parliament assembled, and by the authority of the same, as follows: — |
(1) This Act may be cited as the "Coal and Oil Shale Mine Workers (Superannuation) Amendment Act, 1971".
1.
(2) The Coal and Oil Shale Mine Workers (Super annuation) Act, 1941, is in this Act referred to as the Principal Act.
2 . Part I of the Principal Act is amended—
(a) (i) by inserting in subsection two of section one next after the matter relating to Part IVA the following new matter : —
PART IVB.—REFUND OF MINE WORKERS' CONTRIBUTIONS—ss. 19I-19K.
(ii) by inserting at the end of the same subsection the word and symbol "SCHEDULE.";
(b) (i) by inserting next before the definition of
"Injury" in subsection one of section two the following new definition : —
"Conciliation and Arbitration Act" means the Commonwealth Conciliation and Arbitration Act 1904 of the Parlia ment of the Commonwealth as amended by subsequent Acts of that Parliament.
(ii)
(ii) by omitting from paragraph (h) of the definition of "Mine worker" in the same sub section the words "Commonwealth Concilia tion and Arbitration Act 1904-1934 of the Parliament of the Commonwealth" and by inserting in lieu thereof the words "Concilia tion and Arbitration Act";
(iii) by inserting next after the definition of "Regulations" in the same subsection the following new definition :—
"Social Services Act" means the Social Services Consolidation Act 1947 of the Parliament of the Commonwealth as amended by subsequent Acts of that Parliament.
(c) (i) by inserting next after subsection three of
section 2E the following new subsection :—
(3A) Any period for which a person, who, after the commencement of section two of the Coal and Oil Shale Mine Workers (Super annuation) Amendment Act, 1971, applies for a permit under this section, was a mine worker before the eighth day of October, one thousand nine hundred and forty-one, shall be
disregarded for the purposes of paragraph (c) of subsection three of this section. (ii) by omitting from subsection four of the same section the words "may be renewed from time to time for a further period specified therein" and by inserting in lieu thereof the words "that period may, from time to time, be extended by the Tribunal";
(iii)
(iii) by inserting next after the same subsection the following new subsection :—
(4A) The period for which a person may, after the commencement of section two of the Coal and Oil Shale Mine Workers (Super annuation) Amendment Act, 1971, be authorised to be employed in some industry, other than the coal or oil shale mining industry, upon the occurrence of any event referred to in paragraph (a) of subsection two of this section shall not exceed five years, unless the Tribunal, upon application made to it by that person and having regard to the circum stances of the case, otherwise determines.
(d) by inserting next after section 2i the following new section :— 2J. (1) Where any work is performed or to be performed in or about or in connection with a coal or oil shale mine in New South Wales, whether in pursuance of a contract or otherwise, the Minister may, from time to time, by order in writing (which order is, in this section, referred to as "the order") , declare that that work or so much of that work as is specified or described in the order shall be mine work for the purposes of this section.
(2) The specification or description of any
work in the order may be made by reference to
such matters as the Minister thinks fit.(3) Without affecting the generality of sub section two of this section, work may be specified or described in the order by reference to the work performed or to be performed by a person or class of persons specified or described therein.
( 4 )
(4 ) The order shall take effect from the day specified therein as the date of commencement of the order.
(5 ) The Minister shall not, in the order, specify a day under subsection four of this section that is earlier than three months before the date of the order unless the Minister is satisfied that in all the circumstances of the case it is just and reasonable to do so.
(6 ) Subject to this section, the Minister may, in the order, specify a day under subsection four of this section that is before or after the commencement of section two of the Coal and Oil Shale Mine Workers (Superannuation) Amendment Act, 1971.
(7 ) As from the date of commencement of the order the definition of "Mine worker" in sub section one of section two of this Act shall be extended to include a person who is engaged in mine work, whether or not he is or would, but for subsection eight of this section, be a mine worker by virtue of any other provision of this Act.
(8 ) During any period that a person is a mine worker by virtue of this section and the operation of the order he shall be deemed, notwith standing anything elsewhere contained in this Act, not to be a mine worker during that period by virtue of any other provision of this Act.
(9 ) Without affecting the generality of any other provision of this section, the Minister may, in the order, declare that a person specified or described therein, or a person of a class of persons specified or described therein, is not a mine worker by virtue of this section and the operation of the order, and the declaration shall have effect according to its tenor.
( 1 0 )
( 1 0 ) The retiring age of any person who
by virtue of this section and the operation of the order is a mine worker shall be such age as is specified in the order, and applicable to him, as his
retiring age : Provided that, where an age (being later than the age of sixty years) is so specified and applicable to him, he may 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 else where 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.
(11) As from the date of commencement of the order the provisions of this Act shall, subject to this section, apply to and in respect of persons who are mine workers by virtue of this section and the operation of the order :
Provided that the provisions of this Act in their application to and in respect of any such person shall be deemed to have been modified to the following extent, that is to say—references, express or implied, in this Act, to the commencement of Part I I of this Act, shall be construed as references—
(a ) where the date of the order is later than the date of commencement of the order—to
the date of the order; or
(b ) in any other case—to the date of commencement of the order :
Provided further that the provisions of this Act, in their application to and in respect of such person, shall be deemed to be modified to the following extent, that is to say—sections five and six of this
Act
Act shall have and take effect as if the age specified in the order and applicable to such person, or where such person retires or is retired before the age of sixty-five years, as permitted by the proviso to sub section ten of this section, the age at which such person retires or is retired were substituted for the age of sixty years referred to in those sections, and references in this Act to the "date of retirement" shall be construed accordingly.
(12) For the purposes of this Act, all mine work shall be deemed to be work in or about a coal or oil shale mine.
(13) The regulations may make provision for or with respect to requiring any person to for ward notices, to make returns or to give informa tion for the purpose of enabling the Tribunal to determine whether any work should be declared to be mine work.
(14) Any power or duty conferred or imposed upon the Minister by this section may be exercised or performed by him upon the recom mendation of the Tribunal.
(15) In this section—
"date of commencement of the order" means the day specified in the order as the date of commencement thereof;
"date of the order" means the date on which the
"mine work" means any work declared to be order is made; mine work under subsection one of this
section.
(e) (i) by omitting from subsection four of section three the words "Commonwealth Conciliation and Arbitration Act 1904-1934" and by inserting in lieu thereof the words "Concilia tion and Arbitration Act" ;
(ii)
(ii) by inserting at the end of the same section the following new subsection : —
(8) Where a mine worker ceases to be engaged in the coal or oil shale mining indus tries for any period not exceeding three months, or for any periods none of which exceed three months, the Tribunal may, if it is just and equitable to do so, disregard that period or those periods for the purpose of determining continuity of engagement in those industries : Provided that the Tribunal shall not disregard a period under this subsection unless the mine worker became engaged in those industries upon the expiration of the period.
Part II of the Principal Act is amended—
(a) (i) by omitting from subsection one of section six the words "two pounds per week" and by inserting in lieu thereof the words "the appropriate amount per week referred to in
section 1OEA of this Act" ; (ii) by inserting at the end of the same subsection the following new paragraph : —
Where a mine worker's date of retirement is later than the commencement of section three of the Coal and Oil Shale Mine Workers (Superannuation) Amendment Act, 1971, any
period
period for which he was engaged in the coal or oil shale mining industries in New South Wales before the eighth day of October, one thousand nine hundred and forty-one, shall be disregarded in determining his eligibility for a pension pursuant to this subsection.
(iii) by omitting from subsection (1A) of the same section the words "two pounds fifteen shillings per week" and by inserting in lieu thereof the words "the appropriate amount per week referred to in section 1OEA of this Act";
(iv) by inserting at the end of subsection (1A) of
the same section the following new paragraph : —
Any person who became a mine worker after the commencement of the Coal and Oil Shale Mine Workers (Pensions) Amendment Act, 1949, and before the commencement of section three of the Coal and Oil Shale Mine Workers (Superannuation) Amendment Act, 1971, or who becomes a mine worker after the commencement of that section, shall be deemed never to have been eligible, and shall not be eligible, for a pension pursuant to subsection one of this section.
(v) by omitting from subsection two of the same section the words "two pounds per week" and
by inserting in lieu thereof the words "the appropriate amount per week referred to in section IOEA of this Act" ; (vi) by omitting from subsection three of the same section the words "two pounds per week" and by inserting in lieu thereof the words "the appropriate amount per week referred to in section 1OEA of this Act" ;
(vii)
(vii) by omitting from the same subsection the words "six pounds two shillings and sixpence per week" and by inserting in lieu thereof the words "the appropriate amount per week referred to in section 1OEA of this Ac t" ;
(viii)
by omitting subsections four to fifteen (inclusive) of the same section;
(b) by inserting next after section six the following new sections :— 6A. A mine worker shall not be eligible for a pension pursuant to section six of this Act if he is a new entrant within the meaning of section 6B of this Act.
6B. (1 ) In this section, "new entrant" means a mine worker whose date of retirement is later than the commencement of section three of the Coal and Oil Shale Mine Workers (Superannuation) Amend ment Act, 1971 ,and—
(a) who was not engaged in the coal or oil shale mining industries immediately before that commencement; or (b) who was so engaged immediately before that commencement but ceased to be so engaged for any period after that commencement and before the date of retirement, but does not include a mine worker declared by the Tribunal under subsection six of this section not to be a new entrant.
(2 )
(2 ) A new entrant shall be eligible as from the date of retirement to a pension of the appropriate amount per week referred to in section
1OEA of this Act—
(a) if he has been continuously engaged in the coal or oil shale mining industries for a period of not less than fifteen years immediately before the date of retirement; or (b) if he has been engaged in the coal or oil shale mining industries for two or more periods together amounting to not less than fifteen years and if— (i) every period between those periods was an approved interval referred to in subsection three of this section; and
(ii) he has been continuously engaged in those industries for the period of twelve months immediately before the date of retirement.
(3 ) Where a mine worker's engagement in the coal or oil shale mining industries has been terminated and the Tribunal is satisfied—
(a)
that it was so terminated by reason of retrenchment or cavil out, slackness of trade or act of God (including fire or flood) ; or
(b ) that it was so terminated by reason of his for a pension under this Act by virtue ill health and that he did not become eligible thereof, the period commencing upon that termination of his engagement in those industries and ending when he becomes again engaged in those industries shall be an approved interval for the purposes of sub section two of this section, unless the Tribunal is
satisfied
satisfied that he failed without good reason to be engaged in those industries for any part of that period.
In this subsection, "period" means period that is wholly before or wholly after the commencement of section three of the Coal and Oil Shale Mine Workers (Superannuation) Amendment Act, 1971, or that is partly before and partly after that commencement.
(4 ) For the purposes of this section, a mine worker shall not be deemed to be "engaged in the coal or oil shale mining industries" by reason of the operation of paragraph (b) or (c) of subsection two of section two of this Act.
(5 ) For the purposes of this section, an apprentice whose employment as a mine worker is terminated on completion of his apprenticeship shall be deemed to have been retrenched.
(6 ) The Tribunal may declare a mine worker whose date of retirement is later than the commencement of section three of the Coal and Oil Shale Mine Workers (Superannuation) Amend ment Act, 1971, and who was not engaged in the coal or oil shale mining industries immediately before that commencement, not to be a new entrant if the Tribunal is satisfied that—
(a) he was employed as a mine worker at any time after the first day of January, one thousand nine hundred and forty-two; •(b) his employment as a mine worker was terminated by reason of retrenchment or cavil out, slackness of trade or act of God (including fire or flood);
(c)
(c) a permit was not issued to him under section 2E of this Act by virtue of that termination
of his employment because he did not satisfy the requirements set out in paragraph ( a ) , (b) or (c) of subsection three of that section; and
(d) he became engaged in the coal or oil shale mining industries at the earliest reasonable opportunity after that commencement.
(c) ( i) by omitting from subsection one of section seven the words "thirteen dollars seventy-five cents per week" and by inserting in lieu thereof the words "the appropriate amount per week referred to in section 1OEA of this Ac t" ;
(ii) by omitting paragraph (a) of the same sub section and by inserting in lieu thereof the following paragraph :—
(a) that he has been incapacitated by injury as a mine worker and that such incapacity arose after the twenty-first day of November, one thousand nine hundred and forty-one; and (iii) by omitting from subsection (1A) of the same section the words "thirteen dollars seventy-five cents per week" and by inserting in lieu thereof the words "the appropriate amount per week referred to in section 1OEA of this Ac t" ;
(d) by omitting from subsection one of section eight
the words "thirteen dollars seventy-five cents per week" and by inserting in lieu thereof the words "the appropriate amount per week referred to in section 1OEA of this Ac t" ;
(e )
( i)
by omitting from subsection one of section nine the words "section six" and by inserting in lieu thereof the words "section six, section
6 B " ;
( i i )
(ii) by omitting from paragraph (a) of the same subsection the words "an amount of twelve dollars twenty-five cents per week" and by inserting in lieu thereof the words "the appropriate amount per week referred to in section 1OEA of this Act" ;
(iii) by omitting paragraph (b) of the same sub section and by inserting in lieu thereof the following paragraph :—
(b) the appropriate amount per week referred to in section 1OEA of this Act in respect of each child or step-child who is or becomes totally dependent on his earnings, which amount shall be payable only during any period of dependency until such child attains the age of sixteen years. This paragraph applies in respect of any child or step-child whether born before or after the commencement of section three of the Coal and Oil Shale
Mine Workers (Superannuation) Amendment Act, 1971, and whether born before or after the date on which such mine worker becomes eligible for such pension, and whether legitimate or illegitimate :
Provided that no addition shall be
payable under this paragraph in respect
of any illegitimate child born after the
date on which such mine worker becomes so eligible;
(iv) by omitting from paragraph (c) of the same subsection the words "an amount of twelve dollars twenty-five cents per week" and by inserting in lieu thereof the words "the appropriate amount per week referred to in section 1OEA of this Act" ;
(v)
(v) by omitting from paragraph (d) of the same subsection the words "where no amount is pay able under paragraph (b) of this subsection an amount of eighty-five cents per week" and by inserting in lieu thereof the words "the appropriate amount per week referred to in section 1OEA of this Act" ;
(vi) by omitting from subsection (1A) of the same section the words "Social Services Consolida tion Act 1947 of the Parliament of the Com monwealth, as amended by subsequent Acts of that Parliament" and by inserting in lieu thereof the words "Social Services Act";
(vii) by omitting from subsection five of the same section the words "section six" and by insert ing in lieu thereof the words "section six, section 6B" ;
(viii) by inserting in the same subsection after the words "capable of performing," the words "and where he proves to the satisfaction of the Tribunal that his monetary circumstances warrant an addition to his pension pursuant t o this subsection,";
(ix) by omitting from the same subsection the words "under the Social Services Consolida tion Act 1947 of the Parliament of the Commonwealth as amended by subsequent Acts of that Parliament" and by inserting in lieu thereof the words "under the Social
Services Ac t " ;
(x) by omitting from the same subsection the words "equivalent to the difference between the maximum rate per week applicable in the circumstances and fixed by or in accordance with the Social Services Consolidation Act 1947 of the Parliament of the Commonwealth, as amended by subsequent Acts of that Parlia ment, for age or invalid pension, and the amount per week payable as an addition to a
pension
pension pursuant to paragraph (a) of subsec tion one of this section" and by inserting in lieu thereof the words "equal to the amount (if any) by which the amount per week pay able as an addition to a pension pursuant to paragraph (a) of subsection one of this section exceeds the maximum rate per week applicable in the circumstances and fixed by or in accord ance with the Social Services Act for age or invalid pension";
(xi) by omitting from subsection (5A) of the same section the words "section six" and by insert ing in lieu thereof the words "section six, section 6B" ;
(xii) by omitting from subsection six of the same section the words "section six" and by insert ing in lieu thereof the words "section six,
section 6B" ; (xiii) by omitting from the same subsection the words "an amount of two dollars fifty cents per week" and by inserting in lieu thereof the words "the appropriate amount per week referred to in section 1OEA of this Act";
(f)
(i)
by omitting from paragraph (a) of subsection ; one of section ten the words "section six" and
by inserting in lieu thereof the words "section; six, section 6 B " ; (ii)
by omitting from the same subsection the words "twelve dollars seventy-five cents per week" and by inserting in lieu thereof the words "the appropriate amount per week referred to in section 1OEA of this Act" ;
(iii)
(iii) by omitting from subsection (1c) of the same section the words "twelve dollars seventy-five cents per week" and by inserting in lieu thereof the words "the appropriate amount per week referred to in section 1OEA of this Act" ;
(iv) by omitting from subsection (1D) of the same section the words "the Coal and Oil Shale Mine Workers (Pensions) Amendment Act, 1949" and by inserting in lieu thereof the words "section three of the Coal and Oil Shale Mine Workers (Superannuation) Amend
ment Act, 1 9 7 1 " ;
(g) (i) by omitting from subparagraph (i) of para graph (b) of subsection one of section 10A the words "section six" and by inserting in lieu thereof the words "section six, section 6B" ;
(ii) by omitting from subsection three of the same section the words "twelve dollars seventy-five cents per week" and by inserting in lieu thereof the words "the appropriate amount per week referred to in section 1OEA of this Ac t" ;
(iii) by omitting from subsection four of the same section the words "the Coal and Oil Shale Mine Workers (Pensions) Amendment Act, 1949" and by inserting in lieu thereof the words "section three of the Coal and Oil Shale
Mine Workers (Superannuation) Amendment
Act, 1 9 7 1 " ; (h) by omitting section 10c ;
( i )
( i ) by omitting section 10D;
(j) by omitting section 10E;
i
(k) by inserting next before section 10F the following new section :—
1OEA. (1) For the purposes of any provision of this Act in which there is a reference to the appro priate amount per week payable as a pension or addition to a pension the appropriate amount per week payable t o —
(a) a person who is described in Item 1, 2 or 5 of the Schedule to this Act shall— (i) in the case of a person who is in
receipt of, or eligible to receive, the pension or addition referred to in any such description on the eighth day of April, one thousand nine hundred and seventy-one—be, as from that day; or
(ii) in the case of a person who becomes
as from the day on which he
becomes so eligible;eligible therefor after that day—be,
(b) a person who is described in Item 3 or 4 of that Schedule shall— (i) in the case of a person who is in receipt of, or eligible to receive, the pension or addition referred to in
any
any such description on the day on which section three of the Coal and Oil Shale Mine Workers (Super annuation) Amendment Act, 1971, commences—be, as from that day; or
(ii) in the case of a person who becomes eligible therefor after that day—be, as from the day on which he becomes so eligible; or
(c) a person who is described in Item 6 of that Schedule shall— (i) in the case of a person who is in receipt of, or eligible to receive, the pension or addition referred to in that description on the thirteenth day of April, one thousand nine hundred and seventy-one—be, as from that day; or
(ii) in the case of a person who becomes eligible therefor after that day—be, as from the day on which he becomes so eligible,
the amount specified in the Third Column of that
Schedule opposite the relevant description.(2) Nothing in this section affects any thing contained in section 11A or thirteen of this Act.
(1) by omitting section 10F and by inserting in lieu thereof the following sections :— 10F. (1) Where the age pension payable to a
single pensioner under the Social Services Act is
increased, the Minister, on the recommendation of
the
the Tribunal, shall, by order published in the Gazette as soon as practicable after the increase, amend the Schedule to this Act—
(a) by omitting the reference to the amount in the Third Column appearing opposite the figure " 1 " in the First Column and by insert ing in lieu thereof a reference to the amount that equals the sum of— (i) the amount the reference to which is so omitted under this paragraph; and
(ii) the amount by which the weekly rate of age pension for a single pensioner is so increased;
(b) by omitting the reference to the amount in the Third Column appearing opposite the figure " 2 " in the First Column and by insert ing in lieu thereof a reference to the amount that equals the sum of— (i) the amount the reference to which is so omitted under this paragraph; and
(ii) the amount which, together with the amount referred to in subparagraph (ii) of paragraph (a) of this subsec tion, equals the combined increase in the weekly rate of the age pension under the Social Services Act for
married couple pensioners.
(2) Where the age pension payable to a single pensioner under the Social Services Act is increased, the Minister, on the recommendation of the Tribunal, shall, by order published in the Gazette as soon as practicable after the increase, amend the Schedule to this Act by omitting the reference to the amount in the Third Column
appearing
appearing opposite the figures " 5 " and " 6 " in the First Column respectively and by inserting in lieu thereof a reference to the amount that equals the sum of—
(a) the amount the reference to which is so omitted under this subsection; and (b) the amount by which the weekly rate of the said age pension is so increased.
(3 ) Where the amount of child's allow ance for a first child payable under the Social Services Act is increased, the Minister, on the recommendation of the Tribunal, shall, by order published in the Gazette as soon as practicable after the increase, amend the Schedule to this Act by omitting the reference to the amount in the Third Column appearing opposite the figure " 3 " in the First Column and by inserting in lieu thereof a reference to the amount that equals the sum of—
(a) the amount the reference to which is so omitted under this subsection; and (b) the amount by which the weekly rate of the said child's allowance is so increased.
(4) The Minister, on the recommendation of the Tribunal, shall, in an order made under this section, specify the date as from which any amend ment to the Schedule to this Act effected in
pursuance of this section shall take effect. (5) In an order made under this section, different dates may be specified for the purposes of subsection four of this section in respect of different classes of pensioners or pensions or additions to pensions, and the dates so specified may be dates before or after the date of publication of the order in the Gazette.
(6 )
(6) The Schedule to this Act, as amended in pursuance of this section, shall be the Schedule to this Act.
(7) Nothing in this section affects any thing contained in section 11A or thirteen of this Act.
10G. Where any provision of this Act relates to a person's eligibility for a pension under this Act from the date of retirement, that provision shall, in respect of a person who is described in Item 1 of the Schedule to this Act and who is in receipt of, or eligible to receive, the pension referred to in that description on—
(a) the eighth day of April, one thousand nine hundred and seventy-one; or (b) the day on which any amendment to that Item effected in pursuance of section 10F of this Act takes effect,
whichever day is the later or the latest, be read and construed as if the reference to the date of retire ment were omitted therefrom and a reference to that day were substituted therefor.
(m) by omitting from subsection one of section eleven the words "section six" and by inserting in lieu thereof the words "section six, section 6B" ;
(n) (i) by inserting next after subsection one of section 11B the following new subsection :—
(1A) Where a person has been awarded a pension pursuant to section seven of this Act the Tribunal may, from time to time, review the case, and may, notwithstanding that when he was awarded the pension he possessed the necessary qualifications for eligibility therefor,
cancel
cancel the pension if the Tribunal is satisfied that, having regard to a change in the circum stances of the particular case, it is just and equitable to do so.
(ii) by inserting in subsection two of the same section after the word "pension" where firstly occurring the words "or addition to a pension";
(iii) by inserting in the same subsection after the word "pension" where secondly and thirdly occurring the words "or addition";
(o) (i) by omitting from subsection two of section twelve the words "either before or after the commencement of this Part";
(ii) by inserting at the end of paragraph (b) of the same subsection the following new paragraph :—
In calculating the total sum so paid to the mine worker for the purposes of this sub section, no regard shall be had to any provision of this Act that would, but for this paragraph, require the deduction of any amount from that total sum.
(iii) by omitting from subsection four of the same section the words "for a pension under section six" and by inserting in lieu thereof the words
"a pension under section six, section 6B"; (p) (i) by omitting from section thirteen the words "Social Services Consolidation Act 1947 of the Parliament of the Commonwealth as amended by subsequent Acts of that Parliament" wherever occurring (except in subsection three) and by inserting in lieu thereof the words "Social Services Act";
(ii)
(ii) by omitting from subsection one of the same section the words "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";
(iii) by omitting from the same subsection the words "such Social Services Consolidation Act 1947, as so amended," wherever occurring and by inserting in lieu thereof the words "the Social Services Act";
(iv) by omitting from the same subsection the words "any child or children" and by inserting in lieu thereof the words "a child";
(v) by omitting from the same subsection the words "any such child" wherever occurring and by inserting in lieu thereof the words "such child";
(vi) by omitting from the same subsection the words "such a child" and by inserting in lieu thereof the words "such child";
(vii) by inserting next before subsection two of the same section the following new subsections : —
(1B) Where the Tribunal is satisfied that,
but for the absence from Australia of anyperson (in this subsection referred to as "the firstmentioned person"), any amount (in this subsection referred to as "the firstmentioned amount") would be payable under the Social Services Act to—
(a) the firstmentioned person; or
(b)
some other person in respect of the firstmentioned person,
P 63469—9 in in respect of any period for which a pension is payable under this Act to the firstmentioned person or to that other person, the Tribunal may deduct, from the amount payable as such pension, the whole of the prescribed amount or such part of the prescribed amount as the Tribunal may determine.
The prescribed amount for the purposes of this subsection is the amount that equals the amount that the Tribunal is satisfied would be deducted, from the amount so payable as such pension, in pursuance of subsection one of this section if the firstmentioned amount was paid under the Social Services Act to the firstmentioned person or to that other person in respect of the firstmentioned person, as the case may require, but does not include any amount that would be so deducted whether or not this subsection had been enacted.
( l c ) Where the Tribunal is satisfied that, but for—
(a) the refusal of an application made for a pension under the Social Services Act by a female; or (b) the cancellation of a female's pension under that Act, on any ground other than a ground relating to her means as assessed (within the meaning
of that Act) in relation to her, any amount (in this subsection referred to as "the first- mentioned amount") would be payable as pension under that Act to her in respect of any period for which a pension is payable under section ten or 10A of this Act to her, the Tribunal may deduct, from the amount pay able as such pension under this Act, the whole
of
of the prescribed amount or such part of the prescribed amount as the Tribunal may determine.
The prescribed amount for the purposes of this subsection is the amount that equals the amount that the Tribunal is satisfied would be deducted, from the amount so payable as such pension under this Act, in pursuance of sub section one of this section if the firstmentioned amount was paid under the Social Services Act to a female referred to in this subsection, but does not include any amount that would be so deducted whether or not this subsection had been enacted.
(viii) by omitting subsection three of the same sec tion and by inserting in lieu thereof the following subsection: —
(3) In this section, "Social Services Act" has the meaning ascribed thereto by subsection one of section two of this Act, and includes any agreement referred to in section one hundred and thirty-seven of the Social Services Act.
4 . (1) Part II of the Principal Act is further amended—
(a)
(i)
by inserting in subsection (1A) of section nine after the word "person" where firstly occurring the words "(in this subsection referred to as "the dependant")";
(ii)
(ii) by inserting in the same subsection after the words "mine worker" where firstly occurring the words "(in this subsection referred to as "the mine worker")";
(iii) by omitting from the same subsection the words "such mine worker where the income of such person" and by inserting in lieu thereof the words "the mine worker during a prescribed period, where the dependant's average weekly income during that period";
(iv) by omitting from the same subsection the words "on the weekly average of such income over the period of twelve months immediately preceding the eligibility of the mine worker for an addition to his pension as aforesaid";
(v) by inserting at the end of the same subsection the following new paragraphs : —
In this subsection, "prescribed period" means, except as hereinafter provided in this subsection—
(a)
the period commencing on the tenth day of April, one thousand nine hundred and seventy, and ending on the thirty-first day of December next following; or
(b)
the period of twelve months commenc ing on the first day of January, one thousand nine hundred and seventy-
day of January in any year thereafter. one, or any subsequent period of twelve months commencing on the first Notwithstanding anything in the foregoing provisions of this subsection, where—
(i) the dependant has ceased to be employed in any employment (includ ing self employment) during a period
specified
specified in paragraph (a) or (b) of the definition of "prescribed period" in this subsection; and
(ii) no addition was payable to the mine worker under paragraph (a) or (c) of subsection one of this section in respect of the dependant at any time (whether before or after the commencement of section four of the Coal and Oil Shale
Mine Workers (Superannuation) Amendment Act, 1971) before the dependant has so ceased to be employed, then, for the purposes of the foregoing provisions of this subsection, in so far as those provisions apply to and in respect of the mine worker and the dependant, the period referred to in subparagraph (i) of this paragraph shall, instead of being treated as one prescribed period, be deemed to consist of two prescribed periods, namely :—
(iii) the period commencing on the day on which the period so referred to com mences and ending on the day on which the dependant has so ceased to be employed; and
(iv) the period commencing on the day following the day on which the depen dant has so ceased to be employed and
period so referred to ends. ending on the day on which the
(vi) by inserting next after the same subsection the following new subsection :—
(1B) Notwithstanding anything in sub
section (1A) of this section, no regard shall,
for the purposes of that subsection, be had tothe
the income of a person, where the Tribunal is satisfied that such income was paid as a lump sum in respect of or in consequence of the termination of any employment of that person and that such income should be so disregarded having regard to the circumstances of the case.
(b) (i) by inserting in subsection one of section 11A after the words "(including self employment)" the words "during any quarter";
(ii) by inserting in the same subsection after the word "pensioner" where secondly occurring the words "during that quarter";
(iii) by omitting from the same subsection the words "the immediately preceding" and by inserting in lieu thereof the word "that".
(2) This section shall be deemed to have commenced upon the tenth day of April, one thousand nine hundred and seventy.
(1) Upon a day to be appointed by the Governor and notified by proclamation published in the Gazette (which day is in this section referred to as "the appointed day") the Superannuation Tribunal constituted under the Principal Act shall be reconstituted and shall consist of seven members who shall be appointed in accordance with section fifteen of the Principal Act as amended by this section.
5.
(2) Nothing in this section prejudices or affects in any way the continuity of the body corporate declared to be such under subsection seven of section eighteen of the Principal Act, and it shall continue notwithstanding the provisions of this section and be deemed, notwithstanding that there are or have been at any time or times vacancies in the offices of all of the members of the body corporate or of any one or more of them, to have always continued.
(3)
(3) For the purposes only of the appointment of persons to be members of the Superannuation Tribunal as reconstituted under this section, and of any matters necessary for or incidental to that appointment or reconstitution, the provisions of subsection five of this section shall commence on the day upon which the assent of Her Majesty to this Act is signified.
(4) The persons so appointed shall assume their offices as members of the Superannuation Tribunal as so reconstituted upon the appointed day, and on that day the provisions of subsection five of this section shall come into force for all purposes.
(5) Part III of the Principal Act is amended—
(a) by omitting from subsection two of section fifteen the word "five" and by inserting in lieu thereof the word "seven"; (b) (i) by omitting paragraph (b) of subsection three of the same section and by inserting in lieu thereof the following paragraph :—
(b)
three shall be appointed on the nomination of organisations of the owners of coal mines in New South
Wales;
(ii) by omitting paragraphs (d) and (e) of the same subsection and by inserting in lieu thereof the following paragraphs :—
(d)
one shall be appointed on the nomina tion of the Northern District Branch of the Australian Coal and Shale Employees' Federation;
(e)
(e)
one shall be appointed on the nomina tion of the Southern District Branch and the Western District Branch of that Federation; and
(f)
one shall be appointed on the nomina tion of the mining unions (except that Federation).
(c) (i) by omitting from subsection five of the same section the words "as the representative of any of the classes of persons referred to in" and by inserting in lieu thereof the words "in pursuance of paragraph (b), (d), (e) or (f) of";
(ii) by omitting from the same subsection the words "representative of such class" and by inserting in lieu thereof the words "to be appointed in pursuance of that paragraph";
(d) (i) by omitting from subsection six of the same section the word "three" where firstly occurr ing and by inserting in lieu thereof the word "four";
(ii) by omitting from the same subsection the words "paragraph (d) or (e)" and by insert ing in lieu thereof the words "paragraph (d), (e) or (f)".
6 . (1) Part III of the Principal Act is further amended— (a) (i) by omitting from the definition of "mining union" in subsection three of section fifteen the words "Commonwealth Conciliation and
Arbitration
Arbitration Act 1904-1934, of the Parliament j of the Commonwealth" and by inserting in lieu thereof the words "Conciliation and Arbitration Act";
(ii) by omitting paragraph (f) of subsection nine of the same section and by inserting in lieu thereof the following paragraph :—
(f)
becomes a mentally ill person, a pro tected person or an incapable person within the meaning of the Mental Health Act, 1958.
(b) by inserting next after section sixteen the following new section :— 16A. (1) The Tribunal may, by instrument in writing, delegate to the Registrar the exercise or performance of such of its powers, authorities, duties and functions conferred or imposed upon it (other than this power of delegation) by or under this Act as may be specified in the instrument of delegation and may in like manner revoke wholly or in part any such delegation.
(2) Any power, authority, duty or function the exercise or performance of which has been delegated under this section may, while the delega tion remains unrevoked, be exercised or performed
with the terms of the delegation. from time to time by the Registrar in accordance (3) A delegation made under this section may be made subject to such conditions or such limitations as to the exercise or performance of any of the specified powers, authorities, duties or func tions delegated or as to time or circumstances as may be specified in the instrument of delegation.
( 4 )
(4) Notwithstanding any delegation made under this section the Tribunal may continue to exercise or perform all or any of the powers, authorities, duties or functions delegated.
(5) Any act or thing done or suffered by the Registrar when acting in the exercise of any delegation made under this section and within the terms of the delegation shall have the like force or effect as if the act or thing had been done or suffered by the Tribunal.
(6) Notwithstanding anything in this sec tion, the Tribunal shall not under this section delegate to the Registrar the exercise or per formance of such of its powers, authorities, duties or functions as are specified or described in the regulations.
(2) Paragraph (b) of subsection one of this section shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.
7. (1) Part IV of the Principal Act is amended—
(a) (i) by inserting in paragraph (c) of subsection
six of section eighteen after the word "moneys" the words "due to the Tribunal and";
(ii)
(ii) by inserting at the end of the same subsection the following new paragraph : —
(d) Nothing in paragraph (a) of this sub section prevents the Tribunal from acting, with the approval of the Governor, jointly with any person or body of persons or with the Govern ment of the State in relation to all or any of the matters referred to in subparagraphs (i), (ii) and (iii) of that paragraph.
(iii) by inserting next after the same subsection the following new subsection : —
(6A) (a) Notwithstanding the provisions of subsection five of this section the Tribunal may, upon such terms as may be agreed upon, lend any moneys in the Fund which are not immediately required for the purposes of the Fund to the Government of the State for the purpose of acquiring or constructing a build ing suitable for the office accommodation of the Tribunal, the Registrar and the officers and employees of the Tribunal.
(b) A building shall not be deemed to be unsuitable on the ground that it will provide more accommodation than is adequate for the office accommodation of the Tribunal, the Registrar and the officers and employees of the Tribunal.
(c) All moneys received by the
Tribunal in relation to the loan referred to in paragraph (a) of this subsection shall be paid to the credit of the Fund.
(b) (i) by inserting in subsection six of section nine teen after the word "wages" the words "or other sums due to mine workers";
(ii)
(ii) by inserting next after the same subsection the following new subsections :—
(6A) Subject to subsection (6B) of this section, where any amount is payable by an owner under subsection five of this section, or by a mine worker under subsection six of this section, and that amount is not paid to the Tribunal within twenty-eight days of its becoming due, the Tribunal may direct that interest, at a rate not exceeding the prescribed rate, shall be paid on that amount by the owner or mine worker, as the case may require, to the Tribunal until that amount is paid to the Tribunal.
(6B) Where any amount has been collected by a mine worker's employer under subsection six of this section and the amount has not been paid to the Tribunal within twenty-eight days of its becoming due to the Tribunal or of its collection, whichever is the later—
(a)
no interest shall be payable on that amount by the mine worker under sub section (6A) of this section in respect of the period after the amount was so collected; and
(b)
the Tribunal may direct that interest, at a rate not exceeding the prescribed rate, shall be paid on that amount by
the employer to the Tribunal until that amount is paid to the Tribunal. (6c) Any interest directed to be paid under subsection (6A) or (6B) of this section may be recovered in like manner as contribu tions.
(6D) Any interest received by the Tribunal under this section shall be paid into the Fund.
( 2 )
(2) Subparagraph (ii) of paragraph (b) of subsection one of this section shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.
8 . (1) Part IV of the Principal Act is further amended—
(a) by inserting next after subsection one of section nineteen the following new subsection :— (1A) All moneys standing to the credit of the Fund immediately before the first day of July, one thousand nine hundred and sixty-nine, shall form part of the reserve.
(b) (i) by omitting from paragraph (a) of subsection two of the same section the words "income (hereinafter called "the investment income") accrued during that period of twelve months from all Fund moneys invested by the Tribunal" and by inserting in lieu thereof the
words "investment income of that period of twelve months"; (ii) by omitting from paragraph (b) of the same subsection the words "accrued during" and by inserting in lieu thereof the word "of";
(iii) by omitting from paragraph (c) of the same subsection the words "accrued during" and by inserting in lieu thereof the word "of";
(c)
(c)
by inserting at the end of the same section the following new subsection :—
(8) In this section, "investment income", in relation to a period of twelve months, means income in the nature of—
(a) interest accrued during that period from all Fund moneys invested by the Tribunal; and (b) capital gains accrued as a result of the realisation of any such investments during that period,
less any amount representing capital losses incurred as a result of the realisation of any such investments during that period.
(2) This section shall be deemed to have commenced upon the first day of July, one thousand nine hundred and sixty-nine.
9 . ( 1 ) Part IVA of the Principal Act is amended—
(a) by omitting from subsection three of section 19A the words "section six" and by inserting in lieu thereof the words "section six, 6B"; (b) (i) by omitting from paragraph (b) of subsection one of section 19B the words "section six" and by inserting in lieu thereof the words "section six, 6B";
(ii)
(ii) by omitting subsection two of the same section and by inserting in lieu thereof the following subsection :—
(2) The deductions which shall be made
from any subsidy per week payable to a mine
worker under this Part of this Act shall be—
(a)
an amount equal to the amount by which, if he were receiving a pension under section seven or eight of this Act—
(i) that pension; and
(ii) any additions thereto which he would be receiving under sec tion nine of this Act,
would have been reduced having regard to the provisions of sections
11A and thirteen of this Act;
(b)
where any weekly payments of com pensation are payable to or in respect of him under the Workers' Compensa tion Act, 1926, or any agreement referred to in paragraph (b) of sub section one of section 19A of this Act —the amount of such weekly payments:
who is of or over the age of sixty years, paraProvided that, in the case of a mine worker
graph (b) of this subsection shall not operateso as to reduce the subsidy payable to him to an amount less than that to which he would have been entitled if he were receiving a pension under section six, 6B, seven or eight of this Act and any additions thereto which he would be receiving under section nine of this Act.
(iii)
(iii) by omitting from subsection (2A) of the same section the words "one or (1A )" and by inserting in lieu thereof the word "one";
(iv) by omitting from subsection three of the same section the words "either before or after the commencement of the Coal and Oil Shale Mine Workers (Pensions) Further Amend ment Act, 1947,";
(v) by inserting at the end of the same subsection the following new paragraph : —
In calculating the total sum which would have been so payable to such mine worker for the purposes of this subsection, no regard shall be had to any provision of this Act that would, but for this paragraph, require the deduction of any amount from such total sum.
(vi) by omitting subsection five of the same section;
(c)
(i)
by omitting from subsection five of section 19D the words "by virtue of the operation of the amendments of this Act made by the Coal and Oil Shale Mine Workers (Superannuation)
Amendment Act, 1 9 6 1 " ; (ii) by omitting from the same subsection the
words "by virtue of the operation of such amendments"; (d) (i) by omitting paragraph (b) of subsection one
of section 19F ;
(ii)
(ii) by omitting from paragraph (d) of the same subsection the words "the Joint Coal Board under any rehabilitation scheme or";
(e) (i) by omitting from section 19H the words "an insane patient within the meaning of the Lunacy Act of 1898, as amended by sub- sequent Acts," and by inserting in lieu thereof the words "a patient within the meaning of the Mental Health Act, 1958,";
(ii) by omitting from the same section the words "an insane" where secondly occurring and by inserting in lieu thereof the word "a".
(2) Subparagraph (ii) of paragraph (b) of subsection one of this section shall be deemed to have commenced upon the tenth day of April, one thousand nine hundred and seventy.
10. The Principal Act is further amended by inserting
next after Part IVA the following new Part: —
PART IVB.
REFUND OF MINE WORKERS' CONTRIBUTIONS.
19I. In this Part, "contributions" means contributions paid to the Fund by a mine worker and includes contri butions paid in pursuance of a term or condition subject to which a permit under section 2E of this Act was issued.
19J.
19J. (1) Subject to this Part, where a mine worker's engagement in the coal or oil shale mining industries has been terminated and the Tribunal is satisfied—
(a) that it was so terminated—
(i) by reason of his attaining the age at which he is obliged to retire under this Act or by reason of his retirement upon attaining an age at which he may retire under this Act;
(ii) by reason of retrenchment or cavil out, slackness of trade or act of God (includ ing fire or flood) or by reason of his ill health; or
(iii) by reason of his death; and
(b) that neither he nor any other person is eligible for a pension under this Act consequent upon that termination of his engagement or on his death, as the case may be,
the Tribunal shall refund to him or to his personal repre sentatives, or failing them, to such person (if any) as the Tribunal may determine, an amount equal to the total amount of the mine worker's contributions paid to the Fund together with interest thereon at the rate of three per cent per annum in respect of any period before that termination of his engagement.
(2) Where a mine worker's engagement in the coal or oil shale mining industries has been terminated by reason of any matter referred to in subparagraph (ii) of paragraph (a) of subsection one of this section—
(a)
no refund shall, while he remains alive, be made to him under this section consequent upon that termination of his engagement unless he elects that it be made to him or unless the Tribunal is
satisfied
satisfied that he is unable for any reason to make that election and that it is just and equitable to do so; and
(b) that mine worker shall, if the Tribunal has refunded to him an amount under this section consequent upon that termination of his engage ment in respect of any period before that termina tion of his engagement, be deemed for the purposes of section six or 6B of this Act to have been engaged, during that period, otherwise than in those industries. (3 ) For the purposes of this section, an appren tice whose employment is terminated on completion of his apprenticeship shall be deemed to have been retrenched.
19K. An amount payable as a refund under this Part
to or in respect of a mine worker shall be reduced bysuch of the following amounts as may be applicable : —
(a) an amount equal to any amount previously refunded to or in respect of him under this Par t ; (b) an amount equal to any contributions paid by him to the Fund in respect of any period before
Oil Shale Mine Workers (Superannuation) the commencement of section ten of the Coal and
Amendment Act, 1 9 7 1 ; (c) an amount equal to any amounts paid to him as a pension or addition to a pension under this Act in respect of any period after the commence ment of the said section ten. 11. Part V of the Principal Act is amended—
(a ) (i) by omitting from paragraph (a) of subsection two of section twenty-one the words "an insane patient within the meaning of the Lunacy Act of 1898, as amended," and by inserting in lieu thereof the words "a patient within the meaning of the Mental Health Act, 1958," ; (ii) by omitting from the same paragraph the words "an insane" where secondly occurring and by inserting in lieu thereof the word " a " ; (iii) by omitting from the same paragraph the words "an insane" where thirdly occurring and by inserting in lieu thereof the words "such a";
(iv) by omitting from paragraph (b) of the same subsection the words "an insane patient within the meaning of the Lunacy Act, 1898-1947 ," and by inserting in lieu thereof the words "a patient within the meaning of the Mental Health Act, 1958," ;
(v) by omitting from the same paragraph the words "an insane" where secondly occurring and by inserting in lieu thereof the word "a" ; (vi) by omitting from paragraph (c) of the same subsection the words "insane patient" and by inserting in lieu thereof the words "patient within the meaning of the Mental Health Act, 1958," ;
(vii)
(vii) by omitting from the same paragraph the words "institution for the insane" and by inserting in lieu thereof the words "admission centre, mental hospital, or authorised hospital, within the meaning of that Ac t " ;
(viii) by omitting from paragraph (a) of subsection three of the same section the words "Deserted Wives and Children Act, 1901-1931 , " and by inserting in lieu thereof the words "Maintenance Act, 1964," ;
<ix) by omitting from paragraph (a) of subsection four of the same section the words "Deserted Wives and Children Act, 1901-1939," and by inserting in lieu thereof the words "Maintenance Act, 1964," ;
(x) by omitting from the same subsection the word "specified" and by inserting in lieu thereof the words "referred t o " ;
(b) by omitting from section twenty-seven the words "each of the funds established under section eighteen" and by inserting in lieu thereof the words
"the Fund" ;
(c) by omitting from section twenty-eight the word "Colonial";
(d) by omitting from subsection one of section thirty the words "or police".
12. The Principal Act is further amended by inserting next after Part V the following new Schedule :—
SCHEDULE.
FIRST THIRD C
S E C O N D C O L U M N -
COLUMN. COLUMN.
Amount o f
Item.
Description of Person.
Pension or Addition.
$
1 A person who is in receipt of, or eligible to 2 0 . 2 5 receive, a pension under section 6 , 6B, 7
or 8 or who becomes eligible therefor.
2
A person who is in receipt of, or eligible to receive, an addition under paragraph (a) or (c) of subsection ( 1 ) of section 9 , whether by virtue of the operation of subsection ( 1 ) of section 10A or otherwise, or who becomes eligible therefor.
1 5 . 2 5
3 A person— 2 . 5 0
(a) who is in receipt of, or eligible to receive, an addition under paragraph (b) of subsection ( 1 ) , or subsection ( 2 ) , ( 3 ) , ( 4 ) or ( 6 ) of section 9 , or who
becomes eligible therefor; or
(b) who is in receipt of, or eligible to receive, a pension equal to an addition referred to in paragraph (a) hereof by virtue of subsection ( 1 ) or
( I F ) of section 1 0 or who becomes
eligible therefor.
4 A person— 0 . 8 5
(a) who is in receipt of, or eligible to receive, an addition under paragraph (d) of subsection ( 1 ) of section 9 or who becomes eligible therefor; or (b) who is in receipt of, or eligible to receive, a pension equal to an addition referred to in paragraph (a) hereof by virtue of subsection ( 1 ) or ( I F ) of section 1 0 or who becomes
eligible therefor.
SCHEDULE.
SCHEDULE—continued.
FIRST „ „ THIRD
SECOND COLUMN. _,
| COLUMN. | COLUMN. |
| Amount of |
Item.
Description of Person.
Pension or Addition.
$
5
A person who is in receipt of, or eligible to receive, a pension under section 10 (except subsection (1E)), whether by virtue of the operation of subsection (1) of section 10A or otherwise, or section 10A (except sub section (5)), or who becomes eligible therefor, not being a person who is referred to in Item 3, 4 or 6 hereof.
19.25
6
A person who is in receipt of, or eligible to receive, a pension under section 10 (except subsection (1E)), whether by virtue of the operation of subsection ( l ) of section 10A or otherwise, or section 10A (except sub section (5)), or who becomes eligible therefor, being a person who is in receipt of a widow's pension under the Social Services Act.
19.25
L A N D
0
0
0