Coal and Oil Shale Mine Workers (Superannuation) Amendment Act 1976 (NSW)

ANNO VICESIMO QUINTO

ELIZABETHE II REGINE

Act No. 91, 1976.

An Act to amend the Coal and Oil Shale Mine Workers (Superannuation) Act, 1941, so as to exclude certain mine workers from the operation of section 6B of that Act ; and to validate certain matters. [Assented to, 8th December, 1976.]

BE

Council and Legislative Assembly of New South Wales in	BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative
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, 1976".

2 . The Coal and Oil Shale Mine Workers (Super­

annuation) Act, 1941, is amended—

(a)	(i)	by omitting from section 6B (1) (b) the word "retirement," and by inserting instead the word "retirement.";
(ii)	by omitting from section 6B (1) the words "but does not include a mine worker declared by the Tribunal under subsection (6) not to be a new entrant.";

(iii) by omitting section 6B ( 6 ) ;

(b) by inserting after section 6B the following

section :—

6C. (1) Where, but for this subsection, a mine worker would not be deemed to be	engaged in the coal or oil shale mining
industries for any particular period, he shall, for the purposes only of paragraph (a) or (b) of the definition of "new entrant" in section 6B ( 1 ) , be deemed to have been so engaged for that period if the Tribunal, under subsection ( 2 ) , declares, in relation to that mine worker, that that period is a period to which this subsection applies.

(2)

(2 ) The Tribunal may, in relation to a mine worker, declare that a period is a period to which subsection (1) applies if the Tribunal is satisfied that—

(a)	he was employed as a mine worker at any time after 1st January, 1942;
(b)	that period commenced when his employment as a mine worker was terminated by reason of retrench­ ment or cavil out, slackness of trade or act of God (including fire or flood);
(c)	a permit was not issued to him under section 2E by virtue of that termination of his employment and it was not so issued because—

(i)   he did not satisfy the requirements set out in section 2E (3) ( a ) , (b) or (c) ; or

(ii) he was unable to obtain

employment in respect of

which the Tribunal would issue a permit under section 2 E ; and

(d) either—

(i)   he became engaged in the coal or oil shale mining industries at the earliest

reasonable

reasonable opportunity

after that termination of
his employment; or

(ii)   no such opportunity arose

before the date of

retirement.

(3) Where a mine worker was declared under section 6B (6) as in force immediately before the commencement of the Coal and Oil Shale Mine Workers (Superannuation) Amendment Act, 1976, not to be a new entrant, that declaration shall be deemed to be a declaration made under subsection (2) in relation to that mine worker that the period—

(a)	commencing with the termination of his employment as a mine worker by reason of retrench­ ment or cavil out, slackness of trade or act of God (including fire or flood); and
(b)	ending with his next becoming engaged in the coal or oil shale mining industries,

is a period to which subsection (1) applies. (4 ) Anything that—

(a)	was done by the Tribunal before the commencement of the Coal and Oil Shale Mine Workers
(Superannuation) Amendment

Act, 1976;

(b) would have been invalid had this subsection not been enacted; and

p 8530—38 (c)

(c)	would have been valid had the
Coal and Oil Shale Mine
Workers (Superannuation)
Amendment Act, 1976, been in force at that time,

is validated.