Coal Industry Act 1946

Legislation au C1946A00040 Not in force Act

Legislation content

Coal Industry Act 1946

Act No. 40 of 1946 as amended

[Note: This Act is repealed by Act No. 32 of 2001]

This compilation was prepared on 14 February 2002
taking into account amendments up to Act No. 32 of 2001

The text of any of those amendments not in force
on that date is appended in the Notes section

Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra

 

 

 

Contents

Preamble.........................................

Part 1—Preliminary

1 Short title [see Note 1]...........................

4 Interpretation.................................

Part 2—Administration

5 Joint Coal Board...............................

6 Body corporate................................

6A Commonwealth Authorities and Companies Act 1997 does not apply to Board             

7 Members of the Board...........................

8 Terms of office of members........................

9 Appointment of persons to act for any member of the Board.....

10 Vacancy in office of member.......................

11 Vacancy does not invalidate Board’s actions..............

12 Filling of vacancy in office of member..................

13 Remuneration................................

14 Disclosure of pecuniary interests.....................

15 Seal......................................

16 General procedure..............................

17 Quorum....................................

18 Presiding member..............................

19 Voting.....................................

20 Transaction of business outside meetings or by telephone etc.....

21 Delegation of Board’s powers and functions..............

Part 3—Powers and functions of Joint Coal Board

22 Vesting of powers in Board........................

23 General powers and functions of the Board...............

24 Additional powers related to health....................

25 Other powers and functions of the Board.................

26 Workers’ compensation functions.....................

27 Additional powers of Board........................

28 Orders by Board...............................

28A Publication of orders............................

28B Ministerial direction and control......................

28C Staff of Board................................

28D Arrangements with other agencies, consultants etc............

28E Annual operating plan............................

28F Policy reports.................................

Part 4—Finance

28H Functions of the Board in relation to finance:..............

28J Board may charge fees...........................

28K Payments by the Commonwealth.....................

28L Workers’ compensation funds.......................

28M Other funds..................................

28N Annual report.................................

28P Bank accounts................................

28Q Financial statements and practices....................

28R Borrowing by the Board..........................

28S Investment of money of Board.......................

28T Audit......................................

28U Taxation....................................

Part 6—Miscellaneous

Division 1—Inspectors’ powers

49 Inspectors...................................

50 Searches....................................

51 Power to require information etc......................

52 Retention of books, records and documents...............

Division 2—General

53 Offences....................................

54 Service of documents etc..........................

55 Personal liability of members etc......................

56 Regulations..................................

57 Savings and transitional provisions....................

Schedule—Savings and transitional provisions consequential on the Coal Industry Amendment Act 1992

Notes 

 

An Act to make provision in relation to the coal industry in New South Wales and elsewhere, and for related purposes

Preamble 

WHEREAS it has been agreed between the Governments of the Commonwealth and the State of New South Wales that they will jointly establish authorities vested with power to take action with respect to industrial relations, mineworkers’ health and welfare and certain other matters in the coal industry;

AND WHEREAS it…

Overview

The Coal Industry Act 1946 was enacted by the Commonwealth of Australia to address the need for joint administration and regulation of the coal industry in New South Wales by both the Commonwealth and the State Government. The Act established the Joint Coal Board, a body corporate with perpetual succession, tasked with overseeing various aspects of the coal industry, including occupational health, safety, and workers' compensation. The Act was enacted by the Commonwealth Parliament, with the aim of ensuring a coordinated approach to managing the coal industry across federal and state jurisdictions. The Act has since been repealed by the Coal Industry Repeal Act 2001, which came into effect on 1 January 2002.

Scope and Application

The Coal Industry Act 1946 (Cth) was established to regulate the coal industry in New South Wales, Australia, under an agreement between the Commonwealth and the State of New South Wales. The Act applies to the Joint Coal Board, a body corporate constituted under an arrangement between the Commonwealth and the State of New South Wales, which exercises its powers and functions in relation to the coal industry in New South Wales. The Board's powers and functions include providing occupational health and rehabilitation services for coal industry workers, collecting and disseminating statistics related to the health and welfare of workers, referring matters related to worker safety to relevant authorities, and promoting the welfare of coal industry workers and their communities. The Act also governs the Board's financial functions, including the imposition of fees, the establishment of workers' compensation insurance schemes, and the management of funds. The Act extends its application through subordinate instruments, such as regulations, which may prescribe matters required or permitted by the Act. The Coal Industry Act 1946 has been repealed by the Coal Industry Repeal Act 2001, with savings and transitional provisions in place to ensure the continued operation of the Board and its functions during the transition period.

Key Provisions

  • The Coal Industry Act 1946 governs the establishment and operation of the Joint Coal Board, a body corporate created to manage matters related to the coal industry, particularly focusing on workers' health, safety, and welfare. Section 5 establishes the Joint Coal Board as a body corporate, while sections 6 to 15 detail the administration and operation of the Board, including its constitution, membership, terms of office, and procedural aspects such as quorum, voting, and delegation of powers. The Board is vested with various powers and functions as outlined in sections 22 to 28, which include occupational health services, health and safety monitoring, workers' compensation, and the ability to make orders and reports. The Act also provides for the financial management of the Board, including its ability to charge fees, receive payments, and invest funds, as detailed in sections 28H to 28U.
  • The Act imposes obligations on the Board and its members, such as the requirement to disclose pecuniary interests and the duty to maintain proper records and accounts. Section 28T mandates that the Auditor-General inspect and audit the Board's financial transactions and assets, ensuring transparency and accountability. The Act also establishes a series of offences and penalties for non-compliance with its provisions. For instance, section 53 imposes penalties for failure to comply with Board orders, refusal to provide information, and obstruction of inspectors. These offences carry penalties ranging from $3,000 for individuals to $10,000 for bodies corporate.
  • Additionally, the Act outlines the procedure for service of documents and the personal liability of Board members, stipulating that actions taken in good faith are protected from personal liability. Section 56 allows for the making of regulations necessary for the implementation of the Act, with potential penalties for regulatory offences not exceeding $500. Finally, the Act includes savings and transitional provisions to manage the effects of amendments and repeals, ensuring continuity and protecting existing rights and obligations.

Legal classification tags

Area of Law
Corporate Law & Governance
Environmental Law
Industrial Relations Law
Instrument
Act
Concepts
Definitions & Interpretation
Delegation of Powers
Offence Provisions
Enforcement Powers
Reporting & Disclosure Obligations
Regulatory Standards
Financial Obligations
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.