Coal Industry (Amendment) Act 1979 (NSW)

C O A L I N D U S T R Y ( A M E N D M E N T ) A C T , 1979 ,

N o . 156

A N N O V I C E S I M O O C T A V O

ELIZABETHE II REGINE

Act N o . 156 , 1979 .

An Act to amend the Coal Industry Act, 1946, in relation to the Coal Industry Tribunal and in certain other respects. [Assented to, 10th December, 1979.]

BE it enacted by the Queen's Most Excellent Majesty, by 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 Industry (Amendment)

Act, 1 9 7 9 " .

2 .      The Coal Industry Act, 1 9 4 6 , is referred to in this Act as

the Principal Act.

3 .      This Act contains the following Schedules :—

SCHEDULE 1.—AMENDMENTS TO THE PRINCIPAL ACT

RELATING TO THE COAL INDUSTRY TRIBUNAL.

SCHEDULE 2.—AMENDMENTS TO PARTS I-VI OF THE

PRINCIPAL ACT BY WAY OF STATUTE LAW REVISION.

SCHEDULE 3.—AMENDMENTS TO PARTS VII AND VIII OF

THE PRINCIPAL ACT BY WAY OF STATUTE LAW

REVISION.

4. The Principal Act is amended in the manner set forth in Schedules	1-3 .
5. The Principal Act is further amended by omitting from section 8 the words "There shall be payable to the Chairman and to the other members of the Board such salaries and allowances as are fixed by the arrangement made" and by inserting instead the words "The Chairman and the other members of the Board shall be paid salary and allowances in accordance with the arrangement entered into".

SCHEDULE 1.

A M E N D M E N T S TO THE PRINCIPAL A C T RELATING TO THE COAL

INDUSTRY TRIBUNAL.

(1 ) (a ) Section 36 (2) (c) ( i n ) —

Omit the subparagraph, insert instead :—

(iii)   he is absent from duty, except on leave of absence to which he is entitled under the arrangement entered into in pursuance of this section, for 14 consecutive days or for 28 days in any 12 months;

(b) Section 36 ( 4 ) , ( 5 ) —

After section 36 ( 3 ) , insert :—

(4) For the purposes of this section—

(a) the holding by a person constituting the Tribunal of office as a member of the Australian Conciliation and Arbitration Commission or as a member of the Industrial Commission of New South Wales, and the engagement by him in the perform­ ance of the duties and functions of such an office, shall be deemed not to be engagement

by him in paid employment outside the

duties of his office as the person constituting
the Tribunal; and

(b) a day on which a person constituting the Tribunal performs duties or functions as a member of the Australian Conciliation and Arbitration Commission, or as a member of the Industrial Commission of New South Wales, shall be deemed not to be a day on which he absents himself from duty as the person constituting the Tribunal.

SCHEDULE 1—continued.

AMENDMENTS TO THE PRINCIPAL ACT RELATING TO THE COAL

INDUSTRY TRIBUNAL—continued.

(5) Section 14 of the Industrial Arbitration Act,

1940, shall not prevent a member of the Industrial

Commission of New South Wales from accepting or holding office as the person appointed to constitute the Tribunal.

(2) Section 37—

Omit "There shall be payable to the person appointed to constitute the Tribunal such salary and allowance as are fixed by the arrangement made", insert instead "The person appointed to constitute the Tribunal shall be paid salary and allowances in accordance with the arrangement entered into".

(3) Section 37A—

After section 37, insert :—

37A. The person appointed to constitute the Tribunal is

entitled to leave of absence in accordance with the
arrangement entered into in pursuance of section 36.

SCHEDULE 2.

AMENDMENTS TO PARTS I-VI OF THE PRINCIPAL ACT BY WAY OF

STATUTE LAW REVISION.

(1) (a) Section 4 (1), paragraph (n) of the definition of

"industrial matters"—
Omit "two", insert instead "2",

SCHEDULE 2—continued.

A M E N D M E N T S TO PARTS I - V I OF THE PRINCIPAL A C T BY WAY OF

STATUTE L A W REVISION—continued.

(b) Section 4 ( 1 ) , definition of "the Federation"—

Omit "Australian", insert instead "Australasian".

(c) Section 4 ( 1 ) , definition of "the Federation"—

Omit "1946", insert instead "1973" .

(2 ) (a ) Section 5 ( 2 ) —

Omit "two", insert instead "2" .

(b) Section 5 ( 3 ) —

Omit "seven", insert instead "7" .

(c) Section 5 (4) ( c ) —

Omit "fourteen", insert instead "14".

(d) Section 5 (4) ( c ) —

Omit "twenty-eight", insert instead "28" .

(e) Section 5 (4) ( c ) —

Omit "twelve", insert instead "12".

(3 ) Section 8—	Omit "section five of this Act", insert instead "section 5".
(4 )	Section 11 (3) ( h ) —
Omit "the Commissioner for Railways", insert instead "an authority or body established or constituted for a public purpose by or under the laws of the State".
SCHEDULE 2—continued.

AMENDMENTS TO PARTS I-VI OF THE PRINCIPAL ACT BY WAY OF

STATUTE LAW REVISION—continued.

(5) (a) Section 12—

Omit "Inspector of Coal Mines" wherever occurring, insert instead "Inspector of Collieries".

(b) Section 12 (6 )—

Omit ", as amended by subsequent Acts".

(6) (a) Section 14 (2)—

Omit "or any Act amending that Act".

(b) Section 14 (4) —

Omit "subsection three of this section", insert instead

"subsection (3)".

(c) Section 14 (4 )—

Omit "or any Act amending that Act,".

(d) Section 14 (4 )—

Omit "as amended by subsequent Acts," wherever occurring.

(7) Section 15 (3 )—

Omit "the last preceding subsection", insert instead

"subsection (2)".

(8) Section 17 (2), (3 )—

Omit "subsection one of this section" wherever occurring,

insert instead "subsection ( 1 ) " .

SCHEDULE 2—continued.

A M E N D M E N T S TO PARTS I - V I OF THE PRINCIPAL A C T BY WAY OF

STATUTE L A W REVISION—continued.

(9)	Section 2 1 —
Omit "subsection one of section seventeen of this Act", insert instead "section 17 ( 1 ) " .
(10)	Section 2 2 —

Omit "section twelve", insert instead "section 12".

(11) Section 25 ( 2 ) —

Omit "of this Act".

(12) (a) Section 26 ( 2 ) —

Omit "subsection one of this section", insert instead

"subsection ( 1 ) " .

(b) Section 26 (8) —

Omit "as amended by subsequent Acts,".

(c) Section 26 (8) ( b ) —

Omit "sections one hundred and forty-one to one

to 149".
hundred and forty-nine", insert instead "sections 141
(13)	(a) Section 27 ( 1 ) —

Omit "paragraphs ( a ) , (b) and (c) of subsection one of section eleven of this Act", insert instead "section

11 (1) ( a ) , (b) and ( c ) " .

(b) Section 27 (1) ( c ) —

Omit "Commissioner for Railways", insert instead "Public Transport Commission of New South Wales".

SCHEDULE 2—continued.

AMENDMENTS TO PARTS I - V I OF THE PRINCIPAL ACT BY WAY OF

STATUTE LAW REVISION—continued.

(c) Section 27 (2 )—

Omit "subsection one of this section", insert instead

"subsection (1)".

(d) Section 27 (2 )—

Omit "subsection two of section fifty-six of this Act", insert instead "section 56 (2)".

(e) Section 27 (3 )—

Omit "paragraph (c) of subsection one of this section", insert instead "subsection (1) (c)".

(14) (a) Section 29 (5 )—

Omit "paragraph (d) of subsection one of this section", insert instead "subsection (1) (d)".

(b) Section 29 (7)—

Omit "subsections two, four and five of this section", insert instead "subsections (2) , (4) and (5)".

(c) Section 29 (8)—

Omit "paragraph (d) of subsection one of this

section", insert instead "subsection (1) (d)".

(d) Section 29 (9) —

Omit "subsections three and six of this section", insert instead "subsections (3) and (6)".

(e) Section 29 (9 )—

Omit "subsection eight of this section", insert instead
"subsection (8)".

SCHEDULE 2—continued.

A M E N D M E N T S TO PARTS I - V I OF THE PRINCIPAL A C T BY WAY OF

STATUTE L A W REVISION—continued.

(15)	Section 3 0 —
Omit "subsection two of section twenty-two", insert instead
"section 22 ( 2 ) " .

(16) Section 3 1 —

Omit "section twenty-three", insert instead "section 23" .

(17) Section 3 4 —

Omit "section twenty-six", insert instead "section 26".

SCHEDULE 3.

A M E N D M E N T S TO PARTS V I I AND V I I I OF THE PRINCIPAL A C T BY

WAY OF STATUTE L A W REVISION.
(1)	(a) Section 36 (2) ( a ) —

Omit "five", insert instead " 5 " .

(b) Section 36 (2) (b) —

Omit "seven", insert instead "7" .

(c) Section 36 (2) ( c ) —

Omit "shall".

SCHEDULE 3—continued.

AMENDMENTS TO PARTS V I I AND V I I I OF THE PRINCIPAL ACT BY

WAY OF STATUTE LAW REVISION—continued.

(2) Section 37—

Omit "the last preceding section", insert instead "section

36".

(3) (a) Section 39 (b) (iv)—

Omit "of the Court relating to the coal mining industry or".

(b) Section 39 (b) (iv)—

Omit "section three", insert instead "section 3".

(4) (a) Section 40 (1) (c)—

Omit "of the Court or".

(b) Section 40 (1) (d )—

Omit "section three", insert instead "section 3".

(c) Section 40 ( 1 A ) —

Omit "subsection one of this section", insert instead

"subsection ( l ) " .

(d) Section40 ( l c ) —

Omit "of this section".

(5) Section 41 (1 )—

Omit "two", insert instead "2".

SCHEDULE 3—continued.

A M E N D M E N T S TO PARTS V I I AND V I I I OF THE PRINCIPAL A C T BY

WAY OF STATUTE L A W REVISION—continued.

(6) Section 43 ( 4 ) —

Omit "three", insert instead " 3 " .

(7) (a ) Section 43A (1)-

Omit "section forty-three of this Act", insert instead

"section 44".

(b) Section 43A (1)-

Omit "two or three", insert instead "2 or 3".

(8) (a ) Section 44 (1) (d) —

Omit "award of the Court or".

(b) Section 44 (4) —

Omit "paragraph (a) of subsection one of this section", insert instead "subsection (1 ) ( a ) " .

(c) Section 44 ( 5 ) —

Omit "subsection three of this section", insert instead

"subsection ( 3 ) " .

(9) (a ) Section 4 5 —

Omit "sections thirty-nine, forty and forty-two of this

Act", insert instead "sections 39, 40 and 42".

(b) Section 4 5 —

Omit "subsection one of the last preceding section", insert instead "section 44 ( 1 ) " .

SCHEDULE 3—continued.

AMENDMENTS TO PARTS V I I AND V I I I OF THE PRINCIPAL ACT BY

WAY OF STATUTE LAW REVISION—continued.

(10) Section 47 (1)—

Omit "seven", insert instead "7".

(11) Section 5 1 —

Omit "by the Court or".

(12) Section 52—

Omit "by regulations".

(13) (a) Section 54A (2)—

Omit "subsection one of this section", insert instead

"subsection (1)".

(b) Section 54A (2 )—

Omit "two hundred dollars", insert instead "$200".

(14) (a) Section 55 (1)—	Omit "paragraph (j) of subsection three of section
eleven of this Act", insert instead "section 11 (3)
(j)".

(b) Section 55 (1) —

Omit "three months", insert instead "3 months".

(15) (a) Section 60—

Omit "two thousand dollars", insert instead "$2,000".

SCHEDULE 3—continued.

A M E N D M E N T S TO PARTS VII AND VIII OF THE PRINCIPAL A C T BY

WAY OF STATUTE L A W REVISION—continued.

(b) Section 6 0 —

Omit "two hundred dollars" wherever occurring, insert instead "$200".

(c) Section 6 0 —

Omit "six", insert instead "6" .

(16) Section 61 ( 2 ) —

Omit the subsection, insert instead :—

(2) Section 41 of the Interpretation Act, 1897, applies in respect of a regulation made under this Act as if this Act had been passed after the commencement of the Interpretation (Amendment) Act, 1969.