Coal Industry (Control) Acts Amendment Act of 1954 (3 Eliz Ii No. 8) (Qld)

232 MINING. Coal Industry (Control), Etc., Act. 3 E liz . II. No. 8, 3 E liz . II. An Act to Amend “ The Coal Industry (Control) Acts, No. 8. T he C oal I ndustry 1948 to 1952,” in certain particulars. (C ontrol ) A cts A mendment [A ssented to 27 th A pril , 1954.] A ct ojt 1954. E it enacted by the Queen’s Most Excellent Majesty, B 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:— Short title 1. This Act may be cited as “ The Coal Industry const t- ( Control) Acts Amendment Act of 1954,” and shall be 1 n* read as one with *“ The Coal Industry (Control) Acts, 1948 to 1952,” herein referred to as the Principal Act. Collective The Principal Act and this Act may be collectively tMe- cited as “ The Coal Industry (Control) Acts, 1948 to 1954.” New s. 16 a 2. The following section, numbered 16 a , is inserted inserted. after section sixteen of the Principal Act:— Power to “[16 a .] (1.) The Governor in Council is hereby stockpiling empowered to make, either at any one and the same of coal. time or from time to time, all such Orders in Council as upon the recommendation of the Board he deems necessary for the purpose of ensuring the provision and maintenance by users of coal of stocks thereof sufficient in the judgment of the Governor in Council to ensure the maintenance at all times, and in particular during periods of time during which supplies of coal may not be immediately available, of undertakings, services, and supplies of goods required for public use and consumption. (2.) The Governor in Council may, by such an Order in Council, order— (a) Any user of coal to provide and maintain a stock of coal of not less than the quantity specified in the order ; and/or (6) Any owner of a coal mine to supply the quantity of coal specified in that order to a user thereof named therein. (3.) An Order in Council under this section— (a) Shall specify the quantity of coal required thereby to be stocked by the user of coal or, as the case may be, supplied by the owner of a coal mine to whom that order is directed * 12 G. 6 No. 18 and amending Acts.

MINING. 1954. Coal Industry {Control), Etc., Act. \ and the place where that quantity of coal is to be stocked or, as the case may fie, delivered on supply; (6) May specify the classes and grades of the quantity or any amount of the quantity of coal thereby required to be stocked or, as the case may be, supplied, or different such classes or grades with respect to different amounts of that quantity ; (c) May specify a period of time within which the user of coal or owner of a coal mine to whom it is directed is to provide or, as the case may be, supply the quantity of coal thereby directed to be stocked or supplied by him ; ( d ) May require a stock of coal to be accumulated during a period of time by specifying that the user of coal or owner of a coal mine to whom the order is directed shall provide or, as the case may be, supply specified amounts of that coal on or before specified dates during that period; (e) May require the user of coal to whom the order is directed to purchase and take delivery of the quantity of coal specified in the order from the owner of a coal mine named therein or of different quantities of coal from different such owners so named or may specify different dates on each and every one of which that user shall purchase and take delivery from such an owner so named of an amount of coal specified in relation to the date in question ; (/) With respect to the maintenance of any stock of coal, may require an owner of a coal mine to supply periodically on or before specified dates, and either dining a specified period or without limit of time, specified quantities of coal to the user of coal named in that order, and may specify the classes and grades of that coal or of any quantity thereof or different such classes and grades for different amounts of any quantity thereof; and (g) May contain such other directions as the Governor in Council deems necessary for ensuring compliance in every respect with the order. 233

234 MINING. Coal Industry (Control), Etc., Act. 3 E liz . II. No. 8, 1954. (4.) (a) The power of the Governor in Council to make under this section an Order in Council directed to a user of coal or to an owner of a coal mine shall include power to make one or more such orders as appears to the Governor in Council necessary or expedient in the circumstances, and either at one and the same time or from time to time. (6) Subject to stating therein separately the matters and things which they respectively are thereby required to do and execute, an Order in Council under this section may be directed to a number of users of coal, or of owners of coal mines, or of both such users and owners. (c) The Governor in Council may by another Order in Council amend or rescind any Order in Council made by him under this section. (d) No misnomer or inaccurate description or omission in or from an Order in Council under this section shall in anywise prevent or abridge the operation of this Act with respect to the subject matter of that misnomer, inaccurate description, or omission provided the same is designated so as to be understood. (5.) (a) The publication in the Gazette of an Order in Council under this section shall be sufficient service of that order upon any and every person to whom it is directed or who is concerned therewith or affected thereby. Upon publication in the Gazette such an Order in Council shall be judicially noticed. (b) An Order in Council under this section may, in lieu of service by publication in the Gazette, be served upon a person by delivering a copy thereof to him by hand or by sending a copy thereof to him by prepaid registered post letter. (6.) Any and every person to whom an Order in Council under this section is directed shall comply in every respect with the requirements of that order therein and thereby expressed to be binding upon him, and, in respect of any failure to do so, shall be guilty of an offence against this Act and liable to the penalty prescribed by section sixty hereof.”. Amendment 3. Section sixty of the Principal Act is amended by of s. 60. repealing the word “ company ” and by inserting, in lieu of that repealed word, the words “ body corporate ”.