Coal Mine Workers (Pensions) Act Amendment Act 1977 (WA)

WESTERN AUSTRALIA.

COAL. MINE. WORKERS

(PENSIONS).

No. 12 of 1977

AN ACT to amend the Coal Mine Workers

(Pensions) Act, 1943-1973.

[Assented to 11th October, 1977.]

RE it enacted by the Queen's Most Excellent

Majesty, by and with the advice and consent

of the Legislative Council and the Legislative

Assembly of Western Australia, in this present

Parliament assembled, and by the authority of the

same, as follows:—

1. (1) This Act may be cited as the Coal Mine Short title and citation.

Workers (Pensions) Act Amendment Act, 1977.

(2) In this Act the Coal Mine Workers (Pensions)	Approved for
reprint 28th

Act, 1943-1973 is referred to as the principal Act.

June, 1971

and

amended by

Acts Nos. 35

of 1971.

79 of 1972

and 40 of

No. 12.] Coal Mine Workers (Pensions). [1977.

(3) The principal Act as amended by this Act may be cited as the Coal Mine Workers (Pensions) Act, 1943-1977.

Commence-	2.	This Act shall come into operation on a date
ment.

to be fixed by proclamation.

Section 7

Subsection (2) of section 7 of the principal Act is amended by deleting the words "seventeen dollars" in the last line and substituting the words "thirty- four dollars and fifty cents".

amended. 3.

Section 26

Subsection (2) of section 26 of the principal Act is repealed and the following subsections substituted

amended. 4.

(2) Where a mine worker who is eligible for or has been awarded a pension pursuant to this Act is a patient as defined by the Mental Health Act, 1962 his pension rights pursuant to this Act shall, unless the Tribunal determines otherwise (which it is hereby authorized to do), be suspended while he continues as a patient as so defined.

(2a) Whilst the pension rights of a mine worker pursuant to this Act are suspended by force of subsection (2) of this section any person who would, if the mine worker were dead, have been eligible for a pension under section ten of this Act, shall be eligible for a pension in accord- ance with that section as if the mine worker were dead, and shall be entitled to retain the whole of the said pension for his own use and benefit absolutely, notwithstanding anything in the Mental Health Act, 1962 or any other Act. .