Coal Mining Industry Long Service Leave Act 1950 (NSW)

COAL MINING INDUSTRY LONG SERVICE

LEAVE ACT.

Act No. 23, 1950.

An Act to constitute a Coal Mining Industry vide for the payment therefrom to employers in the coal mining industry of amounts paid by them to employees in respect of long service leave accrued to such employees under certain awards; to validate certain matters; and for purposes connected therewith. [Assented to, 16th May, 1950.] Long Service Leave Trust Fund; to pro-1

L B E ,

BE i t enacted by the King 's Most Excellent Majesty, by and with the advice and consent of t he Legis­	lat ive Council and Legislative Assembly of New South
Wales in Par l iament assembled, and b y t he au thor i ty of the same, as follows:—

1 . (1) This Act m a y be cited as the " C o a l Min ing

I n d u s t r y Long Service Leave Act, 1950."

(2) This Act shall commence upon a day to be

appointed by the Governor and notified by proclamat ion

published in the Gazette.

(3) This Act shall be read and cons t rued subject to the Commonwealth of Aus t r a l i a Const i tut ion Act, and so as not to exceed the legislative power of the S ta te , to the in tent tha t where any provis ion of th is Act or the appl icat ion thereof to any person or circumstance is held invalid, the remainder of this Act and the applicat ion of such provis ion to other persons or circumstances shall not be affected.

(1) I n this Act unless the context or subject m a t t e r otherwise indicates or requires—

2 .

" A d m i n i s t r a t o r " means the A d m i n i s t r a t o r

appointed under this Act.

" A w a r d " means any award made by the Coal

I n d u s t r y Tr ibuna l or the Cent ra l Reference B o a r d on the four teen th day of October, one
thousand nine hundred and forty-nine and the
twenty-fifth day of October, one thousand nine hundred and forty-nine, respectively, re la t ing to
long service leave benefits to employees to whom

any such a w a r d applies and includes any order

made p u r s u a n t to subclause ten of clause two or clause three of any such award , bu t save as

aforesaid does not include any var ia t ion of any

such award .

" E m p l o y e r " means any employer bound by an

award .

" F u n d "	means	the Coal	Mining	I n d u s t r y	Long
Service	Leave	T r u s t	F u n d	const i tuted	unde r

section three of this Act.

' ' P r e s c r i b e d " means prescr ibed by this Act or the

regulat ions under this Act.

(2)

(2) A reference in this Act to any Act of the P a r l i a m e n t of the Commonwealth shall include a	refer­
ence to tha t Act as amended from time to t ime.

3 . (1) There shall he const i tuted an account in the

Special Deposi ts Account in the T r e a s u r y to be called the

Coal Mining I n d u s t r y Long Service Leave T r u s t Fund .

(2) The F u n d shall consist of—

(a)	such amounts as are from time to time advanced
to the F u n d by the Colonial T reasu re r , and
(b)	all amounts received by the State from the
Commonwealth under the S ta tes Gran t s (Coal

Mining Indus t ry Long Service Leave) Act 1949

of the Pa r l i amen t of the Commonwealth.

(3) The F u n d shall be applied—

(a)	to the reimbursement of any employer of the amounts paid by him under and in accordance with the provisions of any award and with the p r io r approva l of the Admin i s t r a to r to any employee or the personal representa t ive of any deceased employee in respect of long service leave due to or shifts of ent i t lement accumulated by such employee or deceased employee under and in accordance with the provisions of any a w a r d ;
(b)	in meet ing the costs incurred in the
adminis t ra t ion of this Act.

4 . (1) An employer shall be entit led to be re imbursed

the amount paid by him under and in accordance with

the provis ions of any award to any employee or the	persona l represen ta t ive of any deceased employee in
respect of long service leave due to or shifts of enti t le­ ment accumulated by such employee or deceased employee unde r and in accordance with the provis ions of any award if he has obtained the approva l of the
Admin i s t r a to r p r io r to making such payment .

(2) The Admin i s t r a to r shall no t approve of any

paymen t refer red to in subsection one of this section unless he is satisfied tha t the employee or the personal represen ta t ive of a deceased employee is enti t led to such payment .

5 . (1) The S ta t e Mines Control Au tho r i t y const i tu ted

under the S ta te Coal Mines Act, 1912-1948, shall i n respect of coal produced a t a S ta te coal mine which is not subject to dut ies of excise unde r the Excise Tariff 1921-1949 of the Pa r l i amen t of the Commonwealth, p a y to the Commonwealth for the purposes of the S ta tes Gran t s (Coal Mining I n d u s t r y Long Service Leave) Act 1949 of the said P a r l i a m e n t such amounts as would have been payable as dut ies of excise under the said Excise Tar i f f had such coal been subject to such dut ies of excise.

I n this subsection " S t a t e coal m i n e " means a S t a t e

coal mine within the meaning of the S ta te Coal Mines

Act, 1912-1948.

(2) This section shall be deemed to have

commenced upon the first day of November, one thousand

nine hundred and forty-nine.

6 . (1) There shall be an Admin i s t r a to r of the F u n d ,

who shall be appoin ted by the Governor.

The person to be so appoin ted shall be an officer within the meaning of the Public Service Act, 1902, as amended by subsequent Acts .

The Admin i s t r a to r shall exercise and discharge the

powers , author i t ies , duties and functions conferred and
imposed upon him by or under this Act.

(2) The Governor may, unde r and subject to the provis ions of the Publ ic Service Act, 1902, as amended by subsequent Acts , appoin t such officers and employees as may be necessary for the adminis t ra t ion of this Act.

7 . The Admin i s t r a to r shall—

(a)	be responsible for the prudent and efficient
adminis t ra t ion of the F u n d ;
(b)	determine all questions of fact arising in
connection with paymen t s out of the F u n d ;
(c)	maintain such records and accounts as may be
necessary for the admin is t ra t ion of this A c t ;
(d)	as soon as pract icable af ter the th i r t i e th day of J u n e in each yea r p r e p a r e and t r ansmi t a r e p o r t to the Minis ter exhibi t ing a t rue and correct view of the financial posi t ion of the F u n d and of
the t r ansac t ions of the A d m i n i s t r a t o r ;

(e)

(e) a t such, t imes and in respect of such m a t t e r s as the Minis ter may require p r e p a r e and t r ansmi t to the Minis ter a t rue and accura te repor t .

(1) The Admin i s t r a to r may, for any purpose in connection wi th the adminis t ra t ion of this Act,—

8.

(a) summon wi tnesses ;
(b) receive evidence on oa th ; and
(c) requi re the product ion of documents or records .

(2) A person who has been lawfully summoned to a p p e a r before the Admin i s t r a to r shall not fail to appear , and a person who appea r s , whether summoned or not, shall not—

(a) refuse to be sworn as a wi tness ;

(b)	fail to answer any question he is lawfully required to answer ; or
(c)	fail to produce any document or records he is lawfully required to produce.

(3) Any person who neglects or fails to comply with any of the provis ions of this section shall be gui l ty of an offence and shall be liable on conviction to a pena l ty not exceeding fifty pounds .

9. (1) F o r the purposes of this Act every employer shall ma in ta in such records and in such form as the Admin i s t r a to r m a y require , and shall a t all t imes correct ly record the pa r t i cu la r s required by the A d m i n i s t r a t o r and shall when called upon so to do by the A d m i n i s t r a t o r or any person author ised by him in t h a t

behalf produce such records for invest igat ion by the

Admin i s t r a to r or person so author ised.

(2) A n y person who neglects or fails to comply wi th any of the provis ions of this section shall be guil ty of an offence and shall be liable on conviction to a pena l ty not exceeding fifty pounds .

1 0 .     (1) A n y person who for the purpose of obtaining

any paymen t under this Act for himself or for any o ther pe r son makes any false s ta tement to or misleads or a t t empt s to mislead the Admin is t ra to r , or any officer concerned in the adminis t ra t ion of this Act, or any other

person

person whomsoever or otherwise commits any f raudulent act or omission shall be gui l ty of an offence and shall be liable on summary conviction to a pena l ty not exceeding one hundred pounds or to impr isonment for twelve months .

(2) W h e r e a person is convicted of an offence under subsection one of this section and it is made to a p p e a r that , in consequence of such offence, he was wrongly paid any amount in respect of or p u r p o r t i n g to be in respect of long service leave accrued under any a w a r d the cour t may, in addi t ion to the pena l ty or punishment re fe r red to in t h a t subsection, impose a pena l ty or addi t ional pena l ty not exceeding twice the amount so wrongly paid.

1 1 . (1) Any pena l ty imposed by or unde r this Act or the regula t ions m a y be recovered in a s u m m a r y m a n n e r

before	a s t ipendia ry mag i s t r a t e	or any two just ices	in
pe t t y	sessions.

(2) A n y mag i s t r a t e or just ices m a y in a n y

proceedings for a pena l ty unde r th is Act or the regula­ t ions make such order as to the paymen t of costs as m a y be thought jus t and m a y assess the amount of such costs.

1 2 .     (1) E a c h award , insofar as it opera tes or pur ­

po r t s to operate , in relat ion to employers or employees, or the personal represen ta t ives of deceased employees, res ident or ca r ry ing on business in the S ta t e of New Sou th Wales , shall have the force of law, and shall be deemed always to have had the force of law, in accordance

wi th i ts tenor .
(2) Insofa r as any a w a r d which has the force of

law by v i r tue of th is section confers, or p u r p o r t s t o confer, power on an au thor i ty , other t h a n the Coal I n d u s t r y Tr ibunal , to b r ing the a w a r d into opera t ion, t h a t

power m a y be exercised by the Coal I n d u s t r y Tr ibuna l .

1 3 . (1) The Governor may make regula t ions not inconsistent with th is Act p rescr ib ing all m a t t e r s which by this Act a re requi red or pe rmi t t ed to be prescr ibed or which a re necessary or convenient to be prescr ibed fo r ca r ry ing out or giving effect to th is Act.

(2)

(2) I n pa r t i cu la r and without prejudice to the genera l i ty of subsection one of this section the regula t ions may—

(a)	prescribe the times within which and the manner and form in which applicat ions for payments under this Act may be m a d e ;
(b) prescr ibe the pa r t i cu la r s to be furnished	in

suppor t of such appl ica t ions ;

(c) require any person claiming a payment under this Act to make full and complete disclosure to the Admin i s t r a to r in relat ion to any such claim.

(3) The regulat ions m a y impose a penal ty no t

exceeding	twenty	pounds	for	any	breach	of	the
regula t ions .

(4) Any regulat ions made under this Act shall— (a) be published in the Gazet te ;

(b)	take effect from the date of publication, or from
a l a te r da te to be specified in the regu la t ions ;

and

(c) be laid before both Houses of Parliament within fourteen s i t t ing days af ter publication if Pa r l i amen t is then in session, and if not, then within fourteen s i t t ing days after the commence­ ment of the next session.

If e i ther House of Pa r l i amen t passes a resolut ion of which notice has been given a t any t ime within fifteen, s i t t ing days af ter such regula t ions have been laid before such House disallowing any regulat ion or p a r t thereof

effect. such regulat ion or p a r t shall thereupon cease to have M E A T