Coal Mining Industry Long Service Leave Act Amendment Act 1990 (Qld)

1610 COAL MINING INDUSTRY LONG SERVICE LEAVE ACT AMENDMENT ACT ANALY SIS OF CONTENTS 1. Short title 2. Commencement 3. Citation 4. Amendment of s. 2. Interpretation 5. Repeal of and new s. 6. Administrator 6. Amendment of s. 8. Power of Administrator to summon witnesses 7. Amendment of s. 9. Records to be kept by employers 8. Amendment of s. 10. False or misleading statements 9. Amendment of s. 13. Regulations 10. Validation of payments ANNO TRICESIMO NONO E,IZA ET AE SECUNDAE REGINAE No. 95 of 1990 An Act to amend The Coal M ining Industry Long Service Leave Act of 1951 in certain particulars and for another purpose [ ASSENTED TO 12TH DECEMBER, 1990]

Coal Mining Industry Long Service Leave Act Amendment Act 1990, No. 95 1611 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the Coal Mining Industry Long Service Leave Act Amendment Act 1990. 2. Commencement . (1) Section 1 and this section commence on the day this Act is assented to for and on behalf of Her Majesty. (2) The remaining provisions commence on a day appointed by Proclamation. 3. Citation . (1) In this Act, The Coal Mining Industry Long Service Leave Act of 1951 is referred to as the Principal Act. (2) The Principal Act, as amended by this Act, may be cited as the Coal Mining Industry Long Service Leave Act 1951-1990. 4. Amendment of s. 2. Interpretation . Section 2 of the Principal Act is amended in subsection (1) by omitting the definitions "Administrator" and "Award" and substituting the following definitions:- "Administrator" means the Administrator of the Fund; "Award" means- (a) any award or variation of an award relating to long service leave benefits to employees in the coal mining industry in Queensland made by the Coal Industry Tribunal or the Central Reference Board , whether before or after the commencement of section 4 of the Coal Mining IndustryLong Service Leave Act Amendment Act 1990; and (b) any orders and interpretations made or given, whether before or after the commencement of that section, under or in relation to any such award or variation;". 5. Repeal of and new s. 6. Section 6 of the Principal Act is repealed and the following section substituted:- "6. Administrator . (1) There shall be an Administrator of the Fund. (2) The person for the time being responsible for administering the Queensland Coal and Oil Shale Mining Industry Superannuation Fund shall be the Administrator. (3) The Administrator may exercise the powers and authorities, and shall discharge the functions and perform the duties, conferred or imposed on him under this Act. (4) The Administrator may engage such employees as he considers necessary for the exercise of the powers and authorities, the discharge of the functions, and the performance of the duties, of the Administrator.".

1612 Coal Mining Industry Long Service Leave Act Amendment Act 1990, No. 95 6. Amendment of s. S. Power of Administrator to summon witnesses. Section 8 of the Principal Act is amended by- (a) in subsection (1), inserting after the words "The Administrator" the words "or any person authorised by him in that behalf'; (b) in subsection (2), inserting after the words "the Administrator" the words "or a person authorised by the Administrator"; (c) in subsection (3), omitting the words "fifty pounds" and substituting the words "2 penalty units". 7. Amendment of s. 9. Records to be kept by employers . Section 9 of the Principal Act is amended in subsection (3) by omitting the words "fifty pounds" and substituting the words "2 penalty units". 8. Amendment of s. 10. False or misleading statements . Section 10 of the Principal Act is amended in subsection (1) by omitting the words "one hundred pounds" and substituting the words "4 penalty units". 9. Amendment of s. 13. Regulations. Section 13 of the Principal Act is amended by- (a) in subsection (2) (g), omitting the words "twenty pounds" and substituting the expression '140"; (b) omitting subsections (3) and (4). 10. Validation of payments. (1) Where, before the commencement of section 4 of this Act, an amount was paid by an employer under and in accordance with the provisions of any coal industry award (that was not, at the time of the payment, an award within the meaning of the Principal Act) to any employee or the personal representative of any deceased employee in respect of long service leave due to or shifts of entitlement accumulated by such employee or deceased employee under and in accordance with the provisions of any coal industry award- (a) the payment has, and is to be taken to have had, effect; (b) any approval purporting to have been given by the Administrator for the purposes of section 4 (1) of the Principal Act in connexion with the payment is to be taken to have been given as validly and effectually; and (c) any payment made out of the Fund that purported to be a reimbursement under section 3 (3) of the Principal Act of the amount so paid by the employer is to be taken to have been made as validly and effectually; as if that payment made by the employer were a payment made under and in accordance with an award within the meaning of the Principal Act.

Coal Mining Industry Long Service Leave Act Amendment Act 1990, No. 95 1613 (2) In this section- "coal industry award" means- (a) any award or variation of an award relating to long service leave benefits to employees in the coal mining industry in Queensland made by the Coal Industry Tribunal or the Central Reference Board; and (b) any orders and interpretations made or given under or in relation to any such award or variation.