Coal Mining Industry (Long Service Leave) Administration Regulations 1993 (Cth)
made under the
This is a compilation of the
The notes at the end of this compilation
(the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
These Regulations are the
Coal Mining Industry (Long Service Leave) Administration Regulations 1993 .Note: The original title of these Regulations was the
Coal Mining Industry (Long Service Leave Funding) Regulations 1993 .
(1) In these Regulations, unless the contrary intention appears:
Act means theCoal Mining Industry (Long Service Leave) Administration Act 1992 .Note: The original title of the Act was the
Coal Mining Industry (Long Service Leave Funding) Act 1992 .administrator means a person with whom the Corporation proposes to enter into, or has entered into, a contract to administer the Fund.officer , in relation to a corporation that is an administrator, means a person who:(a) is a director (within the meaning of the Corporations Law) of the administrator; or
(b) is an executive officer of the administrator; or
(c) has control or substantial control of the administrator.
(1) The Corporation must be satisfied on reasonable grounds that an administrator meets the requirements set out in subregulation (2) or (3), as the case requires.
(2) If the administrator is an individual, the requirements are that:
(a) the administrator has educational qualifications and experience appropriate to administer the Fund; and
(b) the administrator is not an insolvent under administration within the meaning of the Corporations Law; and
(c) the administrator has not within the last 10 years been convicted of an offence involving financial dishonesty; and
(d) the administrator is of good fame and character; and
(e) the administrator will be an honest, efficient and fair administrator of the Fund.
(3) If the administrator is a corporation, the requirements are that:
(a) the administrator is not a Chapter 5 body corporate within the meaning of the Corporations Law; and
(b) subject to subregulation (4), each officer of the administrator meets the requirements set out in subregulation (2).
(4) The Corporation may appoint a corporation as administrator even though not every officer of the administrator meets the requirements set out in subregulation (2), if the Board is satisfied that the administration of the Fund is not likely to be prejudiced by the circumstance that 1 or more officers do not meet those requirements
For subsection 39B (1) of the Act, the table sets out kinds of eligible employees.
1 | An eligible employee who: (a) is at least 55; and
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2 | An eligible employee who: (a) is at least 55; and
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3 | An eligible employee who is a manager of a corporation that is an employer of eligible employees in the black coal mining industry |
4 | An eligible employee who is a senior professional employee engaged in the management of a corporation that is an employer of eligible employees in the black coal mining industry |
5 | An eligible employee whose annual salary (including allowances) is: (a) in 2012—at least $162 000; and
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6 | An eligible employee who is employed under an under‑graduate placement or a work training placement |
Note: Eligible employees of these kinds may make a waiver agreement with their employer as described in section 39B of the Act.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA
= | Sch = Schedule(s) |
LIA
= | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
1993 No. 136 | 23 June 1993 | 23 June 1993 | |
2011 No. 243 | 15 Dec 2011 ( | 1 Jan 2012 | — |
Corporations and Other Legislation Amendment (Insolvency Law Reform) Regulation 2016 | 13 Dec 2016 (F2016L01926) | Sch 1 (item 18): 1 Mar 2017 (s 2(1) item 2) | — |
r 1............................................. | rs 2011 No. 243 |
r 2............................................. | am 2011 No. 243 |
r 3............................................. | am F2016L01926 |
r 4............................................. | ad 2011 No. 243 |
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