Coal Production Regulation Act of 1933 (24 Geo v No. 18) (Qld)

14500 COAL. - --- --- - - ~-- --~ Coal Production Reg1llation Act. 24 GEO. V. No 18, COAL. 24GEO. V. An Act to Provide for the Regulation and Facilita- No. 18. THE tion of the Production, Supply, and Sale of COAL PRODUCTION Coal, and for other purposes. REGULATION ACT OF 1933. [ASSENTED TO 9TH DEOEMBER, 1933.] Preamble, 'W HEREAS, pursuant to the powers and authorities in that behalf, legislation is desirable whereby provision may be made for the regulation and facilitation of the production, supply, and sale of coal, for the promulgation of a Scheme, herein referred to as the "Central Coal Scheme," for the promulgation of District Coal Schemes, and for the making of such further provisions as will ensure the orderly conduct of the production and sale of coal in Queensland- Be it therefore enacted by the King'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:- PART 1.- PRELIMINARY. PART I.-PRELIMINARY. ShOT'! title. 1. (1.) This Act may be cited as Production Regulation Act of 1933." "The Goal Commence- (2.) Except where otherwise provided, this Act shall ment of Act. come into force on a date to be proclaimed by the Governor in Council by Proclamation published in the Gazette, which date is herein referred to as the commencement of this Act. Parts of Acts. 2. This Act is divided into Parts, as follows :-- PART !.-PRELIl\UNARY; P ART IT .-CENTRAL COAL SOHEME AND CENTRAL COAL BOARD; PART lIl.-DISTRICT COAL SOHEME AND DISTRICT COAL BOARDS; PART lV.-GENERAL PROVISIONS.

1988. COAL. Coal Production Regulation Act. 14501 PART 1.- PRELIMINARY. 3. This Act and any Orders in Council or regulation Construction made thereunder shall be read and construed subject to of Act. the *Commonwealth of A ustmlia ConstitutionAct and so as not to exceed the legislative power of the State, to the intent that where any enactment or provision thereof would, but for this section, have been construed as being in excess of that power, it shall, nevertheless, be a valid enactment to the extent to which it is not in excess of that power. 4. (1.) For the purpose of regulating the production, Central Coltl supply, and sal y of coal by owners of coal mines situate Scheme. in Queensland, and also for the purpose of giving full effect to the objects and purposes of this Act, there is hereby promulgated a Central Coal Scheme. Subject to the provisions of this Act, the Central Coal Scheme shall be administered by a Board to be called the "Central Coal Board," which shall be constituted and shall have such powers, authorities, and jurisdiction as shall hereafter be provided. (2.) In addition to and in aid of the Central Coal District Coal Scheme, and for the purpose of regulating the Scheme. production, supply, and sale of coal by owners of coal mines in the District concerned, there shall be for every District a District Coal Scheme; such District Coal Scheme shall have force and operation in all or every of such Districts or District. Every District Coal Scheme shall, subject to this Act, be administered by a District Coal Board, which shall be constituted and have such powers, authorities, and jurisdiction as shall hereafter be prescribed. (3.) No Scheme, whether the Central Coal Scheme Vote of or any District Coal Scheme, shall be promulgated or ~ proval of have any etIect unless and until it has been approved I c erne. by not less than seventy-five per cent. of the total votes exercisable by coal owners in the manner hereinafter set forth. (4.) Any Scheme may, subject to this Act, be Amendment amended in manner provided by the Scheme, and, subject of Scheme. to this Act, a new Scheme in lieu of any existing Scheme may be introduced and made of full force and operation in manner as provided in the Central Coal Scheme or the District Coal Scheme, as the case may be. * 63 and 64 Vic. c. 12 (Statutes, page 4565).

14502 PART 1.- PRELIMINARY. COAL. Coal Production Regulation Act. 24 GEO. V. No 18, ~ ~hs~ bj: e~ o ( 5') D~ tO .SchCemle'Swhhether the Central dCoal Schfemhe to approval or any IS rIct oa c eme, or any amen ment 0 t e {)f Governor Central Coal Scheme or any District Coal Scheme, shall in Council. have any force or effect under this Act unless it shall have been approved by the Governor in Council, which approval shall be signified by Order in Council published in the Gazette : Provided that every District Coal Scheme shall be submitted to the Central Coal Board and shall receive the consideration of the Central Coal Board before the submission of same to the Governor in Council. Operation of (6.) Every Scheme under this Act shall come into Scheme. force on such date as the Central Coal Board may appoint with the approval of the Governor in Council, and such date of the coming into force of the Scheme shall be published by notification in the Gazette. Ptt:ation (7.) The provisions of this Act applicable in the ~ t peas~ : ;s of preparation of any Scheme thereunder, including the Act. promulgation of any regulations in respect thereof, may be applied and, if so applied, have operation at the passing of this Act; but no Scheme shall have any operation or effect until after the commencement of this Act and until any such Scheme has been promulgated and adopted in accordance with this Act after the commencement of this Act. Voting. (8.) The basis of voting at any meeting of coal owners convened for the purpose of the consideration, promulgation, and adoption of a Central Coal Scheme shall be one vote for each colliery company, firm, corporation, or individual person (being in each or either case a coal owner), and an additional vote to every coal owner in respect of each complete two thousand tons of output in the twelve months ended the thirtieth day of June then last preceding: Provided that no coal owner shall have and exercise in the whole more than eleven votes. The basis of voting in respect of any District Coal Scheme shall be the same as in respect of the Central Coal Scheme, but limited to the voting by the coal owners in the District concerned. Any such Scheme under this Act to have effect and operation must be approved by not less than seventy- five per cent. of the votes of the coal owners entitled to participate in the voting on the question of the promulgation and adoption of the Scheme concerned.

1933. COAL. Coal Production Reg1llation Act. 14503 PART 1.- PRELIMINARY. 5. In this Act, unless the context or subject-matter I~ terpreta. otherwise indicates or requires, the following terms have tlOn. the meanings set against them respectively, that is to say:- " Central Coal Board" -The Central Coal Board Central Coal constituted under the authority of this Act: Board. the term, where necessary, includes the chairman or any member thereof; " Coal"--Coal includes bituminous coal, cannel Coal. coal, anthracite, or lignite; "Coal owner" or "owner" includes a lessee Coal owner' of a colliery or the owner of a colliery or owner. operating on freehold or lands leased under any tenure; "Commissioner of Prices" -The Commissioner Commis· of Prices appointed for the time being ~ o. ner oC pursuant to *" The Profiteering Prevention Act rlCell. of 1920" as amended by t" The Industrial Conciliation and ArbitrationAct of 1932" (or any Acts amending or in substitution for such Acts) ; "District" means anyone of the five Districts Distriot. comprising the State of Queensland as defined on a map as set forth in the Schedule Schedulo. to this Act, and comprising- (a) Northern District, (h) Central District, (c) Maryborough District, (cl) Darling Downa District, and (e) West Moreton District; " District Coal Board"- Any District Coal Board Dist,ript Coal constituted under the authority of this Act: Board. the term, where necessary,' includes the chairman or any member thereof; " Expotr " o"r export t rade" means coa 1 shl' pped Export or for use outside the boundaries of the State, exp;rt or coal used as bunkers on vessels transporting tra e. such coal, provided that the quantity of coal carried as cargo exceeds five hundred tons; * 10 Geo. V. No. 33, supra, page 9213. t 23 Geo. v. No. 36, supra, page 14266.

14504 COAL. PART 1.- - - - - - - - - - - - - - - - - - - - - - - - - - - - PRELIMINARY. Coal Production Regulation Act. 24 Gm. V. No 18, Minister. " Minister"- The Secretary for Mines or other Minister of the Crown for the time being administering this Act; Prescrib€d. "Prescribed"--Prescribed by this Act; Sell. " Sen " includes barter and exchange, and "sale" and "sold" have a corresponding meaning; This Act. "This Act"-This Act and all Procla.mations, PART II.- Orders in Council, and regula.tions thereunder CENTRAL COAL SCHE~ IE AND CENTRAL COAL BOARD. Provisions in PART n.-CENTRAL COAL SCHEME AND CENTRAL COAL BOARD. 6. S ubject to this Act, when a Central Coa I respect of Scheme has been promulgated and adopted as is by this ~Etc: : ; r~ f Act hereinbefore provided, the following provisions as CoalSchemo. hereinafter set forth shall apply and extend in regard thereto: Central Coal Provided, however, that the first Centra] Coal Board ~ ~ ~ ; ~ ~ ~ ~ led may be constituted on the passing of this Act on thE' passing of this Act. Oonstitution of Oentral Ooal Board. Central CoaJ 7. (1.) Subject to this Act, for the purposes of this Board. Act there shall be constituted in this State a Central Coal Board. The members of such Board shall be appointed by the Governor in Council by Order in Council published in the Gazette. Constitution. (2.) The Central Coal Board shall consist of five members. One member shall be the Commissioner of Prices who shall be chairman, two members shall be persons representative of coal owners, one member shall be a person representative of Government collieries, and one member shall be a person representative of employees in collieries. First Board. (3.) For the purposes of the constitution of the first Central Coal Board under this Act, the Governor in Council may by Order in Council appoint as the Board the Commissioner of Prices, one member, being a person representative of Government collieries, the two members who, in the opinion of the Governor in Council, are persons representative of the coal owners, and one member who, in the opinion of the Governor in Council, is representative of colliery employees respectively: Provided that such first Board may be constituted on the passing of this Act.

COAL. 14505 1933. PART II.- Coal Production Reg1tlMion Act. CENTRAL COAL ----------------------------- SCHEME AND (4.) The members of the first Central Coal Board C~~~ ~AL other than the Commissioner of Prices (who is ex officio BOARD. member and chairman) shall be appointed for such time, T~ nure of not exceeding two years, as the Governor in Council 0 ce. shall, in the Order in Council appointing same, so direct. The members other than the Commissioner of Prices of the second or any subsequent Central Coal Board shall hold office for a period of three years from the date of their appointment or election~ as the case may be. (5.) Notwithstanding anything contained in this Future Act, the Governor in Council mav from time to time Boards. make regulations for the constitutiO'n of any Central Coal Board other than the first Central Coal Board, consisting of the Commissioner of Prices who shall be chairman, two members representative of the coal owners who shall be elected by the coal owners in the manner prescribed, and one member representative of the coal employees who shall be elected by the coal employees in the manner prescribed, and one member who shall be a person representative of Government collieries; the conduct of any such election by post or otherwise; the compilation and revision of rolls of persons entitled to vote at such election; the method of determining the qualification of voters at such election, and the making of such list conclusive evidence of the title GO vote at any such election. (6.) Any person who has his affairs under Disqualifica- liquidation or is an uncertificated or undischarged tion. bankrupt or insolvent, or has been convicted of an indictable offence or is undergoing sentence of imprison- ment, or becomes an insane person shall be disqualified from being appointed or elected or from continuing as a member of the Central Coal Board. (7.) The Governor in Council may by Order in Council Vacancies. appoint any person representative of the coal owners or colliery employees to fill any vacancy in the office of member. 'Vhere any person is appointed to fill any vacancy, the successor appointed to fill the vacancy shall be appointed for the remainder of the term of office of the membel' to whose office he is appointed. (8.) The office of member of the Central Coal Board Vacation of shall be vacated- office. (a) If he is or has become disqualified under this Act; or

14506 PART II.- CENTRAL COAL SCHEME AND CENTRAL COAL BOARD. COAL. Coa.l Production Reg1tlation Act. 24 Gm. V. No 18, (b) If without leave obtained from the Board in that behalf he has been absent from more than three consecutive meetings of the Board; or tc) Upon death or resignation. Resignation. (9.) Any member may resign his office as a member by notification in writing to the chairman of the Central Coal Board, who shall submit such resignation to the Governor in Council for acceptance. Nature of 8. (1.) The Board shall be a body corporate under btheeaBbooadryd to the name and style of the " Queensland Central Coa . l corporate. Board," and by that name shall have perpetual succession and an official seal, and shall be capable in law of suing and being sued in its corporate name, and of acquiring, holding, and disposing of real and personal property. (2.) All courts, judges, and persons acting judicially shall take judicial notice of the seal of the Central Coal Board affixed to any document or notice, and shaH presume that it was duly affixed. Appoint. ment of officers. 9. The Central Coal Board may appoint a secretary and such officers as are necessary to assist the Board in carrying out its functions, duties, and authorities under this Act. Funds of 10. The remuneration of the secretary and other CthoealCBeonatrradl. officers appointed under this Act, and all other expenses of and incidental to the administration of this Act, shall be paid by the Central Coal Board out of the Central Coal Fund hereinafter referred to. Cent,raJ Coal 11. (1.) There shall be payable to the Central Coal ~ ~ ~ rd may Board by every coal owner a contribution or levy towards contribution. the cost of defraying the expenditure involved in the administration of this Act and of carrying out the duties and functions of the Board thereunder or pursuant or incidental thereto, and/or for subsidising the export of coal from Queensland. Such contribution shall be on the basis and in proportion to the output or disposal of coal by the coal owner concerned, and shall be paid at the times and in the manner prescribed. (2.) Any contribution unpaid may be recovered from the coal owner by the Central Coal Board as a debt in any court of competent jurisdiction.

COAL,. 14507 PART II.- 1933. Coal Production Regulation Act. CEKTRAL COAL _ _ _ _ _ _ _ _ _ _ ____ SCHE:liE AND CENTRAL 12. There is hereby established a Central Coal COAL Fund into which shall be paid all moneys raised by the CeiJ. ~ : : ~ ~ ~ al Central Coal Board by contributions from the coal Fund. owners as hereinbefore provided. Out of such Fund shall be paid the costs, charges, and expenses as prescribed in section ten of this Act, and any such other moneys as may be prescribed. Subject to this Act, the Fund shall be administered by the Central Coal Board and shall be subject to audit by the Auditor-General or any officers of his department. 13. In addition to the powers and authorities Further provided in this Act, the Central Coal Board shall be bo~er~~' 1 entrusted with the following powers, functions, duties, B~ : rr; oa and enquiries, namely:- (a) To be entrusted with the general control, management, and supervision of the Central Coal Scheme or any District Coal Scheme. (b) To give consideration in respect of the operation of District Coal Schemes and/or District Coal Boards. (c) The giving of advice and information to the District Coal Boards for the purpose of co-ordinating the operation and functions of the Central Coal Scheme and the District Coal Schemes. (d) To provide that any coal owner or any person aggrieved by any act or omission of a District Coal Board may submit the matter in question for final determination by the Central Coal Board, and prescribing the manner in which any such reference is to be heard and determined by the Central Coal Board. (e) Subject to this Act, for empowering and authorising (notwithstanding any Act or law to the contrary) the Central Coal Board to issue coal trading licenses to all coal owners operating or whose works have reached the coal seam at the date of the passing of this Act; and subject to this Act, empowering and authorising the Central Coal Board to

14508 PART 11.- CENTRAL COAL SCHE}lE AND CENTRAL COAL BOARD. COAL. Coa~ Product'ion Regulation Act. 24 GEO. V. No 18, refuse to issue any further coal trading licenses after the passing of this Act if ill the opinion of the Central Coal Board the collieries, either at the passing of this Act or at any future period, can fulfil the requirements and demand for coal from any District. Subject to this Act, such power of granting or refusing of such coal trading licenses shall vest in and be imposed in the Central Coal Board throughout the State including any District, whether there is within any District concerned any District Coal Scheme or not: Provided that in case of refusal by the Central Coal Board to issue any coal trading license, whether any such application for license is made before, on, or after the passing of this Act, the applicant whose application has been so refused may appeal to the Minister, and the decision of the Minister on the hearing of such appeal shall be final and conclusive and be obeyed by all persons concerned and be without appeal to any tribunal whatsoever. Such licenses shall be in the prescribed form and shall contain such provisions, conditions, and stipulations as shall be prescribed. *0 (j) To determine, subject approval by the Governor in Council, in what manner the assets of the Central Coal Board shall be dealt with on the expiration of this Act or 'on the dissolution of the Central Coal Scheme, and prescribing the manner in which such dissolution shall be effected. (g) To provide for all matters incidental to or consequent on the foregoing provisions of this section or this Act, and the making of regulations (subject to the approval of the Governor in Council) to give effect to these provisions.

COAL. 14509 PART II1.- 1933. Coal Production Regttlation Act. DISTRICT COAL SCHEME AND DISTRICT COAL P AR'r lIlo-DISTRICT COAL f3CHEM:E AND DISTRICT COAL BOARDS. BOARDS. 14. Subject to this Act, where in any District a District Coal District Coal Scheme has been promulgated and adopted Schemes. as is by this Act hereinbefore provided, the following provisions as are hereinafter set forth shall apply and extend in regard to any such Scheme: Provided, however, that any District Coal Board may be constituted at the passing of this Act, and any necessary regulations in relation to such constitution may be made at the passing of this Act: Provided that if in the opinion of the Central Coal Board a District Coal Scheme for any District concerned has not within a reasonable time become operative in such District, the Central Coal Board shall have power and authority to promulgate a District Coal Scheme for such District, and any such Scheme so promulgated, on receiving the approval of the Governor in Council, shall be and be deemed to be the District Coal Scheme for such District under and for all purposes of this Act. 15. There shall be established in every District Election of to which any District Coal Scheme applies a District Coal g~ ~ r~ ~ ard. Board. • Subject as herein provided, such Board shall consist of not less than two members nor more than seven members, being representatives of coal owners, as may be prescribed in the District Coal Schemes concerned, and one representative of employees in collieries. The representatives of ~ al owners shall be elected by the coal owners in the District concerned and in the manner prescribed, and the representative of employees shall be elected by the employees of collieries in the District concerned and in the manner prescribed: Provided that the Governor in Council may from time to time appoint any person to be Government representative on any District Coal Board: Provided that in the event of any District Coal Board not being established in any District in accordance with the above provisions, the Governor in Council shall have power and authority to appoint such persons as it may deem fit and proper to be and to constitute the District Coal Board concerned, and such

14510 COAL. PART III.- DISTRICT COAL Coal Production Regulation Act. 24 GEO. V. No 18, SCHEME AND - - - - - - - - - - - - - - - - - - - - - DISTRICT COAL Board so appointed shall be and be deemed to be the BOARDS. District Coal Board under and for all purposes of this Act. Except as otherwise may be prescribed, the provisions of subsections four, five, six, seven, eight, and nine of section seven of this Act shall, mutatis mutandis, apply and extend in relation to any District Coal Board or member thereof. Officers. 16. Every District Coal Board may appoint a secretary and such officers as are necessary to assist the Board in carrying out its functions, duties, and authorities under this Act. Quota. 17. Every DiRtrict Coal Scheme may provide for the determination, at such times and for such periods as may be decided in accordance with the provisions of the Scheme, of the quota of coal output which each of the coal mines in the District concerned shall be allowed to produce, and also of the destination to which such coal shall be forwarded. District Coal 18. (1.) Every District Coal Board shall be a body Board to be corporate under the name and stvle of the "[indicating ~o~ ~ ~ ; ate. District] District Coal Board," a:nd by that name shall have perpetual succession and an official seal, and shall be capable in law of suing and being sued in its corporate name and of acquiring, holding, and disposing of real and personal property. (2.) All courts, judges, and persons acting judicially shall take judicial notice of the seal of the District Coal Board concerned affixed to any ~ocument or notice, and shall presume that it was duly affixed. District Coal 19. (1.) There shall be payable to every District ~~ard8 m~ y Coal Board by every coal owner in the District concerned coltribution. a contribution or levy towards the cost of defraying the expenditure involved in the administration of this Act and of carrying out the duties and functions of the District Coal Board concerned, and for the payment of any moneys payable under the provisions of the District Coal Scheme. (2.) Any contribution unpaid may be recovered from the coal owner by the District Coal Board as a debt in any court of competent jurisdiction:

COAL. 14511 - - - - - PART III.- 1933. Coal Production Regulation Act. DISTRIor COAL SCHEME AND DISTRIor Provided always, that any such levy under this COAL section shall ha.ve no effect unless the same shall have BOARDS. been approved by the Central Coal Board; and the proceeds of any such levy, if approved, shall be applied in and towards the purposes of the District Coal Board concerned. 20. There is, in respect of every District, hereby District Coal established a District Coal Fund which shall, subject to Fund. the District Coal Scheme, bp, controlled and administered by the District Coal Board concerned. Subject to the provisions of the Scheme, there shall be paid into such Fund any moneys received under the provisions of the Central Coal Scheme or of the District Coal Scheme by the District Coal Board or by any other persons in respect of their functions under the Dis~ rict Coal Scheme. There shall be paid out of the Fund the expenses of the District Coal Board concerned and of any moneys payable by that Board under either of these Schemes. Any District Coal Fund shall be subject to audit by the Auditor-General or any officers of his department. 21. Every such District Coal Scheme may provide Furt~ ~r for all or any of the following matters, that is to say:- prOVISIons. (a) To enable arrangements to be made by owners of coal mines in the District concerned for the transfer or sale of portion or all of their quota of coal output in accordance with the provisions of the District Coal Scheme. (b) For the determination, at such times and for such periods as may be decided in accordance with the provisions of the District Coal Scheme, of the price below which any class, grade, size, or description of coal produced in the District may not be sold or supplied by owners of coal mines in the District, and for securing. that the actual consideration obtained by the sale or supply of the several classes of coal shall not be less in value than the price so determined: Provided that any fixation of price hereinbefore set forth shall be subject to appeal by any coal owner or purchaser in the District concerned to the Commissioner of

14512 PAR'l' Ill.- DISTRICT COAL SCHEME AND DISTRICT COAL BOARDS. COAL. Coal Production Regulation Act. 24 GEO. V. No 18, Prices (who is chairman of the Central Coal Board), and h's determination shall be final and conclusive and without appeal to any tribunal whatsoever; and for the purposes of this provision the Commissioner shall have and exercise all or any of the powers and authorities under *', The Profiteering Prevention Act of 1920" (as amended by subsequent Acts). Nothing in this provision (b) shall be construed to apply in respect of coal obtained from any Government coal mine for use by ·any Governmental authority or corporation (c) For the manner in which the assets and liabilities of the District Coal Board are to be dealt with in the event of the Scheme ceasing to have effect or on the expiration of this Act or in the event of the dissolution of the Scheme; and for the manner in which such dissolution shall be effected. (d) For providing for all matters incidental to or consequent on the foregoing provisions of this section or this Act; and the making of regulations (subject to the approval of the Governor in Council) to give effect to these prOVISIOns. PART IV.- GENERAL PROVISIONS. Further PART IV.-GENERAL PROVISIONS. 22. (1.) A Central Coal Scheme or a District Coal prerloavtiisnigontos Scheme, as the case may be, may further provide-·- Central Coal Scheme or District Coal (a) For the issue of certificates specifying the name of the collierv from which coal has been Scheme. forwarded for export and other particulars in such manner as may be required in accordance with the provisions of the Scheme concerned in that behalf. (b) For the preparation of and diF!tribution amongst coal owners of information relating to the extraction of oil from coal, the use of pulverised coal and coal gas, or to any other matter relating to the production, preparation, treatment, and sale of coal * 10 Geo. V. No. 33, 8upra, page 9213.

COAL. 14513 1933. Coal Production ReguZation. Act. ~ -- - - -- ~ -- - -- - -- - - - - - - - - - - - - - - PART IV.- GENERAL PROVISIONS. or its by-products which, in the opmlOn of the Central Coal Board, is likely to be of interest and assistance to coal owners. (c) For the appointment' of committees to enquire into matters referred to such committees by the Central Coal Board or any District Coal Board for report to the Board. (2.) Regulations may be made to give full effect to Regulations. the operations of the above provisions. (3.) For the purposes of this Act or for any inquiry Central Coal &c., held by the Central Coal Board (or any member thereof), ! ot: d~ or District Coal Board (or any member thereof), or any Commission. committee of inquiry, or any person to whom is delegated the power of holding any inquiry (which power of delegation is hereby imposed on the Central Coal Board or any District Coal Board, as the case may be), such Central Coal Board or District Coal Board or member or committee or person aforesaid shall have the powers, authorities, and functions of a Commission under *" The O.fficial Tnq1liries Evidence Acts, 19lO to 1929" : Provided that approval of the Governor in Council shall be obtained before any inquiry under this subsection is held. 23. Any Central Coal Scheme or District Coal Publication Scheme, or any amendment of the Central Coal Scheme?f Schemes or any District Coal Scheme, shall be published in the ID Gazette. Gazette, and upon such publication any such Scheme shall have effect as if it were contained in this Act, and shall be judicially noticed. 2 +. Any coal owner, being subject to any Central Coal owner Coal Scheme and/or District Coal Scheme, who contravenes neglecting to or re f uses or f al' 1s or negIects to comply W'Ith any cCoemntprlayl wCoitahl provision of the Central Coal Scheme or District Coal Scheme or S c 1 .Ieme, or any d eC . Is . lOn nm d e un d er t h I ' S A ct b Y t h e DScihstermicet. Coal Central Coal Board or District Coal Board, shall be guilty of an offence and shall be liable to a penalty not exceeding one hundred pounds, and to a daily penalty of two pounds for every day during which the default continues. * 1 Geo. V. No. 26 and 20 Geo. V. No. 2, 8upra, pages 748 and 12474.

14514 COAL. PART IV.- ------------------------------------------------ GENERAL PROVISIONS. Coal Production Regulation Act. 24 GEO. V. No 18, Board may 25. The Central Coal Board or any District Coal rreeqtuurinres. Board may by a public notice under the hand of the secretary or authorised officer require all or any coal owners, at the time specified in the notice for the purposes of this Act, to make returns relating to coal within the time specified in the notice. If any person to whom such a notice applies neglects or refuses to make such a return within the specified time he shall be liable to a penalty not exceeding twenty pounds. Indemnity. 26. No action, claim, or demand whatsoever shall lie or be made or allowed by or in favour of any person whomsoever against His Majesty, or the Crown, or the Government, or the Minister, or against any member of the Central Coal Board in his personal capacity, or any member of a District Coal Board in his personal capacity, or any officer or person employed by any Board (in their personal capacity) acting in the execution of this Act for or in respect of any damage, loss, or injury sustained or alleged to be sUF;tained by reason of the passing of this Act or of its operation, or anything done or purporting to be done under this Act. Inspection of books, &c. 27. (1.) For the purposes of this Act, the Central Coal Board or the secretary or any person authorised by the Board in that behalf, or any District Coal Board or the secretary or any person authorised by such Board in that behalf, either generally or in any particular case, may at any reasonable time enter any premises and inspect any books, accounts, registers, documents, or writings found in or upon such premises relating to any transaction in connection with coal or in relation to coal mines, and may take copies thereof or of any entries therein. (2.) Any person who obstructs, hinders, prevents, or interferes with any officer or person so authorised, or who, when requested so to do, refuses or neglects to produce such books, accounts, registers, documents, or writings, shall be liable on conviction to a penalty not exceeding one hundred poundR. General penalty. 28. (1.) Any person who is guilty of an offence, or of a contravention of this Act for which no specific penalty is in this Act provided, shall be liable to a penalty not exceeding twenty pounds

1933. COAL. Coal Prod,uGtion Regtllation Act. 14515 PART IV.- GENERAL PROVISIONS. (2.) All penalties incurred for any offence against Surrunary this Act,.,or any fees imposed by this Act, may be proceeding". recovered in a summary way under *" The Justices Acts, 1886 to 1932." (3.) All penalties recovered under this Act shall be Penaltills to P aid to the Central Coal Board or District Coal Board egfo Btooafrudn. ds and become part of the Central Coal Fund or any District Coal Fund, as the case may be. 29. (1.) Any information, complaint, or other legalrnform~ ti( ln, P roceeding under this Act ma u y be laid " made and taken & cocm. plamLfJ, in the name of the Central Coal Board or any District Coal Board by the secretary or by any other officer of the Board concerned duly authorised in that behalf, either generally or in any particular case. (2.) In any proceedings for an alleged offence Evideneo. against this Act it shall not be necessary to prove the appointment of the Central Coal Board or the members thereof, or Distt'ict Coal Board or the members thereof, or the secretary or other authorised officer, or the authority of the secretary or other authorised officer to lay the complaint or to take the proceedings or to do any act or to give any direction or issue or serve any notice. (3.) The secretary or other authorised officer shall, Reimburse, oCuotalofBtohaerdfu, nbdes roefI. tmhbeuCrseendtraalllCdoaalmBagoeasr,d coorsatns, ycDhiasrtgreics,t s& meccenretta o r f y. . and expenses to which he is put or with which he becomes chargeable by reason of anything contained in subsection one of this section. 30. No act or proceeding purporting to be When acts ot authorised by the Central Coal Board or any District ! ~ ' : r~ d~ ot Coal Board shall be held to be invalid by reason that the Board was not properly constituted, or by reason of any invalidity or irregularity in the appointment or election (as the case may be) of any member or members of the Board concerned. 31. Except in respect of representation on either ~ rown the Central Coal Board or any District Coal Board, the mterests. provisions of this Act shall not bind the Crown, or any Crown corporation or Crown instrumentality: >I< 50 Vic. No. 17 and amending Acts, supra, pages 1132 et seg. B

14516 PART IV.- GENERAL PROVISIONS. COAL. Coal Production Regulation Act. 24 GEO. V.::-.Jo 18, Provided that the Governor in Council may in its discretion from time to time make such ex gratia payments to any fund constituted under this Act as may be from time to time made out of the Consolidated Revenue, which is hereby appropriated for such purpose. Regulations. 32. (1.) The Governor in Council may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act and, where there may be in this Act no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to this Act, providing for and supplying such omission or insufficiency. In the making of any such regulations regard shall be given to representations from the Central Coal Board or any District Coal Board. Without limiting the generality of these provisions, such regulations may provide for all or any of the following matters:- (a) The constitution of the Central Coal Board or a District Coal Board and the appointment of members t.hereof; if necessary the election of the members; the filling of vacancies; the provision of deputies for members of the Board; the business, proceedings, meetings, and procedure of the Board; the appointment of committees in respect of the Central Coal Board or District Coal Board, and their powers and functions; the quorum of meetings; the signing of documents. (b) The promulgation, making, and approval of the Central Coal Scheme, and/or any District Coal Scheme, and any matter or thing appertaining thereto. (c) The voting in respect of any Scheme or other- wise, and the persons or classes of persons eligible to vote; the compilation of the roll of voters, and making the roll conclusive evidence of the title to vote at any such election.

COAL. 14517 IV.- ------------------------------------------------ PART 1933. Coal Production ReguZatiM/, Act. GENERAL PROVISIONS. (d) The registration of coal owners; the granting, issue, and form of coal trading linenses, and the terms, provisions, conditions, and stipulations thereof, and all other matters or things relevant thereto. (e) Prescribing the furnishing of information or returns relating to coal; the form of returns and the contents thereof, and the persons (whether coal owners or not) by whom the same shall be made, and the time and mode of furnishing the same. (f) Providing for the procedure III respect of appeals under paragraph (e) of section thirteen of this Act, and the necessary forms in regard thereto. (g) The burden of proof in any prosecution under this Act or regulations. (h) Services of notices. (i) The fees and allowances (if any) to members of the Central Coal Board or any District Coal Board. (j) The granting of certificates of exemption in respect of any matter or thing which the Central Coal Board or District Coal Board may deem expedient so to grant. (k) The a,ppointment of and duties of the secretary or other officers of the Central Coal Board or District Coal Board, and the remuneration of such officers. (1) All forms under this Act. (m) All matters or things required or permitted by this Act to be prescribed. (2.) The regulations may fix a penalty, not exceeding in any case fifty pounds, for any breach thereof. (3.) Such regulations may be made on the passing of this Act. (4.) All such regulations shall be published in the Gazette, and thereupon, subject to subsection seven hereof, shall be of the same effect as if they were contained in this Act and shall be judicially noticed, and shall not be questioned in any proceedings whatever.

14518 PART IV.- GENERAL PROVISIONS. COAL. Coal Production Regulation Act. 24 GEO. V. No. 18, 1933. (5.) Such regulations shall take effect from the date of publication in the Gazette, or from a later date to be specified in any such regulations. (6.) Such regulations shall be laid before Parliament within fourteen sitting days after such publication if Parliament is in session; or, if not, then within fourteen sitti.ng days after the commencement of the next seSSIOn. (7.) If Parliament passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days of such Parliament after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime. (8.) For the purpose of this section, the term "sitting days" shall mean days on which Parliament actually sits for the despatch of business. General powers; Orders in Council. 33. (1.) In addition to and without in any way limiting the powers of the Governor in Council under this Act, the Governor in Council is hereby empowered from time to time by Order in Council to issue such orders and give such directions and prescribe such rules as will in his judgment be calculated to give full effect. to the objects and provisions of this Act. (2.) All Orders in Council made under this Act shall be published in the Gazette. The Governor in Council may, by another Order in Council, amend or rescind any such Order in Council. (3.) No misnomer or inaccurate description or omission in or from any such Order in Council shall in any wise prevent or abridge the operation of this Act with respect to the subject-matter, provided the same is designated so as to be understood. (4.) All Orders in Council made or purporting to have been made under this Act, upon being published in the Gazette, shall have the same force and effect as if they were enacted in this Act and shall be judicially noticed, and their validity shall not be questioned in any proceedings whatever.

COAL-COMPANIES. 14519 PART IV.- 24 GEO. V. No. 24,1933. Life Assurance Companies Acts Amendment Act. GENERAL PROVISIONS. Such Orders in Council shall be laid before the Legislative Assembly within fourteen days after such publication if Parliament is in session; or, if not, then within fourteen days after the commencement of the next session. SCHEDULE. MAP. COMMONWEALTH AND STATE INCOME TAX COLLECTION AND ASSESSMENT. See INCOME TAX. COMPANIES, LIFE ASSURANCE. An Act to Amend "The Life Assurance Companies 24 Geo. V. No. 24. Act of 1901 " (as amended by "The Insurance THE Act of 1923") in certain particulars. LIFE ASSURANCE COMPANIES [ASSENTED TO 14TH DECEMBER, 1933.] ACTS AMENDMENT B E it enacted by the King's Most Excellent Majesty, ACT OF 1933. 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:- 1. (1.) This Act may be cited as "The Life Short title A8surance Companies Acts Amendment Act of 1933," : ~ ~ struction. and shall be read as one with *" The Life Assurance Companies Act of 1901 " (as amended by t" The Insurance Act of 1923 "), herein collectively referred to as the Principal Act. (2.) The Principal Act and this Act may be C.ollective collectively cited as "The Life Assurance Companies tItle. Acts, 1901 to 1933." * 1 Edw. VII. No. 20, supra, page 282. t 14 Geo. V. No. 29, supra, page 10574.