Miner's Phthisis Act Amendment Act 1929 (WA)

No. 39.] Miner's Phthisis. 11929.

MINER'S PHTHISIS.

20° (ho. V., No. XXXVIIT.

No. 39 of 1929.

AN ACT to amend the Miner's Phthisis Aet, 1922.

[Assented to 31st December, 1929.]

BE it enacted by the King's Most Excellent Majesty, byCouncil and Legislative Assembly of Western Australia, inand with the advice and consent of the Legislative

this present Parliament assembled, and by the authority of

the same, as follows

Snot' le. 1. This Act may be cited as the Miner's Phthisis Act Amendment Act, 1929, and shall be read as one with the Miner's Phthisis Act, 1922, hereinafter referred to as the principal Act.

Interpretation of 2. Any person who was employed on, in or about a mine

on or after the commencement of the principal Act, shall be deemed to be and to have been "engaged in mining opera- tions" within the meaning of those words in section eight of the principal Act, if lie was so engaged at any time within twelve months next preceding his examination on which the report to the Minister under that section is, or may have been, based.

Amendment of

s. 9. 3. Section nine of the principal Act is amended as fol-

lows :-

(1) By inserting the words "or after" in subsection (1) after the word "at" in the third line thereof, and inserting in the fourth line thereof after the word "Act" the words "or who was so employed at any time on or after the commence- ment of this Act, and within twelve months next preceding his examination on which the report to the Minister under section eight was based."

1929.] Niner's Phthisits. [No. 39.

(2) By omitting subsections (4e) and (4d), and inserting

in place thereof subsections as follows :—

(4c)

A person whose name is registered, and who is or becomes entitled to receive or has received com- pensation under section seven of "The Workers' Compensation Act, 1912-1924," and actually re- ceives or has received such compensation shall not thereafter have any right to compensation under this Act.

(4d)

If a person whose name is registered dies, and his death is or has been caused by an accident within the meaning of section seven of "The Workers' Compensation Act, 1912-1924," by reason whereof his dependants are entitled to receive compensa- tion under that Act, and actually receives or has received such compensation, such dependants shall not thereafter have any right to compensation under this Act.

(3) By the excision of the words "not less than as pre- scribed" from subsections 4a and 41) of section nine of the principal Act, and by the insertion in lieu thereof the words "in accordance with a scale prescribed by regulations made under this Act, but so that such compensation shall not be less than that provided."

4. A subsection is added to section ten of the principal Act Amendment of

as follows:—

" (2) District inspectors and workmen's inspectors ap- •=1,11„.8 and

pointed under the Nines Regulation Act, 1906, MTZ's

shall be deemed to be persons occupied or engaged

in mining operations within the meaning of this

Act."