Mines Regulation Act Amendment Act 1983 (No. 2) (Qld)

525 (l^1tEen t tIt ANNO TRICESIMO SECUNDO ELIZABETHAE SECUNDAE REGINAE No. 50 of 1983 An Act to amend the Mines RegulationAct 1964-1983 in certain particulars [ASSENTED TO 15TH D ECEMBER, 1983]

526 Mines Regulation Act Amendment Act (No. 2) 1983, No. 50 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 and citation . (1) This Act may be cited as the Mines Regulation Act Amendment Act 1983 (No. 2). (2) In this Act the Mines Regulation Act1964-1979 as amended by the Mines Regulation Act Amendment Act1983 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Mines Regulation Act1964-1983. 2. Amendment of s. 26 . Failure to comply with an inspector's requisition . Section 26 of the Principal Act is amended by, in subsection (1)- (a) omitting the words " fifty pounds " and substituting the expression " $1000 "; (b) omitting the words " five pounds " and substituting the expression " $100 ". 3. Amendment of s. 59. Regulations and special rules to be exhibited. Section 59 of the Principal Act is amended by, in subsection (2)- (a) omitting the words " fifty pounds " and substituting the expression " $1000 "; (b) omitting the words " five pounds " and substituting the expression " $100 ". 4. Repeal of and new s. 63. Returns . The Principal Act is amended by repealing section 63 and substituting the following section:- " 63. Returns . (1) The Minister may provide for use in respect of all mines or in respect of mines from time to time specified by him by instrument in writing a form of statistical return and may, by instrument in writing, direct as to the manner in which statistical information is to be provided pursuant to this section. Where the Minister- (a) has provided a form of statistical return for use in respect of all or particular mines; or (b) has directed as to the manner in which statistical information is to be provided, a statistical return required by or pursuant to this section to be provided shall be taken to be not duly completed if, being one in respect of a mine for use in respect of which the form is provided, it is not in that form or if information therein, being such as is directed to be provided in a particular manner, is not provided in that manner.

MinesRegulationAct Amendment Act (No. 2) 1983, No. 50 527 (2) Within 30 days after 30 June in each year the owner, authorized representative and manager of a mine shall provide the Minister with a statistical return, duly completed, in respect of that mine relating to mining during the period commencing on 1 July in the preceding year and terminating on 30 June last past. (3) The Minister may, by instrument in writing, direct that the owner, authorized representative or manager of the mine specified therein provide to the Minister a statistical return, duly completed, in respect of that mine- (a) within 30 days after the end of each month, relating to mining during the month last past; (b) within 30 days after the end of September, December, March and June in each year, relating to mining during the preceding three months; or (c) within 30 days after any other time specified in the instrument, relating to mining during a period specified in the instrument. (4) Where mining operations in a mine have commenced after 1 July in any year or have ceased before 30 June in any year the period in relation to which a statistical return is required to be provided in respect of that mine pursuant to the relevant provisions of this section shall be the period that commenced on the date on which those operations commenced or, as the case may be, the period that terminated on the date on which those operations ceased. (5) Upon his being satisfied that a person seeking access to the records of a mine is an officer of the Department of Mines appointed by the Minister, either generally or in a particular case, to check the correctness of statistical returns provided pursuant to this section, the owner, authorized representative and manager of the mine- (a) shall allow that person full and free access to all books of account, documents and other records of the mine and shall produce to that person, upon his request, all such books, documents and records; and (b) shall permit that person to make copies of and extracts from any such books, documents and records. (6) An owner, authorized representative or manager of a mine who- (a) refuses or fails to comply with a provision of this section or with a direction of the Minister applicable to him; or (b) provides to the Minister a statistical return containing information that to his knowledge is false, commits an offence against this Act. (7) A person who obstructs or hinders or attempts to obstruct or hinder another in the discharge of his duties pursuant to an appointment referred to in subsection ( 5) commits an offence against this Act.

528 MinesRegulationAct Amendment Act (No. 2) 1983, No. 50 (8) In proceedings in respect of an offence defined in this section- (a) a certificate purporting to be signed by the Minister that- (i) the Minister has or has not given a direction pursuant to subsection (1) or (3); or (ii) a' statistical return required by this section has or has not been provided in accordance with this section; or (iii) a form of statistical return attached to the certificate is a form provided by the Minister under subsection (1) for use in respect of the mine or mines specified in the certificate, shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein; (b) a document purporting to be certified by the Minister to be a true copy of a direction given by him under subsection (1) or (3) shall be accepted as evidence of that direction as if the document tendered were the original direction.".