Mining Act Amendment Act 1948 (WA)

1948.]

Mining.

[No. 84.

MINING.

12" and 13"' GE:o. VI., No. LXXXINT.

No. 84 of 1948.

AN ACT to amend the Mining Act, 1904-1945.

[Assented to 26/I, January, 1949.]

B E it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the anthority of the same, as follows:—

1. • This Act may be cited as the Mining Act Amend- Rvtt:

inent art, 19Th, and shall be read as one with s4830	. , 1945'
the .Mining Act, 19044945 (Act No. 15 of 1904, as reprinted :with all amendments up to and including the Act No. 56 of 1937, pursuant to the Amendments Incorporation Act, 1938, and as further amended by Act No. 48 of 1943), hereinafter referred to as the principal Act.

No. 84.]

[1948.

Citation of

principal Act

2. The principal Act, as amended by this Act, may

as amended.	be cited as the I\ lining Act, 1904-1948.
Amendment

.01 s.

3. Section one of the principal Act is amended as

follows:

(a)	by inserting after the heading--

PART

SS. 5-9,

the heading

PART I.I.A.—THE COAL MINES ADVISORY

BOARD, SS. 9A-911;

(b)	by inserting at the end of the section a new

heading as follows :—

PART KIII.—RsouLATION OF THE COAL INDUSTRY AND THE DISTRIBUTION OF COAL.

Division 1.—Regulation of the Coal Indus-

try, ss. 313-327.

Division 2—Regulation of the Distribu-

tion of Coal, ss. 328-340.

New Part

HA. inserted

4. A new Part is inserted in the principal Act after

in the twin- Part II., to stand as Part HA., as follows:—

rips! Act.

PART IIA.—THE COAL MINES ADVISORY BOARD.

Definitions.

9A. In this Part, unless the contrary intention

appears

"the Board" means the Coal Mines Advisory Board established by this Part;

"the Chief Coal Mining Engineer" means the person for the time being appointed by the Governor to the office of Chief Coal Mining Engineer and, until a person is so appointed, or during the sickness, absence, or other incapacity of the person so appointed, or during a vacancy in the office, includes any mining engineer employed in the Depart- ment of Mines and for the time being appointed by the Minister to act tem- porarily as the Chief Coal Mining Engineer. A person shall not be eligible for appoint-

1948.]

Mining.

[No. 84.

ment to the office of the Chief Coal Mining Engineer unless he is the holder of a first class colliery manager's certificate of a standard equal to that of New South Wales or the United Kingdom, and has had practical experience in the administration, organisation, development, mechanisation and superintending of a colliery.

9B. (1) For the purposes of this Act, a Board

to be known as the Coal Mines Advisory Board is

hereby established.

Establishment

of Board.

(2) The Board shall consist of three members, as

follows :—

(a)	The Chief Coal Mining Engineer, who shall he the Chairman of the Board.

(b)	person to act as the representative of the persons holding and operating coal mining leases in the State; and

(e) a person to act as the representative of the union or unions to which the majority of the employees for the time being in the coal mining industry owe member- ship.

9C. Each member of the Board shall be appointed by the Governor and shall hold office during the	Appointment
of members
and duration
of office.
pleasure of the Governor.
91). (1) The members of the Board shall respec- tively be entitled to such remuneration in respect of their services as members as shall be prescribed, and such expenses as shall be allowed by the Minister.	Remuneration
of members.
(2) Snch remuneration and allowances shall be charged upon and paid out of the Consolidated Reveime Fund.
Meetings of
9E. (1) The Board shall meet at such times and at such places as may be prescribed.	Board.
(2) Every member of the Board shall be present at each meeting of the Board, and the Chief Coal Mining Engineer shall preside thereat.

No. 84.]

Mining.

[1948.

(3) Subject to the regulations, the Board may regulate its own procedure.

Protection of

A member of the Board shall not be person-

ally liable for any act done in good faith by the

Board or by the member as such.

members.

9F.

Functions of

It shall be the duty of the Board from time to time to tender advice to the Minister as to any matter upon which the Minister desires advice from the Board, or upon which the Board thinks it proper to advise the Minister, and

the Board

9G.

(a)	which affect or may affect the efficient and economical development or working of all or any of the coal mines in the State, or the safety and health of the persons employed therein, but
(b)	which is not an industrial matter as defined in Division 1 of Part XIII. of this Act, or a matter concerning the distribution of coal as provided for in Division 2 of Part XIII. of this Act.

Powers of the

-Board.

91.i. For the purposes of this Act, the Board shall make such inquiries as it shall think fit, or as the Minister may direct, and, when making any such inquiries, the Board and the Chief Coal Mining Engineer, respectively, may enter upon any coal mining lease or any part thereof, and shall have full and free access to inspect the development and working thereof and the provisions made for the safety and health of employees therein.

Amendment

of s. 308.

5. Section three hundred and eight of the principal Act is amended by repealing paragraph (7) and insert- ing in lieu thereof the paragraph following:—

(7) For prescribing the labour, development, working and other conditions not hereinbefore pro- vided for, subject to which any mining tenement or class of mining tenements shall be held, and the

1948.]

Mining.

[No. 84.

condition on which exemption from the performance thereof may be applied for, granted, and obtained, and generally for prescribing the manner in which, the method by which, and with what incidents, rights and obligations any mining tenements or class of mining tenements shall be taken possession of, held, occupied, used, developed, worked, or enjoyed.

New Put

6. A new Part, the respective Divisions of which

XIII.

shall come into operation on a date or dates to be pro- claimed, is inserted in the principal Act after section three hunched and twelve, to stand as Part XIII., as follows

PART XIII.—REGULATION OF THE COAL INDUSTRY AND THE

DISTRIBUTION OF COAL.

Division 1—Regulation of the Coal Industry.

313. In this Division, unless the contrary inten- tion appears

Defini dons.

"industrial dispute" means—.

(a) any dispute as to an industrial

matter; or

(b) any threatened or impending or probable dispute as to any indus- trial matter ;

"industrial matter" means any industrial mat- ter likely to affect the amicable relations of employers and employees in the coal indus- try;

Court" means the Court of Arbitration con- stituted under the Industrial Arbitration Act, 1912-1941;

"Tribunal" means the Western Australian Coal Industry Tribunal constituted in pur- suance of this Division of this Act;

"union" means the union to which the majority of the workers concerned in an industrial dispute or industrial matter owe member- ship.

No. 84.]

Mining.

[1948.

Western

Australian	314. (1.) The Governor may constitute a tribunal which shall be called the Western Australian Coal industry Tribmial, and the members of which shall he appointed by the Governor.
Coal Industry
Tribunal.
Five men:-
bens.	(2) The Tribunal shall consist of five members,. of whom--

(a)	one shall be chairman ;

Two

employees'	(b) two, who shall be referred to as the
representa-

tives.

employees' representatives, shall repre-

sent employees;

Two	two, who shall he referred to as employers'

employers'	(c)
representa-

tives.

representatives, shall represent employ-

ers.

Deputy

Chairman.	(3) At any time the Governor may appoint a Deputy Chairman to act in performing the duties of the Chairman when the Chairman is unable through illness or absence to perform his duties, and the Deputy Chairman, while acting in performing the duties of the Chairman, shall be regarded as the Chairman for the purposes of this Act.
Substitutes
for represen-	(4) Each of the employees' representatives and employers' representatives may appoMt a person as substitute to act in performing his duties in his stead. and while so acting, that person shall be regarded as the representative for the purposes of this Act.
tative
members.

Term of office.

(5)

The term of office of each of the five members

shall be two years.

Eligibility

Each member shall be eligible for re-appoint- ment at the expiration of the term of his office.

for re-

(6)

appointment.

The Governor may appoint a person to fill any vacancy occurring in membership.

Vacancies.

(7)

Removal.

(8) The Governor may remove any member for misbehaviour or incapacity.

Remuneration

and expenses.

(9) : There shall be payable to the Chairman,

Deputy Chairman, and other members of the

1948.]

[No. 84.

Tribunal such remuneration as shall be fixed by the Governor, and such expenses as shall be allowed by the Minister.

(10)	The Chairman and half of the other members Quorum.

of the Tribunal shall constitute a quorum, and when a quorum is constituted the Tribunal may validly function notwithstanding that both employees' repre- sentatives or both employers' representatives shall fail to attend.

(11) If on any question before the Tribunal at ocphiarro's

any meeting, the other members are evenly divided, gfeenvitielr'svillioor:

una»imous.

the opinion of the Chairman shall prevail.

Limitation of

Subject to the Commonwealth of Australia Constitution Act, the powers and functions vested	authority of
Tribunal.
in the Tribunal by this Division of this Act are so vested to the extent to which they are not in excess of the legislative powers of the State, and the exercise of any such powers by the Tribunal shall have effect to the extent to which such legislative powers are not exceeded.

315.

(1) Subject to this section, if, at any time after the commencement of the Mining Act Amend- ment Act, 1948, the National Security (Coal Mining Industry Employment) Regulations of the Common- wealth shall be repealed, shall expire or shall other- wise cease to have effect within the State, every award, order or decision which

316.

(a)	shall have been made or given under the said Regulations of the Commonwealth by the Central Coal Authority, the Cen- tral Reference Board, the Conciliation Commissioner or a Local Reference Board;
(b)	shall have related to the coal mining indus-

try in the State; and

(c)	shall have been in force immediately prior to such repeal, expiry or cessation of effect as aforesaid, as the case may be,

No. 84.]

[1943.

shall, for the purposes of this Act be deemed to have been made under the authority of this Act and to continue in force and to take effect according to its tenor as if expressly authorised by this Act.

Subject to subsection (4) of this section, all parties and persons shall, as from such repeal, expiry or cessation of effect as aforesaid, abide by any such award, order or decision as aforesaid

(2)

unless and until it is altered by the tribunal, and if'

it be altered, shall then abide by it as so altered.

(3)

When an award, order or decision as afore- said is inconsistent with an award, order or decision of the tribunal, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.

(4)	Any award, order or decision referred to in

this section shall be subject to review and determina-

tion by the Court under the provisions of section

three , hundred and twenty-two of this Act.

(5)

(a) This section shall have effect notwith- standing any lapse of time, not exceeding one month, between the date of the repeal, expiry or cessation of effect referred to in subsection (1) of this section,

and the date whereon this section shall be brought

into operation by proclamation under section six of the Mining Act Amendment Act, 1948, and this sec-

tion shall have such retrospective operation as may

lie necessary to give effect to the provisions hereof.

(b) If the lapse of time referred to in the last preceding paragraph shall exceed one month, this section shall have effect notwithstanding: Provided that no person shall be liable to prosecution or punishment for any contravention of the award, order or decision referred to in subsection (1) of this section which occurred during such time.

317. (1) Notwithstanding any of the provisions

of the Industrial Arbitration Act, 1912-1941, or of

1948.]

[No. 84.

any award or industrial agreement made or regis- tered thereunder, the Tribunal, is to have cognisance of

(a) any industrial dispute (as defined in this

Division) not extending beyond the limits

a the State, between the union on the

one hand and employers or association of employers on the other hand referred to it by the union, or the employers or associations, parties thereto, or by the Minister;

(14 any industrial matter arising under any award of the Court, or of the Tribunal relating to the coal mining industry in the State referred to it by the union or the employers or associations affected by the matter, or by the Minister;

(c) any other matter affecting industrial rela- tions in that industry which'the Minister declares is in the public interest proper to be dealt with under this Act.

318. The Tribunal shall consider and determine g,;;;Var

any industrial dispute, industrial matter or other matter of which it has cognisance, and for any such purpose shall have and may exercise the powers hereinafter in this Act provided.

319.

(1) The Chairman may, whenever in his Cr - s. 171 of

No. 57 of

opinion i is desirable for the purpose of preventing Reprinted in

or settling an industrial dispute, summon any Vo/. 2, 1943.

person to attend, at a time and place specified in the

summons, at a conference presided over by himself.

(2) Any person so summoned shall attend the conference and continue his attendance thereat as directed by the Chairman.

Penalty—One hundred pounds.

The conference may be held partly or wholly

in public or in private, at the discretion of the

Chairman.

(3)

No. 84.]

[1948_

(4)	Whenever a conference has been held under

this section, and an agreement has been reached as to the whole or some portion of the matters in dispute, the Chairman shall sign and cause to be filed with the Clerk of the Court a memorandum of the matters upon which an agreement has been reached, and the terms and conditions agreed upon; and unless otherwise ordered, and subject to any direction by the Chairman, such memorandum shall thereupon have the force and effect of an award of the Court, and shall be enforceable accordingly: •

Provided that before any such memorandum is signed all industrial unions and employers that in the opinion of the Chairman may be affected thereby shall be notified, and shall be afforded the oppor- tunity of being heard.

Whenever a conference has been held under this section, and au agreement has been reached as to some of the matters in dispute, but not as to the whole of the matters in dispute, the Chairman may refer to the Tribunal the matters in dispute as to which no agreement has been reached, and the Tribunal shall have jurisdiction to hear and deter- mine such matters so referred to it, and may incor- porate in its award all matters as to which an agreement was reached at the conference, and the award shall be enforceable accordingly.

(5)

Whenever a conference has been held under this section and no agreement has been reached, the Chairman may refer to the Tribunal all or any of the matters in dispute, and the Tribunal shall have jurisdiction to hear and determine the same.

(6)

Tribunal to

net according

320. (1) The Tribunal shall act according to

to equity, etc.	equity, good conscience and the substantial merits of the case, without regard to technicalities or legal forms, and shall not be bound by any rules of evidence, but may inform its mind on any matter in such manner as it thinks just.
(2) The Tribunal may make its own rules of procedure.
Representa-

tion of parties

(3)

On the hearing, determination or decision of

at hearing.

any industrial dispute, industrial matter, or other

1948.]

[No. 84.

matter by the Tribunal or a board of reference, hereinafter referred to, as the ease may be, under this Act, an organisation may be represented by a member or officer of the organisation, and any party not being an organisation may be represented by an employee of that party, but no party shall (except

by leave of the Tribunal or a board of reference,

as the case may be) be represented by counsel or

solicitor or paid agent.

(4) Pending a determination or decision of any industrial dispute or industrial matter by the Tribunal or a board of reference, the Chairman of the Tribunal, on the application of any party inter- ested in such dispute or matter may by order direct that the conditions or situation out of which such industrial dispute or industrial matter arose shall not be altered pending such decision or deter- mination.

Boards of

321.(1) The Tribunal may at any time—

Reference. Cf. o. GB of

(a) remit to a board of reference for inquiry -

i;57 of

and report, with or without directions, 1e0C.21,ntiV4T

any industrial dispute, industrial matter or other matter of which it has cognisance and which the Tribunal considers is desirable to have included in any refer- ence for investigation and upon which the Tribunal desires information for the purpose of making an award; and the Tribunal may, but shall not be obliged to accept, any conclusion arrived at or any recommendation made by the board of reference, and all persons concerned in those conclusions and recommendations shall be entitled to be heard before the Tribunal;

( b) remit to a board of reference, with or with- out directions for determination and award, any industrial dispute, industrial matter, or other matter of which it has cognisance, whereupon the board of refer- ence shall have power to determine the industrial dispute, industrial matter or other matter and make an award therein.

No. 84.]

Hitting.

[1948.

Ic) Any remission made under the preceding paragraphs of this subsection may be withdrawn by the Tribunal at any time, whether the board of reference has concluded its work or otherwise.

(2) The Tribunal may at any time itself conduct any investigation, inquiry, or proceeding which has been remitted to a board of reference under this Act and upon intimation of its intention to do so being given to the chairman of the board of reference the chairman of the board of reference shall forward to the Chairman of the Tribunal a copy of the evidence taken before the board of reference and the exhibits therein referred to, and upon that intimation being given, the jurisdiction of the board of reference to continue the investigation, inquiry, or proceeding shall cease:

Provided that the Tribunal may at any time again remit to the board of reference any matter arising in the investigation or inquiry for report and upon that remission the jurisdiction of the , board of reference to inquire into and report upon the matter shall revive.

Board, of

Reference.

322. (1) For the purposes of this Division of this Act, the Tribunal may appoint hoards of reference.

(2) Each board of reference shall consist of a

chairman, who shall be nominated by the Minister, and two representative members or their deputies, nominated by the employer concerned as to one, and by the union as to one, and notice of the nomination of any deputy shall be given to the Tribunal and to the employer concerned by the union or by the employer concerned to the union, as the case may be.

The board of reference shall hold its meetings

in private unless the two representative members

or the chairman decide otherwise.

(3)

(4) A majority of the members of a board of reference, one of which majority shall be the chair- man, shall constitute a quorum, and when a quorum is present the board may validly function, notwith- standing that one representative member is absent.

1948.]

[No. 84.

(5) A. board of reference shall meet at such times and places and may adjourn a meeting from time to time and place to place as shall be agreed upon by the chairman and representative members, but failing agreement, as the chairman may determine.

(6) If, on any question before the board of reference, the chairman and representative members are not unanimous, the opinion of the chairman shall prevail. The decision shall be signed and dated by the chairman and a copy thereof shall be sent to all parties concerned and to the Tribunal.

(7) The decision of a board of reference may be reviewed and altered by the Tribunal on the application of the union or the employer concerned, as the case may be, if

(a)	notice of the application is given by the union or the employer concerned, as the case may be, to the chairman of the board of reference and to the other party con- cerned within seven days of the date of the decision, or such further period of time as the Tribunal may allow; and
(b)	the application is lodged with the Tribunal within fourteen days of the date of the decision, or such further period as the Tribunal may allow.

(8) All parties and persons shall abide by the decision of a board of reference, unless and until it is altered by the Tribunal, and if it be altered, shall then abide by it as so altered.

(9) Subject to the provisions of this section, when in regard to any industrial dispute or indus- trial matter, or other matter of which the Tribunal has cognisance

(a)	an award or order is made by the Tribunal or a board of reference; or

(b) an agreement as to the whole or part thereof is entered into by the parties corn cerned,

No. 34.1

)1291!7.-

[1943.

the award, order, or agreement shall be binding on the parties concerned and shall be filed in the Court and shall be enforceable as an award or order of the Court.

Review by

323.

(1) The President, on the application of any party to the reference within one calendar month of any decision, may permit any decision or settlement given or effected by the Tribunal to be reviewed by the Court, and, pending such review, may by order stay the operation of the decision or settlement.

Court.

(2) On any such review, the Court may rehear the whole or any part of the industrial dispute or matter in respect of which the decision or settle- ment was given or effected, and determine the same.

Except as provided by the next preceding section of this Act, an award, order, or determina- tion of the Tribunal under this Act shall not be challenged, appealed against, quashed, or called into question, or be subject to prohibition, mandamus or injunction in any Court on any account whatever.

Awards, etc.,

not to be

324.

'challenged or

questioned.

Awards of	325.	During the currency of an award or order
Tribunal

inconsistent	made by the Tribunal under this Act, 11() award or
wi th award
of industrial	order made by the Court or by any Tribunal having
authority.	jurisdiction in industrial matters in the coal mining industry dealing with the same subject-matter and inconsistent with the award or order made by the Tribunal (except an award, order, or decision made under this Division of this Act), shall be effective.
'Witnesses.

(1) Allowances payable to persons attend- ing under this Act as witnesses before the Tribunal and the fees and travelling expenses payable to the chairman and representative members of boards of reference shall be as prescribed by regulations.

326.

(2) In the making of regulations for the purposes of this section, provision shall be made for compen- sation for loss of wages incurred by witnesses by reason of their attendance as such.

1944.]

[No. 84.

327. The Governor may make regulations not Regulations.

inconsistent with this Division of this Act prescrib- ing all matters which by this Division are required or permitted to be prescribed, or which are neces- sary or convenient to be prescribed in relation to any matter within the powers and functions vested by this Division in the Minister or in the Tribunal, and generally for regulating and carrying into effect any action taken by the Minister or the Tribunal in the exercise of any such power or function.

Division 2—Regulation of the Distribution of Coal.

Interpreta-

233. in this Division, unless the contrary inten-

tion.

Cf. CmIth.

tion appears

No. 1 of 1944,

a. 5.

"coal" includes coke;

"distribution" in relation to coal includes sale,

gift, delivery and disposal;

"Minister" means the Minister for Mines or other Minister of the Crown for the time being charged with the administration of this Act;

"owner," in relation to a coal mine, includes every person who has or is entitled to any estate or interest in possession in the coal mine, or who is in actual possession or occupation or control of the coal mine, or of any part thereof, or who is working the coal mine as a licensee or contractor, but does not include a person by reason only of the fact that he is in receipt of a royalty, fine, or rent arising from the coal mine, or from the winning of coal therefrom, or that he is entitled to an estate or interest in the land whereon the mine is situated, which is subject to a reservation or excep- tion of the coal therein, or of minerals including coal, or which for some other reason carries no interest in or right to win that coal or those minerals;

"the Committee" means the Coal Committee

constituted under this Act.

No. 84.]

[1948.

Constitution

of Coal Com-	329. (1) For the purposes of this Division of
mittee.

Cf. Cmlth.	this Act, the Minister may constitute a Coal Com-
No. 1 of 1944,
s. 15.	mittee consisting of such number of persons as the Minister determines, and may appoint persons to be members of the Committee.

The Minister may appoint one of the mem- bers to be the Chairman of the Committee.

(2)

The Committee shall meet at such times and at such places within the State as the Committee or its Chairman shall from time to time•determine.

(3)

At any meeting of the Committee, a majority of the members thereof shall form a quorum.

(4)

(5)	The Committee may regulate its own proce-

dure.

.Funetion and

powers of the	330. (1) Subject to the Minister, the Conunittee
Cf. CmIth.

Committee.	is charged with the regulation and control of the
No. 1 of 1944.	distribution of coal within the State.

Subject to this Division of this Act, the Committee is empowered to take such action as it considers necessary or desirable to ensure that coal produced in or imported into the State is distri- buted in such manner, quantities and qualities as are calculated best to serve the public interest and to secure the economical use of coal and the maintenance of essential services and industrial activities.

(2)

(3) Without limiting the generality of the fore- going, the Committee, for the purposes of this Division of this Act, and subject to the Minister, is empowered

(a)

to make and give any order, direction or

requirement regulating or controlling

the distribution of coal within the State;

(b)

to require any person to receive coal, and to hold it at the disposition and subject to the direction of the Committee; '

(c)

to direct any owner of coal or other person to carry, convey, deliver or discharge coal from, to, or at any place or ship, or from or to any person;

1948.]

Mining.

[No. 84.

(d)

to direct the time within which and the

manner in which any such order, require-

ment or direction shall be complied with;

(e) to specify the coal, or the quantity or

quality of the coal the subject of any

such order, requirement, or direction;

(f)	to provide as far as practicable that the distribution of coal shall enable Govern- mental, industrial and other consumers to meet their requirements by the use of Western Australian coal;
(g)	to require the keeping and production of accounts, books and records, and the compilation and furnishing of returns and other information in such form and relating to such matters as may be specified in the requirement;

(h) to avoid, vary, suspend, or renew any contract relating to or affecting the

distribution of coal;

Cf. ibid..

(i)

to revoke or vary any order, direction, or

requirement under this Division of this

Act.

s. 58.

Subject to the Commonwealth of Australia Constitution Act, the powers and functions vested	Limitation of
authority of
the commit
tee.
in the Committee by this Division of this Act are so vested to the extent to which they are not in excess of the legislative powers of the State, and the
exercise of any such powers by the Committee shall
have effect to the extent to which such legislative powers are not -exceeded.

331.

(1) The Committee may require any owner of a coal mine, or any person owning or having in	Order to
supply coal.
Ibid., s. 48.
his possession or under his control any coal, to supply to such person as is named in the require-
ment, such quantity of coal, of such quality, and
within such period of time, as is specified in the requirement.
(2) Upon service or notification of a requirement under the last preceding subsection, the owner of
a coal mine affected by the requirement or the

332.

No. 84.]

Mining.

[1948.

person owning or having in his possession or under his control any coal shall take proper measures to ensure that the supply of the coal specified in the requirement is given priority to any other order.

(3) The period of time specified in the require- ment shall be a period of time within which, in the opinion of the Committee, it is possible for the coal to be delivered, having regard to all the rele- vant' circumstances, and the requirement may provide that the obligation to comply therewith, within the period specified, shall be conditional upon the happening or continuance of circumstances specified in the requirement.

Order to ac-

The Committee may, or its Chairman, with the approval of a majority of the members of the Committee, may, by order, require any consumer of coal to accept delivery of coal of such a quality or nature as is specified in the requirement.

cept delivery

333.

of coat.

s.49.

Returns to be

The Committee may, or its Chairman, with the approval of a majority of the members of the Committee, may, by order, require any person being an owner, consumer, distributor, or trans- porter of coal, to furnish as and when required to the Committee at the address specified in the requirement, particulars in relation to

furnished.

Ibid., s. 51.

334.

(a) the quantity and nature of coal in his possession and the name and address of the person from whom, and the manner in which, it was obtained;

(b) the place at which the coal is stored;

during a period specified in the order;

(d) the quantity of coal likely to be required

by him-

(i) weekly for consumption; and

(ii) to establish three months' stocks;

and

(e) such other particulars as are specified in

the requirement.

1948.]

I No. 84.

335. Any person thereto authorised in writing ,;,?,,

elsset:,

by the Minister shall, for the purposes of this '119,;',/k.s,:::i access to all coal mines and to all buildings, places, books, documents, and other papers in connection with any coal mine, and for those purposes may make extracts from or copies of any such books, documents and papers.

336. (1) Where any order, direction, or require- ZITI;,egr,?,!",..

ment by or under this Division of this Act is I'd- s. 53.

published in the Gazette, the order, direction, or

requirement shall be deemed to have been suffi- ciently served upon, or brought to the notice of all persons concerned or affected thereby.

(2) Any order, direction, or requirement under this Division of this Act may be made so as to apply to any particular person and may be served upon that person by delivering a copy thereof to him by hand or by sending it to him by registered post, or in the case of a direction or requirement may be given orally or by telegram.

Persons to

A person who is affected by any order, direc- tion, or requirement made or given, or deemed to be	comply with orders, etc.,
Ibid., s. 54.
made or given under this Act by the Committee or by its Chairman, or who falls within the intended application or operation of any such order, direction or requirement, shall observe and comply with the order, direction, or requirement or shall cause it to be observed and complied with.

337.

(1) Where any person fails, wholly or in part, to comply with any order, direction, or require-	Power of Commissioner
work.
to perform
ment, the Committee may, by its officers, employees,	Ibid., s. 55.
or agents, do all things which that person by his failure has omitted to do.
(2) Anything done by the Committee in pursuance of this section shall, so far as necessary, be deemed to have been duly authorised by the person who failed to comply with the order, direction or requirement.

338.

No. 84.]

[1948.

(3) The Committee may in the name of its Chair-

man, recover, in any Court of competent jurisdiction, as a debt due to the Committee, from the person who so failed to comply with the order, direction, or requirement, the cost incurred by it in doing any- thing in pursuance of this section.

Offences.

Ibid., s 56.

339. (1) Any person who contravenes, or fails

to comply with any provision of this Act, shall be guilty of an offence against this Division of this Act.

(2) Subject to the regulations, the punishment for an offence against this Division of tins Act shall be a fine not exceeding one hundred pounds or imprisonment for a term not exceeding six months, or both.

Regulations.

Ibid.

, s. 5 7 .

340. The Governor may make .regulations not

inconsistent with this Division of this Act prescrib- ing all matters which are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Division of this Act, and in particular for pre- scribing matters providing for or in relation to

(a)	the payment of fees or allowances to the members of the committee established under this Act; and
(b)	penalties, not exceeding the penalties speci- fied in section three hundred and thirty- eight of tins Act, for offences against this Division of this Act, or the regulations and for the recovery of those penalties.

Duration of

Act.	341. This Division of this Act shall continue in

Ibid., s. 62.

operation until a date to be fixed by proclamation.

and shall be deemed to be repealed on that date.