States Grants (Coal Mining Industry Long Service Leave) Act 1949 (Cth)
This compilation was prepared on 18 October 2000
taking into account amendments up to Act No. 63 of 1992
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
This Act may be cited as the
States Grants (Coal Mining Industry Long Service Leave) Act 1949 .
In this Act,
the Fund means the Coal Mining Industry Long Service Leave Fund established by this Act.
(1) For the purposes of this Act there shall be a fund, to be known as the Coal Mining Industry Long Service Leave Fund.
(2) The Fund shall be a Trust Account within the meaning of section 62A of the
Audit Act 1901 .(3) There shall be paid into the Fund:
(a) amounts equal to the amounts from time to time raised on duties excise on coal; and
(b) such amounts as are received by the Commonwealth from any State for the purposes of this Act.
(4) The Consolidated Revenue Fund is, to the extent necessary to make any payment out of that fund to the Coal Mining Industry Long Service Leave Fund under subsection (3), appropriated accordingly.
(5) There shall be paid out of the Fund:
(a) the amounts of financial assistance payable to the States under this Act; and
(b) advance payable under section 6; and
(c) amounts payable into the Consoldiated Revenue Fund under section 7.
(6) Income derived from the investment of moneys standing to the credit of the Fund forms part of the Fund.
Where an agreement has been made between the Commonwealth and a State for the purpose of reimbursing the State for the expenditure incurred by the State in the reimbursement of amounts paid by employers in the coal mining industry in respect of long service leave granted, under any industrial award, to employees in that industry, there shall be payable to the State, in accordance with the agreement, such amounts as the Minister from time to time determines.
(1) Where a State has notified the Commonwealth that, in determining the entitlement of State coal mine employees in that State to long service leave, a period of employment in the coal mining industry in the service of an employer bound by an industrial award providing for long service leave will be treated as service as a State coal mine employee, there are payable to the State, in respect of expenditure incurred, or to be incurred, by the State by reason of such periods of employment being so treated, such amounts as the Minister from time to time determines.
(2) In this section:
State coal mine means a coal mine owned by a State or by an authority constituted by an Act of the Parliament of a State.State coal mine employee means a person employed in or in connexion with a State coal mine.
The Minister may make advances to a State on account of amounts expected to be payable to a State under this Act.
There are payable out of the Fund into the Consolidated Revenue Fund, at such times as are prescribed, amounts determined under the regulations as representing the expenses incurred by the Commonwealth in administering this Act.
The Governor‑General may make regulations, not inconsistent with this Act prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
The
Act | Number and year | Date of Assent | Date of commencement | Application, saving or transitional provisions |
80, 1949 | 28 Oct 1949 | 25 Nov 1949 | ||
1, 1950 | 28 June 1950 | 26 July 1950 | — | |
54, 1956 | 30 June 1956 | 28 July 1956 | — | |
20, 1961 | 19 May 1961 | 1 June 1961 | — | |
77, 1968 | 31 Oct 1968 | 1 Nov 1968 | — | |
137, 1977 | 10 Nov 1977 | 17 Aug 1977 | — | |
25, 1982 | 6 May 1982 | 6 May 1982 | — | |
108, 1990 | 18 Dec 1990 | Ss. 8, 13 and 21: 1 Feb 1991 ( Ss. 22‑24: 1 Mar 1989 S. 26: 1 Jan 1990
S. 33: 25 Mar 1991 ( Remainder: Royal Assent | — | |
63, 1992 | 26 June 1992 | S. 3: 26 June 1993 Remainder: Royal Assent | — |
am. = amended rep. = repealed rs. = repealed and substituted | |
Provision affected | How affected |
Title........................................... | am. No. 20, 1961 |
S. 3........................................... |
|
S. 4........................................... | am. No. 1, 1950; No. 108, 1990 |
S. 5........................................... | ad. No. 54, 1956 |
am. No. 108, 1990 | |
S. 6........................................... | ad. No. 20, 1961 |
am. No. 77, 1968 | |
rs. No. 108, 1990 | |
Ss. 7, 8..................................... | ad. No. 108, 1990 |
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