Coal Industry Act 1955

Overview

The Coal Industry Act 1955 was enacted to address the specific need for the establishment of the Coal Industry Tribunal, which was aimed at resolving disputes and overseeing the regulation of the coal industry. This Act was passed by the Parliament of Australia, with the assent of Queen Elizabeth II, and it came into operation on a date to be specified by proclamation. A notable provision of the Act involves the appointment of Francis Heath Gallagher as the person constituting the Coal Industry Tribunal, clarifying that his prior or concurrent role as a member of the Industrial Commission of the State of New South Wales does not constitute paid employment outside his duties as the Tribunal member. This ensures continuity in his role without conflict of interest or absence from his Tribunal duties.

Scope and Application

The Coal Industry Act 1955 pertains specifically to the establishment and functions of the Coal Industry Tribunal, ensuring that it operates independently from other employment roles. This legislation applies to the appointment of Francis Heath Gallagher as the sole person constituting the Coal Industry Tribunal, and it clarifies that his concurrent role as a member of the Industrial Commission of the State of New South Wales does not constitute paid employment outside his duties with the Tribunal. The Act also stipulates that any days Gallagher performs duties for the Industrial Commission should not be considered as days absent from his Tribunal responsibilities. Geographically, the Act is applicable within the Commonwealth of Australia, but it particularly references New South Wales in its provisions. There are no explicit exclusions, exemptions, or thresholds mentioned within the provided excerpt of the Act, but the application of the Act may be extended or restricted through subordinate instruments as necessary to ensure the proper functioning of the Coal Industry Tribunal.

Key Provisions

The Coal Industry Act 1955 (C1955A00053) establishes the Coal Industry Tribunal and addresses specific provisions related to the appointment of Francis Heath Gallagher as its member. Section 1 provides that the Act may be cited as the Coal Industry Act 1955, while Section 2 states that the Act will come into operation on a date determined by proclamation. Section 3 addresses the appointment of Francis Heath Gallagher, clarifying that his role as a member of the Industrial Commission of the State of New South Wales does not constitute paid employment outside his duties as the Coal Industry Tribunal member, and that any days he serves on the Industrial Commission do not count as days absent from his tribunal duties. Under this Act, certain obligations and requirements are imposed on the parties it governs. Notably, Section 3 explicitly states that Gallagher’s service on the Industrial Commission of New South Wales does not interfere with his obligations to the Coal Industry Tribunal. This means that Gallagher is expected to perform his duties for both positions concurrently without any conflict of interest or absence from his tribunal responsibilities. The Act does not explicitly detail offences, penalties, or consequences for breach within the provided text. However, given its nature and the context of legal statutes, it is likely that any breaches of the obligations or requirements set forth could lead to legal actions, including potential civil or administrative penalties. The specifics of such penalties would typically be outlined in other sections or related legislation, but they are not provided within the scope of this excerpt.