Coal Industry Amendment Act 1979

Overview

The Coal Industry Amendment Act 1979 (No. 126 of 1979) was enacted to amend the Coal Industry Act 1946, addressing various issues within the coal industry by updating existing legislation. This Act was passed by the Queen, with the consent of the Senate and the House of Representatives of the Commonwealth of Australia. The principal objective of this legislation is to make necessary amendments to the Coal Industry Act 1946 to ensure its continued relevance and effectiveness in managing the coal industry. The changes introduced in this Act include formal and minor amendments, as well as modifications to salary and allowances for the Chairman and members of the Board, as well as for the Coal Industry Tribunal. Additionally, this Act repeals certain sections of the Principal Act and introduces new provisions to address issues such as absence from duty and leave of absence for tribunal members.

Scope and Application

The Coal Industry Amendment Act 1979No. 126 of 1979 amends the Coal Industry Act 1946 to make several adjustments to the governance and operational structure of the coal industry in Australia. This Act applies to the Board and the Coal Industry Tribunal established under the Coal Industry Act 1946, impacting the remuneration, leave, and absence regulations for these entities. The Act operates within the jurisdiction of the Commonwealth of Australia and aims to refine the administrative and procedural aspects of the coal industry. The Act includes formal and minor amendments to ensure clarity and consistency within the legislative framework, while repealing certain sections and substituting others to adapt to the current legal and operational environment. There are no stated exclusions or exemptions in the Act, and its provisions are directly applicable to the entities and individuals it governs.

Key Provisions

The Coal Industry Amendment Act 1979 makes several key amendments to the Coal Industry Act 1946. Firstly, it repeals Section 4 of the Coal Industry Act 1957 (section 3). Additionally, it repeals Section 8 of the Principal Act and substitutes it with a new section that mandates salary and allowances for the Chairman and other Board members to be determined by an arrangement under Section 5 (section 4). The Act also amends Section 30 of the Principal Act to alter the conditions for absence from duty for members of the Coal Industry Tribunal (section 5). Furthermore, it repeals Section 31 of the Principal Act and replaces it with a new section that governs the payment of salary and allowances to the person appointed to the Tribunal, and it introduces a new Section 31a which provides for leave of absence for Tribunal members (section 6). Lastly, the Act includes a range of formal and minor amendments detailed in the Schedule (section 8). The Coal Industry Amendment Act 1979 imposes several obligations on the parties it governs. It mandates that salary and allowances for the Chairman and members of the Board, as well as for the person appointed to the Tribunal, be determined by arrangements entered into pursuant to specific sections of the Act. It also sets conditions for absence from duty for members of the Coal Industry Tribunal, including deeming certain activities outside paid employment to not constitute absence. Additionally, the Act requires that leave of absence for Tribunal members is granted in accordance with the arrangements made under Section 30. The Act further mandates that certain formal and minor amendments be made to the Principal Act, including changes to references and the substitution of certain sections. The Coal Industry Amendment Act 1979 does not explicitly outline specific offences, penalties, or consequences for breach. However, given the nature of the amendments, any failure to comply with the requirements for salary and allowances, conditions for absence from duty, or leave of absence could potentially lead to legal challenges or disputes. The Act's formal and minor amendments are intended to ensure consistency and clarity in the application of the law, and non-compliance with these could result in procedural issues or misinterpretations of the law. While the Act does not state explicit penalties, breaches of the obligations it imposes could lead to civil or administrative consequences depending on the context and jurisdiction.