Coal Industry Legislation Amendment Act 1992

Overview

The Coal Industry Legislation Amendment Act 1992 is an Act enacted by the Parliament of Australia to make amendments to the Coal Industry Act 1946 and the Industrial Relations Act 1988. The Act was designed to address issues related to the provision of administrative support for the Coal Industry Tribunal and Local Coal Authorities, and to establish a framework for the audit of the Joint Coal Board. The primary policy objective of this legislation is to streamline administrative functions and enhance the financial oversight of the Joint Coal Board, thereby ensuring more efficient and transparent governance within the coal industry. The Act was assented to on 24 December 1992 and includes specific commencement provisions to ensure its provisions are implemented within a specified timeframe.

Scope and Application

The Coal Industry Legislation Amendment Act 1992 is an Act of the Parliament of Australia that amends the Coal Industry Act 1946 and the Industrial Relations Act 1988 to address administrative and auditing provisions within the coal industry. The Act applies to entities involved in the coal industry, specifically the Joint Coal Board and the Industrial Registry, with amendments to the Coal Industry Act 1946 and Industrial Relations Act 1988 affecting their functions and powers. Geographically, the Act operates within the Commonwealth jurisdiction, specifically addressing the legislative framework for the coal industry at a national level. The Act includes provisions that may extend or restrict application through subordinate instruments, such as the regulations and orders that can be made under the amended Acts. Notably, the Act does not specify any exclusions, exemptions, or thresholds but rather focuses on the conferral of administrative support functions and the auditing of financial transactions within the coal industry.

Key Provisions

The Coal Industry Legislation Amendment Act 1992 (No. 212 of 1992) makes several key amendments to the Coal Industry Act 1946 and the Industrial Relations Act 1988. Specifically, section 3 of the Act (Schedule 1) alters the provision of administrative support for the Coal Industry Tribunal and Local Coal Authorities. It confers the administrative support function on the Industrial Registry (section 78C) and allows the Industrial Registrar and Deputy Industrial Registrars to perform these functions to the extent of Commonwealth legislative power (section 78C(3)). If the Coal Industry Act 1946 contains complementary provisions, the Industrial Registry can also perform these functions to the extent of State legislative power (section 78D). The Act also mandates that in managing the resources of the Industrial Registry, the Industrial Registrar must consider the needs of the Tribunal and Local Coal Authorities (section 78E). The Act imposes several obligations on the Industrial Registry and its officers. Under section 78C, the Industrial Registrar is required to perform the administrative support function and has the necessary powers to do so. Similarly, Deputy Industrial Registrars must perform the same function and have the necessary powers, subject to the directions of the Industrial Registrar (section 78C(3)). Furthermore, when managing the resources of the Industrial Registry, the Industrial Registrar must take into account the needs of the Tribunal and Local Coal Authorities (section 78E). The Coal Industry Legislation Amendment Act 1992 also introduces amendments related to the audit of the Joint Coal Board (Schedule 2). Specifically, it requires the Board to submit its financial statements to the Auditor-General before submitting the annual report to the Commonwealth and State Ministers (subsection 28N(4)). The Auditor-General must then report to the Ministers whether the financial statements are based on proper accounts, are in agreement with the accounts and records, and fairly represent the financial transactions and state of affairs of the Board (subsection 28N(3)(a)-(d)). The Commonwealth Minister is then required to lay the Auditor-General's report before each House of Parliament within 21 sitting days of that House after receiving it (subsection 28N(5)). There are no explicit offences, penalties, or civil/criminal consequences outlined in the Act for breaches of its provisions. However, failure to comply with the requirements of the administrative support function or the audit process could potentially lead to legal challenges or administrative actions under the existing legislative frameworks of the Coal Industry Act 1946 and the Industrial Relations Act 1988. The penalties for such breaches would depend on the specific nature of the non-compliance and the applicable laws at the time.