Coal Industry (Witness' Allowances) Regulations

Legislation au C1948L00072 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1948. No. 72.

 

REGULATIONS UNDER THE COAL INDUSTRY ACT 1946.*

I, THE PRIME MINISTER of the Commonwealth of Australia, in agreement with the Premier of the State of New South Wales, hereby recommend the making of the following Regulations under the Coal Industry Act 1946.

Dated this twenty-second day of June, 1948.

J. B. CHIFLEY

Prime Minister.

 

I, the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Coal Industry Act 1946.

Dated this twenty-third day of June, 1948.

W. J. McKELL

Governor-General.

By His Excellencys Command,

W. P. ASHLEY

Minister for Shipping and Fuel.

 

Coal Industry (Witnesses’ Allowances) Regulations.

Citation.

1. These Regulations may be cited as the Coal Industry (Witnesses Allowances) Regulations.

Commencement.

2. These Regulations shall be deemed to have come into operation on the twenty-eighth day of May, 1948.

Definitions

3. In these Regulations, unless the contrary intention appears—

Local Coal Authority means a Local Coal Authority appointed under the Coal Industry Act 1946;

the rate payable to first class shiftmenmeans the rate payable from time to time under the appropriate industrial award in relation to the coalmines situated within the Maitland Field to a first class shiftman, and includes war-time loading payable thereunder;

 

* Notified in the Commonwealth Gazette on 25th June. 1948.

4576.—Price 3d.


the Maitland Fieldmeans the district in the State of New South Wales referred to by that description in the appropriate industrial award;

the appropriate industrial award means the award of the appropriate industrial authority in force from time to time in the coal mining industry in the State of New South Wales and binding upon the Federation and the members thereof.

Allowances to witnesses.

4. Any person who attends to give evidence as a witness before the Tribunal or a Local Coal Authority shall, subject to these Regulations, be paid an allowance to reimburse him the amount lost by him in wages or salary during the time necessarily occupied in travelling to and from and attending before the Tribunal or Local Coal Authority.

Amount of allowance.

5. The amount payable to any person under the last preceding regulation shall be an amount calculated at the rate payable for the class of work ordinarily performed by such person, or an amount calculated at the rate payable to first class shiftmen, whichever is the less:

Provided that where a person so attending is employed in the coalmining industry as a contract worker, the amount so payable shall be an amount calculated at the rate payable to workers within that class in respect of payment for annual leave due to that person under the appropriate industrial award in force from time to time.

Travelling allowances.

6. Where a person so attending resides at a distance of more than fifteen miles from the place where the Tribunal or Local Coal Authority hears the evidence and does not ordinarily proceed to a place of employment within fifteen miles from the first mentioned place, he shall be paid an allowance at the rate of fifteen shillings per day of twenty-four hours to cover the expenses incurred by him whilst travelling for the purpose of that attendance.

Expenses of conveyance.

7. In addition to the allowances payable under the last three preceding regulations, the person so attending shall be reimbursed expenses of conveyance reasonably and properly paid by him in travelling to the place where the Tribunal or Local Coal Authority hears the evidence, and in returning therefrom.

Form of application for allowance, &c., and certificate of attendance.

8.—(1.) Any allowance or expenses shall not be paid to any person under these Regulations unless—

(a) he makes an application for such allowance or expenses on a form approved by the Board; and

(b) the Tribunal or Local Coal Authority before whom he attends certifies in writing thereon that the attendance of that person was necessary for the proper consideration of the matter in respect of which that person attended.

(2.) Any form approved by the Board in pursuance of sub-regulation (1.) of this regulation may contain a provision that the person applying for any allowance or expenses under these Regulations shall make a statutory declaration as to any matter or matters affecting the application for such allowance or expenses, and if the application is made on that form no allowance or expenses shall be paid to any person unless he makes the statutory declaration accordingly.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Coal Industry (Witnesses’ Allowances) Regulations 1948 were enacted to provide financial support to witnesses who are required to give evidence in proceedings related to the coal industry. This legislative instrument was made under the Coal Industry Act 1946 and came into operation on 28 May 1948. The primary objective of these regulations is to ensure that witnesses who attend to provide evidence before the Tribunal or a Local Coal Authority receive reimbursement for any wages or salary lost during the time spent travelling to and from the place of attendance, as well as for any expenses incurred while attending. The regulations also provide allowances for travel expenses for those residing more than fifteen miles away from the place of hearing and reimburse reasonable and proper conveyance expenses. The regulations outline the form of application required for these allowances and the necessity for a certificate of attendance from the Tribunal or Local Coal Authority to validate the attendance.

Scope and Application

The Coal Industry (Witnesses' Allowances) Regulations 1948, made under the Coal Industry Act 1946, apply to individuals who provide evidence as witnesses in matters heard by the Coal Industry Tribunal or Local Coal Authorities within the Maitland Field in the State of New South Wales. These regulations aim to reimburse witnesses for lost wages or salary and related expenses incurred during their attendance. The scope of these regulations is geographically confined to the Maitland Field in New South Wales, and they apply specifically to the coal mining industry within this region. The regulations establish allowances based on the rate payable to first class shiftmen or the class of work performed by the witness, whichever is less, and include provisions for additional travel and conveyance expenses if the witness resides more than fifteen miles from the place of hearing. These provisions are subject to the conditions set out in the regulations, including the requirement for approved application forms and certificates of attendance from the relevant authorities. The regulations do not explicitly state any exclusions or exemptions, and their application may be further detailed or extended by subordinate instruments or additional regulations under the Coal Industry Act 1946.

Key Provisions

The Coal Industry (Witnesses’ Allowances) Regulations 1948 (the Regulations) outline provisions for reimbursing witnesses who give evidence before the Tribunal or a Local Coal Authority. These witnesses are to be compensated for lost wages or salary during their attendance, as well as for travel and other expenses incurred. Section 4 states that any person attending as a witness shall be paid an allowance to cover their lost earnings. This allowance is calculated based on the rate for the class of work ordinarily performed by the witness or, for contract workers in the coal mining industry, the rate for annual leave under the appropriate industrial award, whichever is less (Section 5). Additionally, if the witness resides more than fifteen miles from the place of hearing and does not regularly travel to work within fifteen miles of that location, they are entitled to a daily travelling allowance of fifteen shillings (Section 6). Furthermore, the witness is reimbursed for any reasonable and proper expenses incurred in travelling to and from the hearing location (Section 7). The Regulations impose specific obligations on the witnesses to apply for these allowances using an approved form and to have their attendance certified by the Tribunal or Local Coal Authority (Section 8(1)). The approved form may also require a statutory declaration regarding the application for the allowance or expenses. If the form includes such a declaration requirement, the witness must comply with it to be eligible for the reimbursement (Section 8(2)). Failure to adhere to the provisions of these Regulations, such as not applying for the allowance on an approved form or not having the necessary certification of attendance, can result in the witness not being paid the allowance or expenses. This includes not making the required statutory declaration if the form specifies it. Non-compliance with these requirements means that the witness will not receive any reimbursement for lost earnings, travel, or other expenses. The Regulations do not explicitly outline specific penalties for non-compliance but imply that not meeting the stipulated conditions disqualifies the witness from receiving the allowances or expenses.

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