COAL PRODUCTION (WAR-TIME).
No. 1 of 1944.
An Act to secure increased Production of Coal, and to provide for Distribution of Coal, in the interests of the Defence of the Commonwealth and the effectual Prosecution of the present War, and for other purposes.
[Assented to 8th March, 1944.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Part I.—Preliminary.
Short title.
1. This Act may be cited as the Coal Production (War-time) Act 1944.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Objects.
3. The objects of this Act are to secure that, for the purpose of aiding the defence of the Commonwealth and the effectual prosecution of the present war, the production of coal in Australia is increased and adequate supplies of coal are provided not only in those places supplied by local production but also in every place in Australia where coal is required and for the use of the Powers allied with His Majesty in the present war, and to that end to set up an authority
to govern and direct the production, treatment, handling, supply, distribution, marketing and consumption of coal, and this Act shall be administered accordingly.
Parts.
4. This Act is divided into Parts, as follows:—
Part I.—Preliminary.
Part II.—Administration.
Part III.—Powers and Functions of Commissioner.
Part IV.—Control of Coal Mines.
Division 1.—Power of Commissioner to take Control of Coal Mines.
Division 2.—Service in Controlled Mines.
Part V.—Industrial Matters.
Division 1..—Central Industrial Authority.
Division 2.—Local Industrial Authorities.
Division 3.—Production Committees.
Division 4.—General.
Part VI.—Miscellaneous.
Definitions.
5. In this Act, unless the contrary intention appears—
“authorized controller”, in relation to any coal mine, means a person authorized under section twenty-one of this Act to exercise functions of control with respect to that mine;
“coal” includes coke;
“controlled mine” means a coal mine in respect of which an authorized controller is exercising functions of control;
“industrial dispute” means—
(a) any dispute as to industrial matters in relation to the wages, rates of pay or terms or conditions of employment of members of the Federation in the Coal Mining Industry (other than members of the Federation excepted by the Commissioner by order); or
(b) any threatened or impending or probable dispute as to any such industrial matter;
“owner”, in relation to a coal mine, includes every person who is entitled to any estate or interest in possession in the coal mine or who is in actual possession or occupation or control of the coal mine or of any part of it or who is working the coal mine as a licensee or contractor, but does not include a person by reason only of the fact that he is in receipt of a royalty, rent or fine arising from the coal mine or from the…
Overview
The Coal Production (War-Time) Act 1944 was enacted by the Commonwealth of Australia to address the urgent need to increase coal production and ensure adequate supplies for the war effort and allied forces. The Act was introduced in response to the critical demand for coal during World War II, aimed at maximising production and regulating the distribution of coal across Australia. The enacting body was the Commonwealth Parliament, and the primary policy objective was to facilitate the efficient production and distribution of coal to support the war. This legislation established a comprehensive framework for the centralised control and management of the coal industry, including the appointment of a Commonwealth Coal Commissioner with extensive powers to regulate production, distribution, and industrial relations within the coal mining sector.
Scope and Application
The Coal Production (War-time) Act 1944 applies to the production, treatment, handling, supply, distribution, storage, marketing, and consumption of coal in Australia. The Act is enacted to ensure increased coal production and adequate supplies for the defence of the Commonwealth and the prosecution of the war. The Act applies to coal mines, coal mine owners, coal mine operators, and workers in the coal mining industry across Australia. The Act is administered by the Commonwealth Coal Commissioner, who is appointed by the Governor-General and is responsible for regulating and controlling the coal industry. The Commissioner has extensive powers to regulate coal production, distribution, and consumption, including the power to control coal mines, fix prices, and set up a compulsory disposal system for coal. The Act also establishes Coal Production Councils and Coal Committees to advise the Commissioner and control the distribution of coal in specific states. The Act includes provisions for the resolution of industrial disputes and the establishment of Production Committees at coal mines. The Act provides for compensation for coal mine owners and workers affected by the control of coal mines and the requisition of coal and equipment. The Act also includes provisions for the protection of lessees under Crown leases and the acquisition of land for the purpose of opening or re-opening coal mines. The Act applies to the whole of Australia and is in operation until a date to be fixed by proclamation, but in any event not longer than six months after His Majesty ceases to be engaged in the present war. The Act may be extended through subordinate instruments, such as regulations made by the Governor-General.
Key Provisions
- The Coal Production (War-time) Act 1944, enacted to address the urgent needs of Australia and its allies during wartime, is structured into several key parts, each delineating specific provisions and authorities. The primary objective of this legislation is to ensure the increased production and adequate distribution of coal for war efforts, overseen by the Commonwealth Coal Commissioner. The Commissioner, appointed by the Governor-General, is vested with extensive powers to regulate and control coal production, treatment, handling, supply, distribution, storage, marketing, and consumption across Australia. This includes the authority to control coal mines, fix coal prices, require information from coal mine owners, and establish systems for coal distribution and marketing. Additionally, the Commissioner can acquire or requisition coal and equipment, establish coal reserves and pools, and make provisions for their distribution.
- The Act imposes significant obligations on coal mine owners and employees, requiring them to comply with Commissioner directives and, in some cases, operate under the Commissioner’s control. It also mandates the payment of compensation for any coal or equipment acquired or requisitioned by the Commonwealth. Furthermore, the legislation establishes a framework for industrial relations within the coal mining industry, including the appointment of Central and Local Industrial Authorities to handle disputes and enforce awards and agreements. These authorities are empowered to make binding decisions on industrial matters, which are not subject to court challenge.
- In terms of enforcement and penalties, the Act stipulates that any contravention of its provisions constitutes an offence, punishable by a fine not exceeding £100, imprisonment for up to six months, or both. The Act also includes provisions for the Commissioner to direct individuals not to be employed in the coal-mining industry, with such directions being enforceable by law. The Act is designed to remain in force for the duration of the war and for a limited period thereafter, with specific provisions for the continuation of certain rights and obligations beyond its general expiration.
- The legislation is comprehensive, aiming to streamline coal production and distribution for the war effort, while also providing mechanisms for dispute resolution and the protection of workers' rights within the coal mining industry. Through these measures, the Act seeks to ensure the efficient and effective use of coal resources in support of Australia's war-time needs.
- Area of Law
- Industrial Law
- Administrative Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Enforcement Powers
- Regulatory Standards
- Industrial Disputes & Arbitration
- Control of Economic Activities
