COAL PRODUCTION (WAR-TIME) ACT REPEAL.
No. 80 of 1948.
An Act to provide for the repeal of the Coal Production (War-time) Act 1944, for the Collection of Statistics in respect of Coal, and for other purposes.
[Assented to 17th December, 1948.]
[Date of commencement, 14th January, 1949.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title.
1. This Act may be cited as the Coal Production (War-time) Act Repeal Act 1948.
Repeal of section 62 of Coal Production (War-time) Act 1944.
2. Section sixty-two of the Coal Production (War-time) Act 1944 is repealed.
Definitions.
3. In this Act, unless the contrary intention appears—
“the Board” means the Joint Coal Board constituted in pursuance of the Coal Industry Act 1946;
“the Commissioner” means the Commonwealth Coal Commissioner appointed under the Coal Production (War-time) Act 1944.
Duration of Coal Production (War-time) Act 1944.
4. The Governor-General may from time to time, by Proclamation, declare that on a date specified in the Proclamation the Coal Production (War-time) Act 1944 shall cease to be in operation in a State named in the Proclamation and thereupon that Act shall be deemed to be repealed on the date so specified in respect of its operation in that State.
Property of Commonwealth Coal Commissioner to vest in the Commonwealth.
5.—(1.) Any property in any State (other than the State of New South Wales) named in a Proclamation under the last preceding section which, immediately prior to the date specified in the Proclamation, was vested in the Commonwealth Coal Commissioner under the Coal Production (War-time) Act 1944 shall, on the date so specified, become vested in the Commonwealth.
(2.) In any contract subsisting immediately prior to the date specified in a Proclamation under the last preceding section to which the Commissioner is a party and which is to be or is being carried out in the State named in the Proclamation, any reference to the Commissioner shall, as on and from that date, be deemed to be a reference to the Commonwealth and any right, power, obligation or liability arising under the contract shall be vested in or imposed upon the Commonwealth.
Collection of statistics in relation to coal.
6.—(1.) The Board may collect statistics relating to the production, distribution and use of coal, and for that purpose, may require persons to furnish to it such statistical returns and information relating to those matters as are prescribed.
(2.) A requirement under the last preceding sub-section may be made by publication in the Gazette or by service personally or by registered post upon the persons to whom the requirement is addressed.
(3.) Any person who, without reasonable cause, refuses or fails to furnish any return or information required of him under this section shall be guilty of an offence.
Penalty: Fifty pounds.
Regulations.
7. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act.
Overview
The Coal Production (War-time) Act Repeal Act 1948 was enacted to repeal the Coal Production (War-time) Act 1944, which had been introduced during the Second World War to manage coal production across Australia, and to address the collection of coal-related statistics. This Act was passed by the Parliament of the Commonwealth of Australia and commenced on 14 January 1949. The main objective of this Act was to formally end the wartime measures concerning coal production and to establish a framework for the collection of coal statistics to aid in future policy making and economic planning.
The Act allowed for the cessation of the Coal Production (War-time) Act 1944 in specific states by proclamation and required the transfer of property and obligations of the Commonwealth Coal Commissioner to the Commonwealth. Additionally, it authorised the Joint Coal Board to collect statistics on coal production, distribution, and use, thereby ensuring that post-war Australia had data to inform its coal industry policies. Non-compliance with statistical reporting requirements was subject to a penalty of fifty pounds.
Scope and Application
The Coal Production (War-time) Act Repeal Act 1948 applies to the cessation of certain wartime regulations related to coal production and the transfer of assets and liabilities from the Commonwealth Coal Commissioner to the Commonwealth. This Act operates at the Commonwealth level and affects entities such as the Joint Coal Board and the Commonwealth Coal Commissioner. The Act provides for the repeal of section 62 of the Coal Production (War-time) Act 1944, which dealt with the duration of the wartime act, and stipulates that any property of the Commonwealth Coal Commissioner in states other than New South Wales will vest in the Commonwealth upon the cessation of the wartime act. Furthermore, the Act authorises the Joint Coal Board to collect statistics related to coal production, distribution, and use, and imposes penalties for non-compliance with the requirement to furnish statistical returns. The Governor-General may also make regulations to implement the provisions of this Act.
Key Provisions
The Coal Production (War-time) Act Repeal Act 1948 (sections 1 to 7) serves to repeal certain provisions of the Coal Production (War-time) Act 1944, and to establish new procedures for the collection of coal statistics. Section 2 specifically repeals Section 62 of the Coal Production (War-time) Act 1944, effectively eliminating certain wartime regulations on coal production. The Act also defines key terms, such as "the Board" (section 3) which refers to the Joint Coal Board under the Coal Industry Act 1946, and "the Commissioner" who was appointed under the Coal Production (War-time) Act 1944. Section 4 empowers the Governor-General to declare the cessation of the Coal Production (War-time) Act 1944 in a specified state through a Proclamation, effectively repealing the Act in that state. The property of the Commonwealth Coal Commissioner, excluding that in New South Wales, will vest in the Commonwealth upon the specified date of repeal (section 5). The Act further authorises the Joint Coal Board to collect statistics related to coal production, distribution, and use (section 6). Any person who fails to furnish required statistical returns or information without reasonable cause commits an offence, subject to a penalty of fifty pounds (section 6(3)). Lastly, Section 7 grants the Governor-General the authority to make regulations necessary for the implementation of this Act.
The Coal Production (War-time) Act Repeal Act 1948 imposes several obligations on the relevant parties. The Joint Coal Board must collect specified statistics regarding coal production, distribution, and use, and has the authority to require individuals to submit prescribed statistical returns and information (section 6(1)). The Board can make these requirements by publishing in the Gazette or serving them personally or via registered post to the concerned parties (section 6(2)). Additionally, any person who is required to furnish such information must comply with the requirements under this Act, failing which they are liable to face penalties (section 6(3)). The Act also stipulates that any property previously vested in the Commonwealth Coal Commissioner will be transferred to the Commonwealth upon the repeal of the Coal Production (War-time) Act 1944 in a specified state (section 5).
Failure to comply with the provisions of the Coal Production (War-time) Act Repeal Act 1948 can result in both civil and criminal consequences. Specifically, any person who, without reasonable cause, refuses or fails to furnish any statistical returns or information as required by the Board under section 6, commits an offence and is subject to a penalty of fifty pounds (section 6(3)). This penalty serves as a deterrent to ensure compliance with the statutory requirement for data submission. Additionally, any regulations made under section 7 must be consistent with the Act, and any breach of these regulations could potentially lead to further legal consequences depending on the nature and severity of the violation.