States Grants (Coal Mining Industry Long Service Leave) Act 1949

States Grants (Coal Mining Industry Long Service Leave) Act 1949

Act No. 80 of 1949 as amended

This compilation was prepared on 18 October 2000
taking into account amendments up to Act No. 63 of 1992

The text of any of those amendments not in force
on that date is appended in the Notes section

Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra

Contents

1 Short title [see Note 1]...........................

2 Interpretation.................................

3 Coal Mining Industry Long Service Leave Fund............

4 Grants to States...............................

5 Further grants to States...........................

6 Advances to States..............................

7 Reimbursement of Commonwealth administrative expenses.....

8 Regulations..................................

Notes 

An Act to make provision for the Grant of Financial Assistance to the States in respect of the cost of Long Service Leave granted under Industrial Awards to Employees in the Coal Mining Industry, and for other purposes

1  Short title [see Note 1]

  This Act may be cited as the States Grants (Coal Mining Industry Long Service Leave) Act 1949.

2  Interpretation

  In this Act, the Fund means the Coal Mining Industry Long Service Leave Fund established by this Act.

3  Coal Mining Industry Long Service Leave Fund

 (1) For the purposes of this Act there shall be a fund, to be known as the Coal Mining Industry Long Service Leave Fund.

 (2) The Fund shall be a Trust Account within the meaning of section 62A of the Audit Act 1901.

 (3) There shall be paid into the Fund:

 (a) amounts equal to the amounts from time to time raised on duties excise on coal; and

 (b) such amounts as are received by the Commonwealth from any State for the purposes of this Act.

 (4) The Consolidated Revenue Fund is, to the extent necessary to make any payment out of that fund to the Coal Mining Industry Long Service Leave Fund under subsection (3), appropriated accordingly.

 (5) There shall be paid out of the Fund:

 (a) the amounts of financial assistance payable to the States under this Act; and

 (b) advance payable under section 6; and

 (c) amounts payable into the Consoldiated Revenue Fund under section 7.

 (6) Income derived from the investment of moneys standing to the credit of the Fund forms part of the Fund.

4  Grants to States

  Where an agreement has been made between the Commonwealth and a State for the purpose of reimbursing the State for the expenditure incurred by the State in the reimbursement of amounts paid by employers in the coal mining industry in respect of long service leave granted, under any industrial award, to employees in that industry, there shall be payable to the State, in accordance with the agreement, such amounts as the Minister from time to time determines.

5  Further grants to States

 (1) Where a State has notified the Commonwealth that, in determining the entitlement of State coal mine employees in that State to long service leave, a period of employment in the coal mining industry in the service of an employer bound by an industrial award providing for long service leave will be treated as service as a State coal mine employee, there are payable to the State, in respect of expenditure incurred, or to be incurred, by the State by reason of such periods of employment being so treated, such amounts as the Minister from time to time determines.

 (2) In this section:

State coal mine means a coal mine owned by a State or by an authority constituted by an Act of the Parliament of a State.

State coal mine employee means a person employed in or in connexion with a State coal mine.

6  Advances to States

  The Minister may make advances to a State on account of amounts expected to be payable to a State under this Act.

7  Reimbursement of Commonwealth administrative expenses

  There are payable out of the Fund into the Consolidated Revenue Fund, at such times as are prescribed, amounts determined under the regulations as representing the expenses incurred by the Commonwealth in administering this Act.

8  Regulations

  The Governor‑General may make regulations, not inconsistent with this Act prescribing matters:

 (a) required or permitted by this Act to be prescribed; or

 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Notes to the States Grants (Coal Mining Industry Long Service Leave) Act 1949

Note 1

The States Grants (Coal Mining Industry Long Service Leave) Act 1949 as shown in this compilation comprises Act No. 80, 1949 amended as indicated in the Tables below.

Table of Acts

Table of Amendments