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

Legislation au C1949A00080 Not in force Act

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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

(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

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions

States Grants (Coal Mining Industry Long Service Leave) Act 1949	80, 1949	28 Oct 1949	25 Nov 1949
States Grants (Coal Mining Industry Long Service Leave) Act 1950	1, 1950	28 June 1950	26 July 1950	—
States Grants (Coal Mining Industry Long Service Leave) Act 1956	54, 1956	30 June 1956	28 July 1956	—
States Grants (Coal Mining Industry Long Service Leave) Act 1961	20, 1961	19 May 1961	1 June 1961	—
States Grants (Coal Mining Industry Long Service Leave) Act 1968	77, 1968	31 Oct 1968	1 Nov 1968	—
States Grants (Coal Mining Industry Long Service Leave) Amendment Act 1977	137, 1977	10 Nov 1977	17 Aug 1977	—
Coal Industry Legislation Amendment Act 1982	25, 1982	6 May 1982	6 May 1982	—
Industrial Relations Legislation Amendment Act (No. 2) 1990	108, 1990	18 Dec 1990	Ss. 8, 13 and 21: 1 Feb 1991 (see s. 2(4) and Gazette 1991, No. S18) Ss. 22‑24: 1 Mar 1989 S. 26: 1 Jan 1990 S. 33: 25 Mar 1991 (see Gazette 1991, No. S73) Remainder: Royal Assent	—
States Grants (Coal Mining Industry Long Service Leave) Amendment Act 1992	63, 1992	26 June 1992	S. 3: 26 June 1993 Remainder: Royal Assent	—

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Title....................	am. No. 20, 1961
S. 3....................	am. No. 54, 1956; No. 20, 1961; No. 137, 1977; No. 25, 1982; No. 108, 1990; No. 63, 1992
S. 4....................	am. No. 1, 1950; No. 108, 1990
S. 5....................	ad. No. 54, 1956
	am. No. 108, 1990
S. 6....................	ad. No. 20, 1961
	am. No. 77, 1968
	rs. No. 108, 1990
Ss. 7, 8.................	ad. No. 108, 1990

Overview

The States Grants (Coal Mining Industry Long Service Leave) Act 1949 was enacted by the Commonwealth Parliament to provide financial assistance to states for the cost of long service leave granted under industrial awards to employees in the coal mining industry. The Act addresses the gap in financial support for long service leave entitlements for coal miners, ensuring that states are reimbursed for the costs associated with these entitlements. The policy objective is to ensure that employees in the coal mining industry receive their long service leave entitlements without placing undue financial burden on the states. The Act establishes the Coal Mining Industry Long Service Leave Fund, from which grants are made to states based on agreements between the Commonwealth and individual states. Additionally, the Act allows for advances to be made to states and reimbursement of Commonwealth administrative expenses.

Scope and Application

The States Grants (Coal Mining Industry Long Service Leave) Act 1949 applies to the Commonwealth of Australia and the states within it, specifically targeting the coal mining industry. It establishes the Coal Mining Industry Long Service Leave Fund and mandates payments to states for the long service leave of employees in the coal mining industry, as determined by the Minister. The Act covers both Commonwealth and state coal mine employees, where the latter includes those employed by state-owned or constituted authorities. Payments are made under agreements between the Commonwealth and individual states, covering expenses incurred in reimbursing employers for long service leave granted to employees under industrial awards. The Act also allows for advances to be made to states and mandates reimbursement of Commonwealth administrative expenses from the fund. The Governor-General has the authority to make regulations necessary to implement the provisions of the Act, ensuring its effective administration. The Act's application is national, affecting all states within Australia, and its scope is extended through subordinate regulations, which may further define or refine the terms of application.

Key Provisions

The main sections of the States Grants (Coal Mining Industry Long Service Leave) Act 1949 (C1949A00080) establish the Coal Mining Industry Long Service Leave Fund (section 3), outline the process for grants to states for long service leave costs (sections 4 and 5), and provide for advances to states (section 6). Section 7 addresses reimbursement of Commonwealth administrative expenses, while section 8 allows for the creation of regulations to implement the Act. The Fund, established under section 3, is a trust account under the Audit Act 1901 and is financed by excise duties on coal and contributions from states. Funds from the Consolidated Revenue Fund are also appropriated as necessary. The Act imposes several obligations on the parties it governs. The Commonwealth is required to establish and manage the Coal Mining Industry Long Service Leave Fund, ensuring that it receives contributions from excise duties on coal and any state contributions (section 3). The Minister, under section 4, must determine and pay the amounts of financial assistance to states for reimbursing long service leave costs, while section 5 mandates payments for state coal mine employees' long service leave entitlements. The Minister may also make advances to states under section 6. Additionally, section 7 requires the reimbursement of Commonwealth administrative expenses from the Fund into the Consolidated Revenue Fund. Breaches of the Act may lead to various consequences. While specific offences and penalties are not detailed within the Act itself, violations of regulations made under section 8 could result in civil or criminal penalties, depending on the nature and severity of the breach. The Act does not explicitly state maximum penalties but implies that regulatory breaches could be subject to the general legal framework governing administrative and legislative compliance in Australia.

Area of Law: Administrative Law; Employee & Labour Law
Instrument: Act
Concepts: Definitions & Interpretation; Compliance Obligations; Regulatory Standards

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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