States Grants (Coal Mining Industry Long Service Leave) Amendment Act 1977

Overview

The States Grants (Coal Mining Industry Long Service Leave) Amendment Act 1977, enacted by the Commonwealth Parliament, amends the original States Grants (Coal Mining Industry Long Service Leave) Act 1949. This amendment addresses the need to modify the funding mechanisms for the Coal Mining Industry Long Service Leave Fund to ensure it continues to support the entitlements of long-serving coal miners effectively. By refining the sources of revenue contributing to the fund, the Act aims to maintain the financial stability and viability of the fund, ensuring it can continue to provide long service leave benefits to eligible coal mining industry workers. The policy objective of this amendment is to adapt the funding structure of the Coal Mining Industry Long Service Leave Fund to better reflect the current fiscal environment and the evolving nature of the coal mining industry. The changes introduced by this Act are intended to secure the long-term sustainability of the fund, thereby protecting the rights and entitlements of coal miners who have dedicated significant periods of their careers to the industry.

Scope and Application

The States Grants (Coal Mining Industry Long Service Leave) Amendment Act 1977 applies specifically to the coal mining industry, with its primary focus on the financial contributions towards the Coal Mining Industry Long Service Leave Fund. This Act amends the original States Grants (Coal Mining Industry Long Service Leave) Act 1949, altering the way contributions to the fund are calculated. It applies to all entities involved in the coal mining industry within Australia, particularly those who extract coal and are subject to excise duties under the Coal Excise Act 1949. The Act has a national reach, as it pertains to excise duties levied on coal across the Commonwealth of Australia. The amended provisions exclude certain coal from the calculation of contributions, specifically coal that is removed before a specified time without an entry or under particular sub-section provisions. The Act does not explicitly mention any exclusions, exemptions, or thresholds other than those specified in the amended sections. Its application may be further defined or extended through subordinate instruments, which would provide more detailed regulations or administrative guidance on its implementation.

Key Provisions

The primary operative sections of the States Grants (Coal Mining Industry Long Service Leave) Amendment Act 1977 (section 3) modify the sources of funding for the Coal Mining Industry Long Service Leave Fund. Specifically, section 3 removes the previous funding source, which was tied to the excise duties on coal, and replaces it with a new funding arrangement. Under this amendment, the Fund will now receive two types of contributions: amounts equal to the duties of excise on coal that was authorised for removal before 2:00 AM on 17 August 1977, and amounts equal to two-thirds of the duties of excise on all other coal. This change ensures that the Fund has a stable and diversified source of income, facilitating the provision of long service leave benefits to eligible coal miners. The Act imposes specific obligations on the parties involved in the administration and operation of the Coal Mining Industry Long Service Leave Fund. Firstly, it requires the Commonwealth to ensure that the Fund is adequately funded through the specified excise duties on coal. This obligation is paramount for the sustainability and operational capacity of the Fund, ensuring that it can meet its financial commitments to coal miners who qualify for long service leave. Additionally, the Act mandates that the Fund be managed in accordance with the provisions of the original Act and any subsequent amendments, ensuring that the administration of the Fund remains transparent, efficient, and compliant with legislative requirements. In terms of consequences for non-compliance, the Act does not explicitly state specific offences, penalties, or civil/criminal consequences for breaches. However, it is implied that any failure to comply with the obligations and requirements outlined in the Act could result in legal repercussions. Typically, breaches of legislative requirements in this context could lead to investigations, potential fines, or other enforcement actions taken by relevant authorities to ensure compliance. While the Act does not specify maximum penalties, such breaches could be subject to general provisions under related legislation or common law, which may include fines or other penalties commensurate with the severity of the breach.