States Grants (Coal Mining Industry Long Service Leave) Amendment Act 1992

Overview

The States Grants (Coal Mining Industry Long Service Leave) Amendment Act 1992 was enacted by the Parliament of Australia to make amendments to the States Grants (Coal Mining Industry Long Service Leave) Act 1949, specifically addressing the funding of the Coal Mining Industry Long Service Leave Fund. The 1992 Amendment Act was introduced to rectify a perceived imbalance in the financial contributions to the fund, which was originally established to provide long service leave benefits to employees in the coal mining industry. The 1992 Act modifies the proportion of contributions made by the Commonwealth and the states, adjusting the financial responsibilities to better reflect the current economic context and the industry's needs. The intent behind this amendment is to ensure the continued viability and sustainability of the Long Service Leave Fund, thereby securing the long service leave entitlements of the workforce in the coal mining sector.

Scope and Application

The States Grants (Coal Mining Industry Long Service Leave) Amendment Act 1992 amends the existing States Grants (Coal Mining Industry Long Service Leave) Act 1949, which pertains specifically to the coal mining industry within Australia. This Act applies to entities engaged in the coal mining industry, particularly those responsible for paying long service leave benefits to their employees. The amendment primarily targets the Coal Mining Industry Long Service Leave Fund, altering the proportion of contributions made by employers, as specified in the Principal Act. The Act has a national reach, being a Commonwealth legislation that applies across Australia, but its specific effects are concentrated within the coal mining sector. There are no stated exclusions or exemptions in the text provided, suggesting that the changes apply broadly to all entities within the coal mining industry. The Act may extend its application through subordinate instruments, although such details are not specified in the text provided. The commencement of the Act follows the standard legislative process, with certain sections beginning upon Royal Assent and others on a day to be fixed by Proclamation, or automatically after a set period if not proclaimed within that timeframe.

Key Provisions

The main operative section of the States Grants (Coal Mining Industry Long Service Leave) Amendment Act 1992 is section 3, which amends section 3 of the Principal Act. Specifically, it removes the phrase "four-fifths of" from paragraph (3)(a) of the Principal Act. This amendment alters the requirements for the Coal Mining Industry Long Service Leave Fund, effectively changing the proportions that are to be contributed to the fund by the relevant parties. The Act imposes certain obligations on the parties involved in the coal mining industry, primarily focusing on the contributions to the Long Service Leave Fund. By amending the Principal Act, the 1992 Amendment Act ensures that the new contribution requirements are met by the relevant stakeholders in the industry. These obligations are crucial for maintaining the integrity and sustainability of the Long Service Leave Fund, which provides benefits to employees who have long service in the coal mining industry. Breaches of the obligations set out in this Act may lead to civil or criminal consequences. The precise penalties are not explicitly stated in the text, but they may include fines or other penalties as stipulated under the Principal Act or any related legislation. Given that the Principal Act and associated regulations govern the operation of the Long Service Leave Fund, non-compliance could result in legal action, including prosecution for criminal offences or enforcement actions to recover unpaid contributions. The maximum penalties would depend on the specific nature of the breach and the applicable laws at the time of the offence.