States Grants (Coal Mining Industry Long Service Leave) Regulations

Overview

The States Grants (Coal Mining Industry Long Service Leave) Regulations 1992, issued under the authority of the Minister for Industrial Relations, were enacted to facilitate the administration of the States Grants (Coal Mining Industry Long Service Leave) Act 1949. This Act established a long service leave scheme for the coal mining industry, funded on an industry-wide basis with the Commonwealth acting as a third party to the scheme in collaboration with four states and major coal mining industry employer and employee bodies. The 1992 Regulations were introduced to operationalise the Act by allowing the determination and recovery of administrative costs incurred by the Commonwealth in administering the scheme. This was made possible by the Industrial Relations Legislation Amendment Act (No. 2) 1990, which inserted section 7 into the Act, enabling the recovery of such costs from money paid into the fund. The Regulations empower the Minister for Industrial Relations to determine these costs, publish notices of such determinations, and repeal earlier regulations.

Scope and Application

The States Grants (Coal Mining Industry Long Service Leave) Regulations 1992, established under the States Grants (Coal Mining Industry Long Service Leave) Act 1949, pertain specifically to the coal mining industry and the long service leave scheme operating within this sector. The Act applies to the coal mining industry, which includes employers and employees within this field, and it functions as an industry-wide scheme for long service leave benefits. This scheme is administered by the Commonwealth in collaboration with four states and major industry bodies representing coal mining employers and employees. The Act’s jurisdiction encompasses the Commonwealth level, thereby extending its reach across multiple states involved in the coal mining industry. The Regulations allow for the recovery of administrative costs incurred by the Commonwealth, which are to be determined by the Minister for Industrial Relations and must be made in writing, relating to financial years beginning on or after 1 July 1991. The amounts determined under these Regulations are payable as soon as practicable, with notice of the determination to be published in the Gazette. Earlier regulations made for the purposes of section 7 of the Act are repealed by these Regulations.

Key Provisions

The key operative sections of the States Grants (Coal Mining Industry Long Service Leave) Regulations 1992 (No. 30) are primarily concerned with the administration and funding of the long service leave scheme for the coal mining industry. Section 7 of the States Grants (Coal Mining Industry Long Service Leave) Act 1949 mandates that the Commonwealth can recover the costs of administering the Act from the money paid into the fund. This is facilitated by the regulations under subregulation 3(1), which empowers the Minister for Industrial Relations to determine the expenses incurred by the Commonwealth in administering the Act. These determinations must be made in writing and relate to a financial year beginning on or after 1 July 1991. Subregulation 3(2) then mandates that the determined amount be paid as soon as practicable after the determination is made. Regulation 4 ensures transparency by requiring that notice of the determination be published in the Gazette as soon as practicable. Finally, regulation 5 repeals earlier regulations that were made for the purposes of section 7 of the Act. The Act imposes several obligations and requirements on the parties involved. Firstly, the Minister for Industrial Relations is required to make written determinations regarding the expenses incurred by the Commonwealth in administering the Act. These determinations must relate to financial years beginning on or after 1 July 1991. Additionally, the Minister must ensure that the determined amounts are paid as soon as practicable after the determination is made. The Minister is also required to publish a notice of the determination in the Gazette to maintain transparency. Furthermore, the Regulations themselves mandate the repeal of earlier regulations concerning the administration costs, ensuring that the most current and relevant rules are applied. The Regulations do not explicitly state offences, penalties, or civil/criminal consequences for breach. However, the failure to comply with the requirements to make determinations, publish notices, or repeal earlier regulations could potentially lead to administrative or legal consequences under the broader legislative framework. For example, non-compliance with statutory requirements to publish notices or make determinations might lead to challenges in administrative law proceedings or other legal ramifications, though specific penalties are not detailed in the Regulations themselves.