An Act to prohibit the employment and the continuance in employment in the coal or oil shale mining industries, and in certain callings related thereto, of certain persons of or above the age of sixty years; to make provision for and with respect to the payment of benefits to such persons and certain other persons; to amend the Widows Pensions Act 1925–1937 and certain other Acts; and for purposes connected therewith.
long title: Am 1978 No 28, Sch 1 (1).
Part 1 Preliminary
1 Name of Act, commencement and construction
(1) This Act may be cited as the Coal and Oil Shale Mine Workers (Superannuation) Act 1941.(2) (Repealed)(3)(a) Parts 1 and 5 shall commence on the day upon which the assent of His Majesty to this Act is signified.(b) Parts 2, 3 and 4 shall commence upon such day or days as may be appointed by the Governor and notified by a proclamation published in the Gazette.A different day may be so appointed and notified in respect of any of such Parts.(4) This Act shall be read and construed subject to the Commonwealth of Australia Constitution Act and so as not to exceed the legislative power of the State to the intent that where any provision of this Act or of the regulations or the application thereof to any person or circumstance is held invalid, the remainder of this Act or of such regulations and the application of such provision to other persons or circumstances shall not be affected.(5) This Act shall be read and construed with the Coal Mines Regulation Act 1982.s 1: Am 1947 No 39, sec 2 (1) (b); 1950 No 37, sec 2 (a); 1951 No 52, sec 5 (3) (a); 1971 No 17, sec 2 (a); 1978 No 28, Sch 1 (2); 1982 No 69, Sch 2; 1982 No 102, Sch 1 (1); 1983 No 150, Sch 1 (1); 1990 No 18, Sch 2 (1).
1A Contributions and benefits payable on and after 3 January 1993
(1) On and after 3 January 1993, a mine worker is not entitled or liable to contribute to the Old Fund or the Amalgamated Fund, whether or not the mine worker was, or was entitled to be, a contributor before that date.(1A) Subsection (1) does not prevent a mine worker from making voluntary contributions to the Amalgamated Fund as provided by the COALSUPER Trust Deed.(2)–(4) (Repealed)s 1A: Ins 1992 No 81, Sch 2 (1). Am 1994 No 85, Schs 2 (1), 3 (1).
2 Definitions
(1) In this Act, unless the context or subject-matter otherwise indicates or requires:Accumulation Fund means the New South Wales Coal and Oil Shale Mining Industry (Superannuation) Accumulation Fund referred to in the Restructuring Agreement.actuary means a person, appointed by the Corporate Trustee, who is a member of the Institute of Actuaries of Australia.Amalgamated Fund means the COALSUPER Retirement Income Fund referred to in section 18.COALSUPER Rules means the rules (as amended or substituted from time to time) included in the COALSUPER Trust Deed that govern the occupational superannuation schemes to which the COALSUPER Trust Deed relates.COALSUPER Trust Deed means the trust deed (as amended or substituted from time to time) for the reconstitution of the occupational superannuation schemes referred to in section 15C (1).Column 5 pension means a pension payable under the COALSUPER Rules at the rate specified (as at 31 December 1999) in Column 5 of Appendix 3A to those Rules.complying fund means a complying superannuation fund within the meaning of section 45 of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth.Corporate Trustee means the body incorporated as a result of arrangements made under section 4 of the Coal and Oil Shale Mine Workers (Superannuation) Further Amendment Act 1994.COSAF Fund means the superannuation fund referred to in clause 2.1 of the COSAF Trust Deed.COSAF Trust Deed means the trust deed establishing the COSAF Superannuation Fund, made on 6 October 1988 by COSAF Pty Limited (ACN 003 566 989) and as amended from time to time, and includes the rules contained in the Schedule to that deed.Dormant member means a former contributor to the Old Fund:(a) whose last period of service as a mine worker ceased due to retrenchment, resignation or dismissal, and(b) who has not taken any benefit from the Old Fund or the Amalgamated Fund, and(c) who may become entitled:(i) for the purposes of the Amalgamated Fund, to be credited with past service on being re-employed as a mine worker, or(ii) to a payment from the Amalgamated Fund.Exercise a function includes perform a duty.Function includes a power, duty or authority.member of Part 3 of the Fund means a person who is a Member of Part 3 of the Fund within the meaning of the COALSUPER Trust Deed.Mine worker means:(a) a person engaged in the coal or oil shale mining industries in New South Wales who was, immediately before the commencement of the Coal and Oil Shale Mine Workers (Superannuation) Amendment Act 1990, contributing to the Old Fund, or(b) a person who, after that commencement, becomes employed by an owner in or about a coal or oil shale mine in New South Wales (whether underground or above ground), or(c) a person who is engaged in the coal or oil shale mining industries, either before or after that commencement, and in respect of whom the Corporate Trustee has made a determination under section 15B declaring the person to be a mine worker for the purposes of this Act, or(d) a person in respect of any period during which the person was the holder of a permit in force under section 2E (as in force before the commencement of Schedule 3 to the Coal and Oil Shale Mine Workers (Superannuation) Further Amendment Act 1994) authorising the person to be employed in some industry, other than the coal or oil shale mining industries, specified in the permit, orbut does not include such a person who is ordinarily so engaged or employed for less than 10 hours per week.(e) a person who is engaged in work declared by a determination in force under section 2J to be mine work,Old Fund means the Coal and Oil Shale Mine Workers Superannuation Fund established under section 18 of this Act (as in force before the commencement of Schedule 2 to the Coal and Oil Shale Mine Workers (Superannuation) Further Amendment Act 1994).Owner means any person who is the immediate proprietor, the lessee or the occupier of a coal or oil shale mine, and includes:(a) where a coal or oil shale mine is being worked by a person who is an official liquidator, receiver, manager or other person authorised by law to carry on the business of working the mine—that person,(b) where a coal or oil shale mine belongs to, or is held in trust for, the Crown, a department of the Government or a statutory authority—the Crown, the department or the statutory authority, as the case may be, andbut, except as provided by subsection (7), does not include a person who merely receives a royalty, rent or fine from a coal or oil shale mine or is merely holding the property on or in which a coal or oil shale mine is situated subject to any lease, grant or licence to, or contract with, another person for the working of the coal or oil shale mine.(c) where a coal or oil shale mine is being worked by a contractor—in addition to any other person, the contractor,Part 2 of the Fund means Part 2 of the Amalgamated Fund.Part 3 of the Fund means Part 3 of the Amalgamated Fund.pension CPI contribution means a contribution calculated at the pension CPI rate.pension CPI rate means the rate determined under section 19AD.Prescribed means prescribed by this Act or the regulations.Reciprocating State means Queensland, Tasmania or Western Australia.Reference Rate, as at any particular time, means such rate as the Corporate Trustee declares in a determination under subsection (5) in force as at that time to be the specified rate for the purposes of this definition.Editorial note—For determinations under subsection (5), see the Historical notes at the end of this Act.Regulations means regulations made under this Act.Restructuring Agreement means the New South Wales Coal Mining Industry Statutory Fund (Restructuring) Agreement originally made on 25 June 1992 between the parties set out in Part 1 of Schedule 3, as varied by the 1999 Superannuation Agreement.Special Account, in relation to a mine worker or dormant member, means the account in the Accumulation Fund which is in the name of the mine worker or dormant member and to which the contributions payable to the Accumulation Fund under the Restructuring Agreement are credited.Subsidy Fund means the Coal and Oil Shale Mine Workers Compensation Subsidy Fund established by section 19C.Superannuation fund means a scheme, fund or arrangement (whether or not established by an Act) under which any superannuation or retirement benefits are provided by an employer.transferee means a mine worker who has made the election, referred to in clause 4.1 of the 1999 Superannuation Agreement, to convert his or her defined benefit in Part 3 of the Fund to an accumulation benefit in Part 2 of the Fund.1999 Superannuation Agreement means the 1999 Superannuation Agreement made on 23 December 1999 between the parties set out in Part 3 of Schedule 3.(1A) For the purposes of this Act, a mine worker is retrenched if the employment of the mine worker is terminated and the termination is stated by the employer to have taken place because:(a) the employer no longer required the services of the mine worker and does not propose to fill the position then held by the mine worker, or(b) the work that the mine worker was employed to perform has been completed, or(c) the amount of work that the employer required to be performed has diminished and it has accordingly become necessary to reduce the number of employees employed by the employer, or(d) the mine worker has accepted an offer by the employer of terms on which retrenchment of the mine worker was proposed by the employer on a ground referred to in paragraph (a), (b) or (c).(2) A person shall, for the purposes of this Act, be deemed to be “engaged in the coal or oil shale mining industries”:(a) for any period (whether before or after the commencement of Part 2) during which the person is employed as a mine worker,(b) for any period (whether before or after the commencement of Part 2) during which the person is unemployed, if, immediately before the date upon which the person so became unemployed:(i) the person was employed (whether underground or above ground) in or about a coal or oil shale mine in New South Wales by the owner of the mine, or(ii) the person was a member of a permanent rescue corps established at a central rescue station pursuant to the Mines Rescue Act 1925, or(iii) the person was a member of the New South Wales Mines Rescue Brigade established under the Mines Rescue Act 1994:Provided that a person shall not be deemed to be “engaged in the coal or oil shale mining industries” by reason of the operation of paragraph (b) unless the Corporate Trustee is satisfied that the person’s employment was terminated otherwise than for misconduct and that the person’s failure to obtain other employment was through no fault on the person’s part:Provided further that the period for which any such person is unemployed shall be deemed not to be interrupted by periods during which the person is employed upon relief work or upon other work of a casual nature,(c) for any period (whether before or after the day on which the assent of Her Majesty to the Coal and Oil Shale Mine Workers (Superannuation) Further Amendment Act 1957 is signified) during which the person is employed pursuant to a request by the Corporate Trustee to accept available employment under and in accordance with section 19F.(3) A reference in any provision of this Act to the “date of retirement” shall, in the application of that provision to or in respect of any particular mine worker, be construed as a reference to the date on and after which the employment of that mine worker as a mine worker would be an offence under section 5:Provided that where any mine worker, who is continued in employment as a mine worker under and in accordance with a certificate issued by the Corporate Trustee under subsection (4) of section 5, retires or is retired from such employment, a reference in any provision of this Act to the “date of retirement” shall, in the application of that provision to and in respect of that mine worker, be construed as a reference to the date upon which the mine worker so retires or is retired.(4) (Repealed)(5) Where there is a variation in the weekly rate of wage prescribed for Group B of the Coal Mining Industry (Production and Engineering) Interim Consent Award, September 1990 (or such other rate as may be agreed upon by the parties to the Restructuring Agreement), the Corporate Trustee:(a) shall, in and by a determination published in the Gazette as soon as practicable after the variation is made:(i) subject to subparagraph (ii)—specify that rate as so varied and declare it to be the specified rate for the purposes of the definition of Reference Rate in subsection (1), or(ii) where there are 2 or more such rates so prescribed—specify one of those rates as so varied and declare it to be the specified rate for the purposes of that definition, andand any previous determination made under this subsection shall not be in force in respect of any period commencing on or after the date so specified.(b) shall, in the determination, specify the date as from which the determination takes effect, being the date as from which the specified rate became or becomes payable as wages to loadermen or any class of loadermen,(6) (Repealed)(7) For the purposes of sections 19 and 19D, if a mine worker is employed by a person who is not an owner as defined in subsection (1), a reference to an owner includes a reference to the employer of the mine worker.(8) Subsection (7) does not apply to a mine worker who is:(a) a check-weigher or district check inspector, or(b) an elected official of an industrial or trade union of employees or of an association of employees registered as an organisation under the Industrial Relations Act 1988 of the Commonwealth, of which union or organisation the membership is principally confined to persons who are employed in or about a coal or oil shale mine (whether underground or above ground).(8A) On and after the relevant date (as defined in section 14PA (7)), subsection (7) of this section ceases to apply to a mine worker who is an officer of the Department of Mineral Resources (or its successor) and to a person who is a member of or employed by the Joint Coal Board.(9) If a person was, immediately before the commencement of the Coal and Oil Shale Mine Workers (Superannuation) Amendment Act 1990, a mine worker by virtue of section 2A, 2B, 2C, 2F, 2H or 2K (as in force before that commencement) or of any regulation made under section 2D (as so in force), and the retiring age of the person was, by virtue of a provision of the section or regulation by which the person became a mine worker, 65 years of age, the following provisions apply in respect of the person despite the repeal of those sections by that Act:(a) the retiring age of the person continues to be 65 years,(b) the person may retire or be retired at any time after attaining 60 years of age and before attaining 65 years of age,(c) a reference in any provision of this Act to “date of retirement” is to be read, in relation to the person, as a reference to the date on which the person retires or is retired or, as the case may be, is to retire or to be retired,(d) a reference in section 5 or 6, express or implied, to “the commencement of this Part” is to be read, in relation to the person, as a reference to the date of commencement of the section or regulation by virtue of which the person originally became a mine worker,(e) a reference in section 5 (subsection (6) excepted) to the age of 60 years is to be read, in relation to the person, as a reference to the age of 65 years,(f) a reference in section 6 to the age of 60 years is to be read, in relation to the person, as a reference to the age of 65 years or, if the person retires or is retired before attaining 65 years of age, the age at which the person retires or is retired.s 2: Am 1942 No 12, sec 2 (1) (a); 1949 No 26, sec 2 (a); 1951 No 52, sec 5 (3) (b); 1954 No 23, sec 2; 1957 No 54, sec 2 (1) (a); 1971 No 17, sec 2 (b); 1978 No 28, Sch 1 (3); 1982 No 69, Sch 2 (am 1983 No 150, sec 6); 1983 No 150, Sch 2 (1); 1987 No 79, Sch 1; 1990 No 18, Schs 1 (1), 2 (2); 1991 No 95, Sch 1 (1); 1992 No 81, Schs 1 (1), 2 (2); 1994 No 1, Schs 1 (1), 2 (1); 1994 No 13, Sch 4; 1994 No 85, Schs 1 (1), 2 (2), 3 (2) (as am by 1995 No 16, Sch 2); 2000 No 17, Sch 1 [1]–[3].
2A–2I (Repealed)
s 2A: Ins 1942 No 12, sec 2 (1) (b). Am 1949 No 26, sec 2 (b); 1961 No 6, sec 2 (a). Rep 1990 No 18, Sch 1 (2).
s 2B: Ins 1949 No 26, sec 2 (c). Am 1957 No 54, sec 2 (1) (b); 1982 No 69, Sch 2. Rep 1990 No 18, Sch 1 (2).
s 2BA: Ins 1957 No 54, sec 2 (1) (c). Rep 1990 No 18, Sch 1 (2).
s 2C: Ins 1950 No 37, sec 2 (b). Am 1957 No 54, sec 2 (1) (d). Rep 1990 No 18, Sch 1 (2).
s 2D: Ins 1951 No 52, sec 3. Rep 1990 No 18, Sch 1 (2).
s 2E: Ins 1957 No 18, sec 2 (1) (a). Am 1961 No 6, sec 2 (b); 1971 No 17, sec 2 (c); 1978 No 28, Sch 1 (4); 1990 No 18, Sch 1 (3); 1994 No 85, Sch 2 (3). Rep 1994 No 85, Sch 3 (3).
s 2F: Ins 1957 No 54, sec 2 (1) (e). Am 1982 No 69, Sch 2; 1987 No 13, Sch 1 (1). Rep 1990 No 18, Sch 1 (2).
s 2G: Ins 1957 No 54, sec 2 (1) (e). Rep 1990 No 18, Sch 1 (2).
s 2H: Ins 1961 No 6, sec 2 (c). Rep 1990 No 18, Sch 1 (2).
s 2I: Ins 1968 No 30, sec 2 (a). Subst 1988 No 21, Sch 1 (1). Rep 1990 No 18, Sch 1 (2).
2J Further extension of the definition of mine worker
(1) Where any work is performed or to be performed in or about or in connection with a coal or oil shale mine in New South Wales, whether in pursuance of a contract or otherwise, the Corporate Trustee may, from time to time, by determination in writing (which determination is, in this section, referred to as the determination), declare that that work or so much of that work as is specified or described in the determination shall be mine work for the purposes of this section.Editorial note—For determinations under this subsection see the Historical notes at the end of this Act.(2) The specification or description of any work in the determination may be made by reference to such matters as the Corporate Trustee thinks fit.(3) Without affecting the generality of subsection (2), work may be specified or described in the determination by reference to the work performed or to be performed by a person or class of persons specified or described therein.(4) A determination shall take effect from the day specified therein as the date of commencement of the determination.(5) The Corporate Trustee shall not, in the determination, specify a day under subsection (4) that is earlier than three months before the date of the determination unless the Corporate Trustee is satisfied that in all the circumstances of the case it is just and reasonable to do so.(6) Subject to this section, the Corporate Trustee may, in the determination, specify a day under subsection (4) that is before or after the commencement of section 2 of the Coal and Oil Shale Mine Workers (Superannuation) Amendment Act 1971.(7) As from the date of commencement of the determination, this section applies to a person who is engaged in mine work, whether or not the person is or would, but for subsection (8), be a mine worker by virtue of any other provision of this Act, but does not apply to a person who is ordinarily so engaged for less than 10 hours per week.(8) During any period that a person is a mine worker by virtue of this section and the operation of the determination the person shall be deemed, notwithstanding anything elsewhere contained in this Act, not to be a mine worker during that period by virtue of any other provision of this Act.(9) Without affecting the generality of any other provision of this section, the Corporate Trustee may, in the determination, declare that a person specified or described therein, or a person of a class of persons specified or described therein, is not a mine worker by virtue of this section and the operation of the determination, and the declaration shall have effect according to its tenor.(10) The retirement age of a person who, by virtue of this section and the operation of the determination, is a mine worker is the age (if any) specified in the determination (not greater than 65 years) as the person’s retirement age.(10A) However, if in the determination an age greater than 60 years is specified in relation to a person, the person may retire or be retired at any time after the person attains 60 years of age but not later than the date on which the person attains 65 years of age.(10B) If subsection (10A) applies to a person, a reference in any other provision of this Act to “date of retirement” is to be read, in relation to that person, as the date on which the person retires or is retired or, as the case may be, the date on which the person is to retire or to be retired.(11) As from the date of commencement of the determination the provisions of this Act shall, subject to this section, apply to and in respect of persons who are mine workers by virtue of this section and the operation of the determination:Provided that the provisions of this Act in their application to and in respect of any such person shall be deemed to have been modified to the following extent, that is to say—references, express or implied, in this Act, to the commencement of Part 2, shall be construed as references:(a) where the date of the determination is later than the date of commencement of the determination—to the date of the determination, or(b) in any other case—to the date of commencement of the determination:Provided further that the provisions of this Act, in their application to and in respect of such person, shall be deemed to be modified to the following extent, that is to say—sections 5 and 6 shall have and take effect as if the age specified in the determination and applicable to such person, or where such person retires or is retired before the age of sixty-five years, as provided by subsection (10A), the age at which such person retires or is retired were substituted for the age of sixty years referred to in those sections, and references in this Act to the “date of retirement” shall be construed accordingly.(12) For the purposes of this Act, all mine work shall be deemed to be work in or about a coal or oil shale mine.(13), (14) (Repealed)(15) In this section:date of commencement of the determination means the day specified in the determination as the date of commencement thereof.date of the determination means the date on which the determination is made.mine work means any work declared to be mine work under subsection (1).s 2J: Ins 1971 No 17, sec 2 (d). Am 1990 No 18, Sch 1 (4); 1991 No 95, Sch 1 (2); 1992 No 81, Sch 2 (3); 1994 No 85, Sch 3 (4) (am 1995 No 16, Sch 2); 1995 No 16, Sch 2.
2K Notices under section 2J
(1) Before any work is commenced by a person other than a mine worker in or about, or in connection with, a coal or oil shale mine in New South Wales, the owner must give to the Corporate Trustee a written notice that complies with subsection (2).Maximum penalty: 5 penalty units for each day in any period of days during which this subsection is not complied with.(2) The notice is to contain the following particulars:(a) the name and address of the employer, or proposed employer, of the person,(b) the proposed date of commencement of the work,(c) the terms of any contract for doing the work,(d) the number of persons who will be doing the work,(e) the nature of the work,(f) each location at which it is proposed that the work be done,(g) the number of persons by whom the work is proposed to be performed who are, to the knowledge of the owner, members of an association of employees registered as an organisation of employees under Part IX of the Industrial Relations Act 1988 of the Commonwealth,(h) the period for which it is proposed that the work be performed.s 2K: Ins 1974 No 65, sec 3 (a). Rep 1990 No 18, Sch 1 (2). Ins 1992 No 81, Sch 2 (4). Am 1994 No 85, Sch 3 (5).
3–4 (Repealed)
s 3: Am 1949 No 26, sec 2 (d); 1950 No 37, sec 2 (c); 1957 No 54, sec 2 (1) (f); 1971 No 17, sec 2 (e); 1990 No 18, Schs 1 (5), 2 (3); 1991 No 96, Sch 6; 1994 No 1, Sch 2 (2); 1994 No 85, Schs 1 (2), 2 (4). Rep 1994 No 85, Sch 3 (6).
s 3A: Ins 1978 No 28, Sch 1 (5). Am 1979 No 10, Sch 1 (1); 1980 No 84, sec (3) (a); 1983 No 150, Sch 2 (2); 1992 No 81, Sch 3 (1). Rep 1994 No 85, Sch 3 (7).
s 4: Am 1951 No 52, sec 5 (3) (c); 1961 No 53, sec 2; 1978 No 28, Sch 1 (6). Rep 1994 No 1, Sch 1 (2).
4A Special provisions for persons engaged in the coal mining industry in a reciprocating State
(1) In this section:(a) a reference to the applicable provisions is a reference to sections 3 (8) and 7 (1A), and to Division 4 of Part 2, except section 14P, and(b) a reference to a person to whom this section applies is a reference to a person whose last period of service as a mine worker was in a reciprocating State, who has had prior service in the coal or oil shale mining industries in New South Wales and:(i) who has applied for a benefit under this Act, or(ii) who has died and in respect of whom application has been made for such a benefit.(2) For the purposes of the applicable provisions and of qualifying for a benefit under this Act, a person to whom this section applies is taken to have been a mine worker if he or she:(a) is or was, on or after 3 January 1993, employed in the coal mining industry in a reciprocating State, andbut, for the purpose of calculating any benefit, industry service in New South Wales only (and no other service) is to be taken into account.(b) by the operation of section 2 (2), would be taken to have been engaged in the coal or oil shale mining industries had the employment been in New South Wales,(3) The provisions of section 3 (1), (3) and (4) apply to a person taken by this section to have been a mine worker and so apply as if a reference in those provisions to New South Wales included a reference to a reciprocating State.(4) Section 6 applies to a person taken by this section to have been a mine worker and so applies as if:(a) a reference in that section to having been continuously resident, or resident, in New South Wales during a specified period included a reference to any period during which the person was continuously resident, or resident, in a reciprocating State, and(b) a reference in that section to having been continuously engaged, or engaged, in the coal or oil shale mining industries in New South Wales during a specified period included a reference to any period during which the person was continuously employed, or employed, in the coal mining industry in a reciprocating State, and(c) a reference in that section to having actually worked in or about a coal or oil shale mine in New South Wales for a specified period included a reference to any period during which the person worked in or about a coal mine in a reciprocating State.(5) If a person dies or is incapacitated while employed in the coal mining industry in a reciprocating State, the same benefit is payable to the person or persons entitled on the death or incapacity as would have been payable if the deceased or incapacitated person had retired on the date of death or incapacity.s 4A: Ins 1991 No 95, Sch 1 (23). Am 1992 No 35, Sch 2. Subst 1992 No 81, Sch 2 (5). Am 1994 No 1, Sch 1 (3).
Part 2 Retirement
pt 2, hdg: Subst 1978 No 28, Sch 1 (7). Am 1982 No 102, Sch 1 (2); 1994 No 85, Sch 3 (8).
pt 2, div 1, hdg: Ins 1978 No 28, Sch 1 (7). Am 1982 No 102, Sch 1 (3). Rep 1994 No 85, Sch 3 (9).
5 Employment after 60 years of age prohibited
(1) Subject to this section no person shall take into or retain in the person’s employment as a mine worker any person who is of or above the age of sixty years and no person of or above the age of sixty years shall accept or continue in employment as a mine worker.(2)(a) Every mine worker who is, at the commencement of this Part, employed as a mine worker, and who is, at such commencement, of or above the age of sixty years, shall be retired from and shall vacate employment as a mine worker upon the expiration of the period of three months after such commencement.(b) Every mine worker who is, at any time after the commencement of this Part, employed as a mine worker and who, whilst so employed, attains the age of sixty years, shall be retired from and shall vacate employment as a mine worker immediately upon attaining that age:Provided that any such mine worker who attains the age of sixty years at any time within the period of three months after the commencement of this Part shall be retired from and shall vacate employment as a mine worker upon the expiration of that period.(c) A person of or above the age of sixty years who is not, at the commencement of this Part, employed as a mine worker, shall not, at any time after such commencement, be employed as a mine worker.(3) Any person who neglects or fails to comply with any of the provisions of this section shall be guilty of an offence and shall be liable on conviction to a penalty not exceeding 1 penalty unit and to a further penalty not exceeding 0.1 penalty unit for every day during which the offence continues.(4)(a) The Corporate Trustee may, from time to time, upon special cause being shown, suspend the operation of subsections (1) and (2) in their application to and in respect of any specified employment of a specified mine worker.Any such suspension may be made subject to such conditions (if any) as the Corporate Trustee may impose.Any such suspension shall be evidenced by a certificate of exemption which shall be issued by the Corporate Trustee and shall specify the employment in respect of which the operation of those subsections is suspended, the mine worker to whom the certificate relates, the period for which the certificate is to remain in force, and the conditions (if any) subject to which the operation of those subsections is suspended.(b) The Corporate Trustee may, from time to time, suspend the operation of subsections (1) and (2) in their application to and in respect of the employment in or about any specified mine of all mine workers, or of any specified class of mine workers or of all mine workers other than those of a specified class.Any such suspension may be made subject to such conditions (if any) as the Corporate Trustee may impose.Any such suspension shall be evidenced by a certificate of exemption which shall be issued by the Corporate Trustee and shall specify the mine to which the certificate relates and shall indicate whether the certificate relates to the employment of all mine workers or of a specified class of mine workers or of all mine workers other than those of a specified class. The certificate shall also specify the period for which the same is to remain in force, and the conditions (if any) subject to which the operation of those subsections is suspended.(c) The employment of a mine worker after the date of retirement shall not, where such employment is under and in accordance with a certificate issued under this subsection, constitute an offence.(5) It shall be a sufficient defence to a charge that a person has taken into or retained in the person’s employment as a mine worker any person who is of or above the age of sixty years if the person charged proves that the age of the person so employed, as disclosed by the particulars furnished pursuant to regulations made in that behalf, was, at the relevant date less than sixty years.(6) In the application to and in respect of a mine worker who is a registered mining surveyor within the meaning of the Surveying Act 2002 of the provisions of this section and of section 6:(a) such provisions shall be deemed to be modified to the following extent, that is to say—references, express or implied, in the provisions of this section to the commencement of Part 2 shall be construed as references to the day on which the assent of Her Majesty to the Coal and Oil Shale Mine Workers (Superannuation) Further Amendment Act 1957 is signified, and(b) such provision shall be deemed to be amended:(i) by omitting the words “age of sixty years” wherever occurring and by inserting in lieu thereof the words “age of sixty-five years”, and(ii) by inserting after the words “subsections (1) and (2)” wherever occurring in this section the words “, as modified and deemed to be amended by paragraphs (a) and (b) of subsection (6),”:Provided that any mine worker who is a registered mining surveyor within the meaning of the Surveying Act 2002 may retire or be retired at any time after the mine worker attains the age of sixty years and before the mine worker attains the age of sixty-five years and in any such case a reference in this Act to the date of retirement shall, notwithstanding anything elsewhere contained in this Act, in the application of that provision to and in respect of such mine worker, be construed as a reference to the date upon which the mine worker so retires or is retired.s 5: Am 1957 No 54, sec 2 (1) (g); 1992 No 112, Sch 1; 1994 No 85, Sch 3 (10); 2002 No 83, Sch 2.1.
5A Extension of compulsory retiring age
(1) Where, but for this section, the retiring age of a mine worker would be the age of sixty years, the mine worker’s retiring age shall be the age of sixty-five years, if the mine worker is a mine worker of a class prescribed for the purposes of this section:Provided that any mine worker to whom this section applies may retire or be retired at any time after the mine worker attains the age of sixty years and before the mine worker attains the age of sixty-five years:Provided further that the provisions of this Act, in their application to and in respect of such a mine worker, shall be deemed to be modified to the following extent, that is to say—sections 5 and 6 shall have and take effect as if the age of sixty-five years or, where the mine worker retires or is retired before the age of sixty-five years, the age at which the mine worker retires or is retired were substituted for the age of sixty years referred to therein, and references in this Act to the “date of retirement” shall be construed accordingly.(2) This section does not apply to a mine worker in respect of whom a determination of the Corporate Trustee under section 15B is in force if the determination is one which specifies the mine worker’s retiring age.s 5A: Ins 1978 No 28, Sch 1 (8). Am 1990 No 18, Sch 1 (6); 1994 No 85, Sch 3 (11).
5AA Early retirement before 3 January 1993
(1) Notwithstanding any other provision of this Act, a mine worker may retire before 3 January 1993 at any time after the mine worker attains the age of 58 years and before the mine worker attains the age of 60 years:(a) if every part of the period of 10 years immediately before the date on which the mine worker retires was either a period when the mine worker was engaged in the coal or oil shale mining industries or an authorised period, and(b) if the mine worker has been engaged in the industries for a period of not less than 25 years or for 2 or more periods together amounting to not less than 25 years.(1A) Notwithstanding any other provision of this Act, a mine worker may retire before 3 January 1993 at any time after attaining the age of 55 years and before attaining the age of 58 years:(a) if every part of the period of 10 years immediately before the date on which the mine worker retires was either a period when the mine worker was engaged in the coal or oil shale mining industries or an authorised period, and(b) if the mine worker has been engaged in the industries for a period not less than the prescribed period or for 2 or more periods together amounting to a period not less than the prescribed period.(2) Notwithstanding any other provision of this Act, a reference in section 14A to the date of retirement shall, in relation to a mine worker who retires pursuant to subsection (1) or (1A), be construed as a reference to the date on which the mine worker so retires.(3) In subsection (1A), prescribed period means:(a) subject to paragraph (b)—the period of 30 years, or(b) such period (not less than 25 years) as may be prescribed.s 5AA: Ins 1982 No 102, Sch 1 (4). Am 1984 No 116, Sch 1; 1992 No 81, Sch 3 (3); 1993 No 46, Sch 2.pt 2, div 2, hdg: Ins 1978 No 28, Sch 1 (9). Rep 1994 No 85, Sch 3 (12).pt 2, div 2: Rep 1994 No 85, Sch 3 (12).
5B–14V (Repealed)
s 5B: Ins 1978 No 28, Sch 1 (10). Rep 1994 No 85, Sch 3 (12).
s 6: Am 1942 No 12, sec 3 (1); 1947 No 14, sec 2 (1) (a); 1948 No 7, sec 2 (1) (a); 1949 No 26, sec 3 (a); 1950 No 37, sec 3 (1) (a); 1951 No 52, sec 4 (1) (a); 1952 No 52, sec 2 (1) (a); 1954 No 23, sec 3 (1) (a); 1955 No 39, sec 2 (1) (a); 1957 No 54, sec 3 (1) (a); 1961 No 6, secs 3 (1) (a), 4 (1) (a), 5 (1) (a); 1964 No 67, sec 2 (1) (a); 1965 No 33, First Sch; 1968 No 30, sec 2 (b); 1971 No 17, sec 3 (a). Rep 1994 No 85, Sch 3 (12).
s 6A: Ins 1971 No 17, sec 3 (b). Rep 1994 No 85, Sch 3 (12).
s 6B: Ins 1971 No 17, sec 3 (b). Am 1976 No 91, sec 2 (a); 1978 No 28, Sch 1 (11). Rep 1994 No 85, Sch 3 (12).
s 6C: Ins 1976 No 91, sec 2 (b). Am 1978 No 28, Sch 1 (12). Rep 1994 No 85, Sch 3 (12).
s 7: Am 1942 No 12, sec 2 (1) (c); 1947 No 14, sec 2 (1) (b); 1948 No 7, sec 2 (1) (b); 1949 No 26, sec 3 (b); 1950 No 37, sec 3 (1) (b); 1951 No 52, secs 4 (1) (b), 5 (1) (a), (3) (d); 1952 No 52, sec 2 (1) (b); 1954 No 23, sec 3 (1) (b); 1955 No 39, sec 2 (1) (b); 1957 No 54, sec 3 (1) (b); 1961 No 6, secs 4 (1) (b), 5 (1) (b); 1964 No 67, sec 2 (1) (b); 1969 No 17, sec 2 (1) (a); 1971 No 17, sec 3 (c); 1991 No 95, Sch 1 (24). Rep 1994 No 85, Sch 3 (12).
s 8: Am 1947 No 14, sec 2 (1) (c); 1948 No 7, sec 2 (1) (c); 1949 No 26, sec 3 (c); 1950 No 37, sec 3 (1) (c); 1951 No 52, sec 4 (1) (c); 1952 No 52, sec 2 (1) (c); 1954 No 23, sec 3 (1) (c); 1955 No 39, sec 2 (1) (c); 1957 No 54, sec 3 (1) (c); 1961 No 6, secs 4 (1) (c), 5 (1) (c); 1964 No 67, sec 2 (1) (c); 1971 No 17, sec 3 (d); 1978 No 28, Sch 1 (13); 1991 No 95, Sch 1 (3). Rep 1994 No 85, Sch 3 (12).
s 8A: Ins 1978 No 28, Sch 1 (14). Rep 1994 No 85, Sch 3 (12).
s 9: Am 1942 No 12, sec 2 (1) (d); 1947 No 14, sec 2 (1) (d); 1948 No 7, sec 2 (1) (d); 1949 No 26, sec 3 (d); 1950 No 37, sec 3 (1) (d); 1951 No 52, sec 4 (1) (d); 1952 No 52, secs 2 (1) (d), 3 (1); 1954 No 23, secs 3 (1) (d), 4 (1) (a); 1955 No 39, sec 2 (1) (d); 1957 No 18, sec 2 (1) (b); 1957 No 54, sec 3 (1) (d); 1961 No 6, secs 3 (1) (b), 4 (1) (d), 5 (1) (d); 1964 No 67, sec 2 (1) (d); 1967 No 51, sec 2 (1) (a); 1969 No 17, sec 2 (1) (b); 1970 No 27, sec 2 (1) (a); 1971 No 17, secs 3 (e), 4 (1) (a); 1978 No 28, Sch 1 (15); 1994 No 85, Sch 1 (3). Rep 1994 No 85, Sch 3 (12).
s 10: Am 1942 No 12, sec 2 (1) (e); 1947 No 14, sec 2 (1) (e); 1948 No 7, sec 2 (1) (e); 1949 No 26, sec 3 (e); 1950 No 37, sec 3 (1) (e); 1951 No 52, secs 4 (1) (e), 5 (3) (e); 1952 No 52, sec 2 (1) (e); 1954 No 23, secs 3 (1) (e), 4 (1) (b); 1955 No 39, sec 2 (1) (e); 1957 No 54, sec 3 (1) (e); 1961 No 6, secs 4 (1) (e), 5 (1) (e); 1964 No 67, sec 2 (1) (e); 1969 No 17, sec 2 (1) (c); 1971 No 17, sec 3 (f); 1978 No 28, Sch 1 (16); 1992 No 35, Sch 1; 1994 No 85, Sch 1 (4). Rep 1994 No 85, Sch 3 (12).
s 10A: Ins 1942 No 12, sec 2 (1) (f). Am 1949 No 26, sec 3 (f); 1950 No 37, sec 3 (1) (f); 1951 No 52, sec 4 (1) (f); 1952 No 52, sec 2 (1) (f); 1954 No 23, secs 3 (1) (f), 4 (1) (c); 1955 No 39, sec 2 (1) (f); 1957 No 54, sec 3 (1) (f); 1961 No 6, secs 4 (1) (f), 5 (1) (f); 1964 No 67, sec 2 (1) (f); 1969 No 17, sec 2 (1) (d); 1971 No 17, sec 3 (g); 1978 No 28, Sch 1 (17); 1990 No 18, Sch 2 (4); 1994 No 85, Sch 1 (5). Rep 1994 No 85, Sch 3 (12).
s 10AA: Ins 1975 No 66, sec 3 (a). Am 1990 No 18, Sch 2 (5); 1994 No 85, Sch 2 (5). Rep 1994 No 85, Sch 3 (12).
s 10B: Ins 1961 No 6, sec 6 (a). Rep 1970 No 27, sec 2 (1) (b).
s 10C: Ins 1967 No 51, sec 2 (1) (b). Rep 1971 No 17, sec 3 (h).
s 10D: Ins 1969 No 17, sec 2 (1) (e). Rep 1971 No 17, sec 3 (i).
s 10E: Ins 1970 No 27, sec 2 (1) (c). Rep 1971 No 17, sec 3 (j).
s 10EA: Ins 1971 No 17, sec 3 (k). Am 1974 No 65, sec 3 (b); 1975 No 66, sec 3 (b); 1977 No 9, sec 2. Subst 1978 No 28, Sch 1 (18). Am 1979 No 10, Sch 1 (2); 1982 No 45, Sch 1 (1); 1990 No 18, Sch 2 (6); 1991 No 95, Sch 1 (4); 1994 No 85, Sch 2 (6). Rep 1994 No 85, Sch 3 (12).
s 10F: Ins 1970 No 27, sec 2 (1) (c). Subst 1971 No 17, sec 3 (1). Am 1974 No 65, sec 3 (c); 1978 No 28, Sch 1 (19); 1979 No 10, Sch 1 (3); 1982 No 45, Schs 1 (2), 2; 1990 No 18, Sch 2 (7); 1991 No 95, Sch 1 (5). Rep 1994 No 85, Sch 3 (12).
s 10G: Ins 1971 No 17, sec 3 (1). Am 1978 No 28, Sch 1 (20). Rep 1994 No 85, Sch 3 (12).
s 10H: Ins 1978 No 28, Sch 1 (21). Am 1979 No 10, Sch 1 (4); 1991 No 95, Sch 1 (6). Rep 1994 No 85, Sch 3 (12).
s 11: Am 1942 No 12, sec 2 (1) (g); 1948 No 7, sec 2 (1) (f); 1949 No 26, sec 3 (g); 1971 No 17, sec 3 (m); 1978 No 28, Sch 1 (22); 1992 No 81, Sch 2 (6). Rep 1994 No 85, Sch 3 (12).
s 11A: Ins 1942 No 12, sec 2 (1) (h). Am 1948 No 7, sec 3 (1) (a); 1949 No 26, sec 3 (h); 1957 No 18, sec 2 (1) (c); 1966 No 12, sec 2 (a). Subst 1970 No 27, sec 2 (1) (d). Am 1971 No 17, sec 4 (1) (b); 1978 No 28, Sch 1 (23). Rep 1994 No 85, Sch 3 (12).
s 11B: Ins 1942 No 12, sec 2 (1) (h). Am 1971 No 17, sec 3 (n). Rep 1994 No 85, Sch 3 (12).
s 12: Am 1942 No 12, sec 2 (1) (i); 1949 No 26, sec 3 (i); 1950 No 37, sec 4 (1) (a); 1969 No 17, sec 2 (1) (f); 1971 No 17, sec 3 (o). Rep 1973 No 80, sec 3. Ins 1992 No 81, Sch 2 (7). Rep 1994 No 85, Sch 3 (12).
s 13: Am 1942 No 12, sec 2 (1) (j); 1949 No 26, sec 3 (j); 1950 No 37, sec 4 (1) (b); 1952 No 52, sec 4 (1); 1954 No 23, sec 4 (1) (d); 1957 No 18, sec 2 (1) (d); 1957 No 54, sec 5 (1) (a); 1964 No 67, sec 3 (a); 1966 No 12, sec 2 (b); 1966 No 56, sec 2; 1967 No 51, sec 2 (1) (c); 1969 No 17, sec 2 (1) (g); 1970 No 27, sec 2 (1) (e); 1971 No 17, sec 3 (p); 1978 No 28, Sch 1 (24); 1979 No 10, Sch 1 (5); 1990 No 18, Sch 2 (8); 1990 No 108, Sch 2. Rep 1991 No 95, Sch 1 (7).
s 14: Am 1969 No 17, sec 2 (1) (h); 1978 No 28, Sch 1 (25); 1984 No 93, Sch 1, Part 1; 1986 No 129, Sch 1; 1991 No 95, Sch 1 (8); 1994 No 85, Sch 1 (6). Rep 1994 No 85, Sch 3 (12).
pt 2, div 3, hdg: Ins 1978 No 28, Sch 1 (26). Am 1992 No 81, Sch 3 (2). Rep 1994 No 85, Sch 3 (12).
pt 2, div 3: Rep 1994 No 85, Sch 3 (12).
s 14A: Ins 1978 No 28, Sch 1 (26). Am 1988 No 21, Sch 1 (2); 1990 No 18, Sch 1 (7); 1992 No 81, Sch 3 (4); 1994 No 85, Sch 2 (7). Rep 1994 No 85, Sch 3 (12).
s 14AA: Ins 1988 No 21, Sch 1 (3). Am 1990 No 18, Sch 1 (8); 1992 No 81, Sch 3 (5); 1994 No 85, Sch 2 (8). Rep 1994 No 85, Sch 3 (12).
s 14B: Ins 1978 No 28, Sch 1 (26). Am 1988 No 21, Sch 1 (4); 1991 No 95, Sch 1 (9); 1992 No 35, Sch 1. Rep 1992 No 81, Sch 3 (6).
s 14C: Ins 1978 No 28, Sch 1 (26). Rep 1992 No 81, Sch 3 (7).
s 14D: Ins 1978 No 28, Sch 1 (26). Am 1988 No 21, Sch 1 (5); 1991 No 95, Sch 1 (25); 1992 No 81, Sch 3 (8); 1994 No 1, Sch 2 (3). Rep 1994 No 85, Sch 3 (12).
s 14E: Ins 1978 No 28, Sch 1 (26). Am 1979 No 10, Sch 1 (6); 1982 No 102, Sch 1 (5); 1988 No 21, Sch 1 (6); 1990 No 18, Sch 1 (9). Rep 1994 No 85, Sch 3 (12).
s 14F: Ins 1978 No 28, Sch 1 (26). Am 1979 No 10, Sch 1 (7). Rep 1992 No 81, Sch 3 (9).
s 14FA: Ins 1988 No 21, Sch 1 (7). Am 1990 No 18, Sch 2 (9); 1990 No 46, Sch 1; 1991 No 95, Sch 1 (10); 1992 No 81, Sch 3 (10). Rep 1994 No 85, Sch 3 (12).
s 14FB: Ins 1988 No 21, Sch 1 (7). Am 1990 No 18, Schs 1 (10), 2 (10); 1990 No 46, Sch 1; 1992 No 81, Sch 3 (11). Rep 1994 No 85, Sch 3 (12).
s 14G: Ins 1978 No 28, Sch 1 (26). Rep 1994 No 85, Sch 3 (12).
s 14H: Ins 1978 No 28, Sch 1 (26). Am 1984 No 93, Sch 1, Part 1; 1986 No 129, Sch 1; 1990 No 18, Sch 1 (11); 1991 No 95, Sch 1 (11). Rep 1992 No 81, Sch 3 (12).
pt 2, div 4: Ins 1992 No 81, Sch 2 (8). Rep 1994 No 85, Sch 3 (12).
s 14I: Ins 1992 No 81, Sch 2 (8). Am 1994 No 1, Sch 2 (4); 1994 No 85, Sch 2 (9). Rep 1994 No 85, Sch 3 (12).
s 14J: Ins 1992 No 81, Sch 2 (8). Am 1994 No 1, Sch 2 (5); 1994 No 85, Sch 2 (10). Rep 1994 No 85, Sch 3 (12).
s 14K: Ins 1992 No 81, Sch 2 (8). Subst 1994 No 1, Sch 2 (6). Am 1994 No 85, Sch 1 (7). Rep 1994 No 85, Sch 3 (12).
s 14KA: Ins 1994 No 85, Sch 1 (8). Rep 1994 No 85, Sch 3 (12).
s 14L: Ins 1992 No 81, Sch 2 (8). Am 1994 No 1, Sch 2 (7); 1994 No 85, Schs 1 (9), 2 (11). Rep 1994 No 85, Sch 3 (12).
s 14M: Ins 1992 No 81, Sch 2 (8). Am 1994 No 85, Sch 2 (12). Rep 1994 No 85, Sch 3 (12).
s 14N: Ins 1992 No 81, Sch 2 (8). Am 1994 No 1, Sch 2 (8); 1994 No 85, Sch 2 (13). Rep 1994 No 85, Sch 3 (12).
s 14O: Ins 1992 No 81, Sch 2 (8). Rep 1994 No 85, Sch 3 (12).
s 14P: Ins 1992 No 81, Sch 2 (8). Am 1994 No 1, Sch 2 (9); 1994 No 85, Schs 1 (10), 2 (14). Rep 1994 No 85, Sch 3 (12).
s 14PA: Ins 1994 No 1, Sch 2 (10). Am 1994 No 85, Sch 2 (15). Rep 1994 No 85, Sch 3 (12).
s 14Q: Ins 1992 No 81, Sch 2 (8). Rep 1994 No 85, Sch 3 (12).
s 14R: Ins 1992 No 81, Sch 2 (8). Rep 1994 No 85, Sch 3 (12).
pt 2, div 5, hdg: Ins 1992 No 81, Sch 2 (8). Subst 1994 No 1, Sch 2 (11). Rep 1994 No 85, Sch 3 (12).
pt 2, div 5: Ins 1992 No 81, Sch 2 (8). Rep 1994 No 85, Sch 3 (12).
s 14S: Ins 1992 No 81, Sch 2 (8). Am 1994 No 1, Sch 2 (12). Rep 1994 No 85, Sch 3 (12).
s 14T: Ins 1994 No 1, Sch 2 (13). Rep 1994 No 85, Sch 3 (12).
s 14U: Ins 1994 No 1, Sch 2 (13). Am 1994 No 85, Sch 2 (16). Rep 1994 No 85, Sch 3 (12).
s 14V: Ins 1994 No 1, Sch 2 (13). Am 1994 No 85, Sch 2 (17). Rep 1994 No 85, Sch 3 (12).
Part 3 The Corporate Trustee
pt 3, hdg: Am 1994 No 85, Sch 3 (13).
15 Functions of Corporate Trustee
The Corporate Trustee has the functions conferred or imposed on it by and under this or any other Act.s 15: Am 1947 No 14, sec 3 (1); 1950 No 37, sec 5 (1) (a); 1951 No 52, sec 5 (3) (f); 1956 No 29, sec 2 (4); 1971 No 17, secs 5 (5), 6 (1) (a); 1983 No 150, Sch 2 (3); 1986 No 218, Sch 47; 1987 No 48, Sch 32; 1990 No 18, Schs 1 (12), 2 (11); 1994 No 1, Sch 4 (1). Subst 1994 No 85, Sch 3 (14).
15A (Repealed)
s 15A: Ins 1983 No 150, Sch 2 (4). Rep 1994 No 85, Sch 3 (15).
15B Power of Corporate Trustee to make determinations declaring certain persons to be mine workers for the purposes of this Act
(1) The powers of the Corporate Trustee include:(a) a power to make determinations declaring persons engaged in the coal or oil shale mining industries to be mine workers, andfor the purposes of this Act.(b) a power to specify in those determinations or in separate determinations an age not greater than 65 years as the retiring age of any of those persons,Editorial note—For determinations under this subsection see the Historical notes at the end of this Act.(2) If a determination under subsection (1) (b) specifies as the retirement age of a person an age greater than 60 years, the person may retire or be retired as a mine worker at any time after attaining 60 years of age and before attaining 65 years of age.(3) If a determination referred to in subsection (2) is in force in respect of a person, the following provisions apply:(a) a reference in any other provision of this Act to “date of retirement” is to be read, in relation to the person, as a reference to the date on which the person retires or is retired or, as the case may be, the date on which the person is to retire or to be retired,(b) a reference in section 5 or 6, express or implied, to “the commencement of this Part”, is to be read, in relation to the person, as a reference to the date on which the determination is made,(c) a reference in section 5 (subsection (6) excepted) to the age of 60 years is to be read, in relation to the person, as a reference to the retirement age that the Corporate Trustee has specified in respect of the person in the determination,(d) a reference in section 6 to the age of 60 years is to be read, in relation to the person, as a reference to the age that the Corporate Trustee has specified in the determination in respect of the person or, if the person retires or is retired before attaining that age, the age at which the person retires or is retired.(4) A determination under this section takes effect:(a) from and including a date specified in the determination (which may be the date of the determination or a date before or after that date but not earlier than the date on which the person to whom the determination relates was first engaged in the coal or oil shale mining industries), or(b) if no such date is specified—from and including the date of the determination.(5) The Corporate Trustee may not make a determination under subsection (1) (a) in respect of a person who is ordinarily engaged in the coal or oil shale mining industries for less than 10 hours per week.s 15B: Ins 1990 No 18, Sch 1 (13). Am 1991 No 95, Sch 1 (12); 1994 No 85, Sch 3 (16).
15C Corporate Trustee to maintain trust deed and governing rules
(1) On the dissolution of the Coal and Oil Shale Mine Workers’ Superannuation Tribunal:(a) the COALSUPER Trust Deed (including the COALSUPER Rules) takes effect as the trust deed and rules of the Corporate Trustee as if it had been executed by the parties named in the Deed, and(b) the occupational superannuation schemes established by this Act and by the COSAF Trust Deed are reconstituted under the COALSUPER Trust Deed for the benefit of:(i) mine workers and dormant members, and(ii) the members of the COSAF Fund, and(iii) the dependants of mine workers, dormant members and members of the COSAF Fund, and(iv) persons who, immediately before the dissolution of the Tribunal, were receiving or entitled to receive pensions under this Act.(2) The Corporate Trustee must at all times ensure:(a) that the COALSUPER Trust Deed (including the COALSUPER Rules) is consistent with the requirements of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth for a regulated superannuation fund within the meaning of that Act, and(b) that that Deed is consistent with the requirements of that Act relating to a corporate trustee of such a fund.(3) The Corporate Trustee must also ensure that the COALSUPER Trust Deed, if amended or substituted, continues to comply with this section.(4) The COALSUPER Trust Deed must:(a) prescribe the functions of the Corporate Trustee in relation to the reconstituted superannuation schemes, and(b) provide for the operation, management and investment of the Amalgamated Fund, and(c) include the COALSUPER Rules, and(d) provide for such other matters as may be necessary for the effective and efficient operation of those schemes.(4A) The COALSUPER Trust Deed must also empower the Corporate Trustee:(a) to determine the priority of claims for payment out of the Amalgamated Fund, on the winding-up of the Amalgamated Fund (or on the occurrence of any event that, in the opinion of the Corporate Trustee, makes a determination of the priority of claims on that Fund necessary or appropriate), of pensions, lump sum benefits, refunds of contributions and any other benefits required or authorised to be paid under this Act or under the COALSUPER Trust Deed, and(b) in accordance with clause 13 of the 1999 Superannuation Agreement, to distribute any surplus (determined by the actuary) that arises in Part 3 of the Fund to employers and mine workers (being employers and mine workers who are contributing to the Amalgamated Fund at the time the actuary makes the determination) on an equitable basis in proportion to their contributions to Part 3 of the Fund.(5) The COALSUPER Rules must:(a) provide for determining which persons are eligible for membership of a reconstituted superannuation scheme to which those Rules apply, and(b) prescribe the procedure for eligible persons to become members of such a scheme, and(c) determine the liability for payment of contributions to such a scheme, and(d) provide for the payment of those contributions, and(e) prescribe benefits that are payable under the Rules on the retirement of members of such a scheme (including retirement on the grounds of physical or mental incapacity) and provide for the payment of those benefits, and(f) prescribe the procedure for retirement of mine workers on the grounds of physical or mental incapacity (including the assessment of incapacity), and(g) prescribe benefits that are to be payable under such a scheme to members who are retrenched from their employment as mine workers and provide for the payment of those benefits, and(h) prescribe benefits that are to be payable to dependants of members and former members of such a scheme on the death of those members or former members and provide for the payment of those benefits, and(i) in the case of persons who are not entitled to a retirement or other benefit on ceasing to be members of such a scheme—prescribe circumstances in which those persons’ contributions (if any) are refundable, and(j) provide for a benefit under such a scheme to be preserved until a contingency arises on which the benefit is payable, and(k) provide for a preserved benefit under such a scheme to be transferred to another superannuation fund in circumstances specified in the Rules, and(l) provide for a benefit in another superannuation fund to be transferred to such a scheme in specified circumstances, and(m) prescribe the procedure for making a claim for a benefit under the Rules and for meeting such a claim, and(n) include such other provisions as the Corporate Trustee thinks necessary for the effective and efficient operation of the reconstituted schemes and the Amalgamated Fund.(6) The COALSUPER Trust Deed is invalid to the extent that it is inconsistent with this Act.(7) The Corporate Trustee must ensure that the COALSUPER Trust Deed does not in any way restrict or remove a right that:(a) a mine worker or a dormant member, or(b) a dependant of a mine worker or dormant member, orhad when that Deed, or any amendment to or substitution of that Deed, took effect. The COALSUPER Rules may, however, confer additional rights on such a mine worker, dormant member, dependant or person.(c) a person entitled to a pension under this Act or the COALSUPER Rules,(8) A conversion of a mine worker’s defined benefit in Part 3 of the Fund to an accumulation benefit in Part 2 of the Fund pursuant to the election referred to in clause 4.1 of the 1999 Superannuation Agreement is taken not to contravene subsection (7).s 15C: Ins 1994 No 85, Sch 3 (17). Am 2000 No 17, Sch 1 [4] [5].
16 (Repealed)
s 16: Am 1990 No 18, Sch 2 (12). Rep 1994 No 85, Sch 3 (18).
16A Corporate Trustee may delegate its functions
The Corporate Trustee may delegate to:(a) a member of its board of directors, or(b) a committee comprising members that include members of its board of directors, or(c) a member of its staff, orany of its functions under this Act, other than this power of delegation.(d) a person employed by it under a contract for the performance of services,s 16A: Ins 1971 No 17, sec 6 (1) (b). Am 1994 No 85, Sch 1 (11). Subst 1994 No 85, Sch 3 (19).
16B–17A (Repealed)
s 16B: Ins 1992 No 81, Sch 2 (9). Am 1994 No 85, Sch 2 (18). Rep 1994 No 85, Sch 3 (20).
s 17: Am 1983 No 150, Sch 2 (5); 1992 No 112, Sch 1. Rep 1994 No 85, Sch 3 (21).
s 17A: Ins 1994 No 85, Sch 1 (12). Rep 1994 No 85, Sch 3 (22).
Part 4 Funds and contributions
17B Definition
In this Part, Approved Company means the company approved by the Minister administering the Coal Industry Act 2001 for the purpose of exercising the function specified in section 10 (1) (l) of that Act.s 17B: Ins 2001 No 107, Sch 7.2 [1].
18 COALSUPER Retirement Income Fund (the Amalgamated Fund)
(1) On the commencement of Schedule 2 to the Coal and Oil Shale Mine Workers (Superannuation) Further Amendment Act 1994:(a) the COSAF Fund is amalgamated with the Coal and Oil Shale Mine Workers Superannuation Fund (as established under this section as in force before that commencement), and(b) the fund so established is continued with the name COALSUPER Retirement Income Fund (“the Amalgamated Fund”).(2) The Amalgamated Fund is to consist of:(a) all money that, immediately before the commencement of Schedule 2 to the Coal and Oil Shale Mine Workers (Superannuation) Further Amendment Act 1994, was credited to the Coal and Oil Shale Mine Workers Superannuation Fund and the COSAF Fund, and(b) money that is required or authorised to be paid to the Amalgamated Fund by or under this or any other Act or by the COALSUPER Trust Deed.(3) The following reserves and accounts are to be established in the Amalgamated Fund:(a) a reserve in respect of Part 2 of the Fund, comprising:(i) the mine workers’ special accounts, and(ii) the mine workers’ transferred benefits account, and(iii) the mine workers’ special salary sacrifice account,(b) a reserve in respect of Part 3 of the Fund, including (but not limited to):(i) the pension account, and(ii) the dormant members’ account,(c) such other accounts and reserves as may be established by the Corporate Trustee for the efficient management of the Fund.s 18: Am 1947 No 39, sec 2 (1) (c). Subst 1951 No 52, sec 5 (1) (b). Am 1957 No 54, sec 5 (1) (b); 1971 No 17, sec 7 (1) (a); 1978 No 28, Sch 1 (27); 1983 No 150, Schs 1 (2), 2 (6); 1992 No 81, Sch 1 (2). Subst 1994 No 85, Sch 2 (19). Am 1994 No 85, Sch 3 (23); 2000 No 17, Sch 1 [6].
18A Payments into Amalgamated Fund
There is payable into the Amalgamated Fund:(a) all contributions required to be paid by employers under this Act, and(b) all contributions required to be paid under COALSUPER Trust Deed, and(c) money paid to the Amalgamated Fund by the Approved Company for crediting to the pension account, and(d) money borrowed for the purposes of the Amalgamated Fund, and(e) income derived from the investment of money belonging to the Amalgamated Fund, and(f) other money received by or on account of the Amalgamated Fund.s 18A: Ins 1992 No 81, Sch 1 (3). Subst 1994 No 85, Sch 2 (19). Am 1994 No 85, Sch 3 (24); 2000 No 17, Sch 1 [7]; 2001 No 107, Sch 7.2 [2].
18B Payments from Amalgamated Fund
There is payable from the Amalgamated Fund:(a) all pensions, additions to pensions, lump sum benefits, refunds of contributions and other benefits required or authorised to be paid under this Act or under the COALSUPER Rules, and(b) all expenses incurred by the Corporate Trustee in the administration of this Act, and(c) all money paid towards any other benefits to be provided to mine workers and their dependants, and former mine workers and their dependants, under the COALSUPER Rules, and(d) administrative expenses arising under the COALSUPER Trust Deed, and(e) any other payments approved by the Corporate Trustee under the COALSUPER Trust Deed, and(f) all other money required by or under this or any other Act or law to be paid from the Amalgamated Fund.s 18B: Ins 1994 No 85, Sch 2 (19). Am 1994 No 85, Sch 3 (25).
18C Special provisions applicable to pension account
(1) The pension account referred to in section 18 (3) (b) (i) is to be divided into the following sub-accounts:(a) the Approved Company sub-account,(b) the Column 5 pensions increase and indexation sub-account.(2) (Repealed)(3) Credits to the Approved Company sub-account (which is a continuation of the account kept under this section as in force immediately before the date on which Schedule 7.2 [4] to the Coal Industry Act 2001 commenced) are to be in the form of an imprest account maintained at:(a) $10,000,000 (unless the Approved Company gives approval for a larger amount or paragraph (b) or (c) applies), or(b) an amount less than $10,000,000 that is approved by the Corporate Trustee (unless paragraph (c) applies), or(c) an amount less than $10,000,000 that is approved by the Corporate Trustee on the advice of an actuary as being sufficient to fund the payment of future pensions payable under the COALSUPER Rules.In paragraph (c), actuary means an actuary that the Corporate Trustee has appointed for the purpose of advising it in relation to that paragraph.(4) The Corporate Trustee must ensure that administrative arrangements are established that include the following:(a) an arrangement requiring the Corporate Trustee to submit to the Approved Company each month a statement certifying the amount of pensions and redemptions paid from money in the Approved Company sub-account during the period to which the statement relates,(b) an arrangement for interest earned on money held in the Approved Company sub-account to be credited to that sub-account and included in each monthly statement submitted to the Approved Company by the Corporate Trustee,(c) an arrangement providing for the Approved Company to pay to the Corporate Trustee each month an amount for crediting to that sub-account.The amount of the payment under paragraph (c) is to be determined by the Approved Company after consideration of the statement submitted by the Corporate Trustee for the preceding month.(5) The Corporate Trustee must ensure that all pensions and commuted pensions are paid from the Amalgamated Fund and are debited to the pension account.s 18C: Ins 1994 No 85, Sch 2 (19). Am 1994 No 85, Sch 3 (26); 2000 No 17, Sch 1 [8]–[13]; 2001 No 107, Sch 7.2 [3]–[6].
19 Contributions required to be paid to Amalgamated Fund
(1) An owner must pay contributions in accordance with this section for each mine worker employed by the owner.(2) Except for contributions paid to a complying fund other than Part 2 of the Fund, the contributions are to be paid to the Corporate Trustee for crediting to the Amalgamated Fund in accordance with this section.(2A) The owner must pay both of the following for crediting to Part 3 of the Fund:(a) for each mine worker—contributions at a weekly rate equal to the special rate,(b) for each transferee or other mine worker who is not a member of Part 3 of the Fund—the pension CPI contribution.(2B) The owner must pay contributions at a weekly rate equal to 4 per cent of the Reference Rate for crediting to Part 3 of the Fund for each mine worker who is a member of Part 3 of the Fund and is:(a) a mine worker to whom group A of the Coal Mining Industry (Supervision and Administration) Consent Award 1999, New South Wales and Tasmania (or any award that succeeds or supersedes that Award) applies, or(b) a youth or a junior, or(c) a first, second or third year apprentice.(2C) For each other mine worker who is a member of Part 3 of the Fund, the owner must pay contributions at a weekly rate equal to 5 per cent of the Reference Rate (in accordance with clause 12.1 of the 1999 Superannuation Agreement) for crediting to that Part of the Fund.(2D) For each transferee or other mine worker who is not a member of Part 3 of the Fund and is:(a) a mine worker to whom group A of the Coal Mining Industry (Supervision and Administration) Consent Award 1999, New South Wales and Tasmania (or any award that succeeds or supersedes that Award) applies, or(b) a youth or a junior, orthe owner must pay contributions at a weekly rate equal to 4 per cent of the Reference Rate (less the pension CPI contribution), for crediting to:(c) a first, second or third year apprentice,(d) Part 2 of the Fund, or(e) if the mine worker has elected to contribute to a complying fund other than Part 2 of the Fund—to that fund.(2E) For each other transferee or other mine worker who is not a member of Part 3 of the Fund, the owner must pay contributions at a weekly rate equal to 5 per cent of the Reference Rate (less the pension CPI contribution) (in accordance with clauses 12.2 and 12.3 of the 1999 Superannuation Agreement), for crediting to:(a) Part 2 of the Fund, or(b) if the mine worker has elected to contribute to a complying fund other than Part 2 of the Fund—to that fund.(3) For each eligible mine worker the owner must also pay contributions at a weekly rate, in accordance with the COALSUPER Trust Deed:(a) in the case of a mine worker who contributes to Part 2 of the Fund—to the Corporate Trustee for crediting to the mine worker’s special account in that Part of the Fund, and(b) in the case of a mine worker who has elected to contribute to a complying fund other than Part 2 of the Fund—to that fund.A mine worker is an eligible mine worker for the purposes of this subsection if the mine worker is an eligible employee within the meaning of Part 2 of the COALSUPER Trust Deed.(4) An owner:(a) must pay a contribution under this section in respect of a mine worker for each week for which the mine worker is an employee of the owner, and(b) must pay that contribution immediately after the end of the pay period to which the employment relates.(4A) Despite the other provisions of this section, the Corporate Trustee may, by notice published in the Gazette, suspend (for a time specified in the notice or until publication of a further notice under this subsection) owners’ obligations under subsection (2A) to pay contributions at a weekly rate equal to the special rate.(4B) A notice referred to in subsection (4A) may be published only:(a) after considering a relevant report of the actuary, and(b) with the agreement of the shareholders of the Corporate Trustee.(5) If a contribution required to be paid under this section is overdue for more than 14 days, the Corporate Trustee may charge interest on the overdue amount at the rate of interest that, at the time when the interest first becomes payable, is advertised as the overdraft reference rate of the Commonwealth Bank for amounts in excess of $100,000.(6) Interest payable under this section is recoverable in the same way as unpaid contributions and any interest paid or recovered under this section is to be credited to the Amalgamated Fund.(7) In this section, special rate means such rate as may be fixed from time to time by the Corporate Trustee by determination published in the Gazette:(a) after considering a relevant report of the actuary, and(b) with the agreement of the shareholders of the Corporate Trustee.(8) (Repealed)s 19: Am 1947 No 14, sec 4 (1); 1948 No 7, sec 3 (1) (b); 1949 No 26, sec 4; 1951 No 52, sec 5 (1) (c); 1961 No 6, sec 6 (b); 1965 No 20, sec 2; 1970 No 27, sec 2 (1) (f); 1971 No 17, secs 7 (1) (b), 8 (1); 1978 No 28, Sch 1 (28); 1982 No 102, Sch 2 (1); 1988 No 21, Sch 1 (8); 1991 No 95, Sch 1 (13). Subst 1992 No 81, Sch 2 (10). Am 1994 No 1, Sch 2 (14); 1994 No 85, Sch 1 (13). Subst 1994 No 85, Sch 2 (20). Am 1994 No 85, Sch 3 (27); 2000 No 17, Sch 1 [14]–[16].
19AA Records and notices relating to employment of mine worker
(1) An owner must keep, in a form approved by the Corporate Trustee and in relation to each mine worker employed by the owner, a record of:(a) the date of birth of the mine worker, and(b) the date on which the mine worker became employed by the owner, and(c) the date on which the mine worker ceased to be employed by the mine owner.(2) As soon as practicable after a mine worker ceases to be employed by an owner, the owner must give a written notice that complies with subsection (3) to the Corporate Trustee.Maximum penalty: 5 penalty units.(3) The notice is to contain the following particulars:(a) the name of the mine worker, and(b) the date on which the mine worker ceased to be employed by the owner, and(c) the reason for the cessation of employment of the mine worker.s 19AA: Ins 1992 No 81, Sch 2 (10). Am 1994 No 85, Sch 3 (28).
19AB Returns to be provided by owners
(1) Not later than 31 July in each year, each owner must provide the Corporate Trustee with a return that is in a form approved by the Corporate Trustee and sets out the payments made by the owner to the Corporate Trustee under section 19 in respect of the year ending on the last preceding 30 June.Maximum penalty: 5 penalty units.(2) The return is to include the following information:(a) the names, in alphabetical order, of the mine workers in relation to whom an amount has been paid to the Corporate Trustee in the year to which the return relates, and(b) the date of birth of each of those mine workers, and(c) the total amount that has been paid by the owner to the Corporate Trustee in relation to each of those mine workers during the year to which the return relates.s 19AB: Ins 1992 No 81, Sch 2 (10). Am 1994 No 85, Sch 3 (29).
19AC Information to be provided to Corporate Trustee
(1) At the end of each week, each owner must provide the Corporate Trustee with such information as the Corporate Trustee may reasonably require in relation to the mine workers employed by the owner.Maximum penalty: 5 penalty units.(2) Not later than 3 months after the end of the financial year applicable in respect of a coal or oil shale mine, the owner must provide to the Corporate Trustee a certificate by an auditor certifying that, in respect of each mine worker employed by the owner, the owner has contributed the amounts required under this Act (including under the COALSUPER Rules).Maximum penalty: 5 penalty units.s 19AC: Ins 1992 No 81, Sch 2 (10). Am 1994 No 85, Sch 3 (30); 1996 No 92, Sch 1.1 (1).
19AD Corporate Trustee to set pension CPI rate
(1) The Corporate Trustee is to determine the rate required from time to time to fund the indexation, by reference to the Consumer Price Index in accordance with clause 11 of the 1999 Superannuation Agreement, of Column 5 pensions.(2) Any such determination:(a) is to be made after considering a relevant report of the actuary, and(b) is to have effect for a period specified in the determination, and(c) may be varied by the Corporate Trustee following an annual assessment by an actuary.(3) In this section, Consumer Price Index means the Consumer Price Index (All Groups—Weighted Average of eight capital cities) issued by the Australian Statistician.s 19AD: Ins 2000 No 17, Sch 1 [17].
Part 4A Coal and oil shale mine workers compensation subsidies
pt 4A: Ins 1947 No 39, sec 2 (1) (a). Am 1992 No 35, Sch 2.
19A Eligibility of mine workers for subsidies
(1) Any mine worker who, in respect of incapacity due to the inhalation of dust in coal or oil shale mines in New South Wales:(a) has at any time before or after the commencement of the Coal and Oil Shale Mine Workers (Pensions) Further Amendment Act 1947 been awarded compensation under the Workers’ Compensation Act 1926, or the Workers Compensation Act 1987, orshall be eligible for a subsidy in accordance with the provisions of this Part.(b) has at any time before the commencement of the Coal and Oil Shale Mine Workers (Pensions) Further Amendment Act 1947 received compensation pursuant to any agreement with an insurer within the meaning of the Workers’ Compensation Act 1926,(2) Notwithstanding anything contained in subsection (1) a mine worker who, in respect of incapacity due to the inhalation of dust in coal or oil shale mines in New South Wales, has after the commencement of the Coal and Oil Shale Mine Workers (Pensions) Further Amendment Act 1947 been awarded compensation under the Workers’ Compensation Act 1926 shall, where such award was made operative from a date prior to such commencement, be deemed to have been eligible for a subsidy from such date in accordance with the provisions of this Part.(3) A mine worker who in accordance with the foregoing provisions of this section is eligible for a subsidy in accordance with the provisions of this Part shall not be entitled to any benefits under the COALSUPER Rules relating to the payment of pensions.s 19A: Ins 1947 No 39, sec 2 (1) (a). Am 1949 No 26, sec 5 (a); 1951 No 52, sec 6 (1) (a); 1971 No 17, sec 9 (1) (a); 1978 No 28, Sch 1 (29); 1987 No 79, Sch 1; 1994 No 85, Sch 3 (31).
19B Amount of subsidy
(1) The amount of subsidy per week payable to any mine worker eligible for a subsidy in pursuance of section 19A shall, subject to any deductions required to be made as hereinafter provided, be:(a) the maximum amount per week which would be payable by way of compensation in accordance with the provisions of the Workers’ Compensation Act 1926 or the Workers Compensation Act 1987 (whichever is applicable), to or in respect of such mine worker had such mine worker been awarded compensation for total incapacity due to the inhalation of dust,(b) an amount equivalent to the pension that the mine worker would have been entitled to receive per week under the relevant provisions of the COALSUPER Rules had the mine worker been under 65 years of age and eligible to receive that pension, together with such additions as the mine worker would be entitled to receive per week under the relevant provisions of those Rules had the mine worker been eligible to receive that pension, orwhichever is the greater.(c) in the case of a mine worker who would not be entitled to a pension at the married person’s rate if eligible to receive a pension under the relevant provisions of those Rules—the amount prescribed by those Rules for such a mine worker,(1A) (Repealed)(2) The deductions which shall be made from any subsidy per week payable to a mine worker under this Part shall be:(a) except where the amount of the subsidy is determined under subsection (1) (c), an amount equal to the amount by which (if the mine worker were receiving a pension under the relevant provisions of the COALSUPER Rules) that pension and any additions to that pension that the mine worker would be receiving under the relevant provisions of those Rules, would have been reduced, having regard to the relevant provisions of those Rules,(b) where any weekly payments of compensation are payable to or in respect of the mine worker under the Workers’ Compensation Act 1926 or the Workers Compensation Act 1987 or any agreement referred to in paragraph (b) of subsection (1) of section 19A—the amount of such weekly payments.(2AA) However, in the case of a mine worker who is of or over 60 years of age, subsection (2) (b) does not operate so as to reduce the subsidy payable to the mine worker to an amount less than that to which the mine worker would have been entitled if the mine worker were receiving:(a) a pension under the COALSUPER Rules, and(b) any additions to the pension that the mine worker would have been receiving under those Rules.(2A) Where a weekly subsidy is payable to a mine worker under this Part and such mine worker has been offered and has accepted employment in accordance with the provisions of paragraph (d) of subsection (1) of section 19F, an amount equivalent to one-third of such subsidy shall be deducted, during the period of such employment, from the amount of subsidy to which such mine worker is eligible in accordance with the provisions of subsection (1) and subsection (2).(3) Where a mine worker has received or receives a lump sum in redemption or commutation of weekly payments of compensation under the Workers’ Compensation Act 1926 or the Workers Compensation Act 1987 or any agreement referred to in paragraph (b) of subsection (1) of section 19A, no subsidy shall be payable to such mine worker until the expiration of a period ascertained as follows:The period shall be the period during which, if the weekly payments of compensation to such mine worker under the award or agreement in respect of such compensation had been continued as from the date of acceptance of such lump sum, the total sum would have been so payable to such mine worker as from such date would have been equal to the amount of such lump sum, less such portion of such lump sum as the Corporate Trustee is satisfied has either before or after the commencement of the Coal and Oil Shale Mine Workers (Superannuation) Amendment Act 1950 been applied by the mine worker in the purchase of the mine worker’s home, redeeming any mortgage on the mine worker’s home, or payment of medical expenses in connection with incapacity due to the inhalation of dust.In calculating the total sum which would have been so payable to such mine worker for the purposes of this subsection, no regard shall be had to any provision of this Act that would, but for this paragraph, require the deduction of any amount from such total sum.(4) The disqualification under subsection (3) shall:(a) in respect of a mine worker who, before the first day of November, one thousand nine hundred and fifty-one, has attained the age of sixty years, cease to have effect on the said date,(b) in respect of a mine worker who, after such date, attains the age of sixty years, cease to have effect upon the date on which the mine worker attains that age.(5) (Repealed)(6) Paragraphs (b) and (c) of subsection (1) do not apply to or in respect of a mine worker entitled to a lump sum benefit payment under the COALSUPER Rules.s 19B: Ins 1947 No 39, sec 2 (1) (a). Am 1949 No 26, sec 5 (b); 1950 No 37, sec 5 (1) (b) (c); 1951 No 52, sec 6 (1) (b); 1954 No 23, sec 4 (1) (e); 1957 No 18, sec 2 (1) (e); 1964 No 67, sec 3 (b); 1969 No 17, sec 2 (1) (i); 1971 No 17, sec 9 (1) (b); 1978 No 28, Sch 1 (30); 1982 No 45, Sch 1 (3); 1987 No 13, Sch 1 (2); 1987 No 79, Sch 1; 1991 No 95, Sch 1 (14); 1994 No 85, Sch 3 (32).
19BA Conversion of subsidy payments into lump sum
(1) A mine worker who has been awarded a subsidy under this Part may elect to be paid, instead of weekly payments, a lump sum in accordance with this section.(2) As soon as practicable after awarding a subsidy to a mine worker, the Corporate Trustee must send to the mine worker a notice in writing advising the mine worker of:(a) the mine worker’s right to elect to be paid a lump sum, and(b) the amount of the lump sum, and(c) the conditions applicable to its payment.(3) An election by a mine worker to be paid a lump sum:(a) must be made in a form approved by the Corporate Trustee, and(b) must be received in the office of the Corporate Trustee not later than 4 months after the mine worker is notified under subsection (2) of the right to make the election.(4) If an election is not received in the office of the Corporate Trustee by the due date because of any mistake, unavoidable delay or other good cause, the Corporate Trustee may accept the election subject to such conditions as it thinks fit.(5) An election takes effect on such date as the Corporate Trustee determines.(6) The amount of the lump sum to be paid to a mine worker:(a) shall be determined by the Corporate Trustee after taking into consideration the advice of an actuary appointed for the purpose by the Corporate Trustee, and(b) shall be the amount which, having regard to the life expectancy of the mine worker and other relevant factors at the date of the determination, fairly represents, in the opinion of the Corporate Trustee, the equivalent of the future weekly payments that would have been payable to or in respect of the mine worker if the mine worker had not elected to be paid a lump sum.(7) If a lump sum is paid to a mine worker under this section instead of weekly payments of subsidy:(a) the weekly payments do not become payable to the mine worker, or cease to be payable to the mine worker, as the case requires, and(b) a pension is not payable under the COALSUPER Rules on the death of the mine worker.(8) If a mine worker who makes an election under this section dies before payment of the lump sum is made, the Corporate Trustee shall pay the lump sum to the personal representative of the deceased.s 19BA: Ins 1987 No 13, Sch 1 (3). Am 1994 No 85, Sch 3 (33).
19C Coal and Oil Shale Mine Workers Compensation Subsidy Fund
(1) There shall be established under this Part a Fund to be known as the Coal and Oil Shale Mine Workers Compensation Subsidy Fund (hereinafter in this Part referred to as the Subsidy Fund).(2) The Subsidy Fund shall consist of such moneys as are required or authorised by this Act to be paid into that Fund.(3) There shall be payable out of the Subsidy Fund:(a) all subsidies payable to mine workers in pursuance of this Part,(b) the expenses involved in the administration of this Part.(4) The Corporate Trustee is responsible for administering the Subsidy Fund in accordance with this Part.(5) (Repealed)s 19C: Ins 1947 No 39, sec 2 (1) (a). Am 1983 No 150, Sch 1 (3); 1994 No 85, Sch 3 (34).
19CA Corporate Trustee may invest Subsidy Fund
(1) The Corporate Trustee may invest the money held in the Subsidy Fund in any manner authorised for the investment of trust funds.(2) The Corporate Trustee may also invest that money in any manner in which it is authorised by the COALSUPER Trust Deed to invest money held in the Amalgamated Fund.s 19CA: Ins 1994 No 85, Sch 3 (35).
19D Owners to pay contributions to Subsidy Fund when required
(1) The Corporate Trustee must:(a) for the period of 12 months beginning on 1 July on or after which Schedule 3 to the Coal and Oil Shale Mine Workers (Superannuation) Further Amendment Act 1994 commences, andmake an estimate of the amount required by the Subsidy Fund for the payment of subsidies and other amounts payable from the Subsidy Fund and for the provision of a reserve in connection with that Fund.(b) for each subsequent period of 12 months beginning on 1 July,(2) The amount to be set aside for the reserve is to be determined by the Corporate Trustee at the end of each period of 12 months referred to in subsection (1).(3) An estimate for the purposes of this section must be made not later than 31 March preceding the period to which the estimate relates.(4) The Corporate Trustee may, as and when necessary:(a) determine the basis on which the amount estimated is to be distributed among the owners, and(b) assess, on the basis of that determination, the amount that each owner must pay, and(c) serve on each owner a notice specifying the amount assessed in respect of the owner.The Corporate Trustee must publish its determination in a publication accessible to owners. The Corporate Trustee can determine different amounts and different criteria for assessing the contributions of different owners.(5) An owner must pay to the Corporate Trustee the amount specified in a notice served on the owner in accordance with subsection (4). The amount must be paid by such date as is specified in the notice. The date must not be less than 14 days after service of the notice.(6) If, in a period of 12 months beginning on 1 July, the amount of subsidy per week payable to mine workers is increased, the estimate made by the Corporate Trustee in accordance with this section is taken to be varied to the extent necessary to include the amount required for payment of the increased subsidies. The estimate as varied is, for the purposes of this Act, taken to be the estimate of the amount required by the Subsidy Fund for that period:(a) for the payment of subsidies and other amounts payable from that Fund, and(b) for the provision of a reserve in relation to that Fund.(7) If an amount payable by an owner under this section is overdue for more than 14 days, the Corporate Trustee may charge interest on the amount at the rate of interest that, at the time when the interest first becomes payable, is advertised as the overdraft reference rate of the Commonwealth Bank for amounts in excess of $100,000.(8) The Corporate Trustee may recover interest charged under subsection (7) in the same way as it can recover contributions.(9) The Corporate Trustee must pay any interest that it receives under this section to the Subsidy Fund.(10) In this section, owner does not include:(a) a manufacturer of coke, or(b) the South Maitland Railways Proprietary Limited, or(c) the New Redhead Estate and Coal Company Limited.s 19D: Ins 1947 No 39, sec 2 (1) (a). Am 1952 No 52, sec 5 (a); 1961 No 6, sec 6 (c); 1962 No 29, sec 2; 1971 No 17, sec 9 (1) (c); 1982 No 102, Sch 2 (2). Subst 1994 No 85, Sch 3 (36).
19E Subsidies—special provisions
(1) Where any mine worker has been awarded a subsidy under this Part the subsidy shall, subject to sections 19BA, 19F, 19G and 19H and the other provisions of this Act, be payable to the mine worker until the mine worker’s death or the repeal of this Part, whichever is the earlier.(2) Upon the death of any mine worker who has been awarded a subsidy under this Part no payment from the Subsidy Fund shall be paid to any dependant of such mine worker.No mine worker shall be paid more than one subsidy under this Part.s 19E: Ins 1947 No 39, sec 2 (1) (a). Am 1987 No 13, Sch 1 (4).
19F Conditions attaching to and suspension of weekly payments of subsidy
(1) Where a mine worker is eligible for or has been awarded a subsidy under this Part the mine worker shall forthwith upon being requested by the Corporate Trustee so to do:(a) register for employment at the office of the Commonwealth Employment Service nearest to the mine worker’s place of residence,(b) (Repealed)(c) make application for an age or invalid pension,(d) accept available employment (not being relief work) offered to the mine worker through the Commonwealth Employment Service where such employment is not inconsistent either in itself or by reason of the conditions under which it is performed with the maintenance of the mine worker’s health.(2) Acceptance of employment (whether under subsection (1) or otherwise) by a mine worker eligible for or to whom a subsidy has been awarded or by the mine worker’s dependants shall forthwith be notified to the Corporate Trustee by such mine worker.(3) Where the Corporate Trustee determines that a mine worker has, without reasonable cause or excuse, failed to comply with any of the provisions of this section no subsidy shall be payable to such mine worker in respect of the period during which such failure continues or such less period as the Corporate Trustee may fix.(4) This section does not apply to a mine worker who is paid a lump sum under section 19BA instead of weekly payments of subsidy.s 19F: Ins 1947 No 39, sec 2 (1) (a). Am 1951 No 52, sec 6 (1) (c); 1971 No 17, sec 9 (1) (d); 1987 No 13, Sch 1 (5); 1994 No 85, Schs 1 (14), 3 (37).
19G Application of certain provisions of this Act to subsidies
(1) Sections 20, 22 and 29 apply with appropriate modifications to and in respect of subsidies under this Part.(2) The Corporate Trustee may cancel a subsidy payable to a mine worker if it is satisfied that the payment of the subsidy was improperly obtained or that the award of the subsidy was contrary to this Act.(3) The provisions of the COALSUPER Rules providing for the making of an application for a pension under those Rules apply to an application for a subsidy in the same way as they apply to an application for such a pension.s 19G: Ins 1947 No 39, sec 2 (1) (a). Subst 1994 No 85, Sch 3 (38).
19H Suspension of weekly payments of subsidy in certain cases
(1) Where any mine worker who is eligible for or who has been awarded a subsidy pursuant to this Part is sentenced to imprisonment for any period in excess of one month, the mine worker’s subsidy rights pursuant to this Part shall be suspended during the period of such imprisonment.(2) While a mine worker who is eligible for, or who has been awarded, a subsidy under this Part is a mentally incapacitated person, the mine worker’s subsidy rights under this Part are suspended if the Corporate Trustee so determines. While such a determination is in force, any person who would, if the mine worker were dead, have been eligible for a pension under the COALSUPER Rules:(a) is eligible for such a pension as if the mine worker were dead, and(b) is entitled to retain the whole of the pension for the person’s own use.(3) This section does not apply to a mine worker who is paid a lump sum under section 19BA instead of weekly payments of subsidy.s 19H: Ins 1947 No 39, sec 2 (1) (a). Am 1971 No 17, sec 9 (1) (e); 1982 No 102, Sch 2 (3); 1987 No 13, Sch 1 (6); 1990 No 18, Sch 2 (13); 1994 No 85, Sch 3 (39).
Parts 4B, 4C
19HA–19T (Repealed)
pt 4B, hdg: Ins 1971 No 17, sec 10. Am 1992 No 81, Sch 3 (13). Rep 1994 No 85, Sch 3 (40).
pt 4B: Ins 1971 No 17, sec 10. Rep 1994 No 85, Sch 3 (40).
s 19HA: Ins 1992 No 81, Sch 3 (14). Am 1994 No 1, Sch 3 (1). Rep 1994 No 85, Sch 3 (40).
s 19I: Ins 1971 No 17, sec 10. Am 1992 No 81, Sch 3 (15); 1994 No 85, Sch 2 (21). Rep 1994 No 85, Sch 3 (40).
s 19J: Ins 1971 No 17, sec 10. Am 1975 No 66, sec 3 (c); 1978 No 28, Sch 1 (31); 1991 No 95, Sch 1 (15); 1994 No 1, Sch 3 (2); 1994 No 85, Sch 2 (22). Rep 1994 No 85, Sch 3 (40).
s 19K: Ins 1971 No 17, sec 10. Am 1975 No 66, sec 4; 1978 No 28, Sch 1 (32); 1991 No 95, Sch 1 (16). Rep 1994 No 1, Sch 3 (3).
s 19L: Ins 1978 No 28, Sch 1 (33). Am 1984 No 32, Sch 1; 1988 No 21, Sch 1 (9); 1991 No 95, Sch 1 (17); 1992 No 81, Sch 3 (16); 1994 No 1, Sch 3 (4); 1994 No 85, Sch 2 (23). Rep 1994 No 85, Sch 3 (40).
s 19M: Ins 1978 No 28, Sch 1 (33). Subst 1991 No 95, Sch 1 (18). Rep 1994 No 1, Sch 3 (5).
s 19MA: Ins 1991 No 95, Sch 1 (19). Rep 1994 No 85, Sch 3 (40).
pt 4C: Ins 1983 No 150, Sch 1 (4). Rep 1994 No 85, Sch 3 (41).
s 19N: Ins 1983 No 150, Sch 1 (4). Am 1994 No 85, Sch 2 (24). Rep 1994 No 85, Sch 3 (41).
s 19O: Ins 1983 No 150, Sch 1 (4). Am 1992 No 35, Sch 1; 1992 No 81, Sch 2 (11); 1994 No 85, Sch 2 (25). Rep 1994 No 85, Sch 3 (41).
ss 19P–19T: Ins 1983 No 150, Sch 1 (4). Rep 1994 No 85, Sch 3 (41).
Part 5 Miscellaneous
20 Pensions to be inalienable
(1) A pension payable under the COALSUPER Rules is not capable of being alienated.(2) However, subsection (1) does not prevent the Corporate Trustee, either with or without the consent of the pensioner, from paying such a pension or part of such a pension to a person for the benefit of the pensioner.(3) A person must not demand or accept from another person who is entitled to a pension under the COALSUPER Rules a document, or an acknowledgment or undertaking, that would constitute a legal or equitable assignment of, or a charge on, the pension had the pension been capable of being lawfully assigned or charged.Maximum penalty: 10 penalty units.s 20: Am 1992 No 112, Sch 1. Subst 1994 No 85, Sch 3 (42).
21 (Repealed)
s 21: Am 1948 No 7, sec 3 (1) (c); 1949 No 26, sec 6; 1971 No 17, sec 11 (a); 1982 No 102, Sch 2 (4); 1990 No 18, Sch 2 (14). Rep 1994 No 85, Sch 3 (43).
22 Appointment of person to receive pension or lump sum benefit payment
(1) If a person who is entitled to a pension payment or a lump sum benefit payment under the COALSUPER Rules is for any reason unable to give a receipt for the payment, the Corporate Trustee may determine that the payment is to be made to another person on the person’s behalf.(2) The receipt of the other person for any such payment is a valid discharge.s 22: Am 1978 No 28, Sch 1 (34). Subst 1994 No 85, Sch 3 (44).
23 Questions may be referred to Industrial Relations Commission in Court Session
(1) The Corporate Trustee may refer any question arising under this Act or the COALSUPER Trust Deed to the Industrial Relations Commission in Court Session for determination.(2) (Repealed)(3) All persons interested and appearing before the Industrial Relations Commission in Court Session at the hearing of a reference under this section are entitled to be heard.s 23: Am 1986 No 129, Sch 1; 1994 No 85, Sch 1 (15). Subst 1994 No 85, Sch 3 (44). Am 1996 No 121, Sch 4.10 [1]–[3].
23A (Repealed)
s 23A: Ins 1986 No 129, Sch 1. Am 1994 No 85, Sch 1 (16). Rep 1994 No 85, Sch 3 (45).
24 Unpaid contributions recoverable as debt
(1) The Corporate Trustee may, by proceedings brought in a court of competent jurisdiction, recover as a debt owing to that Trustee all contributions and other money payable by owners to the Amalgamated Fund or the Subsidy Fund that has not been paid by the due date.(2) If in any proceedings against any person for failure to pay any contribution payable under section 19 or section 19D within the time prescribed the defendant alleges that the defendant is exempt from the obligation to pay the contribution, or that the defendant has paid the contribution, the burden of proving such exemption or payment shall be on the defendant.s 24: Am 1947 No 39, sec 2 (1) (d); 1994 No 85, Sch 3 (46).
25–28B (Repealed)
s 25: Am 1978 No 28, Sch 1 (35). Rep 1994 No 85, Sch 3 (47).
s 25A: Ins 1991 No 95, Sch 1 (26). Rep 1994 No 85, Sch 3 (47).
s 26: Subst 1983 No 153, Sch 2. Rep 1994 No 85, Sch 3 (47).
s 27: Am 1947 No 39, sec 2 (1) (e); 1971 No 17, sec 11 (b). Subst 1978 No 28, Sch 1 (36). Am 1983 No 150, Sch 2 (7); 1991 No 95, Sch 1 (20); 1992 No 81, Sch 2 (12); 1994 No 85, Sch 2 (26). Rep 1994 No 85, Sch 3 (47).
s 27A: Ins 1983 No 150, Sch 2 (8). Rep 1994 No 85, Sch 3 (47).
s 27B: Ins 1991 No 95, Sch 1 (21). Subst 1994 No 1, Sch 4 (2). Am 1994 No 85, Sch 2 (27). Rep 1994 No 85, Sch 3 (47).
s 28: Am 1951 No 52, sec 5 (3) (g); 1971 No 17, sec 11 (c). Rep 1991 No 95, Sch 1 (22).
s 28A: Ins 1978 No 28, Sch 1 (37). Rep 1994 No 85, Sch 3 (47).
s 28B: Ins 1978 No 28, Sch 1 (37). Am 1979 No 10, Sch 1 (8). Rep 1994 No 85, Sch 3 (47).
29 Offences relating to benefit payments
(1) A person who, for the purpose of obtaining a pension, lump sum benefit or other payment under this Act or the COALSUPER Rules, either for himself or herself or for another person:(a) makes a statement knowing it to be false or misleading in a material respect, or(b) attempts to mislead the Corporate Trustee or any of its officers or employees or the Industrial Relations Commission in Court Session or any other person, oris guilty of an offence.(c) engages in any other kind of fraudulent conduct,Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.(2) Where a person is convicted of an offence under subsection (1) and it is made to appear that, in consequence of such offence the person was wrongly paid any amount by way of pension or lump sum benefit payment, the convicting court may, in addition to the penalty or punishment referred to in that subsection, impose a penalty or additional penalty not exceeding twice the amount so wrongly paid.s 29: Am 1978 No 28, Sch 1 (38); 1983 No 150, Sch 2 (9); 1990 No 18, Sch 2 (15); 1992 No 112, Sch 1; 1994 No 85, Schs 1 (17), 3 (48); 1996 No 121, Sch 4.10 [3].
30 Recovery of penalties
(1) Any penalty imposed by or under this Act or the regulations may be recovered in a summary manner before a Local Court constituted by a Magistrate sitting alone.(2) Any Magistrate may in any proceedings for a penalty under this Act or the regulations make such order as to the payment of costs as may be thought just, and may assess the amount of such costs.s 30: Am 1971 No 17, sec 11 (d); 1990 No 18, Sch 2 (16).
31 (Repealed)
s 31: Rep 1994 No 85, Sch 3 (49).
32 Regulations
(1) The Governor may make regulations not inconsistent with this Act prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.(2) (Repealed)(3) A regulation may impose a penalty not exceeding 5 penalty units for an offence against the regulation.(4)–(7) (Repealed)s 32: Am 1947 No 39, sec 2 (1) (f); 1952 No 52, sec 5 (b); 1975 No 66, sec 3 (d); 1978 No 28, Sch 1 (39); 1979 No 10, Sch 1 (9); 1980 No 84, sec 3 (b); 1983 No 150, Sch 2 (10); 1986 No 218, Sch 47; 1987 No 48, Sch 32; 1990 No 18, Sch 1 (14); 1992 No 112, Sch 1; 1994 No 85, Sch 3 (50).
32A Temporary modification of Act
(1) Subject to subsection (2), regulations may be made under which the provisions of this Act are taken to be modified if the Minister certifies to the Governor that:(a) an event referred to in clause 10 (b) of the Restructuring Agreement (the provisions of which, as varied by the 1999 Superannuation Agreement, are set out in Part 2 of Schedule 3) has occurred, and(b) the principles to be given effect by the regulations have been agreed to by the shareholders of the Corporate Trustee.(2) A regulation referred to in this section:(a) may be made only for or with respect to matters for or with respect to which this Act makes provision, and(b) may be made with effect from 3 January 1993 or a later date, whether or not it is made after, or published in the Gazette after, the date on which it is to take effect, and(c) is revoked 12 months after being made, unless earlier revoked or otherwise ceasing to have effect, and(d) has no effect in so far as, but for this paragraph, it would directly or indirectly amend this section or Part 3.s 32A: Ins 1992 No 81, Sch 2 (13). Am 2000 No 17, Sch 1 [18] [19].
33 Savings and transitional provisions
Schedule 2 has effect.s 33: Ins 1988 No 20, Sch 20.
Schedule 1 (Repealed)
sch 1: Ins 1971 No 17, sec 12. Am 1971 No 66, sec 2 (1); GG No 66 of 23.6.1972, p 2476; GG No 122 of 17.11.1972, p 4589; GG No 51 of 19.4.1973, p 1393; GG No 139 of 2.11.1973, p 4719; GG No 48 of 26.4.1974, p 1541, GG No 123 of 11.10.1974, p 3999; GG No 85 of 20.6.1975, p 2380; GG No 171 of 24.12.1975, p 5511; GG No 5 of 9.1.1976, p 110; GG No 72 of 28.5.1976, p 2241; GG No 148 of 19.11.1976, p 5121; GG No 52 of 27.5.1977, p 2063; GG No 56 of 3.6.1977, p 2169; GG No 154 of 16.12.1977, p 5533. Subst and renumbered 1978 No 28, Sch 1 (40). Am GG No 82 of 14.7.1978, p 3018 (1); GG No 3 of 5.1.1979, p 38 (2). Amounts varied 1979 No 10, Sch 2, cl 1 (1) (3). Am GG No 102 of 3.8.1979, p 3806 (4); GG No 163 of 30.11.1979, p 6035 (5); GG No 31 of 22.2.1980, p 846 (6), GG No 84 of 13.6.1980, p 3038 (7); GG No 102 of 1.8.1980, p 3939 (8); GG No 170 of 14.11.1980, p 5888 (9); GG No 38 of 6.3.1981, p 1477 (10); GG No 64 of 1.5.1981, p 2480 (11); GG No 99 of 10.7.1981, p 3749 (11); GG No 174 of 13.11.1981, p 5849 (12); GG No 31 of 26.2.1982, p 836 (13); GG No 110 of 20.8.1982, p 3830 (14); GG No 122 of 10.9.1982, p 4251 (15); GG No 172 of 16.12.1983, p 5692 (16); GG No 76 of 18.5.1984, p 2529 (17); GG No 82 of 17.5.1985, p 2167 (18); GG No 8 of 10.1.1986, p 132 (19); GG No 136 of 29.8.1986, p 4213 (20); GG No 192 of 12.12.1986, p 6123 (21); GG No 38 of 7.4.1989, p 1804 (22); GG No 51 of 20.4.1990, pp 3258 (23), 3260 (24); GG No 76 of 15.6.1990, p 4894 (25); GG No 129 of 19.10.1990, p 9213 (26); GG No 153 of 1.11.1991, p 9229 (27). Rep 1994 No 85, Sch 3 (51).
Schedule 2 Savings and transitional provisions
(Section 33)
Part 1 Preliminary
1 (Repealed)
2 Savings and transitional regulations
(1) Regulations may be made under section 32 containing provisions of a savings or transitional nature consequent on the enactment of the following Acts:(2) Any such provision may, if the regulations so provide:(a) take effect on the date of assent to the Act concerned or a later date, or(b) take effect on 1 July 1992 or a later date, if it is a provision consequent on the enactment of Schedule 1 to the Coal and Oil Shale Mine Workers (Superannuation) Amendment Act 1992, and section 3 of that Act in its application to that Schedule, or(c) take effect on 1 July 1990 or a later date, if it is a provision consequent on the enactment of the provisions of Schedule 1 to the Coal and Oil Shale Mine Workers (Superannuation) Amendment Act 1994, and section 3 of that Act in its application to those provisions.(3) To the extent to which any such provision takes effect on a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Part 2 Provisions consequent on enactment of Coal and Oil Shale Mine Workers (Superannuation) Amendment Act 1992
3 Queensland mine worker who, before 3 January 1993, retired, was disabled or died
Despite its repeal on 3 January 1993, section 4A as in force immediately before its repeal continues to apply to and in respect of a Queensland mine worker who, on or after 4 December 1989 and before the repeal, had retired, had become disabled, had been retrenched or had died.
4 Western Australian mine worker who, before 3 January 1993, retired, was disabled, retrenched or died
(1) Section 4A, as in force before its repeal on 3 January 1993, is taken, from and including 1 July 1990 until its repeal, to have applied to a person employed in the coal mining industry in Western Australia in the same way as it applied to a person employed in the coal mining industry in Queensland.(2) Despite its repeal on 3 January 1993, that section, as so in force, is taken to continue to apply to and in respect of a person employed in the coal mining industry in Western Australia if, before the repeal, the person had retired, had become disabled, had been retrenched or had died.
Part 3 Provision consequent on enactment of Coal and Oil Shale Mine Workers (Superannuation) Amendment Act 1994
5 Validation of interest payment
If the interest paid in respect of a refund of contributions made under section 19J (as in force before the commencement of Schedule 3 (6) to the Coal and Oil Shale Mine Workers (Superannuation) Amendment Act 1994) exceeds the interest allowed by subsection (1A) of that section (as so in force), but did not exceed the interest that would have been payable in respect of the refund if the provisions of Schedule 4 had been applicable to the refund at the time of its payment, the payment of interest is validated and taken to have been lawfully made.
Part 4 Provisions consequent on Schedule 1 to Coal and Oil Shale Mine Workers (Superannuation) Further Amendment Act 1994
6 Certain payments taken to comply with section 14L (Lump sum benefit payable for incapacity of mine worker)
If a person to whom a lump sum benefit was payable under section 14L of this Act has died, the payment of the benefit to the person’s personal representatives before the commencement of this Part is taken to have been lawfully made even though the amendment made to that section by the Coal and Oil Shale Mine Workers (Superannuation) Further Amendment Act 1994 was not in force at the time of payment.
6A Payments under section 14L (Lump sum benefit payable for incapacity of mine worker)
(1) This clause applies to a person to whom a lump sum benefit was paid under section 14L (2) or (3) of this Act, as inserted by the Coal and Oil Shale Mine Workers (Superannuation) Amendment Act 1992 and repealed by the Coal and Oil Shale Mine Workers (Superannuation) Further Amendment Act 1994.(2) Any such person is taken to be entitled to, and to have been entitled to be paid, a benefit equivalent to the greater amount of the amounts of benefit calculated in accordance with section 14L (4) and (5), as so inserted and repealed.
7 Certain payments taken to comply with section 19 (Contributions)
Any contribution paid by an owner under section 19 of this Act (as in force during the period beginning with the commencement of Schedule 2 (10) to the Coal and Oil Shale Mine Workers (Superannuation) Amendment Act 1992 and ending with the commencement of this Part) is taken to have been paid on the basis that it was paid in respect of the mine worker concerned for each week during which the mine worker was an employee of the owner and not as provided by subsection (3) of that section (as so in force).
Part 5 Provisions consequent on Schedule 2 to Coal and Oil Shale Mine Workers (Superannuation) Further Amendment Act 1994
8 Power to make orders fixing Reference Rate
An order of the Minister fixing a Reference Rate for the purposes of section 2 (5) and in force immediately before the commencement of this Part is, after that commencement, taken to be an order made by the Tribunal for those purposes.
9 Tribunal’s functions relating to Pension Account
(1) An approval or arrangement given or entered into by the Tribunal in relation to the Pension Account under section 18A (as in force immediately before the commencement of this Part) is taken to be an approval or arrangement given or entered into by the Tribunal in relation to the Pension Account under section 18C.(2) An agreement entered into by the Tribunal in relation to the Pension Account under section 18A (as in force immediately before the commencement of this Part) is taken to be an approval given by the Tribunal in relation to the Pension Account under section 18C.
10 Orders fixing “special rate” for the purposes of section 19
An order of the Minister fixing a special rate for the purposes of section 19 and in force immediately before the commencement of this Part is, after that commencement, taken to be an order made by the Tribunal for those purposes.
Part 6 Provisions consequent on Schedule 3 to Coal and Oil Shale Mine Workers (Superannuation) Further Amendment Act 1994
11 Definition of “Tribunal”
In this Part, Tribunal means the Coal and Oil Shale Mine Workers’ Superannuation Tribunal.
12 Dissolution of Tribunal
(1) The Tribunal is dissolved on the commencement of this Part.(2) On the dissolution of the Tribunal, the following provisions have effect:(a) by virtue of this clause and without the need for any conveyance, transfer, assignment or assurance, the assets vested in the Tribunal vest in the Corporate Trustee as trustee for:(i) those mine workers and dormant workers who are or may become entitled to receive benefits under the COALSUPER Rules, and(ii) the dependants of mine workers and dormant members who are or may become entitled to receive benefits under those Rules, and(iii) those persons who, immediately before the dissolution of the Tribunal, were receiving or entitled to receive pensions under this Act,(b) the rights and liabilities of the Tribunal become, by virtue of this clause, the rights and liabilities of the Corporate Trustee,(c) all proceedings pending before, by or against the Tribunal are taken to be proceedings pending before, by or against the Corporate Trustee,(d) any act, matter or thing done or omitted to be done in relation to the Tribunal is (to the extent that that act, matter or thing has any force or effect) taken to have been done or omitted to be done by, to or in respect of the Corporate Trustee.(3) Subject to this Act:(a) mine workers and dormant members, and(b) the dependants of mine workers and dormant members, andhave the same rights and obligations in relation to the Amalgamated Fund after that Fund has become vested in the Corporate Trustee as they had before that dissolution.(c) persons who were, immediately before the dissolution of the Tribunal, receiving or entitled to receive pensions under this Act,(4) Subject to this Act, an owner has the same obligations and liabilities in relation to the COALSUPER Retirement Income Fund after it has become vested in the Corporate Trustee as the owner had before the dissolution of the Tribunal.(5) The operation of this clause is subject to such modifications as may, from time to time, be made by regulations made under clause 2 of this Schedule.
13 Special provisions with respect to transfer of assets and other matters
(1) The operation of this Part is not to be regarded:(a) as a breach of contract or confidence or otherwise as a civil wrong, or(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability.(2) The operation of this Part is not to be regarded as an event of default under any contract or other instrument.
14 Tribunal members to vacate office
A person who, immediately before the dissolution of the Tribunal, held office as a member of the Tribunal:(a) ceases to hold office as such on that dissolution, and(b) is not entitled to any remuneration or compensation because of the loss of that office.
15 Orders and directions of Tribunal
If an order or direction of the Tribunal made for a purpose of a provision of this Act is in force immediately before the commencement of this Part and the Corporate Trustee is, after that commencement, required or authorised to make a determination for that purpose under that provision (as in force after the commencement of this Part), the order or direction is taken to be a determination of the Corporate Trustee made for that purpose under that provision.
16 Notices given to Tribunal under section 2K (Notices under section 2J)
A notice given to the Tribunal under section 2K in relation to a person (other than a mine worker) who has not commenced work in or about, or in connection with, a coal or oil shale mine in New South Wales before the commencement of this Part is taken to have been given to the Corporate Trustee under that section (as in force after that commencement).
17 Power of Tribunal to suspend operation of provisions of section 5 (Employment after 60 years of age prohibited)
(1) If the operation of section 5 (1) and (2) is suspended in their application to and in respect of any specified employment of a specified mine worker when this Part commences, then, until revoked, the suspension continues to have effect as if it had been made by the Corporate Trustee.(2) If such a suspension is subject to conditions imposed by the Tribunal, those conditions are taken to have been imposed by the Corporate Trustee.(3) Any certificate of exemption issued by the Tribunal in relation to any such suspension is taken to have been issued by the Corporate Trustee.
18 Applications for lump sum benefit under section 14S
Despite the repeal of Divisions 3–5 of Part 2 of this Act by Schedule 3 (12) to the Coal and Oil Shale Mine Workers (Superannuation) Further Amendment Act 1994, the Corporate Trustee may dispose of an application for a lump sum benefit that has not been disposed of by the Tribunal before the commencement of this Part. For that purpose, the Corporate Trustee has the same functions that the Tribunal would have had under those Divisions if they had not been repealed.
19 Contracts and arrangements entered into by the Tribunal
(1) Any contract or arrangement entered into by the Tribunal under this Act is, if not completed or terminated before the commencement of this Part, taken to be a contract or an arrangement entered into by the Corporate Trustee.(2) This clause does not apply to an arrangement under section 18C.
20 Powers of Tribunal in respect of inquiries and investigations
If any inquiry or investigation undertaken by the Tribunal under section 17 (as in force immediately before the commencement of this Part) has not been completed, the Corporate Trustee may complete the inquiry or investigation despite the repeal of that section.
21 Tribunal’s functions relating to Pension Account
An approval or arrangement given or entered into by the Tribunal under section 18C and in force immediately before the commencement of this Part is taken to be an approval or arrangement given or entered into by the Corporate Trustee under that section (as in force after that commencement).
22 Tribunal’s functions relating to contributions payable under section 19
(1) A payment required to be made to the Tribunal under section 19 and not paid before the commencement of this Part is taken to be a payment required to be made to the Corporate Trustee under that section (as in force after that commencement).(2) An order made or taken to be made by the Tribunal fixing a special rate for the purposes of section 19 and in force immediately before the commencement of this Part is, after that commencement, taken to be a determination made by the Corporate Trustee for those purposes.
23 Approval and notices under sections 19AA and 19AB
(1) An approval given by the Tribunal for the purposes of section 19AA or 19AB (as in force before the commencement of this Part) is taken to be an approval given by the Corporate Trustee for the purposes of that section (as in force after that commencement) until the approval is revoked by that Trustee.(2) A notice given by an owner for the purposes of section 19AA (as in force before the commencement of this Part) is taken to be a notice given by the owner for the purposes of that section (as in force after that commencement).
24 Requirements under section 19AC (Information to be provided to Tribunal)
A requirement made under section 19AC (as in force before the commencement of this Part) is, to the extent that it has not been complied with before that commencement, taken to be a requirement made by the Corporate Trustee under that section (as in force after that commencement).
25 Notices sent by Tribunal under section 19BA (Conversion of subsidy payments into lump sum)
A notice sent by the Tribunal in accordance with section 19BA within 4 months before the commencement of this Part is taken to be a notice sent by the Corporate Trustee under that section (as in force after that commencement).
26 Estimates under section 19D (Contributions to Subsidy Fund)
An estimate made by the Tribunal under section 19D (as in force immediately before the commencement of this Part) and not implemented under that section in relation to the period for which it was made is taken to be an estimate made by the Corporate Trustee for that period.
27 Suspension of pensions in certain cases
(1) If a person who has been awarded a pension in accordance with this Act or the COALSUPER Rules is sentenced to imprisonment for more than 1 month, the person’s pension rights are suspended for the period of imprisonment. Any person who would, if the pensioner were dead, have been eligible for a pension in accordance with those Rules, is eligible for such a pension during the period of imprisonment.(2) While a mine worker who is eligible for, or who has been awarded, a pension in accordance with this Act or the COALSUPER Rules is a mentally incapacitated person, the person’s pension rights are, if the Corporate Trustee so determines, suspended. While such a determination is in force, any person who would, if the mine worker were dead, have been eligible for a pension in accordance with the COALSUPER Rules:(a) is eligible for such a pension as if the mine worker were dead, and(b) is entitled to retain the whole of the pension for the person’s own use.(3) While a person who is eligible for, or who has been awarded, a pension in accordance with this Act or the COALSUPER Rules (either because of the death of a mine worker or because of the operation of section 19H (2) or this clause) is a mentally incapacitated person, the person’s pension rights are, if the Corporate Trustee so determines, suspended.(4) The period for which the pension rights of an incapacitated person are suspended under this clause does not, if the Corporate Trustee so determines, include a period while the person is on leave from a hospital (being a hospital within the meaning of the Mental Health Act 1990) before the person’s discharge.(5) The eligibility of a person for a pension in accordance with this Act or the COALSUPER Rules (either because of the death of a mine worker or because of the operation of section 19H (2) or this clause), and the rights conferred on the person by this clause, cease on a determination of the Corporate Trustee under subclause (4).(6) The spouse of a mine worker who is eligible for a pension under the COALSUPER Rules who has been deserted by the mine worker or has been left by the mine worker without support and who satisfies the Corporate Trustee:(a) that the spouse has taken proceedings against the mine worker for an order for the payment of maintenance under the Family Law Act 1975 of the Commonwealth and either:(i) that the spouse has failed to obtain such an order, or(ii) that the spouse has obtained such an order but the order has not been complied with, andis, while deserted or left without support, eligible for a pension in accordance with those Rules as if the mine worker were dead.(b) that the whereabouts of the mine worker are unknown,(7) The spouse of a mine worker who is receiving a pension under this Act or the COALSUPER Rules who has been deserted by the mine worker or who has been left by the mine worker without support and who satisfies the Corporate Trustee:(a) that the spouse has taken proceedings against the mine worker for an order for the payment of maintenance under the Family Law Act 1975 of the Commonwealth and that any order under that Act as a result of the proceedings has not been complied with, andis, while deserted or left without support, eligible for a pension of the appropriate amount prescribed by the COALSUPER Rules.(b) that the whereabouts of the mine worker are unknown,(8) If a pension is awarded to the spouse of a mine worker under subclause (6) or (7), the Corporate Trustee may suspend the pension payable to the mine worker.(9) In this clause, spouse, in relation to a mine worker, includes any person of the opposite sex with whom the mine worker is living as the mine worker’s spouse on a bona fide domestic basis.(10) Despite section 15C, this clause is subject to any provision of the COALSUPER Rules to the contrary.
28 Suspension of benefits under section 19H or 21
If:(a) a subsidy right is suspended by order of the Tribunal in accordance with section 19H of this Act (as in force immediately before the commencement of this Part), orthe right or pension is taken to be suspended by a determination of the Corporate Trustee made under section 19H of this Act or clause 27 of this Schedule (as in force after that commencement).(b) a pension is suspended by order of the Tribunal in accordance with section 21 of this Act (as so in force),
29 References to Industrial Court
The Industrial Court of New South Wales may continue to hear and determine a question referred under section 23 (as in force immediately before the commencement of this Part) after that commencement as if the question had been referred to that Court under that section (as in force after that commencement).
30 Appeals relating to disputes
(1) Despite the repeal of section 23A by Schedule 3 (45) to the Coal and Oil Shale Mine Workers (Superannuation) Further Amendment Act 1994, the Corporate Trustee may determine a dispute that had arisen under this Act before the commencement of that repeal but had not been determined by the Tribunal under that section before its repeal.(2) Any person aggrieved by a determination of the Corporate Trustee under subclause (1) may appeal against the determination to the Industrial Court of New South Wales. Such an appeal must be made within 6 months after the date of the Corporate Trustee’s determination, or within such further period as that Court may allow.(3) Any person aggrieved by a determination of the Tribunal under section 23A (as in force before the repeal of that section by Schedule 3 (45) to the Coal and Oil Shale Mine Workers (Superannuation) Further Amendment Act 1994) may, if the determination was made within the 6 months preceding that repeal, appeal against the determination to the Industrial Court of New South Wales. Such an appeal must be made within 6 months after the date of the Tribunal’s determination, or within such further period as that Court may allow.(4) The Industrial Court may continue to hear and determine an appeal made under section 23A before the repeal of that section by Schedule 3 (45) to the Coal and Oil Shale Mine Workers (Superannuation) Further Amendment Act 1994 as if that repeal had not taken effect.
31 Applications under Coal and Oil Shale Mine Workers (Superannuation) Regulation 1983
An application lodged with, or a notice forwarded to the Registrar in accordance with the Coal and Oil Shale Mine Workers (Superannuation) Regulation 1983 (as in force before the commencement of this Part) is taken to have been lodged with, or forwarded to, the Corporate Trustee in accordance with that Regulation (as in force after that commencement).
Part 7 Provisions consequent on enactment of Coal and Oil Shale Mine Workers (Superannuation) Amendment (1999 Superannuation Agreement) Act 2000
32 Special rate
The rate specified in section 19 (7) (a), as that paragraph was in force immediately before 1 July 2000 (being the date of the repeal and re-enactment of section 19 (7) by Schedule 1 [16] to the Coal and Oil Shale Mine Workers (Superannuation) Amendment (1999 Superannuation Agreement) Act 2000), is taken to be the special rate for the purposes of section 19 until a rate is fixed by the Corporate Trustee in accordance with section 19 (7) as so re-enacted.
sch 2: Ins 1988 No 20, Sch 20. Am 1990 No 18, Sch 1 (15); 1992 No 81, Sch 3 (17); 1994 No 1, Schs 1 (4), 3 (6); 1994 No 85, Schs 1 (18), 2 (28), 3 (52); 1996 No 92, Sch 1.1 (2) (3); 2000 No 17, Sch 1 [20] [21].
Schedule 3 Accumulation Fund and Restructuring Agreement
(Section 2)
Part 1 Accumulation Fund
1 Parties to Agreement
For the purposes of the definition of Restructuring Agreement in section 2 (1), the parties to the Agreement are:• The New South Wales Coal Association, a registered organisation of employers, 221 Elizabeth Street, Sydney, New South Wales.• Cumnock No 1 Colliery Pty Ltd, a registered company, of PO Box 246, Singleton, New South Wales.• The United Mine Workers, a Division of the Construction, Forestry and Mining Employees’ Union, a registered trade union, 72–74 Buckingham Street, Surry Hills, New South Wales.• The Federated Engine Drivers’ and Firemens’ Association, a registered trade union, 361 Kent Street, Sydney, New South Wales.• The Metal and Engineering Workers’ Union, a registered trade union, 136 Chalmers Street, Surry Hills, New South Wales.• The Electrical Trades Union of Australia, a registered trade union, 52 Bay Street, Rockdale, New South Wales.• The Australian Collieries’ Staff Association, 91 Frederick Street, Merewether, New South Wales.• The Colliery Officials’ Association of NSW, a registered trade union, Unit 7 Medcalf Centre, 50 Medcalf Street, Warners Bay, New South Wales.• The New South Wales Coal Mine Managers’ Association, a registered trade union, Lot 8 Rodney Road, Mt Vincent, New South Wales.
Part 2 Renegotiation of Restructuring Agreement
(Sections 14R and 32A)
2 Text of Restructuring Agreement
The text of clause 10 of the Restructuring Agreement is as set out below.10 RENEGOTIATION(a) The parties recognise that during the life of this Agreement, circumstances on which this Agreement is founded may change. In the event that such changes occur and the intention of the parties to this Agreement is significantly adversely affected, the parties commit to renegotiation of this Agreement. Any renegotiation between the parties will commence from the basis of the funding arrangements which were in place immediately prior to the commencement of this Agreement i.e. contributions as a percentage of the Reference Rate of:• employer contributions—7.5% ordinary and 5.5% special• employee contributions—2.5% ordinary and 1.75% special(b) Changed circumstances which would necessitate a renegotiation of the 1992 Restructuring Agreement and the 1999 Superannuation Agreement include, but are not limited to:(i) changes in marginal tax rates which reduce the benefit of salary sacrifice;(ii) a judicial decision or interpretation, legislation or a Tax Office ruling, that the methods adopted to fund CoalSuper are no longer available, or are significantly less effective, or unenforceable;(iii) amendment to the MP Act, or other legislative change, the result of which makes the 1992 Restructuring Agreement or the 1999 Superannuation Agreement, significantly less effective;(iv) legislation which invalidates or impairs the operation of the Salary Sacrifice Agreement.
Part 3 1999 Superannuation Agreement
3 Parties
For the purpose of the definition of 1999 Superannuation Agreement in section 2 (1), the parties to the Agreement are:• NEW SOUTH WALES MINERALS COUNCIL LIMITED, a Company limited by guarantee whose registered office is situated at 13th Floor, 227 Elizabeth Street, Sydney, New South Wales, 2000.• CONSTRUCTION FORESTRY MINING AND ENERGY UNION, MINING AND ENERGY DIVISION, an organisation registered under the Workplace Relations Act, 1996 Commonwealth whose registered office is situated at 13–15 Wentworth Avenue, East Sydney, New South Wales, 2011.• AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION, NEW SOUTH WALES BRANCH, an organisation of employees registered under the Industrial Relations Act, 1996 New South Wales whose registered office is situated at 133 Parramatta Road, Granville, New South Wales, 2142.• ELECTRICAL TRADES UNION OF AUSTRALIA, NEW SOUTH WALES BRANCH, an organisation of employees registered under the Industrial Relations Act, 1996, New South Wales whose registered office is situated at Level 5, 370 Pitt Street, Sydney, New South Wales, 2000.• AUSTRALIAN COLLIERIES’ STAFF ASSOCIATION an organisation registered under the Workplace Relations Act, 1996, Commonwealth whose registered office is situated at 91 Frederick Street, Merewether, New South Wales, 2291.• THE COLLIERY OFFICIALS ASSOCIATION OF NEW SOUTH WALES, an organisation of employees registered under the Industrial Relations Act, 1996, New South Wales whose registered office is situated at Unit 7, 50 Medcalf Street, Warners Bay, New South Wales, 2282.• NEW SOUTH WALES COAL MINE MANAGERS’ ASSOCIATION, an unregistered association whose office is situated at 10 Hallet Place, Singleton Heights, New South Wales, 2330.
sch 3: Ins 1992 No 81, Sch 2 (14). Am 2000 No 17, Sch 1 [22] [23].
Schedule 4 (Repealed)
sch 4: Ins 1992 No 81, Sch 2 (14). Am 1994 No 1, Sch 3 (7). Rep 1994 No 85, Sch 3 (53).