Coal and Oil Shale Mine Workers
(Superannuation) Act 1941 No 45
Status information
Currency of version
Historical version for 6 July 2009 to 31 January 2015 (generated 5 February 2015 at 11:19).
Legislation on the NSW legislation website is usually updated within 3 working days.
Provisions in force
All the provisions displayed in this version of the legislation have commenced. For commencement and
other details see the Historical notes.
Formerly known as:
Coal and Oil Shale Mine Workers (Pensions) Act 1941
Does not include amendments by:
Work Health and Safety (Mines) Act 2013 No 54 (not commenced — to commence on 1.2.2015)
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel’s Office and published
on the NSW legislation website.
New South Wales
Coal and Oil Shale Mine Workers
(Superannuation) Act 1941 No 45
Contents
Page
Part 1
Preliminary
1
1A
2
2A
2B–2I
2J
2K
3–4
4A
Part 2 5–14V
Part 3
Name of Act, commencement and construction
Contributions and benefits payable on and after 3 January 1993
Definitions
Cessation of legal effect of agreements
(Repealed)
Further extension of the definition of mine worker
Notices under section 2J
(Repealed)
Special provisions for persons engaged in the coal mining industry in a
reciprocating State
2
2
2
6
6
6
8
8
8
(Repealed)
9
The Corporate Trustee
15
15A
15B
15C
16
16A
Functions of Corporate Trustee
10
(Repealed)
10
Power of Corporate Trustee to make determinations declaring certain persons
to be mine workers for the purposes of this Act
10
Corporate Trustee to maintain trust deed and governing rules
10
(Repealed)
12
Corporate Trustee may delegate its functions
12
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Coal and Oil Shale Mine Workers (Superannuation) Act 1941 No 45 [NSW]
Contents
Page
16B–17A
Part 4
12
Funds and contributions
17B
18
18A
18B
18C
19
19AA
19AB
19AC
19AD
Part 4A
(Repealed)
Definition
AUSCOAL Superannuation Fund (the Amalgamated Fund)
Payments into Amalgamated Fund
Payments from Amalgamated Fund
Special provisions applicable to pension account
Special rate contributions required to be paid to the Amalgamated Fund
Records and notices relating to employment of mine worker
Returns to be provided by owners
Information to be provided to Corporate Trustee
(Repealed)
13
13
13
14
14
15
15
15
16
16
Coal and oil shale mine workers compensation subsidies
19A
19B
19BA
19C
19CA
19D
19E
19F
19G
19H
Eligibility of mine workers for subsidies
Amount of subsidy
Conversion of subsidy payments into lump sum
Coal and Oil Shale Mine Workers Compensation Subsidy Fund
Corporate Trustee may invest Subsidy Fund
Owners to pay contributions to Subsidy Fund when required
Subsidies—special provisions
Conditions attaching to and suspension of weekly payments of subsidy
Application of certain provisions of this Act to subsidies
Suspension of weekly payments of subsidy in certain cases
17
17
19
19
20
20
21
21
21
22
(Repealed)
22
Parts 4B, 4C
19HA–19T
Part 5
Miscellaneous
20
21
22
23
23A
24
25–28B
29
30
31
32
32A
33
Schedule 1
Schedule 2
Schedule 3
Schedule 4
Pensions to be inalienable
(Repealed)
Appointment of person to receive pension or lump sum benefit payment
Questions may be referred to Industrial Relations Commission in Court
Session
(Repealed)
Unpaid contributions recoverable as debt
(Repealed)
Offences relating to benefit payments
Recovery of penalties
(Repealed)
Regulations
(Repealed)
Savings and transitional provisions
(Repealed)
Savings and transitional provisions
Accumulation Fund and Restructuring Agreement
(Repealed)
Notes
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23
23
23
23
23
23
23
23
24
24
24
24
24
25
26
36
37
Coal and Oil Shale Mine Workers (Superannuation) Act 1941 No 45 [NSW]
Contents
Page
Table of amending instruments
Table of amendments
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39
45
New South Wales
Coal and Oil Shale Mine Workers
(Superannuation) Act 1941 No 45
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.
Historical version valid from 6.7.2009 to 31.1.2015 (generated on 5.02.2015 at 11:19)
Coal and Oil Shale Mine Workers (Superannuation) Act 1941 No 45 [NSW]
Part 1 Preliminary
Part 1
1
Preliminary
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)
(b)
Parts 1 and 5 shall commence on the day upon which the assent of His Majesty
to this Act is signified.
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.
1A
(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 Mine Health and Safety Act 2002.
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 AUSCOAL Trust Deed.
(2)–(4)
2
(Repealed)
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 AUSCOAL Superannuation Fund, that was formerly
named the COALSUPER Retirement Income Fund as referred to in section 18.
AUSCOAL Rules means the AUSCOAL Superannuation Fund Rules, that were
formerly named the COALSUPER Rules, (as amended or substituted from time to
time) included in the AUSCOAL Trust Deed that govern the occupational
superannuation schemes to which the AUSCOAL Trust Deed relates.
AUSCOAL Trust Deed means the AUSCOAL Superannuation Fund Trust Deed,
that was formerly named the COALSUPER Trust Deed (as amended or substituted
from time to time) for the reconstitution of the occupational superannuation schemes
referred to in section 15C (1).
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.
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Coal and Oil Shale Mine Workers (Superannuation) Act 1941 No 45 [NSW]
Part 1 Preliminary
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 AUSCOAL 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 AUSCOAL 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, or
(e) a person who is engaged in work declared by a determination in force under
section 2J to be mine work,
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Coal and Oil Shale Mine Workers (Superannuation) Act 1941 No 45 [NSW]
Part 1 Preliminary
but does not include such a person who is ordinarily so engaged or employed for less
than 10 hours per week.
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, and
(c) where a coal or oil shale mine is being worked by a contractor—in addition to
any other person, the contractor,
but, 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.
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.
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.
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
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(b)
(c)
(d)
(2)
(3), (4)
(5)
the work that the mine worker was employed to perform has been completed,
or
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
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).
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.
(Repealed)
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, and
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(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,
and 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.
(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)
2A
Notes included in this Act do not form part of this Act.
Cessation of legal effect of agreements
The following agreements do not have any legal effect from the commencement of
this section insofar as they require contributions to be made to Part 2 or Part 3 of the
Amalgamated Fund as referred to in the AUSCOAL Trust Deed or to another fund
to which the mine worker has elected to contribute:
(a) the Restructuring Agreement,
(b) the 1999 Superannuation Agreement,
(c) the Industrial Agreement made on 6 September 1988 between N.S.W. Colliery
Proprietors’ Association Limited and 8 trade unions,
(d) the Industrial Agreement made on 14 May 1991 between New South Wales
Coal Association, Cornwall Coal Company No Liability and 4 trade unions.
Note. New South Wales Coal Mining Industry Statutory Superannuation Fund (Salary
Sacrifice) Agreement (ODN No 292 of 1992) is revoked by order of the Australian Industrial
Relations Commission dated 14 May 2008.
2B–2I
(Repealed)
Editorial note. For regulations under section 2D before its repeal, see the Historical notes at the end of this
Act.
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.
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(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)–(10B)
(11)
(Repealed)
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.
(12)
(13), (14)
(15)
For the purposes of this Act, all mine work shall be deemed to be work in or about a
coal or oil shale mine.
(Repealed)
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).
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2K
3–4
4A
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.
(Repealed)
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, and
(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,
but, for the purpose of calculating any benefit, industry service in New South Wales
only (and no other service) is to be taken into account.
(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:
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(a)
(b)
(c)
(5)
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
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
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.
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.
Part 2
5–14V
(Repealed)
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Part 3 The Corporate Trustee
Part 3
15
The Corporate Trustee
Functions of Corporate Trustee
The Corporate Trustee has the functions conferred or imposed on it by and under this
or any other Act.
15A
(Repealed)
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 power to make determinations
declaring persons engaged in the coal or oil shale mining industries to be mine
workers for the purposes of this Act.
Editorial note. For determinations under this subsection see the Historical notes at the end of
this Act.
(2), (3)
15C
(Repealed)
(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) in respect
of a person who is ordinarily engaged in the coal or oil shale mining industries for
less than 10 hours per week.
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.
Note. The COALSUPER Trust Deed (including the COALSUPER Rules) has been renamed
the AUSCOAL Superannuation Fund Trust Deed (including the AUSCOAL Superannuation
Fund Rules) by amendment of the Trust Deed and Rules.
(2)
The Corporate Trustee must at all times ensure:
(a) that the AUSCOAL Trust Deed (including the AUSCOAL 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
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(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 AUSCOAL Trust Deed, if amended
or substituted, continues to comply with this section.
(4)
The AUSCOAL 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 AUSCOAL Rules, and
(d) provide for such other matters as may be necessary for the effective and
efficient operation of those schemes.
(4A)
The AUSCOAL 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 AUSCOAL Trust Deed.
(b) (Repealed)
(5)
The AUSCOAL 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
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(m)
(n)
16
16A
prescribe the procedure for making a claim for a benefit under the Rules and
for meeting such a claim, and
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 AUSCOAL Trust Deed is invalid to the extent that it is inconsistent with this
Act.
(7)
The Corporate Trustee must ensure that the AUSCOAL 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, or
(c) a person entitled to a pension under this Act or the AUSCOAL Rules,
had when that Deed, or any amendment to or substitution of that Deed, took effect.
The AUSCOAL Rules may, however, confer additional rights on such a mine
worker, dormant member, dependant or person.
(8)
(Repealed)
(Repealed)
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, or
(d) a person employed by it under a contract for the performance of services,
any of its functions under this Act, other than this power of delegation.
16B–17A
(Repealed)
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Part 4
17B
Funds and contributions
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.
18
AUSCOAL Superannuation 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.
Note. The Amalgamated Fund has been renamed the AUSCOAL Superannuation Fund by
amendment of the Trust Deed and Rules.
(3)
18A
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.
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 AUSCOAL 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.
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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 AUSCOAL 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
AUSCOAL Rules, and
(d) administrative expenses arising under the AUSCOAL Trust Deed, and
(e) any other payments approved by the Corporate Trustee under the AUSCOAL
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.
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 AUSCOAL 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.
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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)
19
The Corporate Trustee must ensure that all pensions and commuted pensions are paid
from the Amalgamated Fund and are debited to the pension account.
Special rate contributions required to be paid to the Amalgamated Fund
(1)
An owner must make contributions at a special rate at intervals determined by the
Corporate Trustee in respect of each mine worker employed by the owner for
crediting to Part 3 of the Fund.
(2)
The amount of the special rate is the amount determined from time to time by the
Corporate Trustee after considering a relevant report of the actuary.
(3)
If a contribution required to be paid under this section is overdue for more than 21
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.
(4)
Interest payable under this section is recoverable in the same way as unpaid
contributions and any interest paid or recovered is to be credited to the Amalgamated
Fund.
(5)
Contributions under this section are in addition to the amount of any contributions to
superannuation that are payable in respect of each mine worker under the AUSCOAL
Trust Deed, this or any other Act of the State or any Act of the Commonwealth.
Note. Liability for minimum employer contributions to employee superannuation arises under
the Superannuation Guarantee Charge Act 1992 of the Commonwealth and is regulated under
the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth.
19AA
19AB
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.
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.
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(2)
19AC
19AD
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.
Information to be provided to Corporate Trustee
(1)
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 no later than 21 days after the end of each month.
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
AUSCOAL Rules).
Maximum penalty: 5 penalty units.
(Repealed)
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Part 4A Coal and oil shale mine workers compensation subsidies
Part 4A Coal and oil shale mine workers compensation
subsidies
19A
19B
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, or
(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,
shall be eligible for a subsidy in accordance with the provisions of this Part.
(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 AUSCOAL Rules relating to the payment of
pensions.
Amount of subsidy
(1)
(1A)
(2)
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 AUSCOAL
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, or
(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,
whichever is the greater.
(Repealed)
The deductions which shall be made from any subsidy per week payable to a mine
worker under this Part shall be:
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(a)
(b)
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 AUSCOAL 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,
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 AUSCOAL 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)
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(6)
19BA
19C
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 AUSCOAL Rules.
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 AUSCOAL 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.
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,
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(b)
19CA
19D
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)
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 AUSCOAL Trust Deed to invest money held in the Amalgamated
Fund.
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, and
(b) for each subsequent period of 12 months beginning on 1 July,
make 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.
(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.
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(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)
19E
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.
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.
19F
19G
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.
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.
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Parts 4B, 4C Coal and oil shale mine workers compensation subsidies
19H
(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 AUSCOAL 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.
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 AUSCOAL 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.
Parts 4B, 4C
19HA–19T
(Repealed)
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Part 5 Miscellaneous
Part 5
20
Miscellaneous
Pensions to be inalienable
(1)
A pension payable under the AUSCOAL 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 AUSCOAL 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.
21
(Repealed)
22
Appointment of person to receive pension or lump sum benefit payment
23
23A
24
25–28B
29
(1)
If a person who is entitled to a pension payment or a lump sum benefit payment under
the AUSCOAL 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.
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
AUSCOAL 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.
(Repealed)
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.
(Repealed)
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 AUSCOAL 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
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(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,
or
(c) engages in any other kind of fraudulent conduct,
is guilty of an offence.
Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.
(2)
30
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.
Recovery of penalties
(1)
Any penalty imposed by or under this Act or the regulations may be recovered in a
summary manner before the Local Court.
(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.
31
(Repealed)
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)
32A
33
(Repealed)
(Repealed)
Savings and transitional provisions
Schedule 2 has effect.
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Schedule 1
(Repealed)
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Schedule 2 Savings and transitional provisions
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:
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act 1990
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act 1992
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act 1994
Coal and Oil Shale Mine Workers (Superannuation) Further Amendment Act 1994
Superannuation Legislation Amendment Act 1996
Coal and Oil Shale Mine Workers (Superannuation) Amendment (1999
Superannuation Agreement) Act 2000
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act 2006
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act 2008
(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, or
(d) take effect on 1 July 2006 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 2008, 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.
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Part 2
3
Provisions consequent on enactment of Coal and Oil
Shale Mine Workers (Superannuation) Amendment Act
1992
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
5
Provision consequent on enactment of Coal and Oil
Shale Mine Workers (Superannuation) Amendment Act
1994
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
6
Provisions consequent on Schedule 1 to Coal and Oil
Shale Mine Workers (Superannuation) Further
Amendment Act 1994
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
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(Superannuation) Amendment Act 1992 and repealed by the Coal and Oil Shale Mine
Workers (Superannuation) Further Amendment Act 1994.
(2)
7
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.
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
8
Provisions consequent on Schedule 2 to Coal and Oil
Shale Mine Workers (Superannuation) Further
Amendment Act 1994
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
10
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.
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
11
Provisions consequent on Schedule 3 to Coal and Oil
Shale Mine Workers (Superannuation) Further
Amendment Act 1994
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:
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(a)
(b)
(c)
(d)
13
14
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,
the rights and liabilities of the Tribunal become, by virtue of this clause, the
rights and liabilities of the Corporate Trustee,
all proceedings pending before, by or against the Tribunal are taken to be
proceedings pending before, by or against the Corporate Trustee,
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, and
(c) persons who were, immediately before the dissolution of the Tribunal,
receiving or entitled to receive pensions under this Act,
have 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.
(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.
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.
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.
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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
18
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.
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
20
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.
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).
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22
23
24
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.
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).
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.
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28
(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, and
(b) that the whereabouts of the mine worker are unknown,
is, while deserted or left without support, eligible for a pension in accordance with
those Rules as if the mine worker were dead.
(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, and
(b) that the whereabouts of the mine worker are unknown,
is, while deserted or left without support, eligible for a pension of the appropriate
amount prescribed by the COALSUPER Rules.
(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.
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), or
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(b)
a pension is suspended by order of the Tribunal in accordance with section 21
of this Act (as so in force),
the 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).
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
31
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.
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
32
Provisions consequent on enactment of Coal and Oil
Shale Mine Workers (Superannuation) Amendment
(1999 Superannuation Agreement) Act 2000
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
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Schedule 2 Savings and transitional provisions
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.
Part 8
33
Provisions consequent on enactment of Coal and Oil
Shale Mine Workers (Superannuation) Amendment Act
2006
Amending Act
In this Part, amending Act means the Coal and Oil Shale Mine Workers
(Superannuation) Amendment Act 2006.
34
Actions taken in respect of compulsory retirement
Any action taken on or after 21 February 2006, but before 1 July 2006, that purported
to allow a person otherwise required to retire under this Act to continue in
employment is not invalid only because of the failure to comply with a provision of
this Act repealed or amended by the amending Act.
Part 9
35
Provisions consequent on enactment of Coal and Oil
Shale Mine Workers (Superannuation) Amendment Act
2008
Definition
In this Part, amending Act means the Coal and Oil Shale Mine Workers
(Superannuation) Amendment Act 2008.
36
Validity of contributions paid from 1 July 2006 to 30 June 2008
To avoid doubt, any total contribution:
(a) that was paid by an owner for a mine worker prior to the date of assent to the
amending Act, and
(b) that exceeded 9% of the mine worker’s ordinary time earnings, as a weekly
amount, (excluding any amount paid pursuant to section 19 (2A) as in force
immediately before the commencement of the amending Act), and
(c) that was paid in compliance with this Act, the AUSCOAL Trust Deed and any
industrial agreement as in force when the payment was made,
is taken to have been validly paid.
Note. Clause 36 confirms the validity of any contributions actually paid before the
commencement of the amending Act that were in compliance with this Act, the AUSCOAL
Trust Deed and any industrial agreement before the amending Act had effect.
37
Preservation of entitlement
(1)
If the amount of superannuation contribution that an owner was liable to pay for a
mine worker employed by that owner immediately before the date of assent to the
amending Act, in respect of any period on or after 1 July 2006, was higher than the
amount that the owner is liable to pay after the amending Act commenced, then the
owner continues to be liable to pay the superannuation contribution at the higher
amount.
(2)
For the purposes of subclause (1), an owner’s liability to pay a superannuation
contribution includes a liability under any provision of the AUSCOAL Trust Deed
or any other superannuation fund to which the owner contributes in respect of that
mine worker, this Act or any other Act of the State or Commonwealth, but does not
include:
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Schedule 2 Savings and transitional provisions
(a)
(b)
the requirement to contribute to Part 3 of the Fund under section 19 (2A) as in
force immediately before the commencement of the amending Act and under
section 19 (1) as inserted by the amending Act, or
any liability to pay a salary sacrifice contribution.
(3)
If an additional amount is payable pursuant to subclause (1), the owner must pay the
contributions:
(a) in the case of a mine worker who contributes to Part 2 of the Fund—to the
Corporate Trustee for crediting to that Part of the Amalgamated 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.
(4)
This clause also applies to any other owner who subsequently employs the mine
worker.
Note. Clause 37 preserves a mine worker’s right to a higher amount of employer contribution
than is required under the Superannuation Guarantee Charge Act 1992 and the
Superannuation Guarantee (Administration) Act 1992 of the Commonwealth if a higher
amount of contribution was payable immediately before the date of assent to the amending
Act. The entitlement extends back in respect of any period from 1 July 2006 and is continuing.
The main categories of mine worker to which this clause relates are those for whom the owner
paid a flat weekly rate contribution pursuant to the industrial agreements and those whose
wages and salaries are excluded from the calculation of employer liability under the
Commonwealth legislation, such as employees aged 70 years or over.
38
Regulations
Regulations made under Part 1 of this Schedule, for the purposes of this Part, have
effect despite anything to the contrary in Part 1.
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Coal and Oil Shale Mine Workers (Superannuation) Act 1941 No 45 [NSW]
Schedule 3 Accumulation Fund and Restructuring Agreement
Schedule 3
Accumulation Fund and Restructuring
Agreement
(Section 2)
Part 1
1
Accumulation Fund
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
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Schedule 3 Accumulation Fund and Restructuring Agreement
(b)
(i)
(ii)
(iii)
(iv)
Part 3
3
Changed circumstances which would necessitate a renegotiation of the
1992 Restructuring Agreement and the 1999 Superannuation
Agreement include, but are not limited to:
changes in marginal tax rates which reduce the benefit of salary
sacrifice;
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;
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;
legislation which invalidates or impairs the operation of the
Salary Sacrifice Agreement.
1999 Superannuation Agreement
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.
Schedule 4
(Repealed)
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Coal and Oil Shale Mine Workers (Superannuation) Act 1941 No 45 [NSW]
Historical Notes
Historical notes
The following abbreviations are used in the Historical notes:
Am
amended
LW
legislation website
Cl
clause
No
number
Cll
clauses
p
page
Div
Division
pp
pages
Divs
Divisions
Reg
Regulation
GG
Government Gazette
Regs
Regulations
Ins
inserted
Rep
repealed
Sch
Schs
Sec
Secs
Subdiv
Subdivs
Subst
Schedule
Schedules
section
sections
Subdivision
Subdivisions
substituted
(1)
See also State Coal Mines Act 1912, sec 12A (6), and Coal Mines Regulation Act 1982.
(2)
For determinations under sec 2 (5) (reference rate), see Sch 2 (1) and (2) to the Coal and Oil
Shale Mine Workers (Superannuation) Amendment Act 1978 and GG No 48 of 5.5.1978, p
1662. See GGs No 82 of 14.7.1978, p 3018; No 3 of 5.1.1979, p 38; No 102 of 3.8.1979, p
3806; No 31 of 22.2.1980, p 846; No 102 of 1.8.1980, p 3939; No 38 of 6.3.1981, p 1477; No
99 of 10.7.1981, p 3749; No 31 of 26.2.1982, p 836; No 110 of 20.8.1982, p 3831; No 170 of
9.12.1983, p 5591; No 76 of 18.5.1984, p 2529; No 82 of 17.5.1985, p 2167; No 8 of
10.1.1986, p 131; No 136 of 29.8.1986, p 4213; No 192 of 12.12.1986, p 6122; No 38 of
7.4.1989, p 1804; No 51 of 20.4.1990, pp 3257, 3259; No 76 of 15.6.1990, p 4893; No 129
of 19.10.1990, p 9212, and No 153 of 1.11.1991, p 9228.
(3)
For regulations under sec 2D (extension of definition of mine worker) before its repeal, see
GG No 33 of 26.2.1954, p 591, as amended by Act No 54, 1957, sec 2 (2) (3) (d), and as
further amended in GG No 29 of 13.3.1964, p 830.
(4)
For determinations under sec 2J (further extension of definition of mine worker), see GGs No
122 of 17.11.1972, pp 4589, 4590; No 10 of 1.2.1974, p 330 (and see rescission of order in
GG No 92 of 2.8.1974, p 2992); No 65 of 18.5.1973, p 1812; No 143 of 5.11.1976, pp
4871–4873; No 151 of 26.11.1976, p 5233; No 2 of 7.1.1977, p 19; No 30 of 25.3.1977, p
1154 (and see rescission of certain orders in GGs No 82 of 22.7.1977, p 3045, and No 102 of
9.9.1977, p 3808); No 40 of 22.4.1977, p 1512 (and see GG No 50 of 20.5.1977, p 1973); No
154 of 16.12.1977, p 5533; No 98 of 27.7.1979, p 3655; No 124 of 7.9.1979, p 4424; No 102
of 1.8.1980, pp 3938, 3939; No 136 of 19.9.1980, p 4922; No 139 of 26.9.1980, p 5057; No
152 of 17.10.1980, p 5437; No 19 of 23.1.1981, pp 494, 495; No 54 of 10.4.1981, pp 2125,
2126; No 67 of 8.5.1981, p 2593; No 82 of 19.6.1981, p 3280; No 97 of 3.7.1981, p 3667; No
99 of 10.7.1981, p 3748; No 115 of 14.8.1981, p 4346; No 144 of 2.10.1981, p 5200; No 154
of 16.10.1981, pp 5372, 5373 (and see rescission of certain order in GG No 46 of 26.3.1982,
p 1339); No 23 of 12.2.1982, p 622; No 42 of 19.3.1982, p 1218; No 46 of 26.3.1982, pp
1339, 1340; No 105 of 6.8.1982, p 3592; No 133 of 1.10.1982, p 4593; No 2 of 7.1.1983, p
105; No 45 of 11.3.1983, p 1149; No 65 of 29.4.1983, pp 1936 (and see rescission of order
in GG No 176 of 23.12.1983, p 5889), 1937; No 68 of 6.5.1983, p 2052; No 126 of 16.9.1983,
p 4265; No 147 of 28.10.1983, p 4944; No 176 of 23.12.1983, p 5889; No 19 of 10.2.1984,
pp 663, 664; No 24 of 17.2.1984, p 795; No 73 of 11.5.1984, p 2439; No 125 of 17.8.1984,
p 4197; No 139 of 28.9.1984, p 4838 (and see rescission of certain order in GG No 170 of
7.12.1984, p 6025); No 170 of 7.12.1984, pp 6024, 6025; No 38 of 8.2.1985, p 637; No 78 of
3.5.1985, p 1930; No 88 of 31.5.1985, pp 2445, 2446; No 95 of 21.6.1985, p 2872; No 122
of 30.8.1985, p 4636; No 128 of 13.9.1985, p 4881; No 176 of 20.12.1985, p 6644; No 8 of
10.1.1986, p 132; No 183 of 28.11.1986, p 5815; No 16 of 23.1.1987, p 321; No 80 of
15.5.1987, p 2330; No 104 of 19.6.1987, p 3079; No 193 of 18.12.1987, p 7009; No 56 of
18.3.1988, p 1761; No 118 of 15.7.1988, pp 3374, 3375; No 38 of 7.4.1989, p 1804; No 55
of 5.5.1989, p 2708; No 98 of 29.9.1989, p 7830; No 7 of 12.1.1990, pp 228–231; No 31 of
2.3.1990, p 1802; No 82 of 29.6.1990, p 6094; No 113 of 14.9.1990, p 8222; No 37 of
1.3.1991, p 1839; No 96 of 21.6.1991, pp 4848, 4849; No 134 of 27.9.1991, pp 8359, 8360;
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Historical Notes
No 7 of 17.1.1992, pp 330–335; No 30 of 28.2.1992, p 1370; No 51 of 24.4.1992, pp
2935–2938; No 142 of 4.12.1992, pp 8666–8669; No 21 of 5.3.1993, p 957; No 43 of
7.5.1993, pp 2220, 2221; No 47 of 14.5.1993, p 2327; No 82 of 23.7.1993, p 4224; No 100
of 10.9.1993, p 5764; No 130 of 26.11.1993, pp 7012, 7013; No 46 of 18.3.1994, pp 1226,
1227; No 58 of 15.4.1994, p 1661; No 73 of 27.5.1994, p 2532; No 99 of 29.7.1994, p 4027;
No 143 of 21.10.1994, p 6422 and No 170 of 16.12.1994, p 7500.
(5)
For orders under sec 14B (prescribed amount for purposes of sec 14A) before its repeal, see
GGs No 82 of 14.7.1978, p 3018; No 3 of 5.1.1979, p 39; No 26 of 6.2.1981, p 719; No 118
of 21.8.1981, p 4511; No 31 of 26.2.1982, p 836; No 110 of 20.8.1982, p 3831; No 42 of
16.3.1984, p 1551; No 76 of 18.5.1984, p 2529; No 82 of 17.5.1985, p 2168; No 8 of
10.1.1986, p 131; No 136 of 29.8.1986, p 4213; No 192 of 12.12.1986, p 6122; No 38 of
7.4.1989, p 1804; No 33 of 6.3.1992, p 1432, and No 55 of 1.5.1992, p 3023.
(6)
For determinations under sec 15B (power of Tribunal to make orders declaring certain
persons to be mine workers for the purposes of this Act), see GGs No 113 of 14.9.1990, pp
8223–8228; No 106 of 12.7.1991, pp 5554–5557; No 51 of 24.4.1992, pp 2932–2934; No 116
of 18.9.1992, p 6952 and No 142 of 4.12.1992, p 8666.
Table of amending instruments
Coal and Oil Shale Mine Workers (Superannuation) Act 1941 No 45 (formerly Coal and Oil Shale Mine
Workers (Pensions) Act 1941). Assented to 8.10.1941. Date of commencement of Parts 2 and 3, 21.11.1941,
sec 1 (3) (b) and GG No 144 of 21.11.1941, p 4061; date of commencement of Part 4, 3.11.1941, sec 1 (3)
(b) and GG No 142 of 14.11.1941, p 3993. This Act has been amended as follows:
1942 No 12
Coal and Oil Shale Mine Workers (Pensions) Amendment Act 1942.
Assented to 19.6.1942.
Date of commencement of sec 2 (1) (a) (ii), (e) (iv), (i) (i), (j), 8.10.1941,
sec 2 (2); of sec 3 (1), 8.10.1941, sec 3 (2).
1947 No 14
Coal and Oil Shale Mine Workers (Pensions) Amendment Act 1947.
Assented to 28.3.1947.
Date of commencement of—sec 2 (1) (b) (c) (d)—29.6.1947, sec 2 (2);
sec 2 (1) (e)—29.6.1947, sec 2 (3); sec 3 (1)—1.4.1947, sec 3 (2); sec 4
(1)—1.7.1947, sec 4 (2).
No 39
Coal and Oil Shale Mine Workers (Pensions) Further Amendment Act
1947. Assented to 19.12.1947.
Date of commencement, 5.11.1947, sec 1 (3).
1948 No 7
Coal and Oil Shale Mine Workers (Pensions) Amendment Act 1948.
Assented to 22.4.1948.
As to commencement of:—sec 2 (1) (b) (c) (d) (f)—see Act No 7, 1948,
sec 2 (2); sec 2 (1) (e)—see Act No 7, 1948, sec 2 (3); sec 3 (1) (a)—see
Act No 7, 1948, sec 3 (2).
1949 No 26
Coal and Oil Shale Mine Workers (Pensions) Amendment Act 1949.
Assented to 5.10.1949.
Date of commencement (except where otherwise provided), 16.10.1949,
sec 1 (4) and GG No 194 of 14.10.1949, p 3032; date of commencement
of sec 3 (d) (iii), 9.11.1948, sec 7 (3) (a); sec 3 (d) (vii), 19.6.1942, sec 7
(3) (b).
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Coal and Oil Shale Mine Workers (Superannuation) Act 1941 No 45 [NSW]
Historical Notes
1950 No 37
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act
1950. Assented to 20.11.1950.
Date of commencement (except where otherwise provided), 17.12.1950,
sec 1 (2) as amended by Act No 52, 1951, sec 2 (a). As to
commencement of sec 3 (1) (a) (b) (c) (d) (i) (ii), (e) (i), (f) (i), see Act
No 37, 1950, sec 3 (5) as repealed and substituted by Act No 52, 1951,
sec 2 (b) (ii). Date of commencement of: sec 3 (1) (d) (iii), (e) (ii) (iv), (f)
(ii)—17.12.1950, sec 3 (4), as amended by Act No 52, 1951, sec 2 (b) (i);
sec 3 (1) (e) (iii)—19.6.1942, sec 3 (3); sec 4 (1) (b)—16.10.1949, sec 4
(2) (b); sec 5 (1) (b)—5.11.1947, sec 5 (3).
1951 No 52
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act
1951. Assented to 28.12.1951.
Date of commencement of: sec 4 (1) (a) (b) (c) (d) (e) (ii), (f) (ii)—
1.11.1951, sec 4 (3) (a); sec 4 (1) (e) (i), (f) (i)—see Act No 52, 1951, sec
4 (3) (b); sec 5 (1) (c)—13.1.1952, sec 5 (2) and GG No 3 of 11.1.1952,
p 47; sec 6 (1)—1.11.1951, sec 6 (2) (a).
1952 No 52
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act
1952. Assented to 4.12.1952.
Date of commencement of: sec 2 (1) (a) (b) (c) (d) (e) (ii), (f) (ii)—
2.10.1952, sec 2 (3) (a); sec 2 (1) (e) (i), (f) (i)—see Act No 52, 1952, sec
2 (3) (b) as amended by Act No 23, 1954, sec 5; sec 3 (1) (a) (b) (c)—
21.11.1941, sec 3 (2).
1954 No 23
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act
1954. Assented to 29.4.1954.
Date of commencement of: sec 3 (1) (a) (b) (c) (d) (e) (ii), (f) (ii)—
29.10.1953, sec 3 (3) (a); sec 3 (1) (e) (i), (f) (i)—see Act No 23, 1954,
sec 3 (3) (b); sec 4 (1) (e) (iii)—1.11.1951, sec 4 (2).
1955 No 39
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act
1955. Assented to 17.11.1955.
Date of commencement of: sec 2 (1) (a) (b) (c) (d) (e) (ii), (f) (ii)—
27.10.1955, sec 2 (3) (a); sec 2 (1) (e) (i), (f) (i)—see Act No 39, 1955,
sec 2 (3) (b).
1956 No 29
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act
1956. Assented to 9.11.1956.
Date of commencement of sec 2 (4), for certain purposes, 9.11.1956; for
all purposes, 30.11.1956, sec 2 (3) and GG No 127 of 23.11.1956, p
3464.
1957 No 18
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act
1957. Assented to 29.4.1957.
Date of commencement of sec 2 (1) (c) (e) (i) (ii) (iv), 1.4.1954, sec 2
(2).
No 54
1961 No 6
Coal and Oil Shale Mine Workers (Superannuation) Further Amendment
Act 1957. Assented to 9.12.1957.
Date of commencement of: sec (2) (1) (b) (i)—16.10.1949, sec 2 (3) (a);
sec 2 (1) (c)—1.3.1953, sec 2 (3) (b); sec 2 (1) (d)—17.12.1950, sec 2
(3) (c); sec 3 (1) (a) (b) (c) (d)—24.10.1957, sec 3 (3) (a); sec 3 (1) (e)
(f)—see Act No 54, 1957, sec 3 (3) (b); sec 5 (1) (a) (i)—16.10.1949, sec
5 (2) (a); sec 5 (1) (a) (ii)—4.12.1952, sec 5 (2) (b).
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act
1961. Assented to 14.3.1961.
Date of commencement of: sec 3 (1) (b)—29.4.1957, sec 3 (2); sec 4 (1)
(a) (b) (c) (d)—8.10.1959, sec 4 (3) (a); sec 4 (1) (e) (f)—see Act No 6,
1961, sec 4 (3) (b); sec 5 (1) (a) (b) (c) (d)—6.10.1960, sec 5 (3) (a); sec
5 (1) (e) (f)—see Act No 6, 1961, sec 5 (3) (b).
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Coal and Oil Shale Mine Workers (Superannuation) Act 1941 No 45 [NSW]
Historical Notes
No 53
Coal and Oil Shale Mine Workers (Superannuation) Further Amendment
Act 1961. Assented to 11.12.1961.
1962 No 29
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act
1962. Assented to 3.12.1962.
1964 No 67
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act
1964. Assented to 18.12.1964.
Date of commencement of sec 2 (1), 15.3.1964, sec 2 (3).
1965 No 20
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act
1965. Assented to 13.12.1965.
No 33
1966 No 12
No 56
Decimal Currency Act 1965. Assented to 20.12.1965.
Date of commencement of sec 4, 14.2.1966, secs 1 (3), 2 (1) and the
Currency Act 1965 (Commonwealth), sec 2 (2).
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act
1966. Assented to 30.3.1966.
Coal and Oil Shale Mine Workers (Superannuation) Further Amendment
Act 1966. Assented to 14.12.1966. (Repealed by Act No 51, 1967, sec 2
(2).)
1967 No 51
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act
1967. Assented to 30.10.1967.
Date of commencement, 23.9.1967, sec 1 (3).
1968 No 30
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act
1968. Assented to 11.10.1968.
1969 No 17
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act
1969. Assented to 2.4.1969.
Date of commencement of sec 2 (1) (a) (c) (d) (f) (ii), 1.7.1942, sec 2 (2)
(a); of sec 2 (2) (g), (i), 27.9.1968, sec 2 (2) (b).
1970 No 27
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act
1970. Assented to 8.4.1970.
Date of commencement of sec 2 (1) (a) (d), 10.4.1970, sec 2 (2) (a) and
GG No 51 of 10.4.1970, p 1273; of sec 2 (1) (e), 1.10.1968, sec 2 (2) (d);
of sec 2 (1) (f), 1.7.1969, sec 2 (2) (c).
1971 No 17
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act
1971. Assented to 25.5.1971.
Date of commencement of sec 4, 10.4.1970, sec 4 (2); date of
commencement of sec 5 (5), for certain purposes, 25.5.1971, for all
purposes, 4.2.1972, sec 5 (1) (3) (4) and GG No 9 of 4.2.1972, p 349;
date of commencement of sec 6 (1) (b), 4.2.1972, sec 6 (2) and GG No 9
of 4.2.1972, p 349; date of commencement of sec 7 (1) (b) (ii), 4.2.1972,
sec 7 (2) and GG No 9 of 4.2.1972, p 349; date of commencement of sec
8, 1.7.1969, sec 8 (2); date of commencement of sec 9 (1) (b) (ii),
10.4.1970, sec 9 (2).
No 66
Coal and Oil Shale Mine Workers (Superannuation) Further Amendment
Act 1971. Assented to 21.12.1971.
Date of commencement of sec 2 (1) (a) (b) (c) (d), 7.10.1971, sec 2 (2);
date of commencement of sec 2 (1) (e), 12.10.1971, sec 2 (3).
1973 No 80
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act
1973. Assented to 20.12.1973.
Date of commencement of sec 3, 15.7.1973, sec 2.
1974 No 65
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act
1974. Assented to 18.10.1974.
Page 41
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Coal and Oil Shale Mine Workers (Superannuation) Act 1941 No 45 [NSW]
Historical Notes
1975 No 66
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act
1975. Assented to 31.10.1975.
Date of commencement of sec 4, 25.5.1971, sec 2 (2).
1976 No 91
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act
1976. Assented to 8.12.1976.
1977 No 9
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act
1977. Assented to 17.3.1977.
1978 No 28
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act
1978. Assented to 22.3.1978.
Date of commencement, secs 1 and 2, Sch 2 (1) and (2) excepted,
26.3.1978, sec 2.
1979 No 10
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act
1979. Assented to 12.4.1979.
Date of commencement of Sch 1, Sch 1 (2) (b), (3), (5) and (9) excepted,
26.3.1978, sec 2 (3) (4) (5); date of commencement of Sch 1 (2) (b), (3)
and (5), 24.9.1978, sec 2 (4); date of commencement of Sch 1 (9),
15.4.1979, sec 2 (5).
1980 No 84
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act
1980. Assented to 1.5.1980.
1982 No 45
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act
1982. Assented to 5.5.1982.
Date of commencement of Sch 1 (1) and (3), 26.3.1978, sec 2 (3); date of
commencement of Sch 2, 21.5.1982, sec 2 (4) and GG No 68 of
21.5.1982, p 2229.
No 69
Miscellaneous Acts (Coal Mines Regulation) Repeal and Amendment
Act 1982. Assented to 20.5.1982.
Date of commencement of Sch 2, 26.3.1984, sec 2 (2) and GG No 24 of
17.2.1984, p 753. Amended by Coal and Oil Shale Mine Workers
(Superannuation) Amendment Act 1983 No 150.
No 102
Coal and Oil Shale Mine Workers (Superannuation) Further Amendment
Act 1982. Assented to 26.10.1982.
1983 No 150
No 153
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act
1983. Assented to 23.12.1983.
Date of commencement of Sch 2 (8), 1.7.1984, sec 2 (2).
Miscellaneous Acts (Public Finance and Audit) Repeal and Amendment
Act 1983. Assented to 29.12.1983.
Date of commencement of Sch 2, 6.1.1984, sec 2 (2) and GG No 4 of
6.1.1984, p 19.
1984 No 32
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act
1984. Assented to 13.6.1984.
Date of commencement of Sch 1, 26.1.1984, sec 2.
No 93
Miscellaneous Acts (Workers’ Compensation) Amendment Act 1984.
Assented to 28.6.1984.
Date of commencement of Sch 1, Part 1 (except as provided by sec 2
(3)), 3.12.1984, sec 2 (3) and GG No 167 of 30.11.1984, p 5791.
No 116
Coal and Oil Shale Mine Workers (Superannuation) Further Amendment
Act 1984. Assented to 6.11.1984.
Date of commencement of Sch 1, 30.10.1984, sec 2 (2).
Page 42
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Coal and Oil Shale Mine Workers (Superannuation) Act 1941 No 45 [NSW]
Historical Notes
1986 No 129
No 218
1987 No 13
Miscellaneous Acts (Superannuation Appeals) Amendment Act 1986.
Assented to 4.12.1986.
Date of commencement of Sch 1, 17.7.1987, sec 2 (2) and GG No 121 of
17.7.1987, p 4030.
Statute Law (Miscellaneous Provisions) Act (No 2) 1986. Assented to
23.12.1986.
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act
1987. Assented to 13.4.1987.
Date of commencement of Sch 1 (1), 1.7.1985, sec 2 (2).
No 48
Statute Law (Miscellaneous Provisions) Act (No 1) 1987. Assented to
28.5.1987.
Date of commencement of Sch 32, except as provided by sec 2 (13),
1.9.1987, sec 2 (12) and GG No 136 of 28.8.1987, p 4809.
No 79
Miscellaneous Acts (Workers Compensation) Amendment Act 1987.
Assented to 10.6.1987.
Date of commencement of Sch 1, 30.6.1987, sec 2 (2) and GG No 102 of
17.6.1987, p 2944.
1988 No 20
Statute Law (Miscellaneous Provisions) Act 1988. Assented to
28.6.1988.
Date of commencement of the provisions of Sch 20, except as provided
by sec 2 (6), assent, sec 2 (1).
No 21
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act
1988. Assented to 30.6.1988.
Date of commencement, 3.7.1988, sec 2.
1990 No 18
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act
1990. Assented to 14.6.1990.
Date of commencement, 28 days after assent.
No 46
Statute Law (Miscellaneous Provisions) Act 1990. Assented to
22.6.1990.
Date of commencement of the provisions of Sch 1 relating to the Coal
and Oil Shale Mine Workers (Superannuation) Act 1941, assent, sec 2.
No 108
Statute Law (Miscellaneous Provisions) Act (No 2) 1990. Assented to
13.12.1990.
Date of commencement of the provision of Sch 2 relating to the Coal and
Oil Shale Mine Workers (Superannuation) Act 1941, assent, sec 2.
1991 No 95
Superannuation Legislation (Amendment) Act 1991. Assented to
17.12.1991.
Date of commencement of Part 1 of Sch 1, 1.7.1990, sec 2 (1); date of
commencement of Part 2 of Sch 1, 4.12.1989, sec 2 (2); date of
commencement of Part 3 of Sch 1, assent, sec 2 (4).
No 96
Superannuation Administration Act 1991. Assented to 17.12.1991.
Date of commencement of Sch 6, 2.3.1992, sec 2 (1) and GG No 20 of
14.2.1992, p 848.
1992 No 35
Superannuation Legislation (Amendment) Act 1992. Assented to
18.5.1992.
Date of commencement of the provisions of Sch 1 relating to the Coal
and Oil Shale Mine Workers (Superannuation) Act 1941, 1.7.1990, Sch
1; date of commencement of the provision of Sch 2 relating to the Coal
and Oil Shale Mine Workers (Superannuation) Act 1941, 4.12.1989, Sch
2.
Page 43
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Coal and Oil Shale Mine Workers (Superannuation) Act 1941 No 45 [NSW]
Historical Notes
No 81
Coal and Oil Shale Mine Workers Superannuation (Amendment) Act
1992. Assented to 27.11.1992.
Date of commencement of Sch 1, 1.7.1992, sec 2 (2); date of
commencement of Schs 2 and 3, 3.1.1993, sec 2 (1).
No 112
Statute Law (Penalties) Act 1992. Assented to 8.12.1992.
Date of commencement, assent, sec 2.
1993 No 46
Statute Law (Miscellaneous Provisions) Act 1993. Assented to
15.6.1993.
Date of commencement of the provision of Sch 2 relating to the Coal and
Oil Shale Mine Workers (Superannuation) Act 1941, 3.1.1993, Sch 2.
1994 No 1
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act
1994. Assented to 2.5.1994.
Date of commencement of Sch 1 (4) (e), 1.7.1990, sec 2 (2); date of
commencement of Sch 2 (3), 3.7.1988, sec 2 (3); date of commencement
of Schs 2 (9) (b) (d) and (13), 3 (2)–(7) and 4, assent, sec 2 (4); date of
commencement of remainder of Act, 3.1.1993, sec 2 (1).
No 13
Mines Rescue Act 1994. Assented to 10.5.1994.
Date of commencement, 8.7.1994, sec 2 and GG No 90 of 8.7.1994, p
3463.
No 85
Coal and Oil Shale Mine Workers (Superannuation) Further Amendment
Act 1994. Assented to 12.12.1994.
Date of commencement of Sch 1, assent, sec 2 (1); date of
commencement of Schs 2 and 3, 1.2.1995, sec 2 (2) and GG No 8 of
27.1.1995, p 493. Amended by Statute Law (Miscellaneous Provisions)
Act 1995 No 16. Assented to 15.6.1995. Date of commencement of the
provisions of Sch 2 relating to the Coal and Oil Shale Mine Workers
(Superannuation) Further Amendment Act 1994, 1.2.1995, Sch 2.
1995 No 16
Statute Law (Miscellaneous Provisions) Act 1995. Assented to
15.6.1995.
Date of commencement of the provision of Sch 2 relating to the Coal and
Oil Shale Mine Workers (Superannuation) Act 1941, 1.2.1995, Sch 2.
No 99
1996 No 92
No 121
Statute Law (Miscellaneous Provisions) Act (No 2) 1995. Assented to
21.12.1995.
Date of commencement of Sch 3, 3 months after assent, sec 2 (3).
Superannuation Legislation Amendment Act 1996. Assented to
25.11.1996.
Date of commencement of Sch 1.1, assent, sec 2 (1).
Statute Law (Miscellaneous Provisions) Act (No 2) 1996. Assented to
3.12.1996.
Date of commencement of Sch 4.10, 4 months after assent, sec 2 (4).
2000 No 17
Coal and Oil Shale Mine Workers (Superannuation) Amendment (1999
Superannuation Agreement) Act 2000. Assented to 30.5.2000.
Date of commencement, 1.7.2000, sec 2.
2001 No 107
Coal Industry Act 2001. Assented to 14.12.2001.
Date of commencement, 1.1.2002, sec 2 and GG No 199 of 28.12.2001,
p 10826.
No 121
Justices Legislation Repeal and Amendment Act 2001. Assented to
19.12.2001.
Date of commencement of Sch 2, 7.7.2003, sec 2 and GG No 104 of
27.6.2003, p 5978.
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Coal and Oil Shale Mine Workers (Superannuation) Act 1941 No 45 [NSW]
Historical Notes
2002 No 83
No 129
Surveying Act 2002. Assented to 29.10.2002.
Date of commencement, 25.6.2003, sec 2 and GG No 103 of 25.6.2003,
p 5903.
Coal Mine Health and Safety Act 2002. Assented to 16.12.2002.
Date of commencement of Sch 2.1, 23.12.2006, sec 2 and GG No 189 of
22.12.2006, p 11542.
2006 No 42
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act
2006. Assented to 8.6.2006.
Date of commencement, 1.7.2006, sec 2.
2007 No 94
Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to
13.12.2007.
Date of commencement of Sch 2, 6.7.2009, sec 2 and 2009 (314) LW
3.7.2009.
2008 No 35
Coal and Oil Shale Mine Workers (Superannuation) Amendment Act
2008. Assented to 25.6.2008.
Date of commencement, 1.7.2006, sec 2.
This Act has also been amended:
(a)
pursuant to orders under secs 10EA and 10F,
(b)
pursuant to an order under secs 8 (2) and 9 (3) of the Reprints Act 1972 No 48 (formerly Acts
Reprinting Act 1972). Order dated 24.7.1973, and published in Gazette No 97 of 27.7.1973, p 3269,
declaring that:
(i) the Coal and Oil Shale Mine Workers (Superannuation) Act 1941 is an enactment to which
sec 8 (2) of the Acts Reprinting Act 1972 applies, and
(ii) the Coal and Oil Shale Mine Workers (Superannuation) Act 1941 secs 2D (3), 10EA (1), 10F
(6), 12 (2) (3) and 13 (1C) (3) excepted, is an enactment to which sec 9 (3) of the Acts
Reprinting Act 1972 applies.
Table of amendments
No reference is made to certain amendments made by the Decimal Currency Act 1965, the Reprints Act
1972, and Schedule 3 (amendments replacing gender-specific language) to the Statute Law (Miscellaneous
Provisions) Act (No 2) 1995.
Long title
Am 1978 No 28, Sch 1 (1).
Sec 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);
2002 No 129, Sch 2.1.
Sec 1A
Ins 1992 No 81, Sch 2 (1). Am 1994 No 85, Schs 2 (1), 3 (1).
Sec 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]; 2006 No 42,
Sch 1 [1]; 2008 No 35, Sch 1 [2]–[6].
Sec 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). Ins 2008 No 35, Sch 1 [7].
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Coal and Oil Shale Mine Workers (Superannuation) Act 1941 No 45 [NSW]
Historical Notes
Sec 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).
Sec 2BA
Ins 1957 No 54, sec 2 (1) (c). Rep 1990 No 18, Sch 1 (2).
Sec 2C
Ins 1950 No 37, sec 2 (b). Am 1957 No 54, sec 2 (1) (d). Rep 1990 No
18, Sch 1 (2).
Sec 2D
Ins 1951 No 52, sec 3. Rep 1990 No 18, Sch 1 (2).
Sec 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).
Sec 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).
Sec 2G
Ins 1957 No 54, sec 2 (1) (e). Rep 1990 No 18, Sch 1 (2).
Sec 2H
Ins 1961 No 6, sec 2 (c). Rep 1990 No 18, Sch 1 (2).
Sec 2I
Ins 1968 No 30, sec 2 (a). Subst 1988 No 21, Sch 1 (1). Rep 1990 No 18,
Sch 1 (2).
Sec 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; 2006 No 42, Sch 1 [2] [3].
Sec 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).
Sec 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).
Sec 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).
Sec 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).
Sec 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, heading
Subst 1978 No 28, Sch 1 (7). Am 1982 No 102, Sch 1 (2); 1994 No 85,
Sch 3 (8). Rep 2006 No 42, Sch 1 [4].
Part 2
Rep 2006 No 42, Sch 1 [4].
Part 2, Div 1,
heading
Ins 1978 No 28, Sch 1 (7). Am 1982 No 102, Sch 1 (3). Rep 1994 No 85,
Sch 3 (9).
Sec 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. Rep 2006 No 42, Sch 1 [4].
Sec 5A
Ins 1978 No 28, Sch 1 (8). Am 1990 No 18, Sch 1 (6); 1994 No 85, Sch
3 (11). Rep 2006 No 42, Sch 1 [4].
Sec 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. Rep 2006 No 42, Sch 1 [4].
Part 2, Div 2,
heading
Ins 1978 No 28, Sch 1 (9). Rep 1994 No 85, Sch 3 (12).
Part 2, Div 2
Rep 1994 No 85, Sch 3 (12).
Sec 5B
Ins 1978 No 28, Sch 1 (10). Rep 1994 No 85, Sch 3 (12).
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Coal and Oil Shale Mine Workers (Superannuation) Act 1941 No 45 [NSW]
Historical Notes
Sec 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).
Sec 6A
Ins 1971 No 17, sec 3 (b). Rep 1994 No 85, Sch 3 (12).
Sec 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).
Sec 6C
Ins 1976 No 91, sec 2 (b). Am 1978 No 28, Sch 1 (12). Rep 1994 No 85,
Sch 3 (12).
Sec 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).
Sec 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).
Sec 8A
Ins 1978 No 28, Sch 1 (14). Rep 1994 No 85, Sch 3 (12).
Sec 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).
Sec 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).
Sec 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).
Sec 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).
Sec 10B
Ins 1961 No 6, sec 6 (a). Rep 1970 No 27, sec 2 (1) (b).
Sec 10C
Ins 1967 No 51, sec 2 (1) (b). Rep 1971 No 17, sec 3 (h).
Sec 10D
Ins 1969 No 17, sec 2 (1) (e). Rep 1971 No 17, sec 3 (i).
Sec 10E
Ins 1970 No 27, sec 2 (1) (c). Rep 1971 No 17, sec 3 (j).
Page 47
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Coal and Oil Shale Mine Workers (Superannuation) Act 1941 No 45 [NSW]
Historical Notes
Sec 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).
Sec 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).
Sec 10G
Ins 1971 No 17, sec 3 (1). Am 1978 No 28, Sch 1 (20). Rep 1994 No 85,
Sch 3 (12).
Sec 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).
Sec 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).
Sec 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).
Sec 11B
Ins 1942 No 12, sec 2 (1) (h). Am 1971 No 17, sec 3 (n). Rep 1994 No
85, Sch 3 (12).
Sec 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).
Sec 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).
Sec 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).
Part 2, Div 3,
heading
Ins 1978 No 28, Sch 1 (26). Am 1992 No 81, Sch 3 (2). Rep 1994 No 85,
Sch 3 (12).
Part 2, Div 3
Rep 1994 No 85, Sch 3 (12).
Sec 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).
Sec 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).
Sec 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).
Sec 14C
Ins 1978 No 28, Sch 1 (26). Rep 1992 No 81, Sch 3 (7).
Sec 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).
Sec 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).
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Coal and Oil Shale Mine Workers (Superannuation) Act 1941 No 45 [NSW]
Historical Notes
Sec 14F
Ins 1978 No 28, Sch 1 (26). Am 1979 No 10, Sch 1 (7). Rep 1992 No 81,
Sch 3 (9).
Sec 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).
Sec 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).
Sec 14G
Ins 1978 No 28, Sch 1 (26). Rep 1994 No 85, Sch 3 (12).
Sec 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).
Part 2, Div 4
Ins 1992 No 81, Sch 2 (8). Rep 1994 No 85, Sch 3 (12).
Sec 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).
Sec 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).
Sec 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).
Sec 14KA
Ins 1994 No 85, Sch 1 (8). Rep 1994 No 85, Sch 3 (12).
Sec 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).
Sec 14M
Ins 1992 No 81, Sch 2 (8). Am 1994 No 85, Sch 2 (12). Rep 1994 No 85,
Sch 3 (12).
Sec 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).
Sec 14O
Ins 1992 No 81, Sch 2 (8). Rep 1994 No 85, Sch 3 (12).
Sec 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).
Sec 14PA
Ins 1994 No 1, Sch 2 (10). Am 1994 No 85, Sch 2 (15). Rep 1994 No 85,
Sch 3 (12).
Secs 14Q, 14R
Ins 1992 No 81, Sch 2 (8). Rep 1994 No 85, Sch 3 (12).
Part 2, Div 5,
heading
Ins 1992 No 81, Sch 2 (8). Subst 1994 No 1, Sch 2 (11). Rep 1994 No 85,
Sch 3 (12).
Part 2, Div 5
Ins 1992 No 81, Sch 2 (8). Rep 1994 No 85, Sch 3 (12).
Sec 14S
Ins 1992 No 81, Sch 2 (8). Am 1994 No 1, Sch 2 (12). Rep 1994 No 85,
Sch 3 (12).
Sec 14T
Ins 1994 No 1, Sch 2 (13). Rep 1994 No 85, Sch 3 (12).
Sec 14U
Ins 1994 No 1, Sch 2 (13). Am 1994 No 85, Sch 2 (16). Rep 1994 No 85,
Sch 3 (12).
Sec 14V
Ins 1994 No 1, Sch 2 (13). Am 1994 No 85, Sch 2 (17). Rep 1994 No 85,
Sch 3 (12).
Part 3, heading
Am 1994 No 85, Sch 3 (13).
Sec 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).
Page 49
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Coal and Oil Shale Mine Workers (Superannuation) Act 1941 No 45 [NSW]
Historical Notes
Sec 15A
Ins 1983 No 150, Sch 2 (4). Rep 1994 No 85, Sch 3 (15).
Sec 15B
Ins 1990 No 18, Sch 1 (13). Am 1991 No 95, Sch 1 (12); 1994 No 85,
Sch 3 (16); 2006 No 42, Sch 1 [5]–[7].
Sec 15C
Ins 1994 No 85, Sch 3 (17). Am 2000 No 17, Sch 1 [4] [5]; 2008 No 35,
Sch 1 [8]–[11].
Sec 16
Am 1990 No 18, Sch 2 (12). Rep 1994 No 85, Sch 3 (18).
Sec 16A
Ins 1971 No 17, sec 6 (1) (b). Am 1994 No 85, Sch 1 (11). Subst 1994
No 85, Sch 3 (19).
Sec 16B
Ins 1992 No 81, Sch 2 (9). Am 1994 No 85, Sch 2 (18). Rep 1994 No 85,
Sch 3 (20).
Sec 17
Am 1983 No 150, Sch 2 (5); 1992 No 112, Sch 1. Rep 1994 No 85, Sch 3
(21).
Sec 17A
Ins 1994 No 85, Sch 1 (12). Rep 1994 No 85, Sch 3 (22).
Sec 17B
Ins 2001 No 107, Sch 7.2 [1].
Sec 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]; 2008
No 35, Sch 1 [12].
Sec 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].
Sec 18B
Ins 1994 No 85, Sch 2 (19). Am 1994 No 85, Sch 3 (25).
Sec 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].
Sec 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]; 2006 No 42, Sch 1 [8]–[11]. Subst
2008 No 35, Sch 1 [13].
Sec 19AA
Ins 1992 No 81, Sch 2 (10). Am 1994 No 85, Sch 3 (28).
Sec 19AB
Ins 1992 No 81, Sch 2 (10). Am 1994 No 85, Sch 3 (29).
Sec 19AC
Ins 1992 No 81, Sch 2 (10). Am 1994 No 85, Sch 3 (30); 1996 No 92,
Sch 1.1 (1); 2006 No 42, Sch 1 [12].
Sec 19AD
Ins 2000 No 17, Sch 1 [17]. Rep 2008 No 35, Sch 1 [14].
Part 4A
Ins 1947 No 39, sec 2 (1) (a). Am 1992 No 35, Sch 2.
Sec 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).
Sec 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).
Sec 19BA
Ins 1987 No 13, Sch 1 (3). Am 1994 No 85, Sch 3 (33).
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Coal and Oil Shale Mine Workers (Superannuation) Act 1941 No 45 [NSW]
Historical Notes
Sec 19C
Ins 1947 No 39, sec 2 (1) (a). Am 1983 No 150, Sch 1 (3); 1994 No 85,
Sch 3 (34).
Sec 19CA
Ins 1994 No 85, Sch 3 (35).
Sec 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).
Sec 19E
Ins 1947 No 39, sec 2 (1) (a). Am 1987 No 13, Sch 1 (4).
Sec 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).
Sec 19G
Ins 1947 No 39, sec 2 (1) (a). Subst 1994 No 85, Sch 3 (38).
Sec 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).
Part 4B, heading Ins 1971 No 17, sec 10. Am 1992 No 81, Sch 3 (13). Rep 1994 No 85,
Sch 3 (40).
Part 4B
Ins 1971 No 17, sec 10. Rep 1994 No 85, Sch 3 (40).
Sec 19HA
Ins 1992 No 81, Sch 3 (14). Am 1994 No 1, Sch 3 (1). Rep 1994 No 85,
Sch 3 (40).
Sec 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).
Sec 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).
Sec 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).
Sec 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).
Sec 19M
Ins 1978 No 28, Sch 1 (33). Subst 1991 No 95, Sch 1 (18). Rep 1994 No
1, Sch 3 (5).
Sec 19MA
Ins 1991 No 95, Sch 1 (19). Rep 1994 No 85, Sch 3 (40).
Part 4C
Ins 1983 No 150, Sch 1 (4). Rep 1994 No 85, Sch 3 (41).
Sec 19N
Ins 1983 No 150, Sch 1 (4). Am 1994 No 85, Sch 2 (24). Rep 1994 No
85, Sch 3 (41).
Sec 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).
Secs 19P–19T
Ins 1983 No 150, Sch 1 (4). Rep 1994 No 85, Sch 3 (41).
Sec 20
Am 1992 No 112, Sch 1. Subst 1994 No 85, Sch 3 (42).
Sec 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).
Sec 22
Am 1978 No 28, Sch 1 (34). Subst 1994 No 85, Sch 3 (44).
Sec 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].
Sec 23A
Ins 1986 No 129, Sch 1. Am 1994 No 85, Sch 1 (16). Rep 1994 No 85,
Sch 3 (45).
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Coal and Oil Shale Mine Workers (Superannuation) Act 1941 No 45 [NSW]
Historical Notes
Sec 24
Am 1947 No 39, sec 2 (1) (d); 1994 No 85, Sch 3 (46).
Sec 25
Am 1978 No 28, Sch 1 (35). Rep 1994 No 85, Sch 3 (47).
Sec 25A
Ins 1991 No 95, Sch 1 (26). Rep 1994 No 85, Sch 3 (47).
Sec 26
Subst 1983 No 153, Sch 2. Rep 1994 No 85, Sch 3 (47).
Sec 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).
Sec 27A
Ins 1983 No 150, Sch 2 (8). Rep 1994 No 85, Sch 3 (47).
Sec 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).
Sec 28
Am 1951 No 52, sec 5 (3) (g); 1971 No 17, sec 11 (c). Rep 1991 No 95,
Sch 1 (22).
Sec 28A
Ins 1978 No 28, Sch 1 (37). Rep 1994 No 85, Sch 3 (47).
Sec 28B
Ins 1978 No 28, Sch 1 (37). Am 1979 No 10, Sch 1 (8). Rep 1994 No 85,
Sch 3 (47).
Sec 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].
Sec 30
Am 1971 No 17, sec 11 (d); 1990 No 18, Sch 2 (16); 2001 No 121, Sch
2.44; 2007 No 94, Sch 2.
Sec 31
Rep 1994 No 85, Sch 3 (49).
Sec 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).
Sec 32A
Ins 1992 No 81, Sch 2 (13). Am 2000 No 17, Sch 1 [18] [19]. Rep 2008
No 35, Sch 1 [15].
Sec 33
Ins 1988 No 20, Sch 20.
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Coal and Oil Shale Mine Workers (Superannuation) Act 1941 No 45 [NSW]
Historical Notes
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
(on and from 18.6.1978); GG No 3 of 5.1.1979, p 38 (on and from
31.12.1978). Amounts varied 1979 No 10, Sch 2, cl 1 (1) (between
24.9.1978 and 30.12.1978). Am GG No 102 of 3.8.1979, p 3806 (on and
from 15.7.1979); GG No 163 of 30.11.1979, p 6035 (on and from
18.11.1979); GG No 31 of 22.2.1980, p 846 (on and from 13.1.1980),
GG No 84 of 13.6.1980, p 3038 (on and from 18.5.1980); GG No 102 of
1.8.1980, p 3939 (on and from 27.7.1980); GG No 170 of 14.11.1980, p
5888 (on and from 16.11.1980); GG No 38 of 6.3.1981, p 1477 (on and
from 25.1.1981); GG No 64 of 1.5.1981, p 2480 (on and from 17.5.1981,
for details see Gazette); GG No 99 of 10.7.1981, p 3749 (on and from
17.5.1981, for details see Gazette); GG No 174 of 13.11.1981, p 5849
(on and from 15.11.1981); GG No 31 of 26.2.1982, p 836 (on and from
13.12.1981); GG No 110 of 20.8.1982, p 3830 (on and from 11.7.1982);
GG No 122 of 10.9.1982, p 4251 (on and from 5.9.1982); GG No 172 of
16.12.1983, p 5692 (on and from 16.10.1983); GG No 76 of 18.5.1984, p
2529 (on and from 15.4.1984); GG No 82 of 17.5.1985, p 2167 (on and
from 14.4.1985); GG No 8 of 10.1.1986, p 132 (on and from
10.11.1985); GG No 136 of 29.8.1986, p 4213 (on and from 20.7.1986);
GG No 192 of 12.12.1986, p 6123 (on and from 18.1.1987); GG No 38
of 7.4.1989, p 1804 (on and from 12.2.1989); GG No 51 of 20.4.1990, pp
3258 (on and from 2.7.1989), 3260 (on and from 31.12.1989); GG No 76
of 15.6.1990, p 4894 (on and from 6.5.1990); GG No 129 of 19.10.1990,
p 9213 (on and from 1.7.1990); GG No 153 of 1.11.1991, p 9229 (on and
from 14.7.1991). Rep 1994 No 85, Sch 3 (51).
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]; 2006 No
42, Sch 1 [13] [14]; 2008 No 35, Sch 1 [16]–[18].
Sch 3
Ins 1992 No 81, Sch 2 (14). Am 2000 No 17, Sch 1 [22] [23].
Sch 4
Ins 1992 No 81, Sch 2 (14). Am 1994 No 1, Sch 3 (7). Rep 1994 No 85,
Sch 3 (53).
The whole Act Am 2008 No 35, Sch 1 [1] (“COALSUPER” omitted wherever
(except secs 2, occurring, “AUSCOAL” inserted instead).
15C (1), 18 and
19 and Schs 2
and 3)
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