Western Australian Current Acts Western Australian Current Acts1 This is a compilation of the Coal Miners’ Welfare Act
1947 and includes the amendments made by the other written laws referred to
in the following table. The table also contains information about any
reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
70 of 1947 (11 and 12 Geo. VI
No. 70) |
10 Jan 1948 |
1 Mar 1948 (see s. 1(1) and Gazette
27 Feb 1948 p. 461) |
|
|
Limitation Act 1935 s. 48A(1) |
35 of 1935 (26 Geo. V No. 35) (as amended by
No. 73 of 1954 s. 5) |
14 Jan 1955 |
Relevant amendments (see s. 48A and Second Sch.) took
effect on 1 Mar 1955 (see No. 73 of 1954 s. 2 and Gazette 18
Feb 1955 p. 343) |
|
Coal Miners’ Welfare Act Amendment
Act 1957 |
13 of 1957 (6 Eliz. II No. 13) |
30 Sep 1957 |
18 Oct 1957 (see s. 2 and Gazette
18 Oct 1957 p. 2918) |
|
Coal Miners’ Welfare Act Amendment
Act 1961 |
16 of 1961 (10 Eliz. II No. 16) |
20 Oct 1961 |
23 Feb 1962 (see s. 2 and Gazette
23 Feb 1962 p. 514) |
|
113 of 1965 |
21 Dec 1965 |
Act other than s. 4-9: 21 Dec 1965 (see s.
2(1)); |
|
|
Coal Miners’ Welfare Act Amendment
Act 1968 |
3 of 1968 |
26 Sep 1968 |
26 Sep 1968 |
|
Reprint of the Coal Miners’ Welfare
Act 1947 approved 7 Apr 1971
|
|||
|
94 of 1972 |
4 Dec 1972 |
Relevant amendments (see First Sch. 2) took
effect 1 Jan 1973 (see s. 4(2) and Gazette
29 Dec 1972 p. 4811) |
|
|
Acts Amendment (Financial Administration and Audit)
Act 1985 s. 3 |
98 of 1985 |
4 Dec 1985 |
1 Jul 1986 (see s. 2 and Gazette
30 Jun 1986 p. 2255) |
|
Coal Miners’ Welfare Amendment
Act 1986 |
76 of 1986 |
4 Dec 1986 |
s. 1 and 2: 4 Dec 1986; |
|
Acts Amendment (Public Sector Management) Act 1994
s. 3(2) |
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette
30 Sep 1994 p. 4948) |
|
Industrial Legislation Amendment Act 1995
s. 35 |
1 of 1995 |
9 May 1995 |
1 Jan 1996 (see s. 2(2) and Gazette
24 Nov 1995 p. 5389) |
|
Local Government (Consequential Amendments) Act 1996
s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
|
Coal Mines Legislation Amendment and Revival
Act 1998 Pt. 2 and 3 3 |
59 of 1998 |
31 Dec 1998 |
31 Dec 1998 (see s. 2) |
|
Reprint of the Coal Miners’ Welfare
Act 1947 as at 21 Dec 2001 (includes amendments listed
above) |
|||
|
Courts Legislation Amendment and Repeal Act 2004
s. 141 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7128) |
|
Coal Miners’ Welfare Amendment Act 2006
|
17 of 2006 |
17 May 2006 |
1 Jan 2007 (see s. 2) |
|
Financial Legislation Amendment and Repeal Act 2006
s. 17 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette
19 Jan 2007 p. 137) |
|
Reprint 3: The Coal Miners’ Welfare
Act 1947 as at 22 Feb 2008 (includes amendments listed
above) |
|||
|
Acts Amendment (Bankruptcy) Act 2009 s.
16 |
18 of 2009 |
16 Sep 2009 |
17 Sep 2009 (see s. 2(b)) |
|
Standardisation of Formatting Act 2010
s. 43(3) |
19 of 2010 |
28 Jun 2010 |
11 Sep 2010 (see s. 2(b) and Gazette
10 Sep 2010 p. 4341) |
|
Statutes (Repeals and Minor Amendments) Act 2011
s. 27 |
47 of 2011 |
25 Oct 2011 |
26 Oct 2011 (see s. 2(b)) |
2 The Schedule to the Metric Conversion Act 1972 was
redesignated as the First Schedule by the Metric Conversion Act Amendment
Act 1973.
3 The Coal Mines Legislation Amendment and Revival
Act 1998 Pt. 3 reads as follows:
“
Part 3 — Revival,
validation and transitional provisions
7. Interpretation
In this Part —
entitled relative means a person who, as a relative of a
deceased employee of a coal mine, is entitled to a benefit under
section 38(4) of the repealed Act as revived by section 8;
expiry day means the day on which an order under
section 12 is published in the Gazette;
Fund has the same meaning as in the Coal Miners’
Welfare Act 1947;
injured employee means a person who, as an employee of a
coal mine who has suffered personal injury or contracted a disease, is entitled
to payments under section 38(4) of the repealed Act as revived by
section 8;
Relief Fund means the Coal Mines Accident Relief Fund
referred to in section 38 of the repealed Act;
repealed Act means the Coal Mines Regulation
Act 1946 repealed by section 107 of the Mines Safety and
Inspection Act 1994 which came into operation on
9 December 1995;
repealed regulations means the Coal Mines Regulations
repealed by regulation 17.2 of the Mines Safety and Inspection
Regulations 1995 published in the Gazette on
8 December 1995;
Trust means the Coal Mines Accident Relief Fund Trust
referred to in section 38 of the repealed Act.
8. Revival
(1) Subject to subsection (2), the repealed Act other than
sections 2, 3, 5A to 37, 39 to 63 and 65 to 69 —
(a) is hereby revived;
(b) is taken to have been in operation from 9 December 1995;
and
(c) shall continue in operation until the expiry day.
(2) Despite the revival of section 38 of the repealed Act, neither an
owner nor an employee of a coal mine is required to contribute any moneys to the
Relief Fund after the commencement of this Act.
(3) The repealed regulations other than regulations 2 to 206 and 235
to 276 —
(a) are hereby revived;
(b) are taken to have been in operation from 9 December 1995;
and
(c) shall continue in operation until the expiry day.
9. Validation
(1) For the avoidance of doubt, anything done under —
(a) section 38 or 64 of the repealed Act; or
(b) regulations 207 to 234A of the repealed regulations,
before the commencement of this Act is as valid and effective as it would
have been if, at the time when it was done, the repealed Act or the repealed
regulations, as the case requires, had not been repealed.
(2) Without limiting the generality of subsection (1) —
(a) any moneys purported to have been payable to, contributed to and
received into the Relief Fund under section 38(1) or (2) of the repealed
Act before the commencement of this Act are taken to be, and to have always
been, validly payable to, contributed to and received into the Relief Fund and
to be recoverable accordingly;
(b) the appointment of a trustee of the Trust purported to have been made
under section 38(4) of the repealed Act before the commencement of this Act
is as valid and effective as it would have been if, at the time when it was
done, the repealed Act had not been repealed; and
(c) the appointment of a member of the accident committee, the secretary
of that committee and the secretary of the Trust purported to have been made
under the repealed regulations before the commencement of this Act is as valid
and effective as it would have been if, at the time when it was done, the
repealed regulations had not been repealed.
10. Application of Relief Fund moneys
(1) Moneys standing to the credit of the Relief Fund are to be applied by
the Trust as the Trust thinks fit, and with the approval of the Minister
—
(a) to the entitled relatives, by way of a lump sum payment in full
satisfaction of their entitlement to payment under the repealed Act;
(b) in payment of expenses and costs incurred under the repealed Act;
and
(c) in payment of the costs of, and related to, the implementation of this
Act.
(2) The entitlement of an injured employee to payment from the Relief Fund
ceases on the date the lump sum payments are made to entitled relatives under
subsection (1)(a).
(3) The balance of the moneys standing to the credit of the Relief Fund
after the payments referred to in subsection (1) have been made is to be
transferred to the separate account forming part of the Fund into which moneys
that are payable under section 6(1a) of the Coal Miners’ Welfare
Act 1947 as in force after the commencement of this Act are to be
credited.
11. Reporting
(1) The trust as constituted under the repealed Act on the commencement of
this Act is to, as soon as practicable after that commencement —
(a) perform the functions described in section 10; and
(b) prepare a report on its operations in respect of —
(i) the financial year ending on the last preceding 30 June;
and
(ii) the period commencing on the last preceding 1 July and ending
when there are no moneys in the Relief Fund and no moneys to be paid into the
Relief Fund.
(2) The reports prepared under subsection (1)(b) are to comply, with
any necessary modifications, with the provisions of the Financial
Administration and Audit Act 1985 regulating the financial
administration, audit and reporting of statutory authorities.
(3) A report under subsection (1)(b)(ii) is deemed to be an annual
report for the purposes of section 69 of the Financial Administration
and Audit Act 1985.
12. Expiry of revived provisions
When the Minister is satisfied that there are no moneys in the Relief
Fund and no moneys to be paid into the Relief Fund, the Minister is to make an
order to that effect, and publish that order in the Gazette.
”.
Defined
terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined term Provision(s)
Board 4
Chairman 4
coal
miners 4
Fund 4
Member 4
relevant
entity 12(1)
Secretary 4
subsection (1a) account 16(4)
vacating
Member 12(1)