Coal Industry Legislation Amendment Act 1982

No. 25 of 1982

An Act to amend the States Grants (Coal Mining Industry Long Service Leave) Act 1949 and the Coal Research Assistance Act 1977

[Assented to 6 May 1982]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

PART I—PRELIMINARY

Short title

1. This Act may be cited as the Coal Industry Legislation Amendment Act 1982.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

PART II—AMENDMENT OF STATES GRANTS (COAL MINING INDUSTRY LONG SERVICE LEAVE) ACT 1949

Principal Act

3. The States Grants (Coal Mining Industry Long Service Leave) Act 19491 is in this Part referred to as the Principal Act.

Coal Mining Industry Long Service Leave Fund

4. Section 3 of the Principal Act is amended by omitting paragraph (3) (aa) and substituting the following paragraphs:

“(aa) amounts equal to two-thirds of the amounts raised as duties of Excise on coal (other than coal to which paragraph (a) applies) —

(i) in respect of which an entry authorizing the removal of the coal from a coal mine was or is made before 1 April 1982; or

(ii) that was or is removed from a coal mine before that date, without entry, in pursuance of sub-section 24 (2) of the Coal Excise Act 1949;

“(ab) amounts equal to four-fifths of the amounts from time to time raised as duties of Excise on coal, other than coal to which paragraph (a) or (aa) applies; and”.

PART III—AMENDMENT OF COAL RESEARCH ASSISTANCE

ACT 1977

Principal Act

5. The Coal Research Assistance Act 19772 is in this Part referred to as the Principal Act.

Moneys to be paid into the Research Account

6. Section 5 of the Principal Act is amended—

(a) by omitting paragraph (1) (a) and substituting the following paragraphs:

“(a) amounts equal to one-third of the amounts raised as duties of Excise on—

(i) coal in respect of which an entry authorizing the removal of the coal from a coal mine was or is made during the period that commenced at the hour of 2 o’clock in the morning by standard time in the Australian Capital Territory on 17 August 1977 and ended or ends on the expiration of 31 March 1982 according to legal time in the place where the entry was or is made; or

(ii) coal removed from a coal mine, without entry, in pursuance of sub-section 24 (2) of the Coal Excise Act 1949, during the period that commenced at the hour of 2 o’clock in the morning by standard time in the Australian Capital Territory on 17 August 1977 and ended

or ends on the expiration of 31 March 1982 according to legal time in the place where the mine is situated;

“(aa) amounts equal to one-fifth of the amounts from time to time raised as duties of Excise on—

(i) coal in respect of which an entry authorizing the removal of the coal from a coal mine was or is made on or after 1 April 1982; or

(ii) coal removed from a coal mine on or after that date, without entry, in pursuance of sub-section 24 (2) of the Coal Excise Act 1949;”; and

(b) by inserting in sub-section (2) “or (aa)” after “(1) (a)”.

NOTES

1. No. 80, 1949, as amended. For previous amendments, see No. 1, 1950; No. 54, 1956; No. 20, 1961; No. 77, 1968; and No. 137, 1977.

2. No. 135, 1977.