2000ABILLFORAn Act to amend certain Acts
administered by the Minister for MinesandEnergyandMinisterAssistingtheDeputyPremieronRegional Development
s14Mining and Other
Legislation AmendmentThe Parliament of Queensland
enacts—s41†PART
1—PRELIMINARYClause˙Short
title1.ThisActmaybecitedastheMiningandOtherLegislationAmendment Act
2000.2345†PART
2—AMENDMENT OF COAL AND OIL SHALEMINE WORKERS’
SUPERANNUATION ACT 1989Clause˙Act
amended in pt 22.ThispartamendstheCoalandOilShaleMineWorkers’Superannuation
Act 1989.Clause˙Amendment of title3.Title, from ‘the transfer
of’ to ‘Superannuation
Fund’—omit, insert—‘superannuation fund contributions by
employers and employees inthe coal and oil shale mining
industries’.Clause˙Insertion of new part heading4.Before section 1—insert—‘PART 1—PRELIMINARY’.678910111213141516171819
s55s6Mining
and Other Legislation AmendmentClause˙Amendment of s 2 (Definitions)5.(1)Section2,definitions“contributor”,“existingpensioner”,“fund”,“mine
worker”,“previous Act”and“tribunal”—omit.(2)Section 2—insert—‘“mine”means a coal or
oil shale mine.“mine worker”see section
3.“owner”, of a
mine—(a)meansapersonwhoistheproprietor,lesseeoroccupierofamine or any part of a mine but does
not include—(i)a person who merely receives a
royalty, rent or fine from themine; or(ii)the proprietor
of a mine that is subject to a lease, grant orlicence to
another person for working the mine; or(iii)apersonwhoismerelytheownerofthesoilandhasnointerest in the
coal or oil shale of the mine; and(b)includes the holder of an exploration permit
for coal under theMineral Resources Act 1989.’.Clause˙Replacement of ss 3–56.Sections 3 to 5—omit,
insert—˙‘Meaning of “mine
worker”‘3.(1)The following
persons are mine workers—(a)a person
employed, whether underground or above ground, in orabout a mine by the owner of the
mine;(b)a person employed by the owner of a
mine principally to transportcoaloroilshalefromtheminetoarailwayline,wharf,processing works
or other point of delivery;1234567891011121314151617181920212223242526272829
s66s6Mining
and Other Legislation Amendment(c)anelectedofficialofanemployeeorganisationofwhichthemajority of members are mine workers;(d)a superintendent, manager or under
manager of a mine;(e)a person (“personA”) employed by the owner of a mine in
acapacity only indirectly connected with the
working of the mine oronly on a part-time or casual basis
if—(i)appropriatecontributionshavebeenmadetothesuperannuation
fund by and for person A and the trustee hasnotdecidedthatpersonAisnotamineworkerforthepurposes of this
Act; or(ii)thetrusteeissatisfiedpersonAisamineworkerforthepurposes of this
Act;(f)a coke worker employed in or about a
mine by the owner of themine;(g)a
superintendent or an instructor of a mines rescue brigade.‘(2)A person is
taken to be a mine worker if—(a)the
person is a member of a partnership that is the owner of amine; and(b)the
person works, whether underground or above ground, in orabout the mine; and(c)the
person would be a mine worker under subsection (1) if theperson were employed by the
partnership.‘(3)Also, a person
(“person B”) is taken to be
a mine worker if—(a)another person (a“contractor”), carries out
work in connectionwith the mine under an agreement between the
contractor and theowner; and(b)person B is employed by the contractor,
whether underground orabove ground, in or about the mine
under either of the followingawards to which
the contractor is a respondent—(i)theCoalMiningIndustry(ProductionandEngineering)Consolidated
Award 1997;(ii)the Coal Mining
Industry (Supervision and Administration)1234567891011121314151617181920212223242526272829303132
s67s6Mining
and Other Legislation AmendmentConsent Award,
1990 Queensland; and(c)personBwouldbeamineworkerundersubsection(1)ifperson B carried out the same duties
or performed the same workas an employee of the owner.‘(4)Also, a person
(“person C”) is taken to be
a mine worker if—(a)afurtherperson(a“subcontractor”),carriesoutworkinconnectionwiththemineunderanagreementbetweenthesubcontractor and the contractor;
and(b)person C is employed by the
subcontractor, whether undergroundoraboveground,inoraboutthemineundereitherofthefollowing awards to which the
subcontractor is a respondent—(i)theCoalMiningIndustry(ProductionandEngineering)Consolidated
Award 1997;(ii)the Coal Mining
Industry (Supervision and Administration)Consent Award,
1990 Queensland; and(c)personCwouldbeamineworkerundersubsection(1)ifperson C carried out the same duties
or performed the same workas an employee of the owner.123456789101112131415161718†‘PART
2—CONTRIBUTIONS˙‘Contributions to
superannuation fund‘4.(1)For each pay
period for each mine worker, the following personsmust
make contributions to the superannuation fund at the rates
stated—(a)themineworker,attherateof2.5%oftheawardwageforacoalcuttingmachinemanundertheCoalMiningIndustry(ProductionandEngineering)ConsolidatedAward1997(the“award wage”);(b)themineworker’semployer,attherateof7.5%oftheawardwage.Maximum penalty for subsection (1)(b)—20
penalty units.1920212223242526272829
s68s6Mining
and Other Legislation Amendment‘(2)The following persons are employers
for the class of mine workerstated in the
section mentioned—(a)section 3(1)(a), (b), (d), (e) and
(f)—the owner of the mine;(b)section
3(1)(c)—the employee organisation;(c)section 3(1)(g)—the mines rescue
brigade;(d)section 3(2)—the partnership;(e)section 3(3)—the contractor;(f)section 3(4)—the subcontractor.‘(3)Contributions to
be made under subsection (1) must be made within14daysaftertheendofthemineworker’spayperiodtowhichthecontributions relate.‘(4)Contributions to be paid under
subsection (1) that are not paid withinthe period
specified in subsection (3) are a debt payable to the
trustee.‘(5)Subsection(1)doesnotapplywhenamineworkerisonunpaidleave.‘(6)In subsection (5)—“unpaid
leave”, for a mine worker, means leave during
which the mineworkeris,withtheconsentofthemineworker’semployer,absentwithout remuneration from employment and
includes parental leave,compassionate leave and special leave
but does not include—(a)sick leave
during which the mine worker receives salary, wagesor
other remuneration from the employer; or(b)leave during which the mine worker receives
compensation undertheWorkCover Queensland Act 1996.123456789101112131415161718192021222324
s79s9Mining
and Other Legislation Amendment†‘PART 3—TRANSITIONAL PROVISION
FORMINING AND OTHER LEGISLATION AMENDMENTACT
2000˙‘Declaration about
repealed s 3‘5.(1)Any obligation
to pay contributions in relation to a mine worker,mentionedinsection3repealedbysection6oftheMiningandOtherLegislation
Amendment Act 2000, never applied when the mine worker
wason unpaid leave.‘(2)In subsection (1)—“unpaid
leave”has the same meaning as in section
4.’.12345678910†PART 3—AMENDMENT
OF COAL MINING SAFETYAND HEALTH ACT 1999˙Act amended in pt 3Clause7.This part amends theCoal
Mining Safety and Health Act 1999.Clause˙Amendment of s 14 (Meaning of “standard
operating procedure”)8.Section 14, ‘a
way of working’—omit, insert—‘a documented
way of working’.Clause˙Amendment of s 149 (Return of things that
have been seized)9.Section 149(1)—insert—‘(c)if a board of
inquiry or coroner’s inquest involving the thing isstarted within 6 months, at the end of the
inquiry or inquest.’.11121314151617181920212223
s
1010s 13Mining and Other
Legislation AmendmentClause˙Amendment of s 186 (Membership and conduct of
boardproceedings)10.Section 186(6) to (8)—omit,
insert—‘(6)Inspectors and
industry safety and health representatives are taken tobe
currently engaged in the mining industry.‘(7)A member may be appointed for a term
of not more than 5 years.’.Clause˙Amendment of s 201 (Action to be taken
in relation to site of accidentor
incident)11.Section 201(1)(c), after
‘inspector’—insert—‘within 1 month
after the accident or incident’.Clause˙Amendment of s 258 (Court may order
suspension or cancellation ofcertificate)12.Section 258—insert—‘(3)Apersondissatisfiedwiththeindustrialmagistrate’sdecisiontosuspendorcanceltheperson’scertificateofcompetencywhowantstoappeal against the decision, must appeal to
the Industrial Court.’.Clause˙Insertion of new s 275A13.Part
17, division 2—insert—˙‘Disclosure of information‘275A.(1)Apersonmustnotdiscloseinformationconcerningthepersonal affairs of a person or commercially
sensitive information obtainedbythepersonintheadministrationofthisAct,unlessthedisclosureismade—123456789101112131415161718192021222324252627
s
1411s 15Mining and Other
Legislation Amendment(a)with the consent
of the person from whom the information wasobtained;
or(b)in the administration of this Act;
or(c)in a proceeding under this Act or a
report of the proceeding; or(d)in a
proceeding before a court in which the information is
relevantto the issue before the court.Maximum penalty—100 penalty units.‘(2)However, the
chief inspector may communicate anything that comesto
the chief inspector’s knowledge under this Act to an officer or
authorityresponsible for administering a law of
Queensland, the Commonwealth oranother State
about safety and health in mining.‘(3)This section does not limit theFreedom of Information Act 1992.’.123456789101112†PART 4—AMENDMENT
OF EXPLOSIVES ACT 1999˙Act amended in pt
4Clause14.This
part amends theExplosives Act 1999.Clause˙Amendment of s 140 (Existing
regulations)15.Section 140(5), ‘1 year after it
commences’—omit, insert—‘on 30 June
2001’.13141516171819
s
1612s 20Mining and Other
Legislation Amendment†PART 5—AMENDMENT
OF MINING ANDQUARRYING SAFETY AND HEALTH ACT 1999Clause˙Act
amended in pt 516.This part amends theMining and Quarrying Safety and Health
Act1999.Clause˙Amendment of s 72 (Duration of
appointment)17.Section 72(3)—omit.Clause˙Amendment of s 183 (Membership and conduct of
boardproceedings)18.Section 183(7) and (8)—omit,
insert—‘(7)A member may be
appointed for a term of not more than 5 years.’.Clause˙Amendment of s 197 (Site not to be interfered
with withoutpermission)19.Section 197(1), after ‘incident’—insert—‘of a type
prescribed by regulation,’.Clause˙Amendment of s 198 (Action to be taken
in relation to site of accidentor
incident)20.Section 198(1)(c) and penalty—omit, insert—‘(c)iftheaccidentorincidentisatypeprescribedbyregulation,forwardthereporttoaninspectorwithin1monthafterthe123456789101112131415161718192021222324
