Coal and Oil Shale Mine Workers' Superannuation Act 1989

Queensland Coal and Oil Shale Mine Workers’ Superannuation Act 1989 Current as at 14 December 2007 Reprint note This is the last reprint before repeal. Repealed on 1 July 2015 by 2014 Act No. 47 s 244.

Information about this reprint This Act is reprinted as at 14 December 2007. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland Coal and Oil Shale Mine Workers’ Superannuation Act 1989 Contents Part 1 1 2 3 Part 2 4 Part 3 Division 1 5 Division 2 6 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Meaning of mine worker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Contributions Contributions to superannuation fund. . . . . . . . . . . . . . . . . . . . . . 6 Transitional provisions Transitional provision for Mining and Other Legislation Amendment Act 2000 Declaration about repealed s 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Transitional provision for Mineral Resources and Other Legislation Amendment Act 2005 References to superannuation fund from merger day until the commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Endnotes 1 2 3 4 5 6 7 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 9 10 10 11 11 12

Coal and Oil Shale Mine Workers’ Superannuation Act 1989 Part 1 Preliminary [s 1] Coal and Oil Shale Mine Workers’ Superannuation Act 1989 [as amended by all amendments that commenced on or before 14 December 2007] An Act to provide for the superannuation fund contributions by employers and employees in the coal and oil shale mining industries Part 1 Preliminary 1 Short title This Act may be cited as the Coal and Oil Shale Mine Workers’ Superannuation Act 1989 . 2 Definitions In this Act— merger day means the day the Queensland Coal and Oil Shale Mining Industry Superannuation Fund merges with another fund to form AUSCOAL Superannuation Fund. mine means a coal or oil shale mine. mine worker see section 3. owner , of a mine— (a) means a person who is the proprietor, lessee or occupier of a mine or any part of a mine but does not include— (i) a person who merely receives a royalty, rent or fine from the mine; or Current as at 14 December 2007 Page 3

Coal and Oil Shale Mine Workers’ Superannuation Act 1989 Part 1 Preliminary [s 3] (ii) the proprietor of a mine that is subject to a lease, grant or licence to another person for working the mine; or (iii) a person who is merely the owner of the soil and has no interest in the coal or oil shale of the mine; and (b) includes the holder of an exploration permit for coal under the Mineral Resources Act 1989 . superannuation fund means— (a) until the merger day—the Queensland Coal and Oil Shale Mining Industry Superannuation Fund; or (b) on and from the merger day—AUSCOAL Superannuation Fund. trustee means the trustee of the superannuation fund. 3 Meaning of mine worker (1) The following persons are mine workers— (a) a person employed, whether underground or above ground, in or about a mine by the owner of the mine; (b) a person employed by the owner of a mine principally to transport coal or oil shale from the mine to a railway line, wharf, processing works or other point of delivery; (c) an elected official of an employee organisation of which the majority of members are mine workers; (d) a superintendent, manager or under manager of a mine; (e) a person ( person A ) employed by the owner of a mine in a capacity only indirectly connected with the working of the mine or only on a part-time or casual basis if— (i) appropriate contributions have been made to the superannuation fund by and for person A and the trustee has not decided that person A is not a mine worker for the purposes of this Act; or Page 4 Current as at 14 December 2007

Coal and Oil Shale Mine Workers’ Superannuation Act 1989 Part 1 Preliminary [s 3] (ii) the trustee is satisfied person A is a mine worker for the purposes of this Act; (f) a coke worker employed in or about a mine by the owner of the mine; (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 a mine; and (b) the person works, whether underground or above ground, in or about the mine; and (c) the person would be a mine worker under subsection (1) if the person 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 connection with the mine under an agreement between the contractor and the owner; and (b) person B is employed by the contractor, whether underground or above ground, in or about the mine under either of the following awards to which the contractor is a respondent— (i) the Coal Mining Industry (Production and Engineering) Consolidated Award 1997; (ii) the Coal Mining Industry (Staff) Award, 2004; and (c) person B would be a mine worker under subsection (1) if person B carried out the same duties or performed the same work as an employee of the owner. (4 ) Also, a person ( person C ) is taken to be a mine worker if— (a) a further person (a subcontractor ), carries out work in connection with the mine under an agreement between the subcontractor and the contractor; and (b) person C is employed by the subcontractor, whether underground or above ground, in or about the mine Current as at 14 December 2007 Page 5

Coal and Oil Shale Mine Workers’ Superannuation Act 1989 Part 2 Contributions [s 4] under either of the following awards to which the subcontractor is a respondent— (i) the Coal Mining Industry (Production and Engineering) Consolidated Award 1997; (ii) the Coal Mining Industry (Staff) Award, 2004; and (c) person C would be a mine worker under subsection (1) if person C carried out the same duties or performed the same work as an employee of the owner. Part 2 Contributions 4 Contributions to superannuation fund (1) For each pay period for each mine worker, the following persons must make contributions to the superannuation fund at the rates stated— (a) the mine worker, at the rate of 2.5% of the award wage for a coalcutting machineman under the Coal Mining Industry (Production and Engineering) Consolidated Award 1997 (the award wage ); (b) the mine worker’s employer, at the rate of 7.5% of the award wage. Maximum penalty for subsection (1)(b)—20 penalty units. (2) The following persons are employers for the class of mine worker stated 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; Page 6 Current as at 14 December 2007

Coal and Oil Shale Mine Workers’ Superannuation Act 1989 Part 3 Transitional provisions [s 5] (f) section 3(4)—the subcontractor. (3) Contributions to be made under subsection (1) must be made within 21 days after the end of the month in which the mine worker’s pay period ended. (4) Contributions to be paid under subsection (1) that are not paid within the period specified in subsection (3) are a debt payable to the trustee. (5) Subsection (1) does not apply when a mine worker is on unpaid leave. (6) In subsection (5)— unpaid leave , for a mine worker, means leave during which the mine worker is, with the consent of the mine worker’s employer, absent without 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, wages or other remuneration from the employer; or (b) leave during which the mine worker receives compensation under the Workers’ Compensation and Rehabilitation Act 2003 . Part 3 Transitional provisions Division 1 Transitional provision for Mining and Other Legislation Amendment Act 2000 5 Declaration about repealed s 3 (1) Any obligation to pay contributions in relation to a mine worker, mentioned in section 3 repealed by section 6 of the Current as at 14 December 2007 Page 7

Coal and Oil Shale Mine Workers’ Superannuation Act 1989 Part 3 Transitional provisions [s 6] Mining and Other Legislation Amendment Act 2000 , never applied when the mine worker was on unpaid leave. (2) In subsection (1)— unpaid leave has the same meaning as in section 4. Division 2 Transitional provision for Mineral Resources and Other Legislation Amendment Act 2005 6 References to superannuation fund from merger day until the commencement (1) This section applies if the merger day is earlier than the commencement of this section. (2) For the period starting on the merger day and ending immediately before the commencement, a reference in this Act to the superannuation fund is taken to have been a reference to AUSCOAL Superannuation Fund. Page 8 Current as at 14 December 2007

Endnotes Coal and Oil Shale Mine Workers’ Superannuation Act 1989 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 14 December 2007. Future amendments of the Coal and Oil Shale Mine Workers’ Superannuation Act 1989 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Current as at 14 December 2007 Page 9

Coal and Oil Shale Mine Workers’ Superannuation Act 1989 Endnotes 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A 1B Amendments to 1994 Act No. 29 1997 Act No. 62 2000 Act No. 18 Effective 1 July 1994 5 December 1997 8 June 2000 Reprint date 5 June 1996 10 February 1998 14 June 2000 Reprint No. 1C 1D 2 2A Amendments included 2003 Act No. 27 2005 Act No. 8 — 2007 Act No. 46 Effective 1 July 2003 18 March 2005 18 March 2005 14 December 2007 Notes R1D withdrawn, see R2 Page 10 Current as at 14 December 2007

Coal and Oil Shale Mine Workers’ Superannuation Act 1989 Endnotes 5 Tables in earlier reprints Name of table Corrected minor errors Obsolete and redundant provisions Reprint No. 1 1 6 List of legislation Coal and Oil Shale Mine Workers’ Superannuation Act 1989 No. 79 date of assent 18 September 1989 ss 1–2 commenced on date of assent remaining provisions commenced 25 December 1989 (proc pubd gaz 23 December 1989 p 2712) amending legislation— Anti-Discrimination Amendment Act 1994 No. 29 ss 1–3 sch date of assent 28 June 1994 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 1994 (see s 2) Coal Legislation Amendment Act 1997 No. 62 pts 1, 3, s 13 sch date of assent 5 November 1997 ss 1–2 commenced on date of assent remaining provisions commenced 5 December 1997 (1997 SL No. 419) Mining and Other Legislation Amendment Act 2000 No. 18 pts 1–2 date of assent 8 June 2000 commenced on date of assent Workers Compensation and Rehabilitation Act 2003 No. 27 ss 1–2(2), 622 sch 5 date of assent 23 May 2003 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2003 (see s 2(2)) Mineral Resources and Other Legislation Amendment Act 2005 No. 8 pts 1, 4 date of assent 18 March 2005 commenced on date of assent Mining and Other Legislation Amendment Act 2007 No. 46 pts 1–2 date of assent 25 October 2007 ss 1–2 commenced on date of assent remaining provisions commenced 14 December 2007 (2007 SL No. 313) Current as at 14 December 2007 Page 11

Coal and Oil Shale Mine Workers’ Superannuation Act 1989 Endnotes 7 List of annotations Title amd R1 (see s 3 and RA s 7(1)(k)); 2000 No. 18 s 3 PART 1—PRELIMINARY pt hdg ins 2000 No. 18 s 4 Definitions prov hdg amd 1997 No. 62 s 13 sch s 2 prev s 2 om R1 (see RA s 37) pres s 2 (prev s 4) renum 1997 No. 62 s 13 sch def “contributor” om 2000 No. 18 s 5(1) def “existing pensioner” om 2000 No. 18 s 5(1) def “fund” om 2000 No. 18 s 5(1) def “merger day” ins 2005 No. 8 s 50(2) def “mine” ins 2000 No. 18 s 5(2) def “mine worker” sub 2000 No. 18 s 5 def “Minister” om from prev s 4 R1 (see RA s 39) def “owner” ins 2000 No. 18 s 5(2) def “previous Act” om 2000 No. 18 s 5(1) def “superannuation fund” sub 2005 No. 8 s 50 def “tribunal” om 2000 No. 18 s 5(1) Meaning of “mine worker” s 3 prev s 3 om R1 (see RA s 40) pres s 3 (prev s 13) renum 1997 No. 62 s 13 sch sub 2000 No. 18 s 6 amd 2005 No. 8 s 51 PART 2—CONTRIBUTORS pt hdg ins 2000 No. 18 s 6 Contributions to superannuation fund prov hdg amd 1997 No. 62 s 13 sch s 4 (prev s 16) renum 1997 No. 62 s 13 sch amd 1997 No. 62 s 13 sch sub 2000 No. 18 s 6 amd 2003 No. 27 s 622 sch 5; 2007 No. 46 s 4 PART 3—TRANSITIONAL PROVISIONS pt hdg ins 2000 No. 18 s 6 sub 2005 No. 8 s 52 Division 1—Transitional provision for Mining and Other Legislation Amendment Act 2000 div hdg ins 2005 No. 8 s 52 Declaration about repealed s 3 s 5 prev s 5 om 1997 No. 62 s 14 pres s 5 (prev s 18) renum 1997 No. 62 s 13 sch sub 2000 No. 18 s 6 Page 12 Current as at 14 December 2007

Coal and Oil Shale Mine Workers’ Superannuation Act 1989 Endnotes Division 2—Transitional provision for Mineral Resources and Other Legislation Amendment Act 2005 div hdg ins 2005 No. 8 s 53 References to superannuation fund from merger day until the commencement s 6 prev s 6 om 1997 No. 62 s 14 pres s 6 ins 2005 No. 8 s 53 Transfer of assets and liabilities s 7 om 1997 No. 62 s 14 Stamp duty not payable s 8 om 1997 No. 62 s 14 Officers under previous Act s 9 om 1997 No. 62 s 14 Records in respect of the fund s 10 om 1997 No. 62 s 14 Payments from superannuation fund to contributors s 11 om 1997 No. 62 s 14 Payments to existing pensioners and dependants s 12 om 1997 No. 62 s 14 Employment after retirement age prohibited s 14 om 1994 No. 29 s 3 sch Powers of trustee s 15 om 1997 No. 62 s 15 Recovery of over payments of pensions and lump sum benefit payments s 17 om 1997 No. 62 s 16 Transitional s 19 om 1997 No. 62 s 17 © State of Queensland 2009 Authorised by the Parliamentary Counsel Current as at 14 December 2007 Page 13