{"id":"C2004A00800","name":"Coal Industry Repeal Act 2001","slug":"coal-industry-repeal-act-2001","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"32 of 2001","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":6166,"registerId":"commonwealth-C2004A00800-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Coal Industry Repeal Act 2001","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\n \n\n \n\n \n\n \n\nCoal Industry Repeal Act 2001\n\n \n\nNo. 32, 2001\n\n![](image.001.png)\n\n \n\n \n\n \n\n \n\nCoal Industry Repeal Act 2001\n\n \n\nNo. 32, 2001\n\n \n\n \n\n \n\n \n\nAn Act to repeal the Coal Industry Act 1946, and for related purposes\n\n \n\n \n\nContents\n\n1 Short title...................................\n\n2 Commencement...............................\n\n3 Schedule(s)..................................\n\n4 Dissolution of Joint Coal Board etc....................\n\n5 Commonwealth records...........................\n\n6 Workers’ compensation schemes.....................\n\n7 Compensation for acquisition of property................\n\nSchedule 1—Coal Industry Act 1946\n\n \n\n![](image.001.png)\n\nCoal Industry Repeal Act 2001\n\nNo. 32, 2001\n\n \n\n \n\n \n\nAn Act to repeal the Coal Industry Act 1946, and for related purposes\n\n[Assented to 28 April 2001]\n\nThe Parliament of Australia enacts:\n\n1  Short title\n\n  This Act may be cited as the Coal Industry Repeal Act 2001.\n\n2  Commencement\n\n  This Act commences on a day or days to be fixed by Proclamation.\n\n3  Schedule(s)\n\n  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.\n\n4  Dissolution of Joint Coal Board etc.\n\n (1) The Joint Coal Board is dissolved in so far as it is constituted under the Coal Industry Act 1946.\n\n (2) It is the intention of the Parliament that a law of New South Wales may:\n\n (a) make provision for the transfer of the assets, rights and liabilities of the Joint Coal Board; and\n\n (b) make provision for the transfer of the members of staff of the Joint Coal Board immediately before the dissolution of the Board; and\n\n (c) make provision for any other matter that is incidental to the dissolution of the Joint Coal Board.\n\nNote: Section 5 places a restriction on the transfer of Commonwealth records under such a law of New South Wales.\n\n (3) In this section:\n\nassets means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, choses in action and documents.\n\nJoint Coal Board means the body corporate constituted under:\n\n (a) the Coal Industry Act 1946; and\n\n (b) the Coal Industry Act 1946 of New South Wales.\n\nliabilities means all liabilities, debts and obligations (whether present or future and whether vested or contingent).\n\nrights means all rights, powers, privileges and immunities (whether present or future and whether vested or contingent).\n\n5  Commonwealth records\n\n (1) This Act does not authorise a Commonwealth record (within the meaning of the Archives Act 1983) to be transferred or otherwise dealt with except in accordance with the provisions of the Archives Act 1983.\n\n (2) A Commonwealth record (within the meaning of the Archives Act 1983) must not be transferred to a person under a law of New South Wales that makes provision for matters of a kind mentioned in subsection 4(2) of this Act unless the National Archives of Australia has given permission under paragraph 24(2)(b) of the Archives Act 1983.\n\n6  Workers’ compensation schemes\n\n (1) Any workers’ compensation scheme established by the Joint Coal Board (within the meaning of section 4 of this Act) and in operation under section 26 of the Coal Industry Act 1946 immediately before the repeal of that Act is taken to have been established by the company nominated under clause 3 of Schedule 8 to the Coal Industry Act 2001 of New South Wales.\n\n (2) This section does not limit section 4.\n\n7  Compensation for acquisition of property\n\n (1) If:\n\n (a) apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms; and\n\n (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;\n\nthe Commonwealth is liable to pay the person a reasonable amount of compensation in respect of the acquisition.\n\n (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n (3) In this section:\n\nacquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\njust terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n\n\n\nSchedule 1—Coal Industry Act 1946\n\n \n\n1  The whole of the Act\n\nRepeal the Act.\n\n \n\n \n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 28 June 2000\n\nSenate on 5 April 2001]\n\n \n\n(131/00)\n\n\n \n\n \n\n \n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This Act changes the legal regime by repealing the Coal Industry Act 1946 in full (Schedule 1) and dissolving the Joint Coal Board as constituted under that Act (section 4(1)). It replaces Commonwealth statutory operation of those functions with a framework that depends on New South Wales law to transfer assets, staff and liabilities (section 4(2)), places limits on transfer of Commonwealth records (section 5), preserves continuity of workers' compensation schemes under a NSW-nominated company (section 6(1)), and provides for Commonwealth payment of compensation where repeal effects an acquisition otherwise than on just terms (section 7). These provisions alter the scope of who holds assets, who bears liabilities and who administers certain schemes compared with the operation of the 1946 Act."},"complexity_factors":["Cross-jurisdictional interaction: the Act depends on a New South Wales law to effect transfers of assets, staff, rights and liabilities (section 4(2)).","Archival constraint: Commonwealth records transfers are restricted and require National Archives permission under the Archives Act 1983 (section 5(1)–(2)).","Constitutional property dimension: the Act recognises potential acquisitions otherwise than on just terms and establishes Commonwealth liability for compensation (section 7).","Commencement by proclamation introduces timing uncertainty and administrative sequencing issues (section 2).","Reference to and reliance on other legislation and instruments (Archives Act 1983; Coal Industry Act 2001 (NSW) Schedule 8), creating dependencies outside this Act (sections 5 and 6).","Definitions and legal breadth: wide definition of \"assets, rights and liabilities\" encompasses many legal interests, increasing the range of matters to be transferred (section 4(3) definitions).","Dispute-resolution path: compensation amounts may require Federal Court proceedings, adding litigation complexity (section 7(2)).","Use of Parliament's expressed \"intention\" in place of direct operative provisions for transfers creates legal and interpretive uncertainty (section 4(2))."],"plain_english_summary":"# What this law does\n\n- Mechanically, the Act repeals the Coal Industry Act 1946 in full (Schedule 1, item 1) and dissolves the Joint Coal Board insofar as it was constituted under that 1946 Act (section 4(1)).\n\n- The Act allows for transfer arrangements to be made under a law of New South Wales for the Board's assets, rights and liabilities, its staff, and other incidental matters (section 4(2)). That is expressed as an intention of the Parliament that a New South Wales law may provide for those transfers (section 4(2)).\n\n- The Act prevents Commonwealth records from being transferred except in accordance with the Archives Act 1983 and requires permission from the National Archives of Australia before any transfer of Commonwealth records under a New South Wales law of the kind mentioned (section 5(1)–(2)).\n\n- Any workers’ compensation scheme that was established by the Joint Coal Board and operating immediately before repeal is treated as if it had been established by the company nominated under clause 3 of Schedule 8 to the Coal Industry Act 2001 of New South Wales (section 6(1)).\n\n- If the practical effect of the repeal would amount to an acquisition of property otherwise than on just terms, the Commonwealth is liable to pay reasonable compensation; disputes about the amount can be litigated in the Federal Court (section 7(1)–(3)).\n\n# Who is affected and who decides\n\n- The Joint Coal Board (the statutory body under the 1946 Act) is dissolved under this Act (section 4(1)).\n\n- The Commonwealth remains responsible for complying with the Archives Act and must secure National Archives permission before transferring Commonwealth records under a NSW law (section 5(1)–(2)).\n\n- The Parliament signals that New South Wales may enact laws to receive and deal with the Board’s assets, liabilities and staff (section 4(2)); the Act does not itself perform those transfers but provides for them to be made under NSW law.\n\n- If property is effectively acquired, the Commonwealth must pay compensation; the amount is subject to agreement or, if contested, determination by the Federal Court (section 7(1)–(3)).\n\n# Why it matters (mechanically and in practical terms)\n\n- Ownership and contractual counterparties can change: the Act clears the way for transfers of legal and equitable interests, securities, choses in action, documents and other property described as \"assets, rights and liabilities\" to be dealt with by a New South Wales law (definitions and section 4(2)). That changes who holds legal title and who is contractually responsible for liabilities.\n\n- Staff who were employed by the Joint Coal Board immediately before dissolution can be transferred under a NSW law (section 4(2)(b)), changing employer-employee relationships and the entity responsible for employment obligations.\n\n- The Act preserves archival controls: transfers of Commonwealth records are constrained by the Archives Act and require National Archives permission (section 5). That adds an administrative compliance step for any transfer involving Commonwealth records.\n\n- Continuity for workers' compensation: existing schemes are treated as having been created by a particular NSW-nominated company, which shifts the legal identity of the scheme sponsor (section 6(1)).\n\n- Fiscal exposure: if the repeal results in an acquisition of property otherwise than on just terms, the Commonwealth must pay compensation (section 7(1)). This creates a contingent cost on the public purse and a route for affected persons to litigate (section 7(2)).\n\n# Costs, incentives and trade-offs (source-grounded)\n\n- Who pays: the Commonwealth pays compensation if the repeal effects an acquisition of property otherwise than on just terms (section 7(1)). Taxpayers bear this contingent cost until resolved.\n\n- Who decides and where discretion lies: commencement date is by proclamation (section 2), New South Wales lawmakers decide the form and recipient of transfers under state law (section 4(2)), and the National Archives decides on permission to transfer Commonwealth records (section 5(2)). The Federal Court decides disputed compensation amounts (section 7(2)).\n\n- Compliance burden and administrative steps: any proposed transfer of Commonwealth records must comply with the Archives Act 1983 and obtain National Archives permission (section 5). Transfers under NSW law will require administrative action under that state law as foreshadowed by the Parliament (section 4(2)).\n\n- Effects on private parties and markets: by enabling the transfer of assets, rights and liabilities to entities under NSW law, the Act changes legal ownership and potential counterparties for contracts and liabilities (section 4(2)). The Act also reassigns responsibility for existing workers’ compensation schemes to a named corporate entity under NSW law (section 6(1)), which alters who businesses or workers deal with for compensation matters.\n\n- Risk allocation and substitution effects: the Act shifts the mechanism (from a Commonwealth statutory board to state-based arrangements) for managing coal industry functions and associated schemes. This substitution could concentrate benefits for the recipient entity (e.g. a company nominated under NSW law) while spreading contingent compensation costs to the Commonwealth if constitutional acquisition issues arise (sections 4(2), 6(1), 7(1)).\n\n# Implementation risks and open points\n\n- The Act relies on NSW law to carry out transfers; the actual legal effect depends on the content of that state law (section 4(2)).\n\n- The phrase \"It is the intention of the Parliament\" (section 4(2)) expresses legislative expectation rather than directly effecting transfers; transfers must be made under NSW law and record transfers are further constrained by the Archives Act (section 5(2)).\n\n- Constitutional risk is addressed by authorising compensation where necessary (section 7), but liability is contingent and may require Federal Court proceedings to fix amounts (section 7(2)).\n\n# Key statutory references\n\n- Repeal of Coal Industry Act 1946: Schedule 1 (item 1).\n- Dissolution and transfer framework: section 4 (and definitions within section 4).\n- Records limitation and Archives Act requirement: section 5(1)–(2).\n- Workers’ compensation continuity: section 6(1).\n- Compensation for acquisition issues and Federal Court remedy: section 7(1)–(3).\n\n(Analyst note: the above statements are drawn from the text of the Act. Claimed purposes or policy rationales that might appear elsewhere are treated here as assertions distinct from the mechanical legal changes described, and the practical effects noted are limited to the mechanisms set out in the cited sections.)"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: repealing the Coal Industry Act 1946 and managing the orderly transition of the Joint Coal Board's functions to New South Wales. The scope has not expanded beyond this specific industry restructuring task."},"complexity_factors":["Very short statute (7 sections plus a one-item schedule)","Minimal defined terms (only 4 definitions across sections 4 and 7)","Simple structure: repeal, dissolution, transitional arrangements, compensation safety net","No nested exceptions or complex conditional logic","Single cross-reference (to Archives Act 1983 for records handling)","Straightforward constitutional safeguard (section 7) following standard 'just terms' formula"],"plain_english_summary":"**What this legislation does:**\n\nThis Act abolishes the **Coal Industry Act 1946**, a law that had governed Australia's coal industry for over 50 years. It also dissolves the **Joint Coal Board** — a body that had managed coal industry matters, including workers' compensation schemes for coal miners.\n\n**Key changes:**\n\n*   **Repeals the old Act entirely** — Schedule 1 strikes out the whole Coal Industry Act 1946\n*   **Winds up the Joint Coal Board** — the body corporate ceases to exist in its Commonwealth form\n*   **Allows NSW to take over** — New South Wales can pass laws to transfer the Board's assets, staff, and liabilities to state control (but Commonwealth records are protected)\n*   **Protects workers' compensation** — existing compensation schemes for injured coal workers continue, but now run by a company nominated under NSW law rather than the Board\n*   **Safeguards property rights** — if the repeal takes anyone's property without \"just terms\" (fair compensation), the Commonwealth must pay reasonable compensation\n\n**Who it affects:**\n\n*   Coal industry workers (especially those in compensation schemes)\n*   The New South Wales Government (which takes over Board functions)\n*   Anyone with legal interests tied to the old Board's assets or operations\n\n**Why it matters:**\n\nThis represents the final step in deregulating and devolving coal industry management from federal to state control. It ensures workers don't lose their compensation entitlements during the transition while clearing away wartime-era industry regulation."}},"importantCases":[],"_links":{"self":"/api/acts/coal-industry-repeal-act-2001","history":"/api/acts/coal-industry-repeal-act-2001/history","analysis":"/api/acts/coal-industry-repeal-act-2001/analysis","conflicts":"/api/acts/coal-industry-repeal-act-2001/conflicts","importantCases":"/api/acts/coal-industry-repeal-act-2001/important-cases","documents":"/api/acts/coal-industry-repeal-act-2001/documents"}}