Schedule—Savings and transitional provisSchedule—Savings and transitional provisions consequential on the Coal Industry Amendment Act 1992

# Schedule—Savings and transitional provisions consequential on the Coal Industry Amendment Act 1992 Section 57 1 Interpretation In this Schedule: the amendment day means the day on which subsection 3(1) of the Coal Industry Amendment Act 1992 commences. 2 Continuity of existence of the Board not affected Nothing in the Coal Industry Amendment Act 1992 affects: (a) the continued existence of the Board; or (b) the continued membership of the Board of a person who was a member of the Board immediately before the amendment day. 4 Staff of the Board A person who, immediately before the amendment day, was an officer or employee of the Board continues to be employed as a member of the staff of the Board on the same terms and conditions. 5 Certain Orders to be continued (1) Orders Nos. 5, 10, 34, 35, 36 and 40 made under this Act by the Board, and in force immediately before the amending day, continue in force and may be amended or revoked in the same way as an Order made by the Board under section 28. (2) Any approval or consent given under Order No. 34 or 40, and in force immediately before the amending day, has effect until amended or revoked by the Board or until the relevant provision of the Order ceases to have effect. (3) Despite subclause (1): (a) Order No. 34 has no effect if a direction is given that the Board is to cease to have the functions referred to in paragraph 25(a); and (b) Order No. 36 has no effect if a direction is given that the Board is to cease to have the functions referred to in paragraph 25(b); and (c) Order No. 40 has no effect if a direction is given that the Board is to cease to have the functions referred to in paragraph 25(c). 6 Board’s funds (1) Section 28L applies to money standing to the credit of the Workers’ Compensation Fund immediately before the amendment day. (2) Money standing to the credit of the Welfare Fund immediately before the amendment day must be applied, as the Board determines, so as to promote the welfare of workers and former workers in the coal industry in the State, their dependants and communities in coal mining areas. (3) Section 28M applies to other money standing to the credit of the Board immediately before the amendment day. 7 Workers’ compensation schemes Any workers’ compensation scheme established by the Board and in operation under this Act immediately before the amendment day is taken to have been established by the Board under section 26 of this Act as in force on that day. 8 General effect of repeal etc. of provisions (1) The amendment or repeal of a provision of this Act by the Coal Industry Amendment Act 1992 does not affect: (a) the previous operation of the provision or anything duly suffered, done or commenced under the provision; or (b) any right, privilege, obligation or liability acquired, accrued or incurred under the provision; or (c) any penalty incurred in respect of any offence arising under the provision; or (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability or penalty; and any such penalty may be imposed and enforced, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, as if the provision had not been amended or repealed. (2) Without limiting the effect of subclause (1), the amendment or repeal of a provision does not affect the proof of any past thing, any right, privilege, obligation or liability saved by the operation of the provision or any amendment or validation made by the provision. (3) This clause applies in addition to, and without limiting the effect of, any other provision of this Schedule. 9 Regulations (1) The regulations may make further provision of a savings or transitional nature consequent on the enactment of the Coal Industry Amendment Act 1992. (2) Any such provision may, if the regulations so provide, take effect from the amendment day or a later date. (3) To the extent to which such a provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as: (a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication; or (b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.