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Commonwealth act
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)).
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)).
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)).
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)).
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)).
The Joint Coal Board (the statutory body under the 1946 Act) is dissolved under this Act (section 4(1)).
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Direct links to the current provisions in Coal Industry Repeal Act 2001.
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View on official registerSourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
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)).
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.
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)).
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.
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.
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.
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)).
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)).
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.
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)).
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)).
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.
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)).
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)).
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)).
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)).
(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.)