Establishment of The Coal Miners’ Welfare Fund by contributions by mine owners 4
Inspection of records 5
Part III — The Coal Miners’ Welfare Board of Western Australia
Constitution of the Board 6
Membership of the Board 6
Deputy and temporary Members 7
Removal and resignation 7
Replacement of Members 8
Remuneration of Members 9
Meetings of the Board 9
Officers of the Board 9
Part IV — Functions and powers of the Board
Functions of the Board 11
Powers of the Board 12
Part V — Accounts, audits, and reports
Application of Financial Management Act 2006 and Auditor General Act 2006 13
22A. Validation of certain payments from Fund 13
Part VI — Miscellaneous
Offences and general penalty 14
How legal proceedings taken 14
Regulations 14
Notes
Compilation table 16
Defined terms
Western Australia
Coal Miners’ Welfare Act 1947
An Act to establish a fund to provide or assist in providing amenities for coal miners and to improve or assist in improving the welfare of coal miners; to constitute and incorporate a Board to administer the fund and to control any amenities provided and to declare the objects, functions and powers of such Board, and for other purposes incidental thereto.
Part I — Preliminary
[Heading inserted: No. 19 of 2010 s. 43(3)(a).]
1. Short title and commencement
(1) This Act may be cited as the Coal Miners’ Welfare Act 1947, and shall come into operation on a date to fixed by proclamation 1.
(2) This Act shall be read and construed with the Mines Safety and Inspection Act 1994.
[Section 1 amended: No. 59 of 1998 s. 4.]
[2. Deleted: No. 76 of 1986 s. 4.]
[Heading deleted: No. 19 of 2010 s. 43(3)(b).]
3. Construction
This Act shall be read and construed so as not to exceed the legislative powers of the State, to the intent that, where any enactment thereof would, but for the provisions of this section, have been construed as being in excess of those powers, it shall nevertheless be a valid enactment to the extent to which it is not in excess of those powers.
4. Terms used in this Act
In this Act, unless the context otherwise requires —
Board means The Coal Miners’ Welfare Board of Western Australia as constituted by this Act and includes where necessary the Chairman or any other Member;
Chairman means the chairman of the Board;
coal miners means persons who work for hire or reward in the coal mining industry of Western Australia;
Fund means The Coal Miners’ Welfare Fund as established by this Act;
Member means a member of the Board;
Secretary means the secretary appointed by the Board under section 15 as the Board’s chief executive officer.
[Section 4 amended: No. 76 of 1986 s. 5; No. 17 of 2006 s. 4.]
5. Administration of this Act
This Act shall be administered by the Minister and under the Minister, the Board is hereby authorised to carry out the provisions of this Act.
Part II — The Coal Miners’ Welfare Fund
6. Establishment of The Coal Miners’ Welfare Fund by contributions by mine owners
(1) The owner of every coal mine shall in the months of January, April, July, and October in every year pay to a fund to be known as The Coal Miners’ Welfare Fund a sum equivalent to the prescribed amount per tonne on the output of all coal produced from every mine of which the owner was the owner during the preceding 3 months respectively ending on the last day of the preceding month of December, March, June, or September, as the case may be, and the sums so payable in respect of any mine shall be recoverable as a debt due to the Board.
(1a) The owner of every coal mine shall in the months of January and July in every year pay to the Fund a sum equivalent to 0.4101 cent per tonne on the output of all coal sold from every mine of which the owner was the owner during the preceding 6 months respectively ending on the last day of December or June, as the case may be, and the sums so payable in respect of any mine shall be recoverable as a debt due to the Board.
(1b) The sums to be paid under subsections (1) and (1a) are to be credited to separate accounts forming part of the Fund.
(2) The sums to be paid under subsections (1) and (1a) are in addition to any royalties that are to be paid under the Mining Act 1978.
(3) An owner who does not pay an amount required under this section to be paid to the Fund commits an offence and is liable to pay, in addition to that amount, a penalty of one dollar in respect of each dollar, or fraction of a dollar, of the amount that the owner should have paid.
(4) All penalties recovered under subsection (3), less the expenses incurred in their recovery, are to be paid into, and form part of, the Fund.
[Section 6 amended: No. 13 of 1957 s. 3; No. 113 of 1965 s. 8; No. 94 of 1972 s. 4; No. 76 of 1986 s. 6; No. 59 of 1998 s. 5; No. 17 of 2006 s. 5.]
7. Inspection of records
(1) The Secretary may, at any reasonable time, examine such records of any person as are required for the purpose of determining the amount payable by a person under section 6.
(2) The Secretary may make copies only of those records required for the purpose of determining the amount payable by a person under section 6.
(3) The Board may, in writing, authorise another person to carry out the functions of the Secretary under subsections (1) and (2) and that person may carry out those functions as if he or she were the Secretary.
(4) A person who obstructs, or attempts to obstruct, an examination under this section commits an offence.
[Section 7 inserted: No. 17 of 2006 s. 6.]
Part III — The Coal Miners’ Welfare Board of Western Australia
8. Constitution of the Board
(1) For the purpose of carrying out the provisions of this Act, there shall be a board to be called The Coal Miners’ Welfare Board of Western Australia constituted as hereinafter provided.
(2) The Board shall be a body corporate with perpetual succession and a common seal and shall be capable in law of suing and being sued and of acquiring, purchasing, holding, exchanging, leasing, selling and disposing of real and personal property of every kind and description and of doing such other acts, matters and things within the provisions of this Act as other corporate bodies may lawfully do.
(3) No Member shall be personally liable for any act of the Board, but the Board alone shall be liable.
[Section 8 amended: No. 17 of 2006 s. 7.]
9. Membership of the Board
(1) The Board consists of —
(a) the President of the Collie Combined Mining Unions Council or such other body as is prescribed;
(b) the President of Construction, Forestry, Mining and Engineering Union, Mining and Engineering Division, Collie or such other body as is prescribed; and
(c) one other person appointed by the Governor for a period of up to 3 years.
(2) The Member holding office under subsection (1)(a) is the chairman of the Board.
[Section 9 inserted: No. 17 of 2006 s. 8.]
10. Deputy and temporary Members
(1) The Deputy President of the Council or other body referred to in section 9(1)(a) is the deputy Member for the Member holding office under that paragraph.
(2) The Deputy President of the Union or other body referred to in section 9(1)(b) is the deputy Member for the Member holding office under that paragraph.
(3) Where a Member holding office under section 9(1)(a) or (b) is unable to act because of sickness, absence or other cause, the deputy Member for that Member may act in the Member’s place, and while so acting the deputy Member is to be taken to be a Member for the purposes of this Act.
(4) Where a Member holding office under section 9(1)(c) is unable to act because of sickness, absence or other cause, the Minister may appoint another person as a temporary Member to act in the Member’s place, and while so acting the temporary Member is to be taken to be a Member.
(5) While a person is acting as a Member under this section —
(a) he or she is entitled to remuneration under section 13; and
(b) no act or omission of the deputy Member or temporary Member may be questioned on the ground that the occasion for acting had not arisen or had ceased.
[Section 10 inserted: No. 17 of 2006 s. 8; amended: No. 47 of 2011 s. 27.]
11. Removal and resignation
A Member (including a Member holding office under section 9(1)(a) or (b)) ceases to be a Member if he or she —
(a) resigns in writing to the Minister; or
(b) is, for 3 consecutive meetings, absent without the leave of the Board, from meetings of the Board of which he or she has had notice; or
(c) is removed from office by the Governor on the grounds that the Member —
(i) is incapable of satisfactorily performing the duties of a Member; or
(ii) has neglected to satisfactorily perform those duties; or
(iii) has been guilty of misconduct;
or
(d) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or
(e) dies.
[Section 11 inserted: No. 17 of 2006 s. 8; amended: No. 18 of 2009 s. 16.]
12. Replacement of Members
(1) If a Member (the vacating Member) holding office under section 9(1)(a) or (b), ceases to hold that office but remains President of the Council, Union or other prescribed body, as the case requires, (the relevant entity), the Deputy President of the relevant entity becomes the Member holding office under section 9(1)(a) or (b), as the case may be, until someone other than the vacating Member becomes President of the relevant entity.
(2) If a Member holding office under section 9(1)(c) ceases to hold that office, the Governor must, as soon as reasonably practicable, appoint another person to complete the term of office of that Member.
[Section 12 inserted: No. 17 of 2006 s. 8; amended: No. 47 of 2011 s. 27.]
13. Remuneration of Members
(1) The fees and expenses to be paid to and received by Members for their services shall be such as may be prescribed from time to time.
(2) Such fees and expenses shall be charged upon and payable out of the moneys from time to time being administered by the Board for the purposes of this Act.
[Section 13 amended: No. 17 of 2006 s. 9.]
14. Meetings of the Board
(1) Meetings of the Board are to be held at the times and places determined by the Board.
(1a) Meetings of the Board may also be convened by —
(a) the Chairman; or
(b) the 2 other Members acting together,
by giving reasonable notice to the other Members.
(2) Subject to this Act, the business of the Board shall be conducted in such manner as the Board determines.
[Section 14 amended: No. 17 of 2006 s. 10.]
15. Officers of the Board
(1) The Board may appoint a secretary to be the chief executive officer of the Board and such other officers and employees as it requires and as the Minister may approve to assist the Board in carrying out its duties and functions under this Act.
(2) Persons appointed by the Board under subsection (1), or otherwise employed or engaged by the Board shall hold office or continue in employment during the pleasure of the Board and Part 3 of the Public Sector Management Act 1994 shall not apply to those persons.
(3) The salaries, wages and allowances of persons appointed, employed or engaged in pursuance of this section shall be as fixed by the Board with the approval of the Minister, and shall be charged upon and payable out of the moneys from time to time being administered by the Board for the purposes of this Act.
(4) With the consent of the Minister administering any department of the Public Service of the State, the Board may, on any terms agreed between itself and the Minister, make use of the services of any person employed in that department.
[Section 15 amended: No. 76 of 1986 s. 8; No. 32 of 1994 s. 3(2); No. 1 of 1995 s. 35.]
Part IV — Functions and powers of the Board
16. Functions of the Board
(1) Subject to this Act and to any directions of the Minister, the Board is hereby charged with the administration and application of the Fund for such purposes connected with the provision of amenities for coal miners and the improvement of the physical, cultural and social well‑being of coal miners, and the education, recreation and conditions of living of coal miners, as the Board may consider desirable.
(1a) The Board may, with the prior approval of the Minister and upon such terms and conditions as the Minister approves, apply money standing to the credit of the Fund for or towards —
(a) the operation of a home for the aged in Collie operated by Riverview Residence (Incorporated); and
(b) the provision of such other amenities other than those to which subsection (1) refers, for persons including persons who are not coal miners, as the Board considers desirable.
(2) The Minister may give to the Board directions of a general character with respect to the exercise and performance of its functions and the Board shall give effect to any such directions.
(3) The Board is to consult with the owners of coal mines before applying money standing to the credit of the subsection (1a) account.
(4) In this section —
subsection (1a) account means the separate account forming part of the Fund to which —
(a) moneys transferred under section 10(3) of the Coal Mines Legislation Amendment and Revival Act 1998; and
(b) sums paid under section 6(1a),
are to be credited.
[Section 16 amended: No. 3 of 1968 s. 2; No. 59 of 1998 s. 6; No. 17 of 2006 s. 11.]
17. Powers of the Board
The Board may, for the purposes of carrying out the duties and functions imposed on it by this Act —
(a) buy, or otherwise acquire, and hold any real or personal property of whatsoever kind or description;
(b) sell, lease, exchange or otherwise dispose of any such property;
(c) enter into any contract or agreement;
(d) with the approval of the Minister, borrow money and mortgage or charge any of its property or the Fund as security for the repayment of any money borrowed and interest thereon;
(e) construct, erect and maintain any premises, plant and equipment;
(f) establish and maintain any scholarships or bursaries or make grants in aid of physical, technical, cultural or general education;
(g) make grants to be expended in furtherance of any of the purposes of this Act to any local government, society, club, association or other body, whether incorporated or unincorporated;
(h) do all other matters and things which it is required by this Act to do, or which in the opinion of the Board, are necessary or convenient to be done for giving effect to this Act.
[Section 17 amended: No. 14 of 1996 s. 4.]
Part V — Accounts, audits, and reports
18. Application of Financial Management Act 2006 and Auditor General Act 2006
The provisions of the Financial Management Act 2006 and the Auditor General Act 2006 regulating the financial administration, audit and reporting of statutory authorities apply to and in respect of the Board and its operations.
[Section 18 inserted: No. 98 of 1985 s. 3; amended: No. 77 of 2006 s. 17.]
[19‑22. Deleted: No. 98 of 1985 s. 3.]
22A. Validation of certain payments from Fund
Any payments made by the Board from the Fund before the coming into operation of the Coal Miners’ Welfare Act Amendment Act 1968 1, for or towards any purpose connected with the provision of amenities other than those to which section 16(1) refers, shall be deemed to have been lawfully made by the Board for the purposes of carrying out the duties and functions imposed on it by this Act.
[Section 22A inserted: No. 3 of 1968 s. 3.]
Part VI — Miscellaneous
23. Offences and general penalty
Any person who is guilty of an offence against this Act for which no specific penalty is herein provided, shall be liable to a penalty not exceeding $10 000.
[Section 23 amended: No. 113 of 1965 s. 8; No. 17 of 2006 s. 12.]
[24. Deleted: No. 59 of 2004 s. 141.]
25. How legal proceedings taken
(1) Any proceedings, whether civil or penal, may be taken in the name of the Board by the Secretary or any officer of the Board authorised in that behalf by the Board.
(2) No proof shall be required of the appointment of the Secretary or any officer of the Board, or of the authority of the Secretary or officer to take civil or penal proceedings in the name of the Board, but the averment on the process that the Secretary or officer aforesaid is so authorised shall be deemed to be conclusive proof of the fact.
[Section 25 amended: No. 17 of 2006 s. 13.]
[26. Deleted: No. 35 of 1935 s. 48A(1).]
27. Regulations
(1) The Governor may make regulations under this Act prescribing all such matters as by this Act are required or permitted to be prescribed or as may be necessary or convenient to be prescribed for giving effect to or achieving the objects of this Act and facilitating the exercise of its powers and functions by the Board.
(2) The power hereby given shall (without limiting its generality) be deemed to include power to make regulations —
(a) regulating the management and administration of funds and moneys administered by the Board;
(b) regulating and controlling the use of any amenities or any premises, plant or equipment provided or maintained by the Board;
(c) prescribing the conditions on which scholarships or bursaries may be granted by the Board, and the conditions under which grants may be made in aid of physical, technical, cultural or general education.
(3) Any regulations made under this section may impose as a penalty for any breach of any regulation a fine not exceeding $5 000.
[Section 27 amended: No. 113 of 1965 s. 8; No. 17 of 2006 s. 14.]
Notes
1 This is a compilation of the Coal Miners’ Welfare Act 1947 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
Compilation table
Short title
Number and year
Assent
Commencement
Coal Miners’ Welfare Act 1947
70 of 1947 (11 and 12 Geo. VI No. 70)
10 Jan 1948
1 Mar 1948 (see s. 1(1) and Gazette 27 Feb 1948 p. 461)
Limitation Act 1935 s. 48A(1)
35 of 1935 (26 Geo. V No. 35) (as amended by No. 73 of 1954 s. 5)
14 Jan 1955
Relevant amendments (see s. 48A and Second Sch.) took effect on 1 Mar 1955 (see No. 73 of 1954 s. 2 and Gazette 18 Feb 1955 p. 343)
Coal Miners’ Welfare Act Amendment Act 1957
13 of 1957 (6 Eliz. II No. 13)
30 Sep 1957
18 Oct 1957 (see s. 2 and Gazette 18 Oct 1957 p. 2918)
Coal Miners’ Welfare Act Amendment Act 1961
16 of 1961 (10 Eliz. II No. 16)
20 Oct 1961
23 Feb 1962 (see s. 2 and Gazette 23 Feb 1962 p. 514)
Decimal Currency Act 1965
113 of 1965
21 Dec 1965
Act other than s. 4-9: 21 Dec 1965 (see s. 2(1)); s. 4-9: 14 Feb 1966 (see s. 2(2))
Coal Miners’ Welfare Act Amendment Act 1968
3 of 1968
26 Sep 1968
26 Sep 1968
Reprint of the Coal Miners’ Welfare Act 1947 approved 7 Apr 1971 (includes amendments listed above)
Metric Conversion Act 1972
94 of 1972
4 Dec 1972
Relevant amendments (see First Sch. 2) took effect 1 Jan 1973 (see s. 4(2) and Gazette 29 Dec 1972 p. 4811)
Acts Amendment (Financial Administration and Audit) Act 1985 s. 3
98 of 1985
4 Dec 1985
1 Jul 1986 (see s. 2 and Gazette 30 Jun 1986 p. 2255)
Coal Miners’ Welfare Amendment Act 1986
76 of 1986
4 Dec 1986
s. 1 and 2: 4 Dec 1986; Act other than s. 1 and 2: 16 Jan 1987 (see s. 2 and Gazette 16 Jan 1987 p. 82)
Acts Amendment (Public Sector Management) Act 1994 s. 3(2)
32 of 1994
29 Jun 1994
1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948)
Industrial Legislation Amendment Act 1995 s. 35
1 of 1995
9 May 1995
1 Jan 1996 (see s. 2(2) and Gazette 24 Nov 1995 p. 5389)
Local Government (Consequential Amendments) Act 1996 s. 4
14 of 1996
28 Jun 1996
1 Jul 1996 (see s. 2)
Coal Mines Legislation Amendment and Revival Act 1998 Pt. 2 and 3 3
59 of 1998
31 Dec 1998
31 Dec 1998 (see s. 2)
Reprint of the Coal Miners’ Welfare Act 1947 as at 21 Dec 2001 (includes amendments listed above)
Courts Legislation Amendment and Repeal Act 2004 s. 141
59 of 2004
23 Nov 2004
1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128)
Coal Miners’ Welfare Amendment Act 2006
17 of 2006
17 May 2006
1 Jan 2007 (see s. 2)
Financial Legislation Amendment and Repeal Act 2006 s. 17
77 of 2006
21 Dec 2006
1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137)
Reprint 3: The Coal Miners’ Welfare Act 1947 as at 22 Feb 2008 (includes amendments listed above)
Acts Amendment (Bankruptcy) Act 2009 s. 16
18 of 2009
16 Sep 2009
17 Sep 2009 (see s. 2(b))
Standardisation of Formatting Act 2010 s. 43(3)
19 of 2010
28 Jun 2010
11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341)
Statutes (Repeals and Minor Amendments) Act 2011 s. 27
47 of 2011
25 Oct 2011
26 Oct 2011 (see s. 2(b))
2 The Schedule to the Metric Conversion Act 1972 was redesignated as the First Schedule by the Metric Conversion Act Amendment Act 1973.
3 The Coal Mines Legislation Amendment and Revival Act 1998 Pt. 3 reads as follows:
“
Part 3 — Revival, validation and transitional provisions
Interpretation
In this Part —
entitled relative means a person who, as a relative of a deceased employee of a coal mine, is entitled to a benefit under section 38(4) of the repealed Act as revived by section 8;
expiry day means the day on which an order under section 12 is published in the Gazette;
Fund has the same meaning as in the Coal Miners’ Welfare Act 1947;
injured employee means a person who, as an employee of a coal mine who has suffered personal injury or contracted a disease, is entitled to payments under section 38(4) of the repealed Act as revived by section 8;
Relief Fund means the Coal Mines Accident Relief Fund referred to in section 38 of the repealed Act;
repealed Act means the Coal Mines Regulation Act 1946 repealed by section 107 of the Mines Safety and Inspection Act 1994 which came into operation on 9 December 1995;
repealed regulations means the Coal Mines Regulations repealed by regulation 17.2 of the Mines Safety and Inspection Regulations 1995 published in the Gazette on 8 December 1995;
Trust means the Coal Mines Accident Relief Fund Trust referred to in section 38 of the repealed Act.
Revival
(1) Subject to subsection (2), the repealed Act other than sections 2, 3, 5A to 37, 39 to 63 and 65 to 69 —
(a) is hereby revived;
(b) is taken to have been in operation from 9 December 1995; and
(c) shall continue in operation until the expiry day.
(2) Despite the revival of section 38 of the repealed Act, neither an owner nor an employee of a coal mine is required to contribute any moneys to the Relief Fund after the commencement of this Act.
(3) The repealed regulations other than regulations 2 to 206 and 235 to 276 —
(a) are hereby revived;
(b) are taken to have been in operation from 9 December 1995; and
(c) shall continue in operation until the expiry day.
Validation
(1) For the avoidance of doubt, anything done under —
(a) section 38 or 64 of the repealed Act; or
(b) regulations 207 to 234A of the repealed regulations,
before the commencement of this Act is as valid and effective as it would have been if, at the time when it was done, the repealed Act or the repealed regulations, as the case requires, had not been repealed.
(2) Without limiting the generality of subsection (1) —
(a) any moneys purported to have been payable to, contributed to and received into the Relief Fund under section 38(1) or (2) of the repealed Act before the commencement of this Act are taken to be, and to have always been, validly payable to, contributed to and received into the Relief Fund and to be recoverable accordingly;
(b) the appointment of a trustee of the Trust purported to have been made under section 38(4) of the repealed Act before the commencement of this Act is as valid and effective as it would have been if, at the time when it was done, the repealed Act had not been repealed; and
(c) the appointment of a member of the accident committee, the secretary of that committee and the secretary of the Trust purported to have been made under the repealed regulations before the commencement of this Act is as valid and effective as it would have been if, at the time when it was done, the repealed regulations had not been repealed.
Application of Relief Fund moneys
(1) Moneys standing to the credit of the Relief Fund are to be applied by the Trust as the Trust thinks fit, and with the approval of the Minister —
(a) to the entitled relatives, by way of a lump sum payment in full satisfaction of their entitlement to payment under the repealed Act;
(b) in payment of expenses and costs incurred under the repealed Act; and
(c) in payment of the costs of, and related to, the implementation of this Act.
(2) The entitlement of an injured employee to payment from the Relief Fund ceases on the date the lump sum payments are made to entitled relatives under subsection (1)(a).
(3) The balance of the moneys standing to the credit of the Relief Fund after the payments referred to in subsection (1) have been made is to be transferred to the separate account forming part of the Fund into which moneys that are payable under section 6(1a) of the Coal Miners’ Welfare Act 1947 as in force after the commencement of this Act are to be credited.
Reporting
(1) The trust as constituted under the repealed Act on the commencement of this Act is to, as soon as practicable after that commencement —
(a) perform the functions described in section 10; and
(b) prepare a report on its operations in respect of —
(i) the financial year ending on the last preceding 30 June; and
(ii) the period commencing on the last preceding 1 July and ending when there are no moneys in the Relief Fund and no moneys to be paid into the Relief Fund.
(2) The reports prepared under subsection (1)(b) are to comply, with any necessary modifications, with the provisions of the Financial Administration and Audit Act 1985 regulating the financial administration, audit and reporting of statutory authorities.
(3) A report under subsection (1)(b)(ii) is deemed to be an annual report for the purposes of section 69 of the Financial Administration and Audit Act 1985.
Expiry of revived provisions
When the Minister is satisfied that there are no moneys in the Relief Fund and no moneys to be paid into the Relief Fund, the Minister is to make an order to that effect, and publish that order in the Gazette.
”.
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]