sec.58BActing managers of surface mines

### sec.58B Acting managers of surface mines This section applies if— a person (the appointer ) has appointed another person (the appointee ) under section 58A (3) , (10) or (11) ; and the appointee— vacates office; or is temporarily absent from duty. If subsection (1) (b) (i) applies, the appointer may appoint a person to act in the office of the appointee during the vacancy. If subsection (1) (b) (ii) applies, the appointer must appoint a person to act in the office of the appointee during the absence. Maximum penalty—40 penalty units. The coal mine operator for the mine must ensure a person appointed under subsection (2) or (3) acts in the office of the appointee for a period of not more than 12 weeks starting on the day the appointee— vacated office; or was first temporarily absent from duty. Maximum penalty—500 penalty units. However, subsection (4) does not apply if the person appointed under subsection (2) or (3) is an employee of— for an appointment to act in an office under section 58A (3) — the coal mine operator for the mine; or an associated entity of the coal mine operator; or an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine; or for an appointment to act in an office under section 58A (10) or (11) — the coal mine operator for the mine; or an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine. The coal mine operator for the mine must ensure a person appointed under subsection (2) or (3) meets the competency requirement for the appointment. Maximum penalty— for an appointment to act in an office under section 58A (3) —400 penalty units; or for an appointment to act in an office under section 58A (10) or (11) —200 penalty units. The appointer is taken to comply with the requirement to appoint a person to the office under section 58A (3) , (10) or (11) for the period of an appointment under subsection (2) or (3) . In this section— competency requirement , for an appointment under subsection (2) or (3) , means— for an appointment to act in an office under section 58A (3) —holding both of the board qualifications mentioned in section 58A (5) ; or for an appointment to act in an office under section 58A (10) —holding both of the board qualifications mentioned in section 58A (10) ; or for an appointment to act in an office under section 58A (11) —holding both of the board qualifications mentioned in section 58A (11) . s 58B ins 2024 No. 34 s 25 (sec.58B-ssec.1) This section applies if— a person (the appointer ) has appointed another person (the appointee ) under section 58A (3) , (10) or (11) ; and the appointee— vacates office; or is temporarily absent from duty. (sec.58B-ssec.2) If subsection (1) (b) (i) applies, the appointer may appoint a person to act in the office of the appointee during the vacancy. (sec.58B-ssec.3) If subsection (1) (b) (ii) applies, the appointer must appoint a person to act in the office of the appointee during the absence. Maximum penalty—40 penalty units. (sec.58B-ssec.4) The coal mine operator for the mine must ensure a person appointed under subsection (2) or (3) acts in the office of the appointee for a period of not more than 12 weeks starting on the day the appointee— vacated office; or was first temporarily absent from duty. Maximum penalty—500 penalty units. (sec.58B-ssec.5) However, subsection (4) does not apply if the person appointed under subsection (2) or (3) is an employee of— for an appointment to act in an office under section 58A (3) — the coal mine operator for the mine; or an associated entity of the coal mine operator; or an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine; or for an appointment to act in an office under section 58A (10) or (11) — the coal mine operator for the mine; or an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine. (sec.58B-ssec.6) The coal mine operator for the mine must ensure a person appointed under subsection (2) or (3) meets the competency requirement for the appointment. Maximum penalty— for an appointment to act in an office under section 58A (3) —400 penalty units; or for an appointment to act in an office under section 58A (10) or (11) —200 penalty units. (sec.58B-ssec.7) The appointer is taken to comply with the requirement to appoint a person to the office under section 58A (3) , (10) or (11) for the period of an appointment under subsection (2) or (3) . (sec.58B-ssec.8) In this section— competency requirement , for an appointment under subsection (2) or (3) , means— for an appointment to act in an office under section 58A (3) —holding both of the board qualifications mentioned in section 58A (5) ; or for an appointment to act in an office under section 58A (10) —holding both of the board qualifications mentioned in section 58A (10) ; or for an appointment to act in an office under section 58A (11) —holding both of the board qualifications mentioned in section 58A (11) . - (a) a person (the appointer ) has appointed another person (the appointee ) under section 58A (3) , (10) or (11) ; and - (b) the appointee— (i) vacates office; or (ii) is temporarily absent from duty. - (i) vacates office; or - (ii) is temporarily absent from duty. - (i) vacates office; or - (ii) is temporarily absent from duty. - (a) vacated office; or - (b) was first temporarily absent from duty. - (a) for an appointment to act in an office under section 58A (3) — (i) the coal mine operator for the mine; or (ii) an associated entity of the coal mine operator; or (iii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine; or - (i) the coal mine operator for the mine; or - (ii) an associated entity of the coal mine operator; or - (iii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine; or - (b) for an appointment to act in an office under section 58A (10) or (11) — (i) the coal mine operator for the mine; or (ii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine. - (i) the coal mine operator for the mine; or - (ii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine. - (i) the coal mine operator for the mine; or - (ii) an associated entity of the coal mine operator; or - (iii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine; or - (i) the coal mine operator for the mine; or - (ii) an entity that employs or otherwise engages 80% or more of the coal mine workers at the coal mine. - (a) for an appointment to act in an office under section 58A (3) —400 penalty units; or - (b) for an appointment to act in an office under section 58A (10) or (11) —200 penalty units. - (a) for an appointment to act in an office under section 58A (3) —holding both of the board qualifications mentioned in section 58A (5) ; or - (b) for an appointment to act in an office under section 58A (10) —holding both of the board qualifications mentioned in section 58A (10) ; or - (c) for an appointment to act in an office under section 58A (11) —holding both of the board qualifications mentioned in section 58A (11) .