sec.60AActing managers of underground mines

### sec.60A Acting managers of underground mines This section applies if— a person (the appointer ) has appointed another person (the appointee ) under section 60 (2) , (4) , (8) , (9) , (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 underground 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 60 (2) , (4) or (8) — 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 60 (9) , (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 underground 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 60 (2) or (4) —400 penalty units; or for an appointment to act in an office under section 60 (8) , (9) , (10) or (11) —200 penalty units. The appointer is taken to comply with the requirement to appoint a person to the office under section 60 (2) , (4) , (8) , (9) , (10) or (11) for the period of an appointment under subsection (2) . In this section— competency requirement , for an appointment under subsection (2) or (3) , means— for an appointment to act in an office under section 60 (2) or (4) —holding both of the board qualifications mentioned in section 60 (5) ; or for an appointment to act in an office under section 60 (8) —holding both of the board qualifications mentioned in section 60 (8) ; or for an appointment to act in an office under section 60 (9) —holding both of the board qualifications mentioned in section 60 (9) ; or for an appointment to act in an office under section 60 (10) —holding both of the board qualifications mentioned in section 60 (10) ; or for an appointment to act in an office under section 60 (11) —holding both of the board qualifications mentioned in section 60 (11) . s 60A ins 2022 No. 29 s 9 amd 2024 No. 34 s 30 (sec.60A-ssec.1) This section applies if— a person (the appointer ) has appointed another person (the appointee ) under section 60 (2) , (4) , (8) , (9) , (10) or (11) ; and the appointee— vacates office; or is temporarily absent from duty. (sec.60A-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.60A-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.60A-ssec.4) The coal mine operator for the underground 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.60A-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 60 (2) , (4) or (8) — 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 60 (9) , (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.60A-ssec.6) The coal mine operator for the underground 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 60 (2) or (4) —400 penalty units; or for an appointment to act in an office under section 60 (8) , (9) , (10) or (11) —200 penalty units. (sec.60A-ssec.7) The appointer is taken to comply with the requirement to appoint a person to the office under section 60 (2) , (4) , (8) , (9) , (10) or (11) for the period of an appointment under subsection (2) . (sec.60A-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 60 (2) or (4) —holding both of the board qualifications mentioned in section 60 (5) ; or for an appointment to act in an office under section 60 (8) —holding both of the board qualifications mentioned in section 60 (8) ; or for an appointment to act in an office under section 60 (9) —holding both of the board qualifications mentioned in section 60 (9) ; or for an appointment to act in an office under section 60 (10) —holding both of the board qualifications mentioned in section 60 (10) ; or for an appointment to act in an office under section 60 (11) —holding both of the board qualifications mentioned in section 60 (11) . - (a) a person (the appointer ) has appointed another person (the appointee ) under section 60 (2) , (4) , (8) , (9) , (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 60 (2) , (4) or (8) — (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 60 (9) , (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 60 (2) or (4) —400 penalty units; or - (b) for an appointment to act in an office under section 60 (8) , (9) , (10) or (11) —200 penalty units. - (a) for an appointment to act in an office under section 60 (2) or (4) —holding both of the board qualifications mentioned in section 60 (5) ; or - (b) for an appointment to act in an office under section 60 (8) —holding both of the board qualifications mentioned in section 60 (8) ; or - (c) for an appointment to act in an office under section 60 (9) —holding both of the board qualifications mentioned in section 60 (9) ; or - (d) for an appointment to act in an office under section 60 (10) —holding both of the board qualifications mentioned in section 60 (10) ; or - (e) for an appointment to act in an office under section 60 (11) —holding both of the board qualifications mentioned in section 60 (11) .