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This is a Bill, not an Act. For current law, see the Acts databases.
1996-97
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Snowy Hydro Corporatisation
Bill 1997
No. ,
1997
(Primary Industries and
Energy)
A Bill for an Act to
reform the Snowy Mountains Hydro-electric Scheme by corporatising the Snowy
Mountains Hydro-electric Authority and making related changes to the Scheme, and
for related purposes
9711420—899/24.6.1997—(114/97) Cat. No. 96 9293
2 ISBN 0644 505950
Contents
A Bill for an Act to reform the Snowy Mountains
Hydro-electric Scheme by corporatising the Snowy Mountains Hydro-electric
Authority and making related changes to the Scheme, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Snowy Hydro Corporatisation Act
1997.
(1) Parts 1 and 2, section 11, Divisions 2 and 3 of Part 3, sections 25,
47, 48, 49, 50, 56, 57 and 58, subsection 63(1) and Part 1 of Schedule 2
commence on the day on which this Act receives the Royal Assent.
(2) The remaining provisions commence on a day or days to be fixed by
Proclamation.
(3) A Proclamation fixing a day for the commencement of section 59 is not
to be made unless the Minister is satisfied that the Governments of New South
Wales and Victoria have agreed to that section commencing on that day.
(1) The object of this Act is to reform the Snowy Mountains Hydro-electric
Scheme by corporatising the Snowy Mountains Hydro-electric Authority and making
related changes to the Scheme.
(2) It is the intention of the Parliament that this Act:
(a) is to operate concurrently with the New South Wales Corporatisation
Act and the Victorian Corporatisation Act; and
(b) is to have effect only to the extent to which it is within the
legislative power of the Parliament.
The following is a simplified outline of this Act:
• This Act provides for the abolition of the
Snowy Mountains Hydro-electric Authority and makes provision for the
Commonwealth, New South Wales and Victoria to agree as to the identification of
the Authority’s debts.
• The Authority’s assets and liabilities
in relation to its Snowy hydro undertaking (other than its electricity
transmission undertaking) are to be transferred to Snowy Hydro Company (Snowy
Hydro Limited).
• The Authority’s assets and liabilities
in relation to its electricity transmission undertaking are to be transferred to
TransGrid (New South Wales Electricity Transmission Authority).
• The Authority’s borrowings (other than
any borrowings from the Commonwealth) may be taken over by the Commonwealth
before the abolition of the Authority and replaced by a debt owed to the
Commonwealth.
• The Authority’s employees are to be
transferred to Snowy Hydro Limited.
(1) In this Act, unless the contrary intention
appears:
assets means any legal or equitable estate or interest
(whether present or future and whether vested or contingent) in real or personal
property of any description, and includes:
(a) money, securities, choses in action and documents; and
(b) rights, powers, privileges and immunities (whether present or future
and whether vested or contingent), except any immunity or privilege of the Crown
in any capacity.
authorised person, in a provision of Part 5, means a person
appointed under section 57 for the purposes of that provision.
Commonwealth record has the same meaning as in the
Archives Act 1983.
corporatisation date means the date on which the Snowy
Mountains Hydro-electric Power Act 1949 is repealed by this Act.
DFRDB Act means the Defence Force Retirement and Death
Benefits Act 1973.
exempt matter means:
(a) the issue or transfer of shares in the Snowy Hydro Company to the
Commonwealth, New South Wales or Victoria or a person acting on behalf of the
Commonwealth, New South Wales or Victoria; or
(b) the operation of the provisions of this Act, the New South Wales
Corporatisation Act and the Victorian Corporatisation Act relating to the
transfer of assets and liabilities to the Snowy Hydro Company or TransGrid;
or
(c) an agreement referred to in section 48 or any agreement under the New
South Wales Corporatisation Act or the Victorian Corporatisation Act to which
New South Wales or Victoria is a party; or
(d) a debt of the Snowy Hydro Company to the Commonwealth at the
corporatisation date (including the refinancing of such a debt); or
(e) giving effect to any of the above.
existing Snowy electricity transmission undertaking means the
assets and liabilities of the Snowy Mountains Hydro-electric Authority, the
Snowy Mountains Council, the Commonwealth, New South Wales, Victoria, or
authorities of the Commonwealth, New South Wales or Victoria, that are
transferred to TransGrid by orders under this Act, the New South Wales
Corporatisation Act or the Victorian Corporatisation Act.
existing Snowy hydro undertaking means:
(a) the assets and liabilities of the Snowy Mountains Hydro-electric
Authority and the Snowy Mountains Council that are transferred to the Snowy
Hydro Company by this Act, the New South Wales Corporatisation Act or the
Victorian Corporatisation Act; and
(b) the assets and liabilities of the Commonwealth, New South Wales,
Victoria, or authorities of the Commonwealth, New South Wales or Victoria, that
are transferred to the Snowy Hydro Company by orders under this Act, the New
South Wales Corporatisation Act or the Victorian Corporatisation Act.
liabilities means all liabilities, debts and obligations
(whether present or future and whether vested or contingent).
Long Service Leave Act means the Long Service Leave
(Commonwealth Employees) Act 1976 as in force immediately before the
corporatisation date.
Maternity Leave Act means the Maternity Leave
(Commonwealth Employees) Act 1973 as in force immediately before the
corporatisation date.
New South Wales Corporatisation Act means the Snowy Hydro
Corporatisation Act 1997 of New South Wales.
share, in relation to a company, means a share in the capital
of the company.
Snowy Hydro Company or Company means the
company incorporated, or to be incorporated, under the Corporations Law of New
South Wales by the name Snowy Hydro Limited.
Snowy hydro-group company or hydro-group company
means the Snowy Hydro Company or a subsidiary of that Company.
Snowy Mountains Council means the Snowy Mountains Council
referred to in Part VI of the agreement set out in Schedule 1 to the Snowy
Mountains Hydro-electric Power Act 1949.
Snowy Mountains Hydro-electric Authority or
Authority means the Snowy Mountains Hydro-electric Authority
referred to in the Snowy Mountains Hydro-electric Power Act
1949.
transferred employee means a person who, under
section 23, is taken to have been engaged as an employee of the
Company.
TransGrid means the New South Wales Electricity Transmission
Authority constituted under the Electricity Transmission Authority Act
1994 of New South Wales.
Victorian
Corporatisation Act means the Snowy Hydro Corporatisation Act
1997 of Victoria.
(2) For
the purposes of this Act, the question whether a body corporate is a subsidiary
of another body corporate is to be determined in the same way as that question
is determined under the Corporations Law.
This Act binds the Crown in right of the Commonwealth, of each of
the States, of the Australian Capital Territory and of the Northern
Territory.
(1) The Commonwealth may acquire, hold, dispose of or deal with
shares in the Snowy Hydro Company.
(2) Shares in the Snowy Hydro Company held by the Commonwealth,
being the initial issue to the Commonwealth of shares in the Company:
(a) are taken to have been fully paid up; and
(b) are taken to have been issued for valuable consideration, being the
relevant percentage of the value of the existing Snowy hydro
undertaking.
(3) For the purposes of this section:
(a) the value of the existing Snowy hydro undertaking is the value
determined by agreement between the Commonwealth, New South Wales and Victoria;
and
(b) the relevant percentage of that value is the percentage of all issued
shares in the Snowy Hydro Company that are shares initially issued to the
Commonwealth.
(1) A Snowy hydro-group company:
(a) is not, and does not represent, the Crown; and
(b) is not an instrumentality or agency of the Crown; and
(c) is not entitled to any immunity or privilege of the Crown;
and
(d) is not a public authority for any purpose and is taken not to have
been constituted or established for a public purpose or for a purpose of the
Commonwealth.
(2) This section has effect subject to any express provision to the
contrary made by any law of the Commonwealth.
The liabilities of a Snowy hydro-group company are not guaranteed by the
Commonwealth.
(1) Subject to this section, the assets and liabilities of the Snowy
Mountains Hydro-electric Authority, immediately before the corporatisation date,
are transferred to the Snowy Hydro Company.
(2) The assets and liabilities transferred by this section include the
assets and liabilities (if any) of the Snowy Mountains Council. For the purposes
of this Act, any such assets and liabilities are taken to be the assets and
liabilities of the Snowy Mountains Hydro-electric Authority.
(3) The liabilities transferred by this section include any liability,
immediately before the corporatisation date, arising from the works constructed
or purporting to be constructed, or the activities carried out or purporting to
be carried out, under the agreements terminated by paragraph 60(1)(a) (being a
liability of the Authority, the Commonwealth, New South Wales, Victoria or any
authority of the Commonwealth, New South Wales or Victoria). For the purposes of
this Act any such liability is taken to be a liability of the
Authority.
(4) The assets and liabilities transferred by this section do not include
the assets and liabilities that are transferred to TransGrid by an order under
section 12.
(5) The assets transferred by this section do not include stored
water.
(6) Schedule 1 applies to the transfer of assets and liabilities under
this section.
(1) The Minister may, by order in writing and in accordance with an
agreement between the Commonwealth, New South Wales and Victoria, direct that
such assets or liabilities of the Commonwealth or of an authority of the
Commonwealth relating to the Snowy Mountains Hydro-electric Scheme as are
specified or referred to in the order be transferred to the Snowy Hydro
Company.
(2) An order under this section may be combined with an order under the
New South Wales Corporatisation Act or the Victorian Corporatisation Act that
transfers assets or liabilities to the Snowy Hydro Company.
(3) Schedule 1 applies to an order under this section.
(1) The Minister may, by order in writing and in accordance with an
agreement between the Commonwealth, New South Wales and Victoria, direct that
such assets or liabilities of the Snowy Mountains Hydro-electric Authority, of
the Commonwealth or of an authority of the Commonwealth relating to the
transmission of electricity generated by the Snowy Mountains Hydro-electric
Scheme as are specified or referred to in the order be transferred to
TransGrid.
(2) The consideration for the transfer, and the value, of the existing
Snowy electricity transmission undertaking (and any other matter concerning the
transfer) may be determined by agreement between the Commonwealth, New South
Wales and Victoria.
(3) An order under this section may be combined with an order under the
New South Wales Corporatisation Act or the Victorian Corporatisation Act that
transfers assets or liabilities to TransGrid.
(4) Schedule 1 applies to an order under this section.
(1) This Subdivision applies to loans to the Snowy Mountains
Hydro-electric Authority that were made by the Commonwealth.
(2) In this Subdivision:
loan includes any amount owing by the Authority to the
Commonwealth.
(1) The Minister for Finance may, before the corporatisation date, by
writing, declare that the principal amounts of all loans, together with any
accrued interest, become due and payable at a time (the repayment
time) before the corporatisation date that is stated in the
declaration.
(2) The total of the principal amounts and accrued interest is to be set
out in the declaration and is to be the amount agreed between the Commonwealth,
New South Wales and Victoria.
(3) The declaration has effect accordingly.
(4) The Commonwealth must not lend any money to the Authority after the
repayment time except in accordance with this Division.
(1) If a declaration is made under section 14, the Minister for Finance
must, at or before the repayment time, lend to the Authority, on behalf of the
Commonwealth, an amount equal to the total amount set out in the
declaration.
(2) The loan is to be subject to such terms and conditions as to payment
of interest and repayment of principal as are notified in writing by the
Minister for Finance to the Authority at or before the repayment time.
(3) The terms and conditions to be notified are to be those agreed between
the Commonwealth, New South Wales and Victoria.
(4) The amount to be lent under subsection (2) is to be used to pay the
amount that became due and payable under section 14.
(5) To avoid doubt, the payment referred to in subsection (4) operates to
extinguish the loans referred to in subsection 14(1).
This Subdivision applies to borrowing transactions of the Snowy Mountains
Hydro-electric Authority (other than loans referred to in sections 14 and
15).
(1) For the purposes of this Subdivision, a borrowing
transaction of the Authority is:
(a) a loan; or
(b) any other transaction that gives rise to a borrowing.
(2) For the purposes of this section, borrowing includes
borrowing by the issue of stock under regulations made under the Snowy
Mountains Hydro-electric Power Act 1949.
(1) The Treasurer may, before the corporatisation date, by notice in the
Gazette, declare that, at a stated time (the transfer time)
before the corporatisation date, the Authority’s rights and obligations
under specified borrowing transactions:
(a) cease to be rights and obligations of the Authority; and
(b) become rights and obligations of the Commonwealth.
Note: A borrowing transaction may be specified by name, by
inclusion in a named class of borrowing transactions or in any other
way.
(2) The declaration has effect accordingly.
(3) The Treasurer may authorise the payment of money by the Commonwealth
to discharge obligations to which the declaration applies, whether by
terminating those obligations or otherwise.
(4) Clause 3 of Schedule 1 applies to rights and obligations to which
subsection (1) of this section applies as if they were assets and liabilities
transferred from the Authority to the Commonwealth under a transfer instrument
to which that Schedule applies.
(5) Clause 4 of Schedule 1 has effect as if references in that clause to
the operation of that Schedule included the making of a declaration under
subsection (1) of this section.
(6) The Authority must not enter into any borrowing transactions after the
transfer time.
Sections 5A, 5B, 5C and 5D (other than paragraphs (1)(c) and (2)(c)) of
the Loans Securities Act 1919 apply in relation to a borrowing that
becomes a borrowing of the Commonwealth under section 18 as if that borrowing
were a borrowing of money outside Australia:
(a) that the Treasurer was authorised to make on behalf of the
Commonwealth; and
(b) that the Treasurer made accordingly.
(1) If a declaration is made under subsection 18(1) in respect of rights
and obligations under borrowing transactions, the Authority must, in
consideration of the transfer of those rights and obligations to the
Commonwealth, pay to the Commonwealth an amount determined by the Minister for
Finance.
(2) The determination is to be in writing and expressed to take effect
immediately after the transfer time.
(3) The amount to be determined is to be the amount agreed between the
Commonwealth, New South Wales and Victoria.
(4) When an amount is determined under subsection (1), the Minister for
Finance must, before the corporatisation date, lend to the Authority, on behalf
of the Commonwealth, an amount equal to the amount determined.
(5) The loan is to be subject to such terms and conditions as to payment
of interest and repayment of principal as are notified in writing by the
Minister for Finance to the Authority when the loan is made.
(6) The terms and conditions to be notified are those agreed between the
Commonwealth, New South Wales and Victoria.
(7) The amount to be lent under subsection (4) is to be used to pay the
amount required to be paid under subsection (1).
(8) To avoid doubt, the payment referred to in subsection (7) operates to
extinguish the liability to pay the amount referred to in subsection
(1).
(1) The Commonwealth may enter into an agreement with New South Wales and
Victoria with respect to liabilities of the Authority to the Commonwealth that
are to be transferred to the Snowy Hydro Company on the corporatisation date and
with respect to the discharge of those liabilities.
(2) The agreement may contain any related provisions (including
guarantees) that are considered appropriate.
The Consolidated Revenue Fund is appropriated for the purposes of this
Division.
(1) A person who was an employee of the Snowy Mountains
Hydro-electric Authority immediately before the corporatisation date is
taken:
(a) to have ceased to be employed by the Authority immediately before that
date; and
(b) to have been engaged by the Snowy Hydro Company as an employee of the
Company with effect on and from that date; and
(c) to have been so engaged on terms and conditions that, with such
exceptions (if any) as are provided by the regulations, are the same as those
that applied to the person, immediately before that date, as an employee of the
Authority; and
(d) to have accrued an entitlement to benefits, in connection with that
engagement by the Company, that is equivalent to the entitlement that the person
had accrued, as an employee of the Authority, immediately before that
date.
(2) The service of a transferred employee as an employee of the
Company is taken for all purposes to have been continuous with the service of
the employee, immediately before the corporatisation date, as an employee of the
Authority.
(3) A transferred employee is not entitled to receive any payment or other
benefit merely because he or she stopped being an employee of the Authority as a
result of this section or of any other provision of this Act.
(4) An auditor of the Snowy Mountains Hydro-electric Authority does not,
because of the operation of this Act, become an auditor of the Snowy Hydro
Company.
(5) A reference in paragraph (1)(c) to terms and conditions is a reference
to terms and conditions that are set out in:
(a) a written contract of employment; or
(b) an award (as defined by section 4 of the Workplace Relations Act
1996); or
(c) a certified agreement (as defined by section 4 of the Workplace
Relations Act 1996); or
(d) an Australian workplace agreement (as defined by section 4 of the
Workplace Relations Act 1996); or
(e) an enterprise flexibility agreement (as defined by section 4 of the
Workplace Relations Act 1996 as in force immediately before the
commencement of Schedule 9 to the Workplace Relations and Other Legislation
Amendment Act 1996) that continues to have effect because of Part 2 of that
Schedule.
(6) This section has effect subject to this Part.
(1) Section 23 does not prevent the terms and conditions of a
transferred employee’s employment on or after the corporatisation date
from being varied:
(a) in accordance with those terms and conditions; or
(b) by or under a law, award, determination or agreement.
(2) In this section:
vary, in relation to terms and conditions,
includes:
(a) omitting any of those terms and conditions; or
(b) adding to those terms and conditions; or
(c) substituting new terms and conditions for any of those terms and
conditions.
Unless the contrary intention appears, expressions used in this
Division that are also used in the Long Service Leave Act have the same meanings
as in that Act.
In this Division:
combined service period, in relation to an employee, means
the total of:
(a) the period that was, immediately before the corporatisation date, the
employee’s period of service for the purposes of the Long Service Leave
Act; and
(b) the period starting on the corporatisation date during which the
employee continues to be an employee of the Snowy Hydro Company.
employee includes a person employed in a full-time or a
part-time capacity.
future long service leave rights, in relation to an employee,
means any long service leave rights an employee acquires under an award,
determination, industrial agreement or law (other than this Act) on or after the
corporatisation date in relation to service after that date.
law means:
(a) a law of the Commonwealth, of a State or of a Territory; or
(b) regulations or any other instrument (other than an award,
determination or industrial agreement) made under such a law.
(1) This section applies in relation to a person who was an
employee of the Snowy Mountains Hydro-electric Authority immediately before the
corporatisation date if, at that time, the employee’s period of service
for the purposes of the Long Service Leave Act was less than 10 years.
(2) This section does not apply in relation to an employee who dies while
in the employment of a Snowy hydro-group company. Section 29 covers such
employees.
(3) If the employee continues to be employed by a Snowy hydro-group
company on or after the corporatisation date until his or her combined service
period is at least 10 years, the hydro-group company may grant the employee long
service leave on full salary for a period up to the employee’s long
service leave credit under subsection 30(1).
(4) If:
(a) the employee stops being an employee of a Snowy hydro-group company,
on or after reaching the minimum retirement age, or because of retrenchment;
and
(b) the employee’s combined service period at the time when he or
she stops being an employee of a hydro-group company is at least one
year;
the hydro-group company may grant the employee long service leave on full
salary for a period of up to the employee’s long service leave credit
under subsection 30(1).
(5) If a period of long service leave may be granted to an employee under
subsection (3) or (4), the hydro-group company may, if the employee
asks in writing, grant the employee long service leave on half salary for a
period that is not more than twice the first-mentioned period.
(6) Long service leave granted in the circumstances set out in
subsection (4) is to be taken so as to end immediately before the employee
stops being an employee.
(7) For the purposes of this section, the rate of salary to be used in
working out the full salary of an employee is the rate that would be applicable
to the employee under section 20 of the Long Service Leave Act
if:
(a) that section applied to the employee; and
(b) for the expression “section 16 or 17” in that
section there were substituted the expression “section 27 of the
Snowy Hydro Corporatisation Act 1997”.
(1) This section applies in relation to a person who was an employee of
the Snowy Mountains Hydro-electric Authority immediately before the
corporatisation date if, at that time, the employee’s period of service
for the purposes of the Long Service Leave Act was less than 10 years.
(2) This section does not apply in relation to an employee who dies while
in the employment of a Snowy hydro-group company. Section 29 covers such
employees.
(3) Subject to subsection (6), if the employee stops being an
employee of a Snowy hydro-group company on or after the day on which his or her
combined service period reaches 10 years, the hydro-group company must pay him
or her an amount equal to full salary in respect of his or her long service
leave credit under subsection 30(2).
(4) Subject to subsection (6), if:
(a) the employee stops being an employee of a Snowy hydro-group company,
on or after reaching the minimum retiring age, or because of retrenchment;
and
(b) at that time the employee’s combined service period is at least
one year;
the hydro-group company must pay him or her an amount equal to full salary
in respect of his or her long service leave credit under
subsection 30(2).
(5) Subject to subsection (6), if:
(a) the employee stops being an employee of a Snowy hydro-group company;
and
(b) the hydro-group company is satisfied that the employee left the
hydro-group company because of ill-health that justified his or her so leaving;
and
(c) when the employee left, his or her combined service period was at
least one year;
the hydro-group company must pay him or her an amount equal to full salary
in respect of his or her long service leave credit under
subsection 30(2).
(6) An employee may, by written notice given to a Snowy hydro-group
company before the employee stops being an employee of the hydro-group
company:
(a) request the hydro-group company not to make a payment to the employee
under this section; or
(b) request the hydro-group company to make a payment under
subsection (3), (4) or (5) of a stated amount that is less than
the amount that would otherwise be payable under that subsection.
(7) The hydro-group company must comply with a request made under
subsection (6).
(8) For the purposes of this section, the rate of salary to be used in
working out the full salary of an employee is the rate that would be applicable
to the employee under section 21 of the Long Service Leave Act
if:
(a) that section applied to the employee; and
(b) for the expression “sections 16 and 17” in that
section there were substituted the expression “section 28 of the
Snowy Hydro Corporatisation Act 1997”.
(1) This section applies in relation to a person who was an employee of
the Snowy Mountains Hydro-electric Authority immediately before the
corporatisation date if, at that time, the employee’s period of service
for the purposes of the Long Service Leave Act was less than 10 years.
(2) If the employee dies on or after the corporatisation date and,
immediately before his or her death:
(a) the employee was an employee of a Snowy hydro-group company;
and
(b) the employee’s combined service period was at least one year;
and
(c) the employee had one or more dependants;
the hydro-group company must make a payment to a dependant or to 2 or more
dependants of the employee.
(3) The total amount of the payment or payments is the amount that would
have been payable to the employee under section 28 if, on the day of his or
her death, the employee had stopped being an employee of the hydro-group company
on or after reaching the minimum retiring age.
(4) If subsection (2) applies, section 23 of the Long Service
Leave Act has effect as if:
(a) that section applied to an employee of a Snowy hydro-group company;
and
(b) a reference in that section to the approving authority were a
reference to the hydro-group company; and
(c) for the expression “this Act” in that section there were
substituted the expression “section 29 of the Snowy Hydro
Corporatisation Act 1997”; and
(d) for the expression “subsection 16(7) or 17(5)”
in that section there were substituted the expression “section 29 of
the Snowy Hydro Corporatisation Act 1997”.
(1) For the purposes of section 27, an employee’s long
service leave credit is equal to the long service leave credit that the employee
would have under the Long Service Leave Act for the period:
(a) starting when the employee started his or her period of service;
and
(b) ending immediately before the corporatisation date;
if the employee had been retrenched on the corporatisation date.
(2) For the purposes of section 28, an employee’s long service
leave credit is the employee’s long service leave credit worked out under
subsection (1) of this section reduced by any long service leave credit
used under section 27.
To avoid doubt, this Division does not affect an employee’s
future long service leave rights.
(1) This section applies to a person who, immediately before the
corporatisation date, was an employee of the Snowy Mountains Hydro-electric
Authority whose period of service under the Long Service Leave Act was at least
10 years.
(2) Even though the employee ceases to be employed in Government Service
for the purposes of the Long Service Leave Act, the employee’s accrued
rights under that Act continue if the employee becomes an employee of the Snowy
Hydro Company on the corporatisation date. However, the employee is not entitled
to receive any payment because he or she ceases to be in Government
Service.
(3) The Long Service Leave Act has effect on and after the corporatisation
date in relation to the employee as if the Snowy Hydro Company were an approving
authority for the purposes of that Act.
Unless the contrary intention appears, expressions used in this
Division that are also used in the Safety, Rehabilitation and Compensation
Act 1988 have the same meanings as in that Act.
(1) This section applies to an employee of a Snowy hydro-group
company who was an employee of the Snowy Mountains Hydro-electric Authority
immediately before the corporatisation date.
(2) The Safety, Rehabilitation and Compensation Act 1988 continues
to apply, on and after the corporatisation date, in relation to:
(a) injuries suffered by the employee before the corporatisation date;
and
(b) loss of, or damage to, property incurred by the employee before the
corporatisation date.
(1) On and after the corporatisation date, the Snowy Hydro
Company:
(a) is liable to pay the liabilities of the Snowy Mountains Hydro-electric
Authority that existed immediately before that date under section 128A of
the Safety, Rehabilitation and Compensation Act 1988 as if it were a
prescribed Commonwealth authority for the purposes of that section;
and
(b) is taken to have been the employer of the employees of the Authority
before the corporatisation date for the purposes of the Safety,
Rehabilitation and Compensation Act 1988.
(2) Paragraph 1(b) has effect subject to section 36.
(1) This section applies to an employee of a Snowy hydro-group
company who was an employee of the Snowy Mountains Hydro-electric Authority
immediately before the corporatisation date.
(2) On and after the corporatisation date:
(a) the Snowy hydro-group company is taken to be the relevant employer of
the employee for the purposes of section 40 of the Safety, Rehabilitation and
Compensation Act 1988; and
(b) the Snowy hydro-group company is taken to be a Commonwealth authority
for the purposes of section 71 of the Safety, Rehabilitation and Compensation
Act 1988.
Unless the contrary intention appears, expressions used in this Division
that are also used in the Maternity Leave Act have the same meanings as in that
Act.
(1) This section applies if:
(a) a woman who was an employee of the Snowy Mountains Hydro-electric
Authority immediately before the corporatisation date becomes an employee of the
Snowy Hydro Company under section 23; and
(b) within 12 months after the corporatisation date, the woman would have
been entitled to begin leave granted under the Maternity Leave Act if the
Authority had continued to exist and the woman had continued to be an employee
of the Authority.
(2) On and after the corporatisation date, the Maternity Leave Act
continues to apply to the woman in relation to the confinement in respect of
which she would have been entitled to leave as if each Snowy hydro-group company
were a prescribed Authority for the purposes of that Act.
(1) This section applies if:
(a) immediately before the corporatisation date, a woman was an employee
of the Snowy Mountains Hydro-electric Authority and was on leave granted under
the Maternity Leave Act; and
(b) the woman becomes an employee of the Snowy Hydro Company under
section 23; and
(c) the woman would have been entitled to remain on that leave, after the
corporatisation date, if the Authority had continued to exist and the woman had
continued to be employed by the Authority.
(2) On and after the corporatisation date, the Maternity Leave Act
continues to apply to the woman in relation to the confinement in respect of
which the leave was granted as if each Snowy hydro-group company were a
prescribed Authority for the purposes of that Act.
(1) This section applies to an employee of a Snowy hydro-group
company if, immediately before the corporatisation date, the employee was an
employee of the Snowy Mountains Hydro-electric Authority in respect of whom
deferred benefits were applicable under section 78 of the DFRDB
Act.
(2) For the purposes of Division 3 of Part IX of the DFRDB Act, the
employee is taken to continue in public employment on and after the
corporatisation date while the employee continues to be employed by a
hydro-group company.
(3) This section is subject to Division 3 of Part IX of the DFRDB
Act.
(4) Unless the contrary intention appears, expressions used in this
section that are also used in the DFRDB Act have the same meanings as in that
Act.
If:
(a) a person who is an employee of a Snowy hydro-group company was,
immediately before the corporatisation date, an employee of the Snowy Mountains
Hydro-electric Authority; and
(b) a period of employment of the person by the Authority was a period of
eligible employment for the purposes of Division 3 of Part IX of the DFRDB
Act;
the period of employment continues to be a period of eligible employment
for the purposes of that Division.
Continuing application of Crimes (Superannuation Benefits) Act
1989
(1) Subject to this section, if:
(a) a person who was an employee of the Snowy Mountains Hydro-electric
Authority before the corporatisation date committed a corruption offence while
such an employee; and
(b) the person becomes an employee of the Snowy Hydro Company on that date
under section 23;
then, on and after that date, the Crimes (Superannuation Benefits) Act
1989 continues to apply in relation to the person in respect of the offence
as if a Snowy hydro-group company were an authority of the
Commonwealth.
Limitation on superannuation orders
(2) A superannuation order may not be made under the Crimes
(Superannuation Benefits) Act 1989 in relation to employer contributions or
benefits paid or payable to a superannuation scheme by a Snowy hydro-group
company on or after the corporatisation date.
Superannuation schemes
(3) A superannuation scheme in relation to which employer contributions or
benefits are paid or payable by a Snowy hydro-group company is not a
superannuation scheme for the purposes of the Crimes (Superannuation
Benefits) Act 1989 in respect of a corruption offence committed by a person
after the corporatisation date.
Paragraph 19(3)(d) orders
(4) Despite paragraph 19(3)(d) of the Crimes (Superannuation
Benefits) Act 1989, for the purposes of the application of that Act to the
Snowy Mountains Hydro-electric Authority, an order made under that paragraph on
or after the corporatisation date may only specify that an amount paid into the
Consolidated Revenue Fund before that date by or on behalf of the Authority
belongs to the Commonwealth.
Paragraph 19(4)(b) orders
(5) If:
(a) a person who was an employee of the Snowy Mountains Hydro-electric
Authority before the corporatisation date committed a corruption offence while
such an employee; and
(b) the person was or is paid benefits before, on or after that date out
of the Consolidated Revenue Fund;
then, despite paragraph 19(4)(b) of the Crimes (Superannuation
Benefits) Act 1989, for the purposes of the application of that Act to the
corruption offence, an order made under that paragraph on or after that date may
only specify that an amount equal to the total benefits paid out of the
Consolidated Revenue Fund be paid to the Commonwealth.
Interpretation
(6) Unless the contrary intention appears, expressions used in this
section that are also used in the Crimes (Superannuation Benefits) Act
1989 have the same meanings as in that Act.
Even though the Director of Public Prosecutions Act 1993
ceases to apply to acts, omissions or proceedings in connection with the Snowy
Mountains Hydro-electric Authority because the Authority has ceased to exist,
that Act continues on and after the corporatisation date to apply to:
(a) acts or omissions that occurred before that date; and
(b) the taking of civil remedies connected with or arising out of a
prosecution that relates to such acts or omissions.
(1) Section 55E of the Judiciary Act 1903 continues to apply
in relation to:
(a) any proceedings to which the Snowy Hydro Company is a party that were
started before the corporatisation date; and
(b) any matter that an authorised person, by writing, certifies to be a
matter in relation to which the Snowy Mountains Hydro-electric Authority gave
written instructions before the corporatisation date to the Australian
Government Solicitor; and
(c) any matter that an authorised person, by writing, certifies to be a
matter involving a claim against the Company in respect of which the
Commonwealth agreed to indemnify the Authority or has agreed to indemnify the
Company;
as if the Company were a body established by an Act.
(2) A document purporting to be a certificate under
subsection (1) is, unless the contrary is established, taken to be such a
certificate.
(3) In this section:
authorised person means:
(a) the Secretary to the Attorney-General’s Department; or
(b) a person holding or performing the duties of a Senior Executive
Service office, within the meaning of the Public Service Act 1922, in
that Department.
(1) If the Snowy Mountains Hydro-electric Authority has paid a
contribution to the cost of the administration of the Occupational Health and
Safety (Commonwealth Employment) Act 1991 under section 67H of that Act
for the financial year in which the corporatisation date occurs, the Snowy Hydro
Company is entitled to be paid the amount worked out using the
formula:
where:
contribution means the contribution paid by the Authority for
that financial year.
number of refund days means the total number of days in the
period starting on the corporatisation date and ending on the last day of that
financial year.
(2) An amount to which the Company is entitled under subsection (1)
is to be paid out of the Consolidated Revenue Fund, which is appropriated
accordingly.
(1) If Division 2 or 3 of Part IV of the Public Service Act
1922 applied to an employee of the Snowy Mountains Hydro-electric Authority
immediately before the corporatisation date, that Division ceases to apply to
the employee on that date.
(2) If Division 4 of Part IV of the Public Service Act 1922
applied to an employee of the Authority immediately before the corporatisation
date:
(a) the Officers’ Rights Declaration Act 1928; and
(b) Division 4 of Part IV of the Public Service Act 1922;
cease to apply to the employee on that date.
(1) The Commonwealth may enter into an agreement with New South Wales with
respect to the payment to the Commonwealth of a requisite proportion of land tax
paid to New South Wales by the Snowy Hydro Company.
(2) The requisite proportion is the proportion of shares in the Company
held by the Commonwealth during the relevant period for which the land tax was
paid.
The Minister may execute, on behalf of the Commonwealth, any agreement
that the Commonwealth is authorised to enter into by this Act or any other
agreement that is necessary or convenient to give effect to the object of this
Act.
(1) No tax is payable under a law of the Commonwealth, New South
Wales or Victoria in respect of:
(a) an exempt matter; or
(b) anything done (including, for example, a transaction entered into or
an instrument or oral agreement made, executed, lodged or given) because of, or
for a purpose connected with or arising out of, an exempt matter.
(2) The Minister for Finance or an authorised person may, in writing,
certify whether:
(a) a particular matter or thing is an exempt matter; or
(b) a particular thing was done (including, for example, a transaction
entered into or an instrument or oral agreement made, executed, lodged or given)
because of, or for a purpose connected with or arising out of, a particular
exempt matter.
(3) For all purposes and in all proceedings, a certificate under
subsection (2) is conclusive evidence of the matter certified, except to
the extent (if any) to which the contrary is proved.
(4) Unless the contrary is proved, a document purporting to be a
certificate under subsection (2) is to be taken to be such a certificate
and to have been duly signed.
Section 205 and Part 3.2A of the Corporations Law do not apply in
relation to:
(a) any debt to the Commonwealth, or other liability, acquired by the
Snowy Hydro Company (or the giving of any related security) in accordance with
this Act, the New South Wales Corporatisation Act or the Victorian
Corporatisation Act or any agreement under any such Act; or
(b) the acquisition of initial shares in the Company by the Commonwealth,
New South Wales or Victoria.
(1) This section applies to an asset that is transferred to the Snowy
Hydro Company by:
(a) a transfer instrument or transfer instruments referred to in paragraph
2(a) of Schedule 1; or
(b) an order or orders referred to in paragraph 2(b), (c) or (d) of that
Schedule.
(2) The Minister for Finance may make a written determination that the
Income Tax Assessment Act 1936 and the Income Tax Assessment Act
1997 have effect, in relation to the Company, as if:
(a) the Company acquired, and became the owner of, a specified asset on a
date stated in the determination; and
(b) the Company had given consideration in respect of the acquisition of
the asset by it; and
(c) the consideration so given:
(i) was the amount stated in the determination; and
(ii) represented the cost to the Company of the asset.
(3) The amount to be stated in a determination under subparagraph
(2)(c)(i) in respect of a particular asset is the amount determined in relation
to that asset in a relevant agreement entered into as mentioned in clause 6 of
Schedule 1.
(4) A determination under subsection (2) has effect accordingly.
(1) The regulations may provide that the application of the Income Tax
Assessment Act 1936 and the Income Tax Assessment Act 1997 to the
Snowy Hydro Company is subject to such modifications as are set out in the
regulations.
(2) This section has effect subject to any determinations in force under
section 51.
(3) In this section:
modifications include additions, omissions and
substitutions.
(1) If:
(a) an asset vests in the Snowy Hydro Company because of section 10 or an
order under section 11 or vests in TransGrid because of an order under
section 12; and
(b) a person or authority has power, under a law of the Commonwealth, of a
State or of a Territory, to register, record or otherwise give effect
to:
(i) transactions affecting that kind of asset; or
(ii) instruments relating to such transactions;
the person or authority may do whatever is necessary or desirable to give
effect to, or reflect, the vesting (for example, making entries in a
register).
(2) Without limiting the generality of subsection (1),
if:
(a) land that is situated in a State or Territory, or an interest in such
land, vests in the Snowy Hydro Company under section 10 or an order under
section 11 or vests in TransGrid under an order under section 12;
and
(b) there is lodged with the Registrar of Titles or other proper officer
of the State or Territory in which the land is situated a certificate
that:
(i) is signed by the Minister or an authorised person; and
(ii) identifies the land or interest, whether by reference to a map or
otherwise; and
(iii) states that the land or interest is vested in the Company under
section 10 or 11 or is vested in TransGrid under section 12, as the
case may be;
the officer with whom the certificate is lodged may:
(c) register the matter in the same way as dealings in land or interests
in land of that kind are registered; and
(d) deal with, and give effect to, the certificate.
(1) If:
(a) apart from this section, the operation of this Act would result in the
acquisition of property from a person otherwise than on just terms;
and
(b) the acquisition would be invalid because of paragraph 51(xxxi) of the
Constitution;
the Commonwealth is liable to pay compensation of a reasonable amount to
the person in respect of the acquisition.
(2) If the Commonwealth and the person do not agree on the amount of the
compensation, the person may institute proceedings in the Federal Court of
Australia for the recovery from the Commonwealth of such reasonable amount of
compensation as the Court determines.
(3) In this section:
acquisition of property has the same meaning as in paragraph
51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of
the Constitution.
person does not include the Snowy Mountains Hydro-electric
Authority or the Snowy Mountains Council.
(1) This section applies when, under the Corporations Law of New
South Wales, the Snowy Hydro Company sends to:
(a) the Commonwealth as the holder of shares in the Company; or
(b) a person who holds shares in the Company as nominee for the
Commonwealth;
copies of the documents required by that Law to be laid before a particular
annual general meeting of the Company.
(2) The Minister must, as soon as practicable, cause to be laid before
each House of the Parliament copies of the documents referred to in
subsection (1) (whether made from the copies first referred to in that
subsection or otherwise).
(1) In this section:
personal information has the same meaning as in the
Privacy Act 1988.
pre-corporatisation day means the day immediately before the
corporatisation date.
(2) Any asset of the Snowy Mountains Hydro-electric Authority, in
existence at the beginning of the pre-corporatisation day, or coming into
existence during that day, being an asset that is a Commonwealth record, becomes
the property of the Commonwealth at the beginning of that day or immediately
after coming into existence, as the case may be.
(3) Any asset of the Snowy Mountains Hydro-electric Authority, being a
copyright in a literary, dramatic, musical or artistic work or other
subject-matter, that was owned by the Authority at the beginning of the
pre-corporatisation day, or comes to be owned by the Authority during that day,
becomes the property of the Commonwealth at the beginning of that day or
immediately after coming to be owned by the Authority, as the case may
be.
(4) Clause 3 of Schedule 1 applies to an asset to which subsection (2) or
(3) applies as if it were transferred from the Authority to the Commonwealth
under a transfer instrument to which that Schedule applies.
(5) The disclosure to the Snowy Hydro Company of personal information
about transferred employees contained in Commonwealth records referred to in
subsection (2) is authorised.
(6) To avoid doubt, but without limiting by implication the
operation of section 8, a Snowy hydro-group company is taken, for the
purposes of the Archives Act 1983, never to have been established for a
public purpose.
(1) The Minister for Finance may, by writing, appoint a person to be an
authorised person for the purposes of subsection 49(2).
(2) The Minister may, by writing, appoint a person to be an authorised
person for the purposes of subsection 53(2).
The Governor-General may make regulations prescribing
matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act;
and, in particular, prescribing penalties, not exceeding a fine of 10
penalty units, for offences against the regulations.
The Snowy Mountains Hydro-electric Power Act 1949 is
repealed.
(1) The following agreements are terminated on the corporatisation
date:
(a) the agreements copies of which are set out in Schedules 1 and 2 to the
Snowy Mountains Hydro-electric Power Act 1949;
(b) the agreement a copy of which is set out in the Schedule to the
Blowering Water Storage Works Agreements Act 1963.
(2) The agreement a copy of which is set out in the First Schedule to the
Seat of Government Acceptance Act 1909 is amended on the corporatisation
date by omitting clause 10.
(3) The termination of the agreements referred to in subsection (1)
extinguishes the rights and obligations of the parties under the
agreements.
(4) The omission of clause 10 of the agreement referred to in subsection
(2) extinguishes the rights and obligations of the parties under the
clause.
(5) An exemption (if any) arising under the agreements referred to in
subsection (1) from any written or unwritten laws of the Commonwealth, New South
Wales or Victoria is terminated on the corporatisation date and is not
transferred by or under this Act, the New South Wales Corporatisation Act or the
Victorian Corporatisation Act.
(6) A right (if any) arising under an agreement referred to in subsection
(1) to collect, divert, store or use water or to generate or supply electricity,
or right arising under clause 10 of the agreement referred to in subsection (2),
is terminated on the corporatisation date and is not transferred by or under
this Act, the New South Wales Corporatisation Act or the Victorian
Corporatisation Act.
(7) Subsections (5) and (6) are enacted to avoid doubt.
On the corporatisation date:
(a) the Snowy Mountains Hydro-electric Authority is abolished;
and
(b) the Snowy Mountains Council is abolished;
to the extent that they were, immediately before that date, constituted or
recognised as legal entities by any Act.
If the Authority has at any time treated expenditure incurred by it under
the agreement a copy of which is set out in Schedule 2 to the Snowy Mountains
Hydro-electric Power Act 1949 as being expenditure of a capital nature, or
as not being expenditure of a capital nature, the action of the Authority in so
treating the expenditure is taken, for all purposes, to have been
correct.
(1) Part 1 of Schedule 2 has effect.
(2) Part 2 of Schedule 2 has effect.