Snowy Mountains Hydro-electric Power Amendment Act 1979 (Cth)

Snowy Mountains Hydro-electric Power Amendment Act 1979

No. 156 of 1979

An Act to amend the Snowy Mountains Hydro-electric Power Act 1949.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Snowy Mountains Hydro-electric Power Amendment Act 1979.

(2) The Snowy Mountains Hydro-electric Power Act 1949 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Interpretation

3. Section 4 of the Principal Act is amended by omitting the definitions of “officer” and “temporary officer”.

4. Section 10 of the Principal Act is repealed and the following section substituted:

Remuneration

“10. (1) The Commissioner and each Associate Commissioner shall be paid such remuneration as is determined by the Remuneration Tribunal.

“(2) The Commissioner and each Associate Commissioner shall be paid such allowances as are prescribed.

“(3) This section has effect subject to the Remuneration Tribunals Act 1973.”.

5. Section 14 of the Principal Act is repealed and the following section substituted:

Acting Commissioner and Acting Associate Commissioner

“14. (1) The Minister may appoint a person to act in the office of the Commissioner or the office of an Associate Commissioner—

(a) during a vacancy in the office; or

(b) during any period, or during all periods, when the holder of the office is absent from duty or from Australia or is, for any other reason, unable to perform the duties of his office,

but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.

 

“(2) An appointment of a person under sub-section (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.

“(3) The Minister may—

(a) determine the terms and conditions of appointment, including remuneration and allowances, of a person acting in an office in accordance with sub-section (1); and

(b) terminate such an appointment at any time.

“(4) Where a person is acting in an office in accordance with paragraph (1) (b) and that office becomes vacant while that person is so acting, then, subject to sub-section (2), that person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.

“(5) The appointment of a person under sub-section (1) ceases to have effect if he resigns the appointment by writing signed by him and delivered to the Minister.

“(6) While a person is acting in an office in accordance with sub-section (1), he has and may exercise all the powers, and shall perform all the functions, of that office.

“(7) The validity of anything done by a person purporting to act under sub-section (1) shall not be called in question on the ground that the occasion for his appointment had not arisen, that there is a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had ceased.”.

Particular powers of the Authority

6. Section 18 of the Principal Act is amended by omitting from paragraph (i) “, temporary officers”.

Power to enter land and take levels, &c.

7. Section 19 of the Principal Act is amended by omitting “, temporary officer”.

8. (1) Sections 22, 22a and 23 of the Principal Act are repealed and the following section is substituted:

Officers and employees of Authority

“22. (1) The Authority may appoint such officers and engage such employees as it thinks necessary for the purposes of this Act.

“(2) The terms and conditions of service of officers appointed under sub-section (1) are such as are, subject to the approval of the Public Service Board, determined by the Authority.

 

“(3) The terms and conditions of employment of employees engaged under sub-section (1) are such as are determined by the Authority.

“(4) In sub-sections (2) and (3), ‘terms and conditions’ include conditions with respect to duration of service or employment or with respect to dismissal from service or employment.”.

(2) A person who, on the day immediately preceding the date of commencement of this Act, was an officer, temporary officer or temporary or casual employee of the Snowy Mountains Hydro-electric Authority (not being a person who ceased to be such an officer, temporary officer or temporary or casual employee on that day) shall, by virtue of this sub-section—

(a) in the case of an officer or temporary officer—upon the commencement of this Act, continue to be an officer of the Authority or be deemed to have become an officer of the Authority, as the case may be; or

(b) in the case of a temporary or casual employee—upon the commencement of this Act be deemed to have become an employee of the Authority.

(3) Terms and conditions of employment determined by the Snowy Mountains Hydro-electric Authority under section 22, 22a or 23 of the Principal Act and having effect on the day immediately preceding the date of commencement of this Act shall, by virtue of this sub-section—

(a) in the case of terms and conditions determined under section 22 or 22a of the Principal Act—be deemed to be terms and conditions of service determined under sub-section 22(2) of the Principal Act as amended by this Act; or

(b) in the case of terms and conditions determined under section 23 of the Principal Act—be deemed to be terms and conditions of employment determined under sub-section 22(3) of the Principal Act as amended by this Act,

but those terms and conditions may be varied under sub-section 22(2) or (3), as the case may require, of the Principal Act as so amended.

Preservation of industrial awards

9. Section 24 of the Principal Act is amended by omitting “temporary officers” (wherever occurring) and substituting “employees of the Authority”.

10. (1) Sections 25 to 29 (inclusive) of the Principal Act are repealed and the following sections substituted:

Financial policy

“25. Subject to sub-section 16(3), the Authority shall pursue a policy directed towards securing revenue sufficient to meet all its expenditure properly chargeable to revenue.

Application of Div. 2 of Part XI of Audit Act

“26. The Authority is a public authority to which Division 2 of Part XI of the Audit Act 1901 applies.

Borrowing from Commonwealth

“27. The Minister for Finance may, on behalf of the Commonwealth, out of moneys appropriated by the Parliament for the purpose, lend moneys to the Authority in such amounts, at such rates of interest and on such other terms and conditions as the Minister for Finance, having regard to the provisions of clause 15 of the Agreement, determines.

Borrowing otherwise than from Commonwealth

“28. (1) The Authority may, from time to time, borrow moneys (otherwise than from the Commonwealth) in such amounts, at such rates of interest and on such other terms and conditions as the Treasurer approves.

“(2) Approvals for the purposes of sub-section (1) may be given in respect of particular borrowings or in respect of borrowings included within specific classes of borrowings.

“(3) The Authority may give security over the whole or any part of its assets for the repayment of moneys borrowed under sub-section (1) and the payment of interest on moneys so borrowed.

“(4) Without limiting the generality of sub-sections (1) and (3), a borrowing by the Authority under sub-section (1) may be by the issue of securities of such kinds as are prescribed.

“(5) The Treasurer may, on behalf of the Commonwealth, guarantee the repayment by the Authority of moneys borrowed under sub-section (1) and the payment of interest on moneys so borrowed.

“(6) Where the Authority borrows moneys under sub-section (1) by the issue of prescribed securities, the repayment by the Authority of the moneys so borrowed and the payment of interest on those moneys are, by force of this sub-section, guaranteed by the Commonwealth.

Borrowing not otherwise permitted

“29. The Authority shall not borrow moneys except in accordance with sections 27 and 28.

Application of moneys

“30. (1) Subject to sub-section (2) and to section 63e of the Audit Act 1901, the moneys of the Authority may be applied by the Authority—

(a) in payment or discharge of the costs, expenses or other obligations of the Authority; and

(b) in payment of remuneration and allowances payable to any person appointed under this Act or employed by the Authority under this Act or any other law,

and not otherwise.

 

“(2) Moneys of the Authority to which paragraph (j) of sub-clause (2) of clause 15 of the Agreement applies may be invested in accordance with that paragraph and not otherwise.

“(3) The Treasurer may, on behalf of the Commonwealth, accept deposits made by the Authority in accordance with sub-section (2), and pay or credit interest on those deposits to the Authority in accordance with the Agreement.

Estimates

“30a. The Authority shall prepare estimates, in such form as the Minister directs, of its receipts and expenditure for each financial year and, if so directed by the Minister, for any other period, and shall submit those estimates to the Minister not later than such date as the Minister directs.

Liability to taxation

“30b. (1) Except as otherwise provided by or under another Act (whether passed before or after the commencement of this Act), the Authority is subject to taxation under the laws of the Commonwealth.

“(2) Subject to sub-section (3), the Authority is not subject to taxation under a law of a State or of a Territory.

“(3) The regulations may provide that sub-section (2) does not apply in relation to taxation under a specified law of a State or Territory.

“(4) Stamp duty or any similar tax is not payable under a law of the Commonwealth or of a State or Territory in respect of—

(a) a security issued by the Authority;

(b) the issue, redemption, transfer, sale or purchase of such a security, not including a transaction entered into without consideration or for an inadequate consideration; or

(c) any document executed by or on behalf of the Authority, or any transaction, in relation to the borrowing of moneys by the Authority.”.

(2) For the purpose of the application of sections 63d and 63e of the Audit Act 1901 to the Authority, references in those sections to an approved bank shall, until the Treasurer, by notice in writing given to the Authority, otherwise determines, be deemed to include references to the Reserve Bank of Australia.

Contracts requiring Minister s approval

11. Section 31 of the Principal Act is amended by omitting “Two hundred thousand dollars” and substituting “$500,000”.

Repeal of section 32b

12. Section 32b of the Principal Act is repealed.

13. Section 34 of the Principal Act is repealed and the following section substituted:

Preservation of rights

“34. (1) Where a relevant person was, immediately before he became a relevant person, an officer of the Australian Public Service or a person to whom the Officers’ Rights Declaration Act 1928 applied—

(a) he retains his existing and accruing rights; and

 

(b) for the purpose of determining those rights, his service under this Act shall be taken into account as if it were service in the Australian Public Service.

“(2) For the purposes of this section, a person shall be taken to be a relevant person while—

(a) he holds office, on a full-time basis, as the Commissioner or as an Associate Commissioner; or

(b) he is an officer of the Authority in pursuance of an appointment under section 22.”.

Formal amendments

14. The Principal Act is amended as set out in the Schedule to this Act.

————

SCHEDULE Section 14

FORMAL AMENDMENTS

Provision amended	Omit—	Substitute—
Section 4 (definition of “the Agreement”)	the First Schedule to this Act	Schedule 1
	section five a of this Act	section 5a
clause twenty-two	clause 22
Section 4 (definition of “the Supplemental Agreement”)	the Second Schedule to this Act	Schedule 2
Section 5b............................	1915-1954	1915
Sub-section 6(3)............	at the date of commencement of this sub-section	on 6 November 1958
Paragraph 13(d)............	fourteen consecutive days or for twenty-eight days in any twelve months	14 consecutive days or for 28 days in any 12 months
Paragraph 13(e)............	twenty-five persons	25 persons
Paragraph 16(1) (b)......	the last preceding paragraph	paragraph (a)
Sub-section 17(1)..........	the last preceding section	section 16
Paragraph 17(1) (d)......	paragraphs of this sub-section	paragraphs
Sub-section 17(2)..........	the last preceding sub-section	sub-section (1)
Paragraph 20(a).............	seven	7
Sub-section 33(3)..........	section twenty of this Act	section 20
Sub-section 33(3b).........	the last preceding sub-section	sub-section (3a)
Sub-section 33(4)...........	section nineteen	section 19
Sub-section 33(3c)	the last two preceding sub-sections	sub-sections (3a) and (3b)

 

SCHEDULE—continued

Provision amended	Omit—	Substitute—
Sub-section 37(2)........	the last preceding sub-section	sub-section (1)
Paragraph 37(4)(a)	Two hundred dollars	$200
Paragraph 37(4)(b)	One thousand dollars	$1,000
one year	1 year
Section 41...................	One hundred dollars	$100
three months	3 months
First Schedule.............	FIRST SCHEDULE	SCHEDULE 1
Second Schedule.........	SECOND SCHEDULE	SCHEDULE 2