Snowy Mountains Engineering Corporation Regulations (Repeal) 1993 No. 338
EXPLANATORY STATEMENT
Statutory Rules 1993 No. 338
Issued by the authority of the Minister for Science and Small Business
Snowy Mountains Engineering Corporation Act 1970
Snowy Mountains Engineering Corporation Regulations (Repeal)
Section 55 of the Snowy Mountains Engineering Corporation Act 1970 (the Act) provides that the Governor-General may make regulations for the purposes of the Act. The Act has been amended on several occasions and a number of provisions have been repealed thus making Regulations relating to those provisions redundant. The Government has sold the Snowy Mountains Engineering Corporation Limited (SMEC) to Tinbury Limited (a staff owned company) and it is therefore proposed to repeal any legislation made concerning SMEC which is no longer required.
The Regulations would repeal Statutory Rules 1971 No 37 as amended by 1973 Nos 70 and 225 and Statutory Rules 1988 No 377.
Details of the Regulations repealed are as follows.
Travelling allowance for Assistant Directors
Regulations 2, 3 and 4 of the Snowy Mountains Engineering Corporation Regulations (1971, No 37) deal with travelling allowance for an Assistant Director. Regulation 5 provides that travelling allowance is payable in respect of any period of office after 18 November 1970. Legislation providing for the two Statutory positions of Assistant Director was repealed with effect from 14 November 1985 and the officers occupying those positions were appointed to senior management positions in the company. Travelling allowance for those Directors from that date was determined as with other staff members by the Office of the Public Service Board and subsequently with the current prevailing method appropriate to staff of the Corporation. These Regulations have had no effect for eight years and as the company is now sold it is appropriate that they be repealed.
Approval of Minister for contracts exceeding $500,000
Regulation 6 prescribes an amount under subsection 48(1) of the Act. Section 48 was repealed when SMEC was converted to a public company on 1 July 1989. The Regulation was made to allow SMEC to invest some surplus working capital funds in a short term interest bearing investment. Section 48(1) of the Act provided for a contract of more than $500,000 to be approved by the Minister. Subsection 48(2) modified the conditions under which it was necessary to obtain the Minister's approval by excluding contracts which were a normal part of its engineering operations. As a public company SMEC was subject to the Corporations Law and the legal provisions relating to other public companies. Section 48 of the Act was repealed as it was not consistent with Corporations Law and it was not appropriate for the Minister to be involved in commercial decisions.
Regulation 1 repeals the Regulations described in this statement.
Overview
The Snowy Mountains Engineering Corporation Regulations (Repeal) 1993, No. 338, issued under the authority of the Minister for Science and Small Business, aims to repeal certain regulations concerning the Snowy Mountains Engineering Corporation (SMEC) which have become redundant following the sale of SMEC to Tinbury Limited. The regulations seek to address the issue of outdated and unnecessary rules that no longer apply to the corporation, which has been privatised and is now operating as a public company. This repeal is necessary to align the legislative framework with the current operational status of SMEC, ensuring that the legal provisions are both relevant and effective. The overarching policy objective is to streamline the regulatory environment by removing obsolete regulations, thus facilitating the efficient operation of SMEC in its new ownership structure.
Scope and Application
The Snowy Mountains Engineering Corporation Regulations (Repeal) 1993 No. 338 applies to the repeal of certain regulations previously made under the Snowy Mountains Engineering Corporation Act 1970. The regulations in question were rendered redundant following amendments to the Act and the subsequent sale of the Snowy Mountains Engineering Corporation Limited (SMEC) to Tinbury Limited. The repeal targets specific statutory rules, including those pertaining to the travelling allowance for Assistant Directors and the approval process for contracts exceeding $500,000. The regulations have no current effect as the positions they pertain to were abolished in 1985 and the Act's provisions regarding high-value contracts were repealed in 1989. The repeal ensures that outdated and unnecessary regulations are removed from the statute books in line with the changing operational context and ownership of SMEC. This repeal does not extend to any other regulations or provisions within the Act, maintaining the integrity and relevance of the remaining legislative framework.
Key Provisions
The Snowy Mountains Engineering Corporation Regulations (Repeal) 1993 No. 338 focuses on repealing certain regulations that have become redundant due to legislative changes and the sale of the Snowy Mountains Engineering Corporation Limited (SMEC). Section 55 of the Snowy Mountains Engineering Corporation Act 1970 (the Act) empowers the Governor-General to make regulations for the purposes of the Act. The proposed Regulations repeal Statutory Rules 1971 No 37, as amended by 1973 Nos 70 and 225, and Statutory Rules 1988 No 377.
The main provisions of the Regulations involve the repeal of regulations that are no longer necessary. Regulation 2, 3, and 4 of the Snowy Mountains Engineering Corporation Regulations (1971, No 37) pertain to the travelling allowance for Assistant Directors. These regulations have been in effect since 18 November 1970 but have been rendered obsolete due to the repeal of legislation that established the positions of Assistant Director, effective from 14 November 1985. The travelling allowance for these Directors is now determined in accordance with the methods applicable to other staff members of the Corporation. Regulation 5, which pertains to the payment of travelling allowance for any period of office after 18 November 1970, is also being repealed as these Regulations have been inactive for eight years. The sale of the company to Tinbury Limited, a staff-owned company, further justifies the repeal of these regulations.
The Regulations also involve the repeal of Regulation 6, which prescribed an amount under subsection 48(1) of the Act. This regulation required the Minister's approval for contracts exceeding $500,000. However, Section 48 of the Act was repealed when SMEC was converted to a public company on 1 July 1989, as it was inconsistent with the Corporations Law and the Minister's involvement in commercial decisions was deemed inappropriate. The repeal of these Regulations is thus consistent with the changes in the legal status of SMEC and the shift in its operational focus.
The obligations and requirements imposed by the Regulations are primarily to ensure the repeal of redundant regulations. The Regulations aim to streamline the legislative framework governing SMEC by removing outdated provisions. The sale of SMEC to Tinbury Limited has further justified the repeal of these Regulations, as they no longer apply to the current operational context of the company.
The Snowy Mountains Engineering Corporation Regulations (Repeal) 1993 No. 338 does not specify any offences, penalties, or civil/criminal consequences for breach. The primary purpose of the Regulations is to repeal outdated provisions and streamline the legal framework. However, any breach of the repealed regulations prior to their repeal would have been subject to the penalties and consequences applicable under the original regulations. As these Regulations pertain to the repeal of existing provisions, there are no new penalties or consequences introduced by the Regulations themselves.