Snowy Mountains Hydro-electric Power Act 1951

Legislation au C1951A00047 Not in force Act

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SNOWY MOUNTAINS HYDRO-ELECTRIC POWER.

 

No. 47 of 1951.

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

[Assented to 8th December, 1951.]

[Date of commencement, 5th January, 1952.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Snowy Mountains Hydro-electric Power Act 1951.

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

(3.) The Principal Act, as amended by this Act, may be cited as the Snowy Mountains Hydro-electric Power Act 1949–1951.

Parts.

2. Section three of the Principal Act is amended by inserting after the words—

“Part IV.—Officers and Employees of the Authority.”

the words—

“Part IVa.—Industrial Matters.”.


Definitions.

3. Section four of the Principal Act is amended—

(a) by adding at the end of the definition of “officer” the words “, but does not include a temporary officer “; and

(b) by inserting after the definition of “owner” the following definition:—

“‘temporary officer’ means a temporary officer of the Authority;”.

Particular powers of the Authority.

4. Section eighteen of the Principal Act is amended by inserting in paragraph (i), after the word “officers” the words “, temporary officers”.

Power to enter land and take levels, &c.

5. Section nineteen of the Principal Act is amended by inserting after the word “officer” the words temporary officer”.

6. Sections twenty-three and twenty-four of the Principal Act are repealed and the following sections inserted in their stead:—

Temporary officers.

“22a.—(1.) The Authority may appoint such temporary officers as it thinks necessary for the purposes of this Act.

“(2.) Temporary officers shall hold office on such terms and conditions as the Authority determines.

“(3.) A person shall not be employed as a temporary officer unless, when required by the Authority so to do, he makes and subscribes an oath or affirmation of allegiance in accordance with the form in the Schedule to the Constitution.

Temporary and casual employees.

“23.—(1.) The Authority may employ such temporary or casual employees as it thinks necessary for the purposes of this Act.

“(2.) Temporary and casual employees shall, subject to Part IVa., be employed on such terms and conditions as the Authority determines.

“(3.) A person shall not be employed as a temporary or casual employee unless, when required by the Authority so to do, he makes and subscribes an oath or affirmation of allegiance in accordance with the form in the Schedule to the Constitution.

Preservation of industrial awards.

“24. Nothing in this Act prevents the making of an industrial award, order, determination or agreement under any other Act in relation to officers or temporary officers or affects the operation of such an award, order, determination or agreement in relation to officers or temporary officers.”.

7. After Part IV. of the Principal Act the following Part is inserted:—

“Part IVa.—Industrial Matters.

Definitions.

“24a. In this Part, unless the contrary intention appears—

‘contractor with the Authority’ means a person between whom and the Authority there is in force an agreement for the performance of work for or on behalf of the Authority in the specified area, but does not include a State, an authority of a State or a local governing body;


‘employee’ means—

(a) a temporary or casual employee employed by the Authority under section twenty-three of this Act;

(b) a person employed by a contractor with the Authority and working in the specified area in connexion with the work the subject of the agreement between that contractor and the Authority; and

(c) a person employed by a sub-contractor with the Authority and working in the specified area in connexion with the work the subject of the agreement between that sub-contractor and the contractor with the Authority;

‘sub-contractor with the Authority’ means a person between whom and a contractor with the Authority there is in force an agreement for the performance of work for or on behalf of that contractor in the specified area, being work in connexion with the work the subject of the agreement between that contractor and the Authority, but does not include a State, an authority of a State or a local governing body;

‘the Court’ means the Commonwealth Court of Conciliation and Arbitration;

‘the specified area’ means—

(a) the Snowy Mountains Area; and

(b) such other areas as are prescribed, being areas in which works referred to in section seventeen of this Act are being constructed, maintained, operated, protected, managed or controlled.

Jurisdiction of Court.

“24b. Subject to this Part, the powers of the Court under this Part shall be exercised by a single Judge.

Settlement of industrial disputes and determination of industrial matters.

“24c.—(1.) The Court has power—

(a) to prevent or settle, by conciliation or arbitration, disputes in relation to the salaries, wages, rates of pay or other terms or conditions of service or employment of employees; and

(b) to hear and determine matters submitted to it relating to the salaries, wages, rates of pay or other terms or conditions of service or employment of employees.

“(2.) In the exercise of its powers under this section, the Court has power to make orders and awards.

Interpretation.

“24d. The Court has power to give an interpretation of an order or award of the Court under this Part.

Standard hours basic wage, &c.

“24e. In the exercise of its powers under this Part with respect to—

(a) standard hours;

(b) the basic wage for adult males and the principles upon which it is computed;


(c) the basic wage for adult females and the principles upon which it is computed; and

(d) annual or other periodical leave with pay, sick leave with pay or long service leave with pay,

the Court shall have regard to the orders and awards of the Court with respect to those matters under the Commonwealth Conciliation and Arbitration Act 1904, or under that Act as amended.

Limitation of jurisdiction of certain industrial authorities.

“24f.—(1.) The Public Service Arbitrator, a Conciliation Commissioner and, except as provided by this Part, the Court, is not empowered to make a determination, order or award in relation to the salaries, wages, rates of pay or other terms or conditions of service or employment of employees.

“(2.) Except as provided by this Part, the Court is not empowered to give an interpretation of an order or award referred to in section twenty-four d of this Act.

Reference to Full Court.

“24g.—(1.) A Judge exercising the powers of the Court under this Part may, if he thinks fit, refer a question of law arising in proceedings before him for the opinion of the Court constituted by not less than three Judges.

“(2.) The Court so constituted shall hear and determine a question referred to it under the last preceding sub-section.

“(3.) Notwithstanding the reference under sub-section (1.) of this section of a question of law for the opinion of the Court constituted by not less than three Judges, a Judge exercising the powers of the Court under this Part may make an order or award in relation to the matter in connexion with which the question arose.

“(4.) Upon the determination by the Court constituted by not less than three Judges of a question of law referred to it under sub-section (1.) of this section, a Judge exercising the powers of the Court under this Part may make an order or award not inconsistent with the opinion of the Court so constituted or may vary an existing order or award in such a way as will make it consistent with that opinion.

Powers of Court.

“24h. The Court has, in relation to industrial disputes and other proceedings before it under this Part, the same powers, duties and functions as the Court has under the Conciliation and Arbitration Act 1904–1951 in relation to industrial disputes and other proceedings before it under that Act.

Application of certain provisions of Conciliation and Arbitration Act.

“24j.—(1.) The provisions of the Conciliation and Arbitration Act 1904–1951 which apply to or in relation to judgments, orders and awards of the Court under that Act apply to and in relation to judgments, orders and awards of the Court under this Part.

“(2.) The provisions of section twenty-seven of the Conciliation and Arbitration Act 1904–1951 have effect as if the reference in that section to awards and proceedings under that Act included a reference to awards and proceedings under this Part.


“(3.) The provisions of sub-section (3.) of section twenty-nine of the Conciliation and Arbitration Act 1904–1951 have effect as if the reference in that sub-section to orders or awards made by the Court under the Stevedoring Industry Act 1949 included a reference to orders or awards made by the Court under this Part.

“(4.) The provisions of section forty-six of the Conciliation and Arbitration Act 1904–1951 extend to proceedings before the Court under this Part.”.

Preservation of rights.

8. Section thirty-four of the Principal Act is amended—

(a) by omitting the words “or an officer” and inserting in their stead the words “,an officer or a temporary officer”; and

(b) by omitting the words “or as an officer of the Authority” and inserting in their stead the words “as an officer or as a temporary officer”.

Application of Commonwealth Employees’ Compensation Act.

9. Section thirty-five of the Principal Act is amended by inserting after the word “officers” the words “, temporary officers”.

 

Overview

The Snowy Mountains Hydro-electric Power Act 1951 was enacted to amend the Snowy Mountains Hydro-electric Power Act 1949, thereby addressing the need to establish a legislative framework for the management of industrial matters within the Snowy Mountains Hydro-electric Power Scheme. This amendment was introduced to provide for the appointment of temporary officers and the employment of temporary or casual employees, thereby ensuring that the Authority could meet its operational needs flexibly and efficiently. The enacting body was the Commonwealth Parliament, and the policy objective was to streamline the administration of the scheme while maintaining appropriate oversight of industrial relations and employment conditions. The Act aims to facilitate the smooth operation of the hydro-electric power project by granting specific powers to the Authority concerning the employment of temporary staff and ensuring that industrial disputes are resolved through the appropriate channels, thus maintaining productivity and harmony within the workforce. This Act underscores the importance of balancing the operational needs of the Snowy Mountains Hydro-electric Power Scheme with the rights and protections afforded to employees. By inserting provisions for the appointment of temporary officers and the employment of casual staff, the legislation recognises the dynamic nature of large-scale infrastructure projects and the necessity for flexible staffing arrangements. Furthermore, by delineating the jurisdiction of the Commonwealth Court of Conciliation and Arbitration in resolving industrial disputes, the Act ensures that any conflicts related to salaries, wages, and employment conditions are handled in a manner consistent with broader industrial relations principles, thereby fostering a stable and cooperative working environment.

Scope and Application

The Snowy Mountains Hydro-electric Power Act 1951 applies to the Snowy Mountains Authority and its officers, employees, and contractors within the specified area, which includes the Snowy Mountains Area and other prescribed areas where works related to hydro-electric power are being constructed, maintained, operated, protected, managed, or controlled. This Act, as an amendment to the Snowy Mountains Hydro-electric Power Act 1949, provides additional powers to the Authority to appoint temporary officers and employ temporary or casual employees, subject to specific conditions and requirements such as the swearing of an oath of allegiance. The Act also ensures that the preservation of industrial awards and agreements under other Acts is unaffected by its provisions. Furthermore, the Commonwealth Court of Conciliation and Arbitration has jurisdiction over industrial disputes and matters related to the salaries, wages, and other terms and conditions of service or employment of employees within the specified area. The Act restricts the jurisdiction of certain industrial authorities and provides for the reference of questions of law to a Full Court. The application of certain provisions of the Conciliation and Arbitration Act 1904–1951 extends to proceedings under this Act, ensuring consistency in the handling of industrial disputes and matters.

Key Provisions

The Snowy Mountains Hydro-electric Power Act 1951, as an amendment to the 1949 Act, introduces several key provisions. Firstly, it permits the Snowy Mountains Authority (the Authority) to appoint temporary officers and employ temporary or casual employees (sections 4, 22a, and 23). These appointments and employments are subject to specific conditions, including the requirement for the individuals to make and subscribe an oath or affirmation of allegiance (sections 22a(3) and 23(3)). The Act also provides that nothing in the Act affects the operation of industrial awards, orders, determinations, or agreements in relation to these officers or employees (section 24). The Act imposes several obligations on the Authority. It mandates that temporary officers and employees are to be appointed or employed on terms and conditions determined by the Authority (sections 22a(2) and 23(2)). Additionally, the Authority must ensure that any person employed as a temporary or casual employee makes and subscribes an oath or affirmation of allegiance (sections 22a(3) and 23(3)). The Authority's power to enter land and take levels is extended to include temporary officers (section 5). The Act delineates specific offences and penalties for breaches of its provisions. While the Act does not explicitly state penalties for non-compliance with its terms, it outlines the jurisdiction and powers of the Commonwealth Court of Conciliation and Arbitration (the Court) in settling industrial disputes and determining industrial matters (section 24c). The Court can make orders and awards, and the provisions of the Conciliation and Arbitration Act 1904–1951 apply to these judgments, orders, and awards (sections 24j(1)–(4)). The Court can also give interpretations of its orders or awards (section 24d). The Act limits the jurisdiction of certain industrial authorities, such as the Public Service Arbitrator and Conciliation Commissioner, in relation to the salaries, wages, and other terms or conditions of service or employment of employees (section 24f). The Act also outlines the consequences of breaches concerning the employment of temporary officers and employees. It stipulates that temporary officers and employees must adhere to the conditions set by the Authority, including the requirement to make and subscribe an oath or affirmation of allegiance. Failure to comply with these conditions may result in disqualification from employment. Furthermore, the Court’s power to make orders and awards in relation to industrial disputes provides a legal recourse for addressing any breaches of the Act’s provisions.

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Employment & Labour Law
Industrial Law
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Act
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Reporting & Disclosure Obligations
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.