Snowy Mountains Hydro-electric Power Act 1952

Legislation au C1952A00035 Not in force Act

Legislation content

SNOWY MOUNTAINS HYDRO-ELECTRIC POWER.

 

No. 35 of 1952.

An Act to amend the Snowy Mountains Hydro-electric Power Act 1949–1951.

[Assented to 17th June, 1952.]

BE it enacted by the Queen’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 1952.


(2.) The Snowy Mountains Hydro-electric Power Act 1949–1951 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 1949–1952.

Commencement.

2. This Act shall come into operation on a date to be fixed by Proclamation.

Definitions.

3. Section twenty-four a of the Principal Act is amended—

(a) by inserting after the definition of “sub-contractor with the Authority” the following definition:—

“‘the Chief Judge’ means the Chief Judge of the Court and includes a Judge of the Court acting as Chief Judge by virtue of section twenty of the Conciliation and Arbitration Act 1904–1952;”; and

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

“‘the Full Court’ means the Court constituted by not less than three Judges;”.

Jurisdiction of Court.

4. Section twenty-four b of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(2.) Where the hearing of a dispute or matter has been commenced before a Judge exercising the powers of the Court under this Part, another Judge may complete the hearing and determine the dispute or matter and for that purpose shall have regard to the evidence given and arguments adduced before the first-mentioned Judge.”.

5. After section twenty-four c of the Principal Act the following sections are inserted:—

Reference of industrial questions to the Full Court.

“24ca.—(1.) In this section; ‘industrial question’ means—

(a) a dispute in relation to the salaries, wages, rates of pay or other terms or conditions of service or employment of employees;

(b) such a dispute so far as it relates to a matter in dispute;

(c) a matter submitted to the Court relating to the salaries, wages, rates of pay or other terms or conditions of service or employment of employees; and

(d) a question arising in relation to such a matter.

“(2.) Upon application by a party to proceedings before him in relation to an industrial question, a Judge exercising the powers of the Court under this Part may, if he is of opinion that the industrial question is of such importance that the industrial question should, in the public interest, be dealt with by the Full Court and, if that Judge is not the Chief Judge, with the concurrence of the Chief Judge, refer the industrial question to the Full Court.


“(3.) An appeal lies to the Chief Judge from a refusal of a Judge (not being the Chief Judge) to grant an application under the last preceding sub-section.

“(4.) An appeal under the last preceding sub-section shall be instituted within fourteen days after the date of the refusal of the Judge.

“(5.) The Chief Judge may hear the appeal and, if he is of opinion that the industrial question is of such importance that the industrial question should, in the public interest, be dealt with by the Pull Court, shall refer the industrial question to the Full Court.

Hearing by the Full Court.

“24cb.—(1.) Subject to the next succeeding sub-section, the Full Court shall hear and determine an industrial question which has been referred to it under the last preceding section and for that purpose may make such order or award as might have been made by a Judge exercising the powers of the Court under this Part.

“(2.) Where an industrial question, being a dispute relating to the salaries, wages, rates of pay or other terms or conditions of service or employment of employees, has been referred to the Full Court under the last preceding section, the Full Court may refer the industrial question, so far as it relates to a matter in dispute, back to a Judge exercising the powers of the Court under this Part, who shall hear and determine the industrial question so far as it relates to that matter.

“(3.) Where an industrial question, being a matter relating to the salaries, wages, rates of pay or other terms or conditions of service or employment of employees, has been referred to the Full Court under the last preceding section, the Full Court may refer a question arising in relation to that matter back to a Judge exercising the powers of the Court under this Part, who shall hear and determine the industrial question so far as it relates to that question.

“(4.) The Full Court shall hear and determine the industrial question so far as it relates to matters and questions not referred back to a Judge exercising the powers of the Court under this Part.

Appeals to the Court.

“24cc.—(1.) Upon application by a person aggrieved by an order or award made by a Judge exercising the powers of the Court under this Part, the Chief Judge may grant leave to that person to appeal against the order or award and may, on such terms and conditions as he thinks fit, make an order that the operation of the whole or a part of the order or award be stayed pending the determination of the appeal or until further order of the Chief Judge.

“(2.) An application under the last preceding sub-section for leave to appeal shall be made within fourteen days after the date of the order or award.

“(3.) Leave to appeal shall not be granted under sub-section (1.) of this section unless, in the opinion of the Chief Judge, the order or award deals with a matter of such importance that leave to appeal should, in the public interest, be granted.


“(4.) The Full Court shall hear and determine an appeal with respect to which leave has been granted under this section.

“(5.) Upon the hearing of an appeal under this section, the Full Court may admit further evidence and shall—

(a) confirm, quash or vary the order or award under appeal; or

(b) make an order or award dealing with the subject-matter of the order or award under appeal.”.

Standard hours, basic wage, &c.

6. Section twenty-four e of the Principal Act is repealed.

Reference to Full Court.

7. Section twenty-four g of the Principal Act is amended—

(a) by omitting the words “Court constituted by not less than three Judges” (wherever occurring) and inserting in their stead the words “Full Court”; and

(b) by omitting the words “Court so constituted” (wherever occurring) and inserting in their stead the words “Full Court”.

Powers of the Court.

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

(a) by omitting the word “industrial” (first occurring); and

(b) by adding at the end thereof the following sub-section:—

“(2.) The Court also has, in relation to disputes referred to in section twenty-four c of this Act, the powers, duties and functions which a Conciliation Commissioner has under sections fourteen and fifteen of the Conciliation and Arbitration Act 1904–1952.”.

9. After section twenty-four j of the Principal Act the following section is inserted in Part IVa.:—

Commencement of orders and awards.

“24k. An order or award made by a Judge exercising the powers of the Court under this Part shall not, unless the order or award otherwise provides, have effect until after the expiration of twenty-one days from the date of the order or award.”.

 

Overview

The Snowy Mountains Hydro-electric Power Act 1952 was enacted by the Parliament of the Commonwealth of Australia to amend the Snowy Mountains Hydro-electric Power Act 1949–1951. This Act was introduced to address the need for a more efficient and effective system of dispute resolution related to industrial matters within the Snowy Mountains Hydro-electric Power Scheme. The policy objective of this amendment was to ensure that significant industrial issues are appropriately escalated to the Full Court for determination, thereby enhancing the public interest in industrial matters associated with the scheme. The Act also introduced provisions to streamline the process of referrals and appeals, providing a structured pathway for handling industrial disputes, ultimately aimed at maintaining industrial harmony and efficiency within the scheme.

Scope and Application

The Snowy Mountains Hydro-electric Power Act 1949–1952, as amended by the Snowy Mountains Hydro-electric Power Act 1952, primarily applies to the Snowy Mountains Hydro-electric Power Authority and its operations, including the management and resolution of industrial disputes related to the employees engaged in the construction and operation of the Snowy Mountains Hydro-electric Scheme. The Act grants specific powers to the Court to hear and determine such disputes, with the ability to refer significant matters to the Full Court for adjudication. The Chief Judge and the Full Court are empowered to complete hearings, refer disputes to the Full Court, and hear appeals against decisions made by individual judges. This jurisdictional reach is confined to the industrial relations matters arising within the scope of the Snowy Mountains Hydro-electric Power Authority's activities. The Act also specifies procedural requirements, such as the timing for appeals and the commencement of orders and awards, thereby establishing a structured framework for the resolution of industrial disputes within the hydro-electric power industry.

Key Provisions

The Snowy Mountains Hydro-electric Power Act 1952 introduces amendments to the Snowy Mountains Hydro-electric Power Act 1949–1951, primarily focusing on the jurisdiction and powers of the Court in handling industrial disputes. Section 24ca (1) defines an 'industrial question' as a dispute relating to the salaries, wages, rates of pay, or other terms or conditions of service or employment of employees, or a matter submitted to the Court regarding these issues. Section 24ca (2) allows a Judge to refer an industrial question to the Full Court if deemed of public importance. An appeal against the refusal to refer such a matter can be made to the Chief Judge within fourteen days (Section 24ca (3) and (4)). The Full Court is empowered to hear and determine such referred industrial questions, potentially referring parts of the dispute back to a single Judge for resolution (Section 24cb (1) to (4)). Appeals against orders or awards made by a Judge can be lodged with the Chief Judge, who may grant leave to appeal if the matter is of significant public importance (Section 24cc (1) to (5)). Additionally, the Act specifies that any order or award by a Judge does not take effect until twenty-one days after the date of the order or award, unless otherwise stated (Section 24k). The Act imposes obligations on the Judges and the Court to manage industrial disputes effectively. Judges are required to assess the importance of disputes and refer them to the Full Court when necessary. The Full Court, in turn, must hear and determine referred industrial questions, potentially delegating parts of the dispute back to a single Judge. The Chief Judge is responsible for granting leave to appeal and must consider the public importance of the matter. Furthermore, the Act requires that any order or award by a Judge does not take immediate effect but must wait for twenty-one days unless otherwise specified, providing a window for review and potential appeal. Breach of the provisions outlined in this Act may lead to various consequences. While the Act does not explicitly detail offences, penalties, or specific civil or criminal consequences for breaches, it is likely that failure to adhere to the mandated procedures for handling industrial disputes could result in judicial review or appeals, potentially leading to the quashing or variation of orders or awards by the Full Court. Additionally, any non-compliance with the twenty-one-day delay before an order or award takes effect could be subject to legal challenge, with the Full Court having the authority to address such issues. The Act's focus on ensuring that significant industrial disputes are appropriately referred and heard by the Full Court underscores the importance of following the prescribed legal processes.

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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.