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

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

(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: