Federal Register of Legislation - Australian Government

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Act No. 39 of 1970 as amended, taking into account amendments up to Act No. 216 of 1973
Registered 07 Dec 2009
Start Date 31 Dec 1973
End Date 11 Jun 1978
Date of repeal 25 Mar 2015
Repealed by Statute Law Revision Act (No. 1) 2015

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970
- Reprinted as at 19 December 1973 (HISTACT2 CHAP 373 #DATE 19:12:1973)

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - TABLE OF PROVISIONS

TABLE


SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973

TABLE OF PROVISIONS

PART I-PRELIMINARY
Section
1. Short title
2. Commencement
3. (Repealed)
4. Definitions
5. Extension to Territories

PART II-THE SNOWY MOUNTAINS ENGINEERING CORPORATION

6. Establishment of Corporation
7. The Director
8. Assistant Directors
9. Tenure of office of Director and Assistant Directors
10. Salaries and allowances
11. Leave of absence
12. Termination of appointment
13. Acting Director
14. Vacation of office
15. Certain persons holding office under Snowy Mountains Hydro-electric
Power Act may be appointed to certain offices under this Act
16. Consultative Committee

PART III-FUNCTIONS AND POWERS OF THE CORPORATION

17. Functions of the Corporation
18. Powers of the Corporation

PART IV-STAFF

19. Officers and employees
20. Transfers from the Authority
21. Terms and conditions of employment
22. Arrangements with Authority for performance of work and services
23. Limitation on staff

PART V-FINANCES

24. Financial policy of Corporation
25. Capital of the Corporation
26. Payments to Commonwealth
27. Borrowing by Corporation
28. Bank accounts
29. Application of moneys
30. Transfer of reserve for future or contingent liabilities
31. Proper accounts to be kept
32. Power to purchase and dispose of assets
33. Audit
34. Liability to taxation

PART VI-MISCELLANEOUS

35. Reports to Minister
36. Annual report of Corporation
37. Preservation of rights
38. (Repealed)
39. Application of Superannuation Act
40. Regulations

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - SECT. 1.
Short title.

SECT

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973
An Act to establish a Snowy Mountains Engineering Corporation and for purposes connected therewith.

PART I-PRELIMINARY
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Snowy Mountains Engineering Corporation Act 1970-1973.*

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - SECT. 2.
Commencement.

SECT

2. This Act shall come into operation on the day on which it receives the Royal Assent.*
Section 3 repealed by No. 216, 1973, s. 3.
* * * * * * * *

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - SECT. 4.
Definitions.

SECT

Amended by No. 216, 1973, s. 3.
4. In this Act, unless the contrary intention appears-

''Acting Director'' means a person appointed under section 13 of this Act;

''approved bank'' means the Reserve Bank of Australia or a bank approved by the Treasurer for the purpose of the provision in which the expression occurs;

''Assistant Director'' means a person holding an office of Assistant Director under this Act;

''Australia'' includes the Territories;

''employee'' means a person engaged under section 19 of this Act, and includes a person who becomes an employee by reason of sub-section (4) of section 20 of this Act;

''engineering work'' includes a continuation, completion, repair, alteration, re-construction or extension of an engineering work and also includes a proposed engineering work and a proposed continuation, completion, repair, alteration, re-construction or extension of an engineering work;

''officer'' means a person appointed under section 19 of this Act, and includes a person who becomes an officer by reason of subsection (4) of section 20 of this Act;

''the Authority'' means the Snowy Mountains Hydro-electric Authority;

''the Corporation'' means the Snowy Mountains Engineering Corporation;

''the Director'' means the person holding the office of Director under this Act.

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - SECT. 5.
Extension to Territories.

SECT

5. This Act extends to all the Territories.

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - SECT. 6.
Establishment of Corporation.

SECT

PART II-THE SNOWY MOUNTAINS ENGINEERING CORPORATION
6. (1) There is hereby established a body under the name ''Snowy Mountains Engineering Corporation''.

(2) The Corporation-

(a) is a corporation sole with perpetual succession and an official seal; and

(b) is capable, in its corporate name and in Australia or elsewhere, of acquiring, holding and disposing of real and personal property and of suing and being sued.

(3) All courts, judges and persons acting judicially shall take judicial notice of the official seal of the Corporation affixed to a document and shall presume that it was duly affixed.

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - SECT. 7.
The Director.

SECT

7. The Corporation shall be constituted by a Director, who shall be appointed by the Governor-General.

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - SECT. 8.
Assistant Directors.

SECT

8. (1) The Director shall be assisted by two Assistant Directors, each of whom shall be appointed by the Governor-General.

(2) An Assistant Director shall-

(a) give such advice and assistance to the Director as the Director requires; and

(b) perform such duties as the Director determines.

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - SECT. 9.
Tenure of office of Director and Assistant Directors.

SECT

9. (1) Subject to this Act, a person appointed as the Director or as an Assistant Director holds office for such period, not exceeding seven years, as is specified in the instrument of his appointment but is eligible for re-appointment.

(2) A person who has attained the age of sixty-five years shall not be appointed or re-appointed as the Director or as an Assistant Director.

(3) A person shall not be appointed or re-appointed as the Director or as an Assistant Director for a period that extends beyond the date on which he will attain the age of sixty-five years.

(4) The Director or an Assistant Director may resign his office by writing under his hand addressed to the Governor-General, but the resignation does not have effect until accepted by the Governor-General.

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - SECT. 10.
Salaries and allowances.

SECT

Sub-section (1) substituted by No. 125, 1970, s. 3; amended by No. 22, 1971, s. 3.
10. (1) Subject to this Act-

(a) the Director shall be paid salary at such rate, and an annual allowance (if any) at such rate, as the Parliament provides; and

(b) each Assistant Director shall be paid salary at the rate of Sixteen thousand five hundred and twenty-eight dollars a year.*

(2) The Director and each Assistant Director shall be paid such other allowances as are prescribed.

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - SECT. 11.
Leave of absence.

SECT

11. The Minister may grant leave of absence to the Director or to an Assistant Director upon such terms and conditions as to payment of salary or otherwise as the Minister determines.

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - SECT. 12.
Termination of appointment.

SECT

12. The Governor-General may terminate the appointment of the Director or of an Assistant Director for misbehaviour or physical or mental incapacity.

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - SECT. 13.
Acting Director.

SECT

13. (1) Where-
(a) there is a vacancy in the office of Director, whether or not an appointment has previously been made to the office; or

(b) the Director is, or is about to be, absent from Australia or, for any reason, unable to perform the functions of his office,
the Governor-General may appoint a person who has not attained the age of sixty-five years to act as the Director until the filling of the vacancy or during the absence or inability.

(2) The Governor-General may-

(a) subject to this Act, determine the terms and conditions of appointment of an Acting Director; and

(b) at any time, terminate such an appointment.

(3) The appointment of an Acting Director made in anticipation of the absence or inability of the Director has effect from and including the day on which the absence or inability commences.

(4) The appointment of an Acting Director remains in force until-

(a) the appointment is terminated under sub-section (2) of this section;

(b) if the appointment was made by reason of there being a vacancy in the office of Director-the vacancy is filled;

(c) if the appointment was made by reason of, or in anticipation of, the absence or inability of the Director-the absence or inability ceases;

(d) he attains the age of sixty-five years; or

(e) he resigns the appointment by writing under his hand addressed to the Governor-General and the resignation is accepted by the Governor-General,
whichever first happens.

(5) While the appointment of an Acting Director remains in force, he has and may exercise all the powers and shall perform all the functions of the Director.

(6) The appointment of an Acting Director by reason of, or in anticipation of, the absence or inability of the Director does not prevent the exercise of a power or the performance of a function by the Director.

(7) The validity of an act done by a person appointed under this section shall not be questioned in any proceedings on the ground that the occasion for his appointment had not arisen or that the appointment had ceased to have effect.

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - SECT. 14.
Vacation of office.

SECT

14. Subject to the next succeeding section, if the Director or an Assistant Director-

(a) engages in any paid employment outside the duties of his office without the approval of the Minister;

(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his salary for their benefit;

(c) is absent from duty, except on leave granted by the Minister, for fourteen consecutive days or for twenty-eight days in any twelve months; or

(d) in any way, otherwise than as a member, and in common with the other members, of an incorporated company consisting of not less than twenty-five persons-

(i) becomes concerned or interested in a contract entered into by or on behalf of the Corporation; or

(ii) participates or claims to participate in the profit of such a contract or in any benefit or emolument arising from such a contract,
the Governor-General shall declare, by notice in the Gazette, that the appointment of the Director or Assistant Director has ceased to have effect, and thereupon the office shall be deemed to be vacant.

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - SECT. 15.
Certain persons holding office under Snowy Mountains Hydro-electric Power Act
may be appointed to certain offices under this Act.

SECT

Sub-section (1) amended by No. 216, 1973, s. 3.
15. (1) In this section-

''compensation'' means compensation in accordance with the Compensation (Australian Government Employees) Act 1971-1973;

''corresponding office'' means the office of Commissioner or Acting Commissioner, or an office of Associate Commissioner, under the Act;

''executive office'' means the office of Director, or an office of Assistant Director, under this Act, and includes the position of a person appointed under section 13 of the Act to act as the Director;

''the Act'' means the Snowy Mountains Hydro-electric Power Act 1949-1966.

(2) A person holding a corresponding office may be appointed to an executive office and, if he is so appointed-

(a) his holding of the corresponding office is not affected by reason of the appointment;

(b) his holding of the executive office is not affected by reason of his holding, or receiving salary or allowances as the holder of, the corresponding office;

(c) for the purposes of sub-sections (3A) and (4) of section 4 of the Superannuation Act 1922-1969, he shall not, while he holds both the executive office and the corresponding office, be deemed not to be required, by the terms of his appointment to the corresponding office, to give the whole of his time to the duties of the corresponding office by reason only of his holding the executive office;

(d) the period during which he holds both the executive office and the corresponding office shall not be reckoned as a period of service in the executive office except for the purpose of ascertaining the date of expiration of his period of appointment to the executive office;

(e) he shall not be paid salary under this Act in respect of the period during which he holds both the executive office and the corresponding office;

(f) the Corporation shall pay to the Authority-

(i) an amount equal to such proportion (if any) of the salary and allowances payable to him under the Act in respect of the period during which he holds both the executive office and the corresponding office; and

(ii) an amount equal to such proportion (if any) of any other costs or expenses incurred by the Authority in relation to him during that period,

as the Minister determines; and

(g) sections 37 and 39 of this Act do not apply to or in relation to him during the period during which he holds both the executive office and the corresponding office.

(3) Where a person referred to in the last preceding sub-section is injured and the Corporation and the Authority would, but for this sub-section, be liable to pay compensation to or in respect of that person in respect of the injury-

(a) that compensation shall not be paid by the Corporation but shall be paid by the Authority; and

(b) the Corporation shall pay to the Authority such portion of the amount of that compensation as is agreed between the Corporation and the Authority, or, in default of agreement within such period as the Minister allows, as is determined by the Minister.

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - SECT. 16.
Consultative Committee.

SECT

Sub-section (1) amended by No. 74, 1973, s. 3.
16. (1) For the purposes of this Act, there shall be a Consultative Committee, consisting of six members, namely:-

(a) four members appointed in relation to engineering works in Australia and elsewhere, of whom two shall be representative of the engineering profession; and

(b) two members appointed in relation to engineering works outside Australia, of whom one shall be representative of the Department of Foreign Affairs and one shall be representative of the Department of Overseas Trade.

(2) A member of the Consultative Committee-

(a) shall be appointed by the Minister; and

(b) holds office on such terms and conditions as the Minister determines.

(3) The manner in which the Consultative Committee shall conduct its business (including the manner in which it is to reach decisions) shall be as determined by the Minister in writing.

(4) The Minister may request the Consultative Committee to advise him whether a function of the Corporation under the next succeeding section should be exercised by the Corporation in respect of a particular engineering work and, if so, how that function should be exercised by the Corporation in respect of that work, and the Committee shall advise the Minister accordingly.

(5) Where a member of the Committee disagrees with the advice that the Committee proposes to furnish to the Minister on a matter, that member may furnish his separate advice to the Minister on that matter.

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - SECT. 17.
Functions of the Corporation.

SECT

PART III-FUNCTIONS AND POWERS OF THE CORPORATION
Sub-section (1) amended by No. 74, 1973, s. 4.
17. (1) Subject to this section, the functions of the Corporation are-

(a) the carrying out of investigations, and the furnishing of advice, in relation to water resources in Australia or elsewhere;

(b) the carrying out of investigations, and the furnishing of advice, in relation to-

(i) soils or rocks; or

(ii) materials used in the construction of engineering works,

in Australia or elsewhere;

(c) the carrying out of investigations, and the furnishing of advice, in relation to the sites, designs or construction of engineering works in Australia or elsewhere;

(d) the designing of engineering works in Australia or elsewhere;

(e) the supervision of contracts for the construction of engineering works in Australia or elsewhere, that is to say, the furnishing of advice, and the doing of other things, necessary for ensuring the proper performance by the contractors of their obligations under those contracts; and

(f) the construction of, or the performance of any work in relation to the construction of, engineering works in Australia or elsewhere,
either alone or in association with other persons.

(2) A function of the Corporation under the last preceding sub- section is exercisable-

(a) in or in relation to a Territory-in relation to any matter; and

(b) in any other case-in relation to any matter with respect to which the Parliament has power to make laws.
Amended by No. 74, 1973, s. 4.

(3) The Corporation shall not, in the exercise of its functions under sub-section (1) of this section, undertake, either alone or in association with other persons-

(a) the carrying out of an investigation;

(b) the furnishing of any advice;

(c) the designing of an engineering work;

(d) the supervision of a contract; or

(e) the construction of, or the performance of any work in relation to the construction of, an engineering work,
except with the approval of the Minister and in accordance with any conditions to which the approval is expressed to be subject.
Substituted by No. 74, 1973, s. 4.

(4) The Minister may, by writing under his hand, direct that sub-section (3) does not apply in relation to matters included in a particular class.
Sub-section (5) omitted by No. 74, 1973, s. 4.
* * * * * * * *
Amended by No. 74, 1973, s. 4.

(6) Notwithstanding sub-section (2) of this section, it is the intention of the Parliament that the Corporation may perform a function of any of the kinds specified in sub-section (1) of this section in pursuance of an authority conferred on the Corporation by a law of a State, but the provisions of sub-sections (3) and (4) of this section apply in relation to any such performance of a function by the Corporation.

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - SECT. 18.
Powers of the Corporation.

SECT

18. The Corporation has power to do, in Australia or elsewhere, all things necessary or convenient to be done for or in connexion with, or as incidental to, the performance of its functions under this Act, including the making of contracts providing for the performance of any of the functions of the Corporation in particular cases and the payments to be made to the Corporation in respect of the performance of those functions.

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - SECT. 19.

SECT

PART IV-STAFF
Officers and employees.
19. The Corporation may, in Australia or elsewhere, appoint as officers and engage as employees such persons as it thinks necessary for the purposes of this Act.

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - SECT. 20.
Transfers from the Authority.

SECT

20. (1) The Corporation and the Authority may make an arrangement with a person who is an officer, temporary officer or temporary employee of the Authority for or in relation to the transfer of that person to the employment of the Corporation as an officer or employee.

(2) An arrangement made with a person under this section has effect from and including the day specified for the purpose in the arrangement.

(3) On the day from and including which an arrangement made with a person under this section has effect, that person, by force of this sub-section-

(a) ceases to be an officer, temporary officer or temporary employee, as the case may be, of the Authority; and

(b) is, in accordance with the arrangement, transferred to the employment of the Corporation.

(4) Where a person is, by force of the last preceding sub-section, transferred to the employment of the Corporation in accordance with an arrangement made under this section-

(a) he becomes, for the purposes of this Act, an officer or employee, as the case may be;

(b) his service as an officer, temporary officer or temporary employee of the Authority during a continuous period immediately preceding the day on which he is so transferred shall, for the purposes of this Act, be taken into account as if it were service in the employment of the Corporation; and

(c) he preserves his eligibility for the grant of leave of absence for recreation or during illness that had accrued immediately before the day on which he is so transferred.

(5) Where a person is, by force of sub-section (3) of this section, transferred to the employment of the Corporation, the Corporation and the Authority may enter into an agreement providing for or in relation to the share that each shall bear of any amount that may become payable to or in respect of that person in respect of his entitlement to leave of absence for recreation or long service leave.

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - SECT. 21.
Terms and conditions of employment.

SECT

21. The terms and conditions of employment of officers and employees are such as are determined by the Corporation with the approval of the Public Service Board.

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - SECT. 22.
Arrangements with Authority for performance of work and services.

SECT

22. (1) The Corporation and the Authority may make an arrangement for or in relation to the performance of any work or services for the Corporation by an officer, temporary officer or temporary employee of the Authority.

(2) In particular, and without limiting the generality of the last preceding sub-section, an arrangement made under this section may make provision for or in relation to-

(a) the rate of payment to be made by the Corporation to the Authority for the work or services to be performed;

(b) any matters with respect to the performance of the work or services; and

(c) the shares that the Corporation and the Authority shall bear of any amount that may become payable under any law to or in relation to the officer, temporary officer or temporary employee of the Authority specified in the arrangement.

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - SECT. 23.
Limitation on staff.

SECT

23. (1) The Minister may, by instrument in writing, determine that the number of persons employed by the Corporation at any time shall not exceed the number specified in the instrument.

(2) While an instrument under the last preceding sub-section is in force, the Corporation shall not employ a particular person if the number of persons employed by the Corporation would, upon the employment of that person, exceed the number specified in the instrument.

(3) In this section, ''employ'', in relation to a person, means-

(a) appoint or engage the person under section 19 of this Act;

(b) make an arrangement with that person under section 20 of this Act; or

(c) make an arrangement under the last preceding section for or in relation to the performance of work or services by that person.

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - SECT. 24.
Financial policy of Corporation.

SECT

PART V-FINANCES
24. In the exercise of its functions the Corporation shall pursue a policy directed towards securing, in each financial year, revenue sufficient-

(a) to meet the expenditure of the Corporation properly chargeable to revenue of that year;

(b) to enable the Corporation to make provision for income tax; and

(c) to permit the payment to the Commonwealth of a reasonable return on the capital of the Corporation.

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - SECT. 25.
Capital of the Corporation.

SECT

25. (1) The Treasurer may make available to the Corporation, out of moneys appropriated by the Parliament for the purpose, such amounts as are, in the opinion of the Minister, required by the Corporation.

(2) The capital of the Corporation consists of the amounts made available by the Treasurer to the Corporation under the last preceding sub-section less any amounts of capital repaid by the Corporation to the Commonwealth.

(3) Interest is not payable to the Commonwealth on the capital of the Corporation.

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - SECT. 26.
Payments to Commonwealth.

SECT

26. (1) Where, in a financial year, the revenue of the Corporation is more than sufficient-

(a) to meet the expenditure of the Corporation properly chargeable to revenue of that year; and

(b) to enable the Corporation to make provision for income tax,
the Corporation shall pay to the Commonwealth, out of the surplus, such amount, if any, as the Minister, with the concurrence of the Treasurer, determines in relation to that year.

(2) The capital of the Corporation is repayable to the Commonwealth at such times and in such amounts as the Minister, with the concurrence of the Treasurer, determines.

(3) For the purposes of a determination under either of the last two preceding sub-sections, the Minister and the Treasurer shall have regard to any advice that the Corporation has furnished to the Minister in re- lation to its financial affairs.

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - SECT. 27.
Borrowing by Corporation.

SECT

Substituted by No. 74, 1973, s. 5.
27. (1) The Corporation may, with the approval of the Treasurer, borrow moneys from time to time in such amounts as the Minister certifies are, in his opinion, necessary for the exercise of its powers or the performance of its functions under this Act.

(2) The Treasurer may, on behalf of the Commonwealth, out of moneys appropriated by the Parliament for the purpose, lend to the Corporation, at such rate of interest and on such other terms and conditions as he determines, moneys that the Corporation is authorized to borrow under the last preceding sub-section.

(3) The Corporation may give security over the whole or any part of its assets for the repayment of amounts borrowed under this section and the payment of interest on amounts so borrowed.

(4) The Treasurer may, on behalf of the Commonwealth, guarantee the repayment by the Corporation of amounts borrowed under this section otherwise than from the Commonwealth and the payment of interest on amounts so borrowed.

(5) The Corporation shall not borrow moneys except in accordance with this section.

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - SECT. 28.
Bank accounts.

SECT

28. (1) The Corporation may open and maintain an account or accounts with an approved bank or approved banks and shall maintain at all times at least one such account.

(2) The Corporation shall pay all moneys of the Corporation into an account referred to in this section.

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - SECT. 29.
Application of moneys.

SECT

29. (1) Subject to the next succeeding sub-section, the moneys of the Corporation shall be applied by the Corporation-

(a) in payment or discharge of the expenses and other obligations of the Corporation and in making any other payment authorized or required by or under this Act to be made by the Corporation;

(b) in payment of the salaries and allowances of the Director and of the Assistant Directors and of any Acting Directors;

(c) in payment of the fees and allowances, if any, of members of the Consultative Committee appointed under section 16 of this Act; and

(d) in repayment of advances made to the Corporation by the Treasurer under this Act in accordance with the terms upon which those advances were made.

(2) Any moneys of the Corporation not immediately required for the purposes for which they are to be applied by virtue of the last preceding sub-section may be invested-

(a) on fixed deposit with an approved bank;

(b) in securities of the Commonwealth; or

(c) in any other manner determined by the Treasurer,
and this Act applies in relation to the income of the Corporation derived from the investment of any such moneys as it applies in relation to those moneys.

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - SECT. 30.
Transfer of reserve for future or contingent liabilities.

SECT

30. Where, in a financial year, the revenue of the Corporation is more than sufficient-

(a) to meet the expenditure of the Corporation properly chargeable to revenue of that year;

(b) to enable the Corporation to make provision for income tax; and

(c) to make payments to the Commonwealth in accordance with section 26 of this Act,
the Corporation shall transfer the amount of the surplus to a reserve for future or contingent liabilities.

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - SECT. 31.
Proper accounts to be kept.

SECT

31. The Corporation shall cause to be kept proper accounts and records of the transactions and affairs of the Corporation in accordance with the accounting principles generally applied in commercial practice and shall do all things necessary to ensure that all payments out of its moneys are correctly made and properly authorized and that adequate control is maintained over the assets of, or in the custody of, the Corporation and over the incurring of liabilities by the Corporation.

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - SECT. 32.
Power to purchase and dispose of assets.

SECT

Sub-section (1) amended by No. 74, 1973, s. 6.
32. (1) The Corporation shall not, without the approval of the Minister-

(a) acquire any property, right or privilege for a consideration exceeding in amount or value One hundred thousand dollars or, if a higher amount or value is prescribed, that higher amount or value;

(b) dispose of any property, right or privilege where the amount or value of the consideration for the disposal, or the value of the property, right or privilege, exceeds One hundred thousand dollars or, if a higher amount or value is so prescribed, that higher amount or value;

(c) enter into a lease of land for a period exceeding ten years; or

(d) enter into an agreement for the provision of services to the Corporation where the amount or value of the consideration for the provision of the services exceeds One hundred thousand dollars or, if a higher amount or value is prescribed, that higher amount or value.
Added by No. 74, 1973, s. 6.

(2) The taking on lease or the purchase of land or buildings required for the purposes of the Corporation shall be effected under the Lands Acquisition Act 1955-1966.

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - SECT. 33.
Audit.

SECT

33. (1) The Auditor-General shall inspect and audit the accounts and records of financial transactions of the Corporation and records relating to assets of, or in the custody of, the Corporation, and shall forthwith draw the attention of the Minister to any irregularity disclosed by the inspection and audit that is, in the opinion of the Auditor-General, of sufficient importance to justify his so doing.

(2) The Auditor-General may, at his discretion, dispense with all or any part of the detailed inspection and audit of any accounts or records referred to in the last preceding sub-section.

(3) The Auditor-General shall, at least once in each year, report to the Minister the results of the inspection and audit carried out under sub-section (1) of this section.

(4) The Auditor-General or an officer authorized by him is entitled at all reasonable times to full and free access to all accounts, records, documents and papers of the Corporation relating directly or indirectly to the receipt or payment of moneys by the Corporation or to the acquisition, receipt, custody or disposal of assets by the Corporation.

(5) The Auditor-General or an officer authorized by him may make copies of, or take extracts from, any such accounts, records, documents or papers.

(6) The Auditor-General or an officer authorized by him may require any person to furnish him with such information in the possession of the person or to which the person has access as the Auditor-General or authorized officer considers necessary for the purposes of the functions of the Auditor-General under this Act, and the person shall comply with the requirement.

(7) A person who contravenes the last preceding sub-section is guilty of an offence punishable, upon conviction, by a fine not exceeding Two hundred dollars.

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - SECT. 34.
Liability to taxation.

SECT

34. (1) The Corporation is subject to taxation under the laws of the Commonwealth and to such other taxation as the Minister specifies.

(2) The Corporation is not a public authority for the purposes of paragraph (d) of section 23 of the Income Tax Assessment Act 1936-1969.

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - SECT. 35.
Reports to Minister.

SECT

PART VI-MISCELLANEOUS
35. The Corporation shall-

(a) from time to time inform the Minister concerning the general conduct of its operations; and

(b) furnish to the Minister such information relating to those operations as the Minister requires.

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - SECT. 36.
Annual report of Corporation.

SECT

36. (1) The Corporation shall, as soon as practicable after each thirtieth day of June, prepare and furnish to the Minister a report of its operations during the year ended on that date, together with financial statements in respect of that year in such form as the Treasurer approves.

(2) Before furnishing the financial statements to the Minister, the Corporation shall submit them to the Auditor-General, who shall report to the Minister-

(a) whether the statements are based on proper accounts and records;

(b) whether the statements are in agreement with the accounts and records and show fairly the financial operations and the state of the affairs of the Corporation;

(c) whether the receipt, expenditure and investment of moneys, and the acquisition and disposal of assets, by the Corporation during the year have been in accordance with this Act; and

(d) as to such other matters arising out of the statements, or out of an inspection and audit under section 33 of this Act, as the Auditor-General considers should be reported to the Minister.

(3) The Minister shall lay the report and financial statements of the Corporation, together with the report of the Auditor-General, before each House of the Parliament within fifteen sitting days of that House after their receipt by the Minister.

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - SECT. 37.
Preservation of rights.

SECT

Amended by No. 216, 1973, s. 3.
37. Where, immediately before his appointment under this Act, the Director, an Assistant Director or an officer was an officer of the Public Service of the Commonwealth-

(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 Public Service of the Commonwealth.
Section 38 repealed by No. 216, 1973, s. 3.
* * * * * * * *

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - SECT. 39.
Application of Superannuation Act.

SECT

39. For the purposes of sub-sections (3A) and (4) of section 4 of the Superannuation Act 1922-1969, a person holding office as Director or Assistant Director shall be deemed to be required, by the terms of his appointment, to give the whole of his time to the duties of his office.

SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - SECT. 40.
Regulations.

SECT

40. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which, by this Act, are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act.
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SNOWY MOUNTAINS ENGINEERING CORPORATION ACT 1970-1973 - NOTES


NOTES
1. The Snowy Mountains Engineering Corporation Act 1970-1973 comprises the Snowy Mountains Engineering Corporation Act 1970 as amended by the other Acts specified in the following table:
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Number Date of
Act and year Date of
Assent commencement
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Snowy Mountains
Engineering Corporation
Act 1970 No. 39, 1970 24 June 1970 24 June 1970
Snowy Mountains
Engineering Corporation
Act (No. 2) 1970 No. 125, 1970 11 Nov 1970 11 Nov 1970
Salaries Act 1971 (a) No. 22, 1971 4 May 1971 14 Jan 1971
Snowy Mountains
Engineering Corporation
Act 1973 No. 74, 1973 18 June 1973 18 June 1973
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
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(a) The Salaries Act 1971 was repealed by section 7 of the Statute Law Revision Act 1973. That section provides that the repeal does not affect the operation of any amendment made by the repealed Act or any provision made by it for the citation of an Act as so amended.
2.-S. 10 (1)-By section 15 of, and Schedule 4 to, the Remuneration and Allowances Acts 1973, the rate per annum of the salary applicable to the office of Assistant Director of the Snowy Mountains Engineering Corporation is $19,148.