Snowy Mountains Engineering Corporation Limited Sale Act 1993

9 Interpretation

Unless the contrary intention appears, expressions used in this Division that are also used in the Long Service Leave Act have the same respective meanings as in that Act.

In this Division:

combined service period means the total of: the period that is, immediately before the sale day, the employee’s period of service for the purposes of the Long Service Leave Act; and the period starting on the sale day during which the employee continues to be an employee of SMEC.

the period that is, immediately before the sale day, the employee’s period of service for the purposes of the Long Service Leave Act; and

the period starting on the sale day during which the employee continues to be an employee of SMEC.

employee includes a person employed in a full-time or a part-time capacity.

law means:

a law of the Commonwealth or of a State or Territory; or

regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.

post-sale long service leave rights 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 sale day.

10 Long service leave for employees with less than 10 years service

This section provides that, in certain circumstances, SMEC may grant long service leave to an employee whose period of service for the purposes of the Long Service Leave Act was less than 10 years.

This section applies in relation to a person who was an employee of SMEC immediately before the sale day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.

This section does not apply in relation to an employee who stops being an employee of SMEC by dying. Section 12 covers those employees.

If, from and after the sale day, the employee continues to be employed by SMEC until his or her combined service period is at least 10 years, SMEC may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 13(1).

If:

the employee is to stop being an employee of SMEC on or after reaching the minimum retiring age, or because of retrenchment; and

the employee’s combined service period at the time when he or she is to stop being an employee of SMEC is at least one year;

SMEC may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subsection 13(1).

If a period of long service leave may be granted to an employee under subsection (4) or (5), SMEC may, if the employee asks in writing, grant the employee long service leave on half salary for a period not exceeding twice that first-mentioned period.

Long service leave granted in the circumstances set out in subsection (5) is to be taken so as to end immediately before the employee stops being an employee.

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:

that section applied to the employee; and

(b) for the expression “ Snowy Mountains Engineering Corporation Limited Act 1993”.section 16 or 17” in that section there were substituted the expression “section 10 of the

11 Payments in lieu of long service leave for employees with less than 10 years service

This section provides that, in certain circumstances, SMEC must pay an amount in respect of long service leave to an employee who has not used all of his or her long service leave credit by taking long service leave under section 10.

This section applies in relation to a person who was an employee of SMEC immediately before the sale day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.

This section does not apply in relation to an employee who stops being an employee of SMEC by dying. Section 12 covers those employees.

Subject to subsection (7), if the employee stops being an employee of SMEC on or after the day on which his or her combined service period reache0 years, SMEC must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 13(2).

Subject to subsection (7), if:

the employee stops being an employee of SMEC, on or after reaching the minimum retiring age, or because of retrenchment; and

at that time, the employee’s combined service period is at least one year;

SMEC must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 13(2).

Subject to subsection (7), if:

the employee stops being an employee of SMEC; and

SMEC is satisfied that the employee left SMEC because of ill health that justified his or her so leaving; and

when the employee left, his or her combined service period was at least one year;

SMEC must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 13(2).

An employee may, by written notice given to SMEC before the employee stops being an employee of SMEC:

ask SMEC not to make a payment to the employee under this section; or

ask SMEC to make a payment under subsection (4), (5) or (6) of a specified amount that is less than the amount that would otherwise be payable under that subsection.

SMEC must comply with a request made under subsection (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 21 of the Long Service Leave Act if:

that section applied to the employee; and

(b) for the expression “sections 16 and 17” in that section there were substituted the expression “ Snowy Mountains Engineering Corporation Limited Act 1993”.section 11 of the

12 Payments on the death of an employee

This section applies in relation to a person who was an employee of SMEC immediately before the sale day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.

If:

on or after the sale day, the employee dies; and

immediately before his or her death, the employee was an employee of SMEC; and

immediately before his or her death, the employee’s combined service period was at least one year; and

immediately before his or her death, the employee had one or more dependants;

SMEC must make a payment to a dependant or to 2 or more dependants of the employee.

The total amount of the payment or payments is the amount that would have been payable to the employee under section 11 if, on the day of his or her death, the employee had instead stopped being an employee of SMEC on or after reaching the minimum retiring age.

If subsection (2) applies, section 23 of the Long Service Leave Act has effect as if:

that section applied to an employee of SMEC; and

a reference in that section to the approving authority were a reference to SMEC; and

the section were further modified as set out in the following table:

TABLE

13 Employee’s long service leave credit for the purposes of sections 10 and 11

For the purposes of section 10, an employee’s long service leave credit is equal to the long service leave credit that the employee would have had under the Long Service Leave Act for the period:

starting when the employee started his or her period of service; and

ending on the sale day;

if the employee had been retrenched on the sale day.

For the purposes of section 11, an employee’s long service leave credit is the employee’s long service leave credit worked out under subsection (1), reduced by any long service leave credits used under section 10.

14 Division not to affect an employee’s post-sale long service leave rights

To avoid doubt, it is declared that this Division does not affect an employee’s post-sale long service leave rights.

15 Saving—Long Service Leave Act

If, immediately before the sale day, the period of service under the Long Service Leave Act of an employee of SMEC was at least 10 years, then:

despite the amendment of the Long Service Leave (Commonwealth Employees) Regulations by this Act, the employee’s accrued rights under that Act continue; and

that Act has effect after the sale day as if SMEC were the approving authority in relation to the employee for the purposes of that Act.

16 Interpretation

Unless the contrary intention appears, expressions used in this Division that are also used in the SRC Act have the same respective meanings as in that Act.

17 Continued application of SRC Act

If SMEC stops being a Commonwealth authority for the purposes of the SRC Act, the SRC Act continues to apply in relation to SMEC to the extent, and in the manner, set out in this Division.

18 Transitional provisions relating to the SRC Act that relate to SMEC employees and former SMEC employees

The SRC Act continues to apply on and after the sale day in relation to:

injuries suffered by employees of SMEC before the sale day; and

loss of, or damage to, property incurred by employees of SMEC before the sale day;

including employees who had stopped being employees of SMEC before the sale day.

For the purposes of subsection (1), the SRC Act continues to apply as if:

SMEC continues to be a Commonwealth authority; and

the chief executive officer of SMEC (however described) continues to be the principal officer of a Commonwealth authority.

19 Transitional provisions relating to Division 4A of Part VII of the SRC Act

On and after the sale day, Division 4A of Part VII of the SRC Act applies to SMEC as if:

SMEC continues to be a Commonwealth authority; and

SMEC is not required to pay a premium under that Division in respect of that part of a financial year which occurs after the sale day; and

the following word and paragraph were added at the end of subsection 96H(1):

“; or (f) in the case of an authority—the authority is not required to pay a premium under this Division in respect of part of a financial year.”.

If, 60 days after the sale day, an amount of premium payable by SMEC to Comcare in respect of a period before the sale day remains unpaid, the amount is a debt due to the Commonwealth and payable to Comcare.

20 Transitional provision relating to section 128A of the SRC Act

On and after the sale day, section 128A of the SRC Act continues to apply to SMEC as if SMEC continues to be a prescribed Commonwealth authority for the purposes of that section.

21 Notification of amount of salary etc. paid to employees of SMEC

The chief executive officer (however described) of SMEC must notify the Commission, within 28 days after the sale day, of the amount of salary, wages or pay paid to employees of SMEC in the period starting on 1 July in the financial year in which the sale day occurs and ending on the day before the sale day.

22 Amendment of declarations under the SRC Act

(1) A notice published in the Gazette before the sale day that declares SMEC to be a body corporate to which the SRC Act applies for the purposes of paragraph (c) of the definition of Commonwealth authority in subsection 4(1) of the SRC Act has effect from and including the sale day as if it did not contain a reference to SMEC.

Subsection (1) does not prevent the declaration, as affected by that subsection, being amended or revoked by the Minister.

23 Saving—deferred benefits under the Superannuation Act 1922

(1) This section applies if, immediately before the sale day, an employee of a SMEC body was a person to whom deferred benefits were applicable under Superannuation Act 1922.section 119W of the

(2) For the purposes of Superannuation Act 1922, the employee is taken to continue in public employment on and after the sale day while the employee continues to be employed by a SMEC body.Division 3 of Part XA of the

(3) This section is subject to Superannuation Act 1922.Division 3 of Part XA of the

24 Saving—deferred benefits under the Superannuation Act 1976

(1) This section applies if, immediately before the sale day, an employee of a SMEC body was a person to whom deferred benefits were applicable under Superannuation Act 1976.section 139 of the

(2) For the purposes of Superannuation Act 1976, an employee is taken to continue in public employment on and after the sale day while the employee continues to be employed by a SMEC body.Division 3 of Part IX of the

(3) This section is subject to Superannuation Act 1976.Division 3 of Part IX of the

25 Saving—period of eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976

(1) This section applies if, immediately before the sale day, a period of employment of a person by a SMEC body was a period of eligible employment for the purposes of Superannuation Act 1976.Division 3 of Part IX of the

(2) Despite employment by a SMEC body having stopped being eligible employment for the purposes of Superannuation Act 1976, the period of employment continues to be a period of eligible employment for the purposes of that Division.Division 3 of Part IX of the

26 Saving—deferred benefits under the DFRDB Act

This section applies if, immediately before the sale day, an employee of a SMEC body was a person to whom deferred benefits were applicable under section 78 of the DFRDB Act.

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 sale day while the employee continues to be employed by a SMEC body.

This section is subject to Division 3 of Part IX of the DFRDB Act.

27 Saving—period of eligible employment for the purposes of Division 3 of Part IX of the DFRDB Act

This section applies if, immediately before the sale day, a period of employment of a person by a SMEC body was a period of eligible employment for the purposes of Division 3 of Part IX of the DFRDB Act.

Despite employment by a SMEC body having stopped being 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.

28 Application—Superannuation Act 1922

On and after the sale day, Superannuation Act 1922 does not apply in relation to SMEC.section 145 of the

29 Application—Superannuation Act 1976

On and after the sale day, SMEC is not an approved authority for the purposes of the Superannuation Act 1976.

30 Application—Superannuation Act 1990

On and after the sale day, SMEC is not an approved authority for the purposes of the Superannuation Act 1990.

31 Transitional maternity leave provisions relating to employees of SMEC who are not on maternity leave immediately before the sale day

This section applies if:

immediately before the sale day, a person was a female employee of SMEC; and

within 12 months after the sale day, the person would have been entitled to begin leave granted under the Maternity Leave Act if SMEC had continued to be a prescribed authority for the purposes of that Act.

On and after the sale day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which she would have been entitled to leave as if SMEC continued to be a prescribed authority for the purposes of that Act.

32 Transitional maternity leave provisions relating to employees of SMEC who are on maternity leave on or before the sale day

This section applies if:

immediately before the sale day, a person was a female employee of SMEC; and

on the sale day, the person is on leave granted under the Maternity Leave Act.

On and after the sale day, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which the leave was granted as if SMEC continued to be a prescribed authority for the purposes of that Act.

33 Saving—Crimes (Superannuation Benefits) Act 1989

(1) Subject to subsection (2), if a person who was an employee of SMEC before the sale day committed a corruption offence while such an employee, then, on and after the sale day, the Crimes (Superannuation Benefits) Act 1989 continues to apply in relation to the person in respect of the offence as if SMEC continued to be a Commonwealth authority.

(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 SMEC after the sale day.

(3) A superannuation scheme in relation to which employer contributions or benefits are paid or payable by SMEC 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 sale day.

(4) Despite paragraph 19(3)(d) of the Crimes (Superannuation Benefits) Act 1989, an order under that paragraph may only specify that an amount paid to the Commonwealth before the sale day by or on behalf of SMEC, belongs to the Commonwealth.

If:

a person who was an employee of SMEC before the sale day committed a corruption offence while such an employee; and

the person was paid benefits before, on or after the sale day out of the Consolidated Revenue Fund;

then, despite paragraph 19(4)(b) of the Crimes (Superannuation Benefits) Act 1989, an order under that paragraph may only specify that an amount equal to the total benefits paid out of the Consolidated Revenue Fund be paid to the Commonwealth.

(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 respective meanings as in that Act.

34 Saving—DPP Act

Despite the DPP Act ceasing to apply to certain acts, omissions or proceedings in connection with SMEC because SMEC stops being an authority of the Commonwealth for the purposes of that Act, that Act continues to apply in relation to:

acts or omissions that occurred before the sale day; and

the taking of civil remedies connected with or arising out of a prosecution that relates to acts or omissions referred to in paragraph (a).

In this section:

DPP Act means the Director of Public Prosecutions Act 1983.

35 Saving—Judiciary Act 1903

(1) Despite Judiciary Act 1903 continues to apply in relation to:section 36 of this Act, section 55E of the

any proceedings to which SMEC is a party that were started before the sale day; and

any matter that an authorised person, by signed writing, certifies is a matter in relation to which SMEC gave written instructions before the sale day to the Australian Government Solicitor;

as if SMEC were a body established under an Act.

A document purporting to be a certificate under subsection (1) is, unless the contrary is established, to be taken to be such a certificate.

In this section:

authorised person means:

the Secretary of the Attorney-General’s Department; or

an SES employee, or acting SES employee, in that Department.