{"id":"C1949A00025","name":"Snowy Mountains Hydro-electric Power Act 1949","slug":"snowy-mountains-hydro-electric-power-act-1949","collection":"act","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"25 of 1949","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":4339,"registerId":"commonwealth-C1949A00025-current","compilationNumber":null,"startDate":"2026-03-30","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part I","sectionType":"part","heading":"Preliminary","content":"## Part I—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title [see Note 1]","content":"##### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the Snowy Mountains Hydro‑electric Power Act 1949.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement [see Note 1]","content":"##### 2 Commencement \\[see Note 1\\]\n\n  This Act shall come into operation on the day on which it receives the Royal Assent.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"##### 4 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Associate Commissioner means an Associate Commissioner holding office under this Act.\n\n> easement includes a licence or a right in the nature of an easement.\n\n> owner, in relation to any land, includes any person having an estate or interest in that land.\n\n> the Agreement means the agreement between the Commonwealth, the State of New South Wales and the State of Victoria a copy of which is set out in Schedule 1 and, except in section 5A, includes any agreement relating to the Guthega project entered into in accordance with clause 22 of the Agreement.\n\n> the Authority means the Snowy Mountains Hydro‑electric Authority.\n\n> the Commissioner means the Commissioner constituting the Authority.\n\n> the Supplemental Agreement means the agreement between the Commonwealth, the State of New South Wales and the State of Victoria a copy of which is set out in Schedule 2.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Act to bind States","content":"##### 5 Act to bind States\n\n  This Act shall bind the Crown in right of a State.","sortOrder":4},{"sectionNumber":"5A","sectionType":"section","heading":"Approval of Agreements","content":"##### 5A Approval of Agreements\n\n  (1) The Agreement is approved.\n  (2) The Supplemental Agreement is approved.","sortOrder":5},{"sectionNumber":"5B","sectionType":"section","heading":"Certain rights of South Australia not affected","content":"##### 5B Certain rights of South Australia not affected\n\n  Nothing in this Act shall be taken to affect the rights of the State of South Australia under the agreement a copy of which is set out in the Schedule to the Murray‑Darling Basin Act 1993.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"The Snowy Mountains Area","content":"##### 6 The Snowy Mountains Area\n\n  (1) For the purposes of this Act, the Snowy Mountains Area shall be an area or areas of land in the south‑eastern portion of the State of New South Wales and the north‑eastern portion of the State of Victoria defined in accordance with this section.\n  (2) The Governor‑General may, by proclamation, define the boundaries of the Snowy Mountains Area and may, from time to time, by Proclamation, vary the boundaries as so defined.\n  (3) A Proclamation under this section does not operate to vary the boundaries of the Snowy Mountains Area so as to include land which was not included in that Area on 6 November 1958 unless the variation is made with the prior approval of the Governor‑in‑Council of the State of New South Wales and the Governor‑in‑Council of the State of Victoria.\n  (4) Where a Proclamation under this section making a variation in the boundaries of the Snowy Mountains Area recites the prior approval of the Governor‑in‑Council of the State of New South Wales and the Governor‑in‑Council of the State of Victoria to that variation, the recital is evidence of the approvals so recited.","sortOrder":7},{"sectionNumber":"Part II","sectionType":"part","heading":"The Snowy Mountains Hydro‑electric Authority","content":"An Act relating to the Construction and Operation of Works for the Generation of Hydro‑electric Power in the Snowy Mountains Area\n\nPreamble\n\nWHEREAS additional supplies of electricity are required for the purposes of defence works and undertakings:\n\nAND WHEREAS the construction of further defence works and the establishment of further defence undertakings will require additional supplies of electricity:\n\nAND WHEREAS it is desirable that provision should be made now to enable increased supplies of electricity to be immediately available in time of war:\n\nAND WHEREAS the consumption of electricity in the Australian Capital Territory and, in particular, at the Seat of Government within that Territory, is increasing and is likely to continue to increase:\n\nAND WHEREAS it is desirable that the generation of electricity for the purposes referred to in this preamble should be undertaken in such an area and in such a manner as to be least likely to suffer interruption in time of war:\n\nAND WHEREAS, by reason of the foregoing, it is desirable that provision should be made now for the generation of electricity by means of hydro‑electric works in the Snowy Mountains Area:\n\nBE it therefore enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia as follows:\n\n  \n\n## Part I—Preliminary\n\n##### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the Snowy Mountains Hydro‑electric Power Act 1949.\n\n##### 2 Commencement \\[see Note 1\\]\n\n  This Act shall come into operation on the day on which it receives the Royal Assent.\n\n##### 4 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Associate Commissioner means an Associate Commissioner holding office under this Act.\n\n> easement includes a licence or a right in the nature of an easement.\n\n> owner, in relation to any land, includes any person having an estate or interest in that land.\n\n> the Agreement means the agreement between the Commonwealth, the State of New South Wales and the State of Victoria a copy of which is set out in Schedule 1 and, except in section 5A, includes any agreement relating to the Guthega project entered into in accordance with clause 22 of the Agreement.\n\n> the Authority means the Snowy Mountains Hydro‑electric Authority.\n\n> the Commissioner means the Commissioner constituting the Authority.\n\n> the Supplemental Agreement means the agreement between the Commonwealth, the State of New South Wales and the State of Victoria a copy of which is set out in Schedule 2.\n\n##### 5 Act to bind States\n\n  This Act shall bind the Crown in right of a State.\n\n##### 5A Approval of Agreements\n\n  (1) The Agreement is approved.\n  (2) The Supplemental Agreement is approved.\n\n##### 5B Certain rights of South Australia not affected\n\n  Nothing in this Act shall be taken to affect the rights of the State of South Australia under the agreement a copy of which is set out in the Schedule to the Murray‑Darling Basin Act 1993.\n\n##### 6 The Snowy Mountains Area\n\n  (1) For the purposes of this Act, the Snowy Mountains Area shall be an area or areas of land in the south‑eastern portion of the State of New South Wales and the north‑eastern portion of the State of Victoria defined in accordance with this section.\n  (2) The Governor‑General may, by proclamation, define the boundaries of the Snowy Mountains Area and may, from time to time, by Proclamation, vary the boundaries as so defined.\n  (3) A Proclamation under this section does not operate to vary the boundaries of the Snowy Mountains Area so as to include land which was not included in that Area on 6 November 1958 unless the variation is made with the prior approval of the Governor‑in‑Council of the State of New South Wales and the Governor‑in‑Council of the State of Victoria.\n  (4) Where a Proclamation under this section making a variation in the boundaries of the Snowy Mountains Area recites the prior approval of the Governor‑in‑Council of the State of New South Wales and the Governor‑in‑Council of the State of Victoria to that variation, the recital is evidence of the approvals so recited.\n\n  \n\n## Part II—The Snowy Mountains Hydro‑electric Authority\n\n##### 7 The Snowy Mountains Hydro‑electric Authority\n\n  (1) For the purposes of this Act, there shall be an Authority to be known as the Snowy Mountains Hydro‑electric Authority.\n  (2) The Authority shall be constituted by a Commissioner, shall be a corporation sole with perpetual succession and an official seal, may acquire, hold and dispose of real and personal property and shall be capable of suing and being sued in its corporate name.\n\n> Note: Subject to section 26, the Commonwealth Authorities and Companies Act 1997 applies to the Authority. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.\n\n  (3) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Authority affixed to any document and shall presume that it was duly affixed.\n  (4) The Commissioner shall be appointed by the Governor‑General.\n\n##### 8 Associate Commissioners\n\n  (1) The Governor‑General may appoint 1 or 2 Associate Commissioners to assist the Commissioner.\n  (2) An Associate Commissioner shall give such advice and assistance to the Commissioner as the Commissioner requires and shall perform such duties as the Commissioner directs.\n\n##### 9 Tenure of office\n\n  (1) The Commissioner and each Associate Commissioner:\n\n(a) shall be appointed for a period not exceeding 7 years; and\n\n(b) may be appointed on a full‑time basis or on a part‑time basis.\n\n  (3) Where the period of appointment of the Commissioner or an Associate Commissioner has expired he shall be eligible for re‑appointment.\n\n##### 10 Remuneration\n\n  (1) The Commissioner and each Associate Commissioner shall be paid such remuneration as is determined by the Remuneration Tribunal.\n  (2) The Commissioner and each Associate Commissioner shall be paid such allowances as are prescribed.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n##### 11 Leave of absence\n\n  (1) A full‑time Commissioner and a full‑time Associate Commissioner has such recreation leave entitlements as are determined by the Remuneration Tribunal.\n  (2) The Minister may:\n\n(a) grant a full‑time Commissioner and a full‑time Associate Commissioner leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines; and\n\n(b) grant a part‑time Commissioner and a part‑time Associate Commissioner leave to be absent from a meeting or meetings of the Authority.\n\n##### 11A Disclosure of Commissioner’s interests\n\n  If the Commissioner has a material personal interest in a matter that the Authority is considering or is about to consider, he or she must give written notice of the interest to the Minister.\n\n##### 12 Dismissal of Commissioner or Associate Commissioner\n\n  The Governor‑General may terminate the appointment of the Commissioner or of an Associate Commissioner for inability, inefficiency or misbehaviour.\n\n##### 13 Vacation of office\n\n  The office of the Commissioner or of an Associate Commissioner shall be vacated:\n\n(a) if, being a full‑time Commissioner or a full‑time Associate Commissioner, he engages in any paid employment outside the duties of his office;\n\n(b) if he 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;\n\n(c) if he resigns his office by writing under his hand addressed to the Governor‑General and the resignation has been accepted;\n\n(d) if, being a full‑time Commissioner or a full‑time Associate Commissioner, he is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n\n(e) if he, in any way, otherwise than as a member, and in common with the other members, of an incorporated company consisting of not less than 25 persons:\n\n(i) becomes concerned or interested in any contract or agreement entered into by or on behalf of the Authority; or\n\n(ii) participates or claims to participate in the profit of any such contract or agreement or in any benefit or emolument arising from any such contract or agreement; or\n\n(f) if the Commissioner contravenes section 11A without reasonable excuse.\n\n##### 14 Acting Commissioner and Acting Associate Commissioner\n\n  (1) The Minister may appoint a person to act in the office of the Commissioner or the office of an Associate Commissioner:\n\n(a) during a vacancy in the office; or\n\n(b) during any period, or during all periods, when the holder of the office is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office.\n\n  (1A) A person may be appointed under paragraph (1)(a) to act in an office for an indefinite period.\n  (2) An appointment of a person under subsection (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.\n  (3) The Minister may:\n\n(a) determine the terms and conditions of appointment, including remuneration and allowances, of a person acting in an office in accordance with subsection (1); and\n\n(b) terminate such an appointment at any time.\n\n  (4) Where a person is acting in an office in accordance with paragraph (1)(b) and that office becomes vacant while that person is so acting, then, subject to subsection (2), that person may continue so to act until the Minister otherwise directs or the vacancy is filled, whichever first happens.\n  (5) The appointment of a person under subsection (1) ceases to have effect if he resigns the appointment by writing signed by him and delivered to the Minister.\n  (6) While a person is acting in an office in accordance with subsection (1), he has and may exercise all the powers, and shall perform all the functions, of that office.\n  (7) The validity of anything done by a person purporting to act under subsection (1) shall not be called in question on the ground that the occasion for his appointment had not arisen, that there is a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had ceased.\n\n##### 15 Delegation\n\n  (1) The Authority may, in relation to any particular matter or class of matters, or to any particular place, by writing under its seal, delegate to an Associate Commissioner or an officer all or any of its powers under this Act (except this power of delegation), so that the delegated powers may be exercised by the delegate with respect to the matter or class of matters, or to the place, specified in the instrument of delegation.\n  (2) Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power by the Authority.\n\n  \n\n## Part III—Functions and powers of the Authority\n\n##### 16 Functions of the Authority\n\n  (1) The functions of the Authority are:\n\n(a) with the object of assisting to ensure that adequate supplies of electricity are available, in time of war as well as in time of peace, in the States of New South Wales and Victoria and in the Australian Capital Territory for purposes necessary or conducive to the defence of the Commonwealth and for other purposes of the Commonwealth, to provide hydro‑electric works in the Snowy Mountains Area for the generation of electricity; and\n\n(b) with the object specified in paragraph (a), and as incidental to its functions related to that object, to generate, or permit the generation of, electricity in the works of the Authority and to supply, or permit the supply of, electricity generated in those works:\n\n(i) to, or as directed by, the Commonwealth for purposes of the Commonwealth and for consumption in the Australian Capital Territory; and\n\n(ii) to The Electricity Commission of New South Wales and the State Electricity Commission of Victoria or to a corporation succeeding either of those Commissions.\n\n  (2) Except as otherwise directed by the Governor‑General, the Authority may have, perform or exercise a capacity, function, power, authority or duty conferred or imposed upon it by an Act of the Parliament of the State of New South Wales or the State of Victoria.\n  (3) The Authority shall comply in all respects with the provisions of the Agreement and of the Supplemental Agreement that are applicable to it.\n\n##### 17 General powers of the Authority\n\n  (1) For the purpose of performing its functions under section 16, the Authority shall have power to construct, maintain, operate, protect, manage and control works:\n\n(a) for the collection, diversion and storage of water in the Snowy Mountains Area;\n\n(b) for the generation of electricity in that area;\n\n(c) for the transmission of electricity generated by the Authority; and\n\n(d) incidental or related to the construction, maintenance, operation, protection, management or control of any works specified in the preceding paragraphs.\n\n  (2) The Authority shall have power to construct, maintain, operate, protect, manage and control works which, in the opinion of the Authority, are necessary or desirable for the purpose of preventing or mitigating injurious effects of any works referred to in subsection (1).\n\n##### 18 Particular powers of the Authority\n\n  The Authority shall have, in addition to the powers specifically conferred upon it by this Act, such other powers as are necessary or convenient for the performance of its functions under this Act, and, in particular, and without limiting the generality of the foregoing, shall have power:\n\n(a) to purchase land;\n\n(b) to take land on lease;\n\n(c) to take easements over land;\n\n(d) to sell or otherwise dispose of land vested in the Authority but not required for the purposes of the Authority;\n\n(e) to lease land vested in the Authority the use of which is not for the time being required by the Authority;\n\n(f) to release any easement over land;\n\n(g) to purchase or take on hire plant, machinery, equipment or other goods;\n\n(h) to dispose of plant, machinery, equipment or other goods owned by the Authority but not required by the Authority;\n\n(i) to provide transport, accommodation, provisions, medical treatment, hospital facilities and amenities for officers and employees of the Authority and their families; and\n\n(j) to do anything incidental to any of its powers.\n\n##### 19 Power to enter land and take levels etc.\n\n  The Commissioner, an Associate Commissioner, an officer or employee of the Authority, or any other person authorized by the Authority so to do, may, for the purposes of this Act, without any previous notice:\n\n(a) enter upon land (including land owned or occupied by the Crown in right of a State) for the purpose of inspecting the land;\n\n(b) make surveys, take levels, sink bores, dig pits and examine the soil; and\n\n(c) do any other thing necessary for ascertaining the suitability of the land for the purposes of the Authority.\n\n##### 20 Power to enter and occupy land\n\n  The Authority, or any person authorized by the Authority so to do, may, for the purposes of this Act:\n\n(a) after giving not less than 7 days’ notice in writing to the occupier of land (including land owned or occupied by the Crown in right of a State), enter upon and occupy that land;\n\n(b) on or from land so occupied:\n\n(i) construct, build or place any plant, machinery, equipment or goods;\n\n(ii) take sand, clay, stone, earth, gravel, timber, wood or other materials or things;\n\n(iii) make cuttings or excavations;\n\n(iv) deposit sand, clay, stone, earth, gravel, timber, wood or other materials or things;\n\n(v) erect workshops, sheds and other buildings;\n\n(vi) make roads; and\n\n(vii) manufacture and work materials of any kind; and\n\n(c) demolish, destroy or remove, on or from land so occupied, any plant, machinery, equipment, goods, workshop, shed, building or road.\n\n##### 21 Powers in respect of waters\n\n  The Authority may raise or lower the level of a lake, river or stream in the Snowy Mountains Area and impound, divert and use the waters of a lake, river or stream in that area.\n\n  \n\n## Part IV—Officers and employees of the Authority\n\n##### 22 Officers and employees of Authority\n\n  (1) The Authority may appoint such officers and engage such employees as it thinks necessary for the purposes of this Act.\n  (2) The terms and conditions of service of officers appointed under subsection (1) are such as are determined by the Authority.\n  (3) The terms and conditions of employment of employees engaged under subsection (1) are such as are determined by the Authority.\n  (4) In subsections (2) and (3), terms and conditions include conditions with respect to duration of service or employment or with respect to dismissal from service or employment.\n\n##### 24 Preservation of industrial awards\n\n  Nothing in this Act prevents the making of an industrial award, order, determination or agreement under any other Act in relation to officers or employees of the Authority or affects the operation of such an award, order, determination or agreement in relation to officers or employees of the Authority.\n\n  \n\n## Part V—Finances of the Authority\n\n##### 25 Financial policy\n\n  Subject to subsection 16(3), the Authority shall pursue a policy directed towards securing revenue sufficient to meet all its expenditure properly chargeable to revenue.\n\n##### 26 Application of the Commonwealth Authorities and Companies Act 1997\n\n  (1) The Commonwealth Authorities and Companies Act 1997 (except sections 27F to 27L) applies to the Authority as if:\n\n(a) the Authority were a body corporate; and\n\n(b) the Commissioner were a director of the Authority for the purposes of that Act.\n\n  (2) For the purposes of the application of that Act to the Authority, the following persons are not directors of the Authority:\n\n(a) Associate Commissioners;\n\n(b) members of the Snowy Mountains Council referred to in clause 17 of the Agreement, except the Commissioner.\n\n##### 27 Borrowing from Commonwealth\n\n  The Minister for Finance may, on behalf of the Commonwealth, out of money appropriated by the Parliament for the purpose, lend money to the Authority on such terms and conditions as the Minister for Finance, having regard to the provisions of clause 15 of the Agreement, in writing, determines.\n\n##### 28 Borrowings otherwise than from Commonwealth\n\n  (1) The Authority may, with the approval of the Treasurer:\n\n(a) borrow money otherwise than from the Commonwealth; or\n\n(b) raise money otherwise than by borrowing;\n\n  on terms and conditions that are specified in, or consistent with, the approval.\n  (2) Without limiting the generality of subsection (1), the Authority may, under that subsection, borrow money, or raise money otherwise than by borrowing, by dealing with securities.\n  (3) A borrowing of money, or a raising of money otherwise than by borrowing, under subsection (1) may be made, in whole or in part, in a currency other than Australian currency.\n  (4) An approval may be given under subsection (1) in relation to a particular transaction or in relation to transactions included in a class of transactions.\n  (5) An approval under subsection (1) shall be given in writing.\n  (6) In this section, securities includes stocks, debentures, debenture stocks, notes, bonds, promissory notes, bills of exchange and similar instruments or documents.\n  (7) A reference in this section to dealing with securities includes a reference to:\n\n(a) creating, executing, entering into, drawing, making, accepting, endorsing, issuing, discounting, selling, purchasing or re‑selling securities;\n\n(b) creating, selling, purchasing or re‑selling rights or options in respect of securities; and\n\n(c) entering into agreements or other arrangements relating to securities.\n\n  (8) For the purposes of this section:\n\n(a) the issue by the Authority of an instrument acknowledging a debt in consideration of:\n\n(i) the payment or deposit of money; or\n\n(ii) the provision of credit;\n\notherwise than in relation to a transaction that is in the ordinary course of the day‑to‑day operations of the Authority shall be deemed to be a raising by the Authority, otherwise than by borrowing, of an amount of money equal to the amount of the money paid or deposited or the value of the credit provided, as the case may be; and\n\n(b) the obtaining of credit by the Authority otherwise than in relation to a transaction that is in the ordinary course of the day‑to‑day operations of the Authority shall be deemed to be a raising by the Authority, otherwise than by borrowing, of an amount of money equal to the value of the credit so obtained.\n\n##### 28A Guarantee of borrowings by Authority\n\n  (1) The Treasurer may, on behalf of the Commonwealth, enter into a contract:\n\n(a) guaranteeing the repayment by the Authority of money borrowed under paragraph 28(1)(a) and the payment by the Authority of interest (including any interest on that interest) on money so borrowed; or\n\n(b) guaranteeing the payment by the Authority of such amounts (which may be interest) that the Authority is liable to pay with respect to money raised under paragraph 28(1)(b) as are specified in the contract.\n\n  (2) The Treasurer may, in writing, determine:\n\n(a) that the repayment by the Authority of money borrowed under paragraph 28(1)(a), and the payment by the Authority of interest (including any interest on that interest) on money so borrowed, are guaranteed by the Commonwealth; or\n\n(b) that the payment by the Authority of such money (which may be interest) that the Authority is liable to pay with respect to money raised under paragraph 28(1)(b) as is specified in the determination is guaranteed by the Commonwealth;\n\n  and, where the Treasurer makes such a determination, the repayment of that money and the payment of that interest are, or the payment of that money is, by force of this subsection, guaranteed by the Commonwealth.\n  (3) A contract may be entered into under subsection (1), and a determination may be made under subsection (2), in relation to a particular transaction or in relation to transactions included in a class of transactions.\n  (4) A contract entered into under subsection (1) may include either or both of the following provisions:\n\n(a) a provision agreeing, on behalf of the Commonwealth, that proceedings under the contract may be taken in the courts, or a specified court, of a country other than Australia;\n\n(b) a provision waiving, on behalf of the Commonwealth, the immunity of the Commonwealth from suit in the courts, or a specified court, of a country other than Australia in relation to any proceedings that may be taken under the contract.\n\n  (5) Where a borrowing under paragraph 28(1)(a) is by the issue of prescribed securities, the repayment by the Authority of the money so borrowed and the payment of interest on that money are, by force of this subsection, guaranteed by the Commonwealth.\n\n##### 28B Authority may give security\n\n  The Authority may give security over the whole or any part of its land or other assets for:\n\n(a) the repayment by the Authority of money borrowed by the Authority under section 27 or paragraph 28(1)(a) and the payment by the Authority of interest (including any interest on that interest) on money so borrowed;\n\n(b) the payment by the Authority of amounts (including any interest) that the Authority is liable to pay with respect to money raised by the Authority under paragraph 28(1)(b); or\n\n(c) the payment to the Commonwealth of amounts equal to any amounts that the Commonwealth may become liable to pay under a contract entered into under subsection 28A(1) or a determination made under subsection 28A(2).\n\n##### 29 Borrowings not otherwise permitted\n\n  The Authority shall not borrow money, or raise money otherwise than by borrowing, except in accordance with sections 27 and 28.\n\n##### 29A Delegation by Treasurer\n\n  (1) The Treasurer may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Treasurer, delegate to a person holding or performing the duties of an office in the Department of the Treasury all or any of the powers of the Treasurer under sections 28 and 28A.\n  (2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Part, be deemed to have been exercised by the Treasurer.\n  (3) A delegate is, in the exercise of a power so delegated, subject to the directions of the Treasurer.\n  (4) A delegation under subsection (1) does not prevent the exercise of a power by the Treasurer.\n\n##### 30 Application of moneys\n\n  (1) Subject to subsection (2) and to section 19 of the Commonwealth Authorities and Companies Act 1997, the moneys of the Authority may be applied by the Authority:\n\n(a) in payment or discharge of the costs, expenses or other obligations of the Authority; and\n\n(b) in payment of remuneration and allowances payable to any person appointed under this Act or employed by the Authority under this Act or any other law;\n\n  and not otherwise.\n  (2) Moneys of the Authority to which paragraph (j) of sub‑clause (2) of clause 15 of the Agreement applies may be invested in accordance with that paragraph and not otherwise.\n  (3) The Treasurer may, on behalf of the Commonwealth, accept deposits made by the Authority in accordance with subsection (2), and pay or credit interest on those deposits to the Authority in accordance with the Agreement.\n\n##### 30B Liability to taxation\n\n  (1) Except as otherwise provided by or under another Act (whether passed before or after the commencement of this Act), the Authority is subject to taxation under the laws of the Commonwealth.\n  (2) Subject to subsection (3), the Authority is not subject to taxation under a law of a State or of a Territory.\n  (3) The regulations may provide that subsection (2) does not apply in relation to taxation under a specified law of a State or Territory.\n  (4) Stamp duty or any similar tax is not payable under a law of the Commonwealth or of a State or Territory in respect of:\n\n(a) a security issued by the Authority;\n\n(b) the issue, redemption, transfer, sale or purchase of such a security, not including a transaction entered into without consideration or for an inadequate consideration; or\n\n(c) any document executed by or on behalf of the Authority, or any transaction, in relation to the borrowing of moneys by the Authority.\n\n##### 31 Contracts\n\n  (1) The Authority may not, without the approval of the Minister, enter into a contract involving the payment or receipt of an amount exceeding $2,000,000.\n  (2) Subsection (1) does not apply to investments of surplus money of the Authority under section 19 of the Commonwealth Authorities and Companies Act 1997.\n\n## Part VA—Reports\n\n  \n\n## Part VI—Miscellaneous\n\n##### 33 Authority in execution of works to do as little damage as possible\n\n  (1) In the exercise of its powers under this Act, the Authority shall cause as little detriment and inconvenience and do as little damage as possible.\n  (2) Where the owner of land in the Snowy Mountains Area is injuriously affected by the exercise, in relation to that land, of any of the powers conferred by this Act, compensation shall be paid by the Authority.\n  (3) Where land (whether within or without the Snowy Mountains Area) is entered or occupied in pursuance of section 20, the Authority shall be liable to pay compensation to the owner or occupier of the land, or to both, as the case requires, and the compensation so payable shall include compensation in respect of:\n\n(a) damage of a temporary character as well as of a permanent character; and\n\n(b) the taking of sand, clay, stone, earth, gravel, timber, wood, materials or things by the Authority.\n\n  (3A) If the owner of land along the Upper Murray or along the Lower Tumut suffers loss by flooding from temporary works of the Authority in relation to that land, the Authority shall be liable to pay compensation to the owner.\n  (3B) In subsection (3A), loss by flooding from temporary works of the Authority means loss directly resulting from the raising of the level of the Upper Murray or of the Lower Tumut by the discharge of waters from works of the Authority other than permanent works of the Authority.\n  (3C) Expressions used in subsections (3A) and (3B) (other than the expression loss by flooding) which are defined in the Agreement or the Supplemental Agreement have the same meanings as in the Agreement or the Supplemental Agreement, as the case may be.\n  (3D) For the purposes of rights to compensation under this section, where anything has been done by, or under the authority of, the Authority and the doing of that thing was authorized both by this Act and by a State Act, that thing shall be conclusively presumed, as against the Authority, to have been done in pursuance of this Act.\n  (3E) Nothing in this section shall be construed as excluding or limiting any liability of the Authority apart from this section in respect of a matter in relation to which compensation is not payable under this section.\n  (4) Part VIII of the Lands Acquisition Act 1989 applies in relation to the determination of compensation under this Part as if anything done by the Authority under this Act had been done under Part III of the Lands Acquisition Act 1989.\n\n##### 36 Arrangements with States etc.\n\n  The Authority may arrange with a Minister of State or authority of the Commonwealth or of a State for the performance by that Minister or authority of any work on behalf of the Authority.\n\n##### 37 Works of Authority not to be injuriously affected\n\n  (1) Except as prescribed, a person shall not, in the Snowy Mountains Area, carry out any work, or make any use of the water in a lake, river or stream, whereby any works, or proposed works, of the Authority, or the use, or proposed use, of water in the works of the Authority, is or may be injuriously affected or interfered with.\n  (2) Without prejudice to any civil remedy available to the Authority, a person who contravenes subsection (1) is guilty of an offence against this section.\n  (3) An offence against this section may be prosecuted either summarily or upon indictment.\n  (4) The punishment for an offence against this section is:\n\n(a) where the offence is prosecuted summarily—a fine not exceeding $200; or\n\n(b) where the offence is prosecuted upon indictment—a fine not exceeding $1,000 or imprisonment for a term not exceeding 1 year.\n\n  (5) Nothing in this section shall be deemed to prevent or affect the operation of a provision in a law of a State prohibiting any acts which are also prohibited by this section.\n\n##### 38 Discharge of water\n\n  Any water used by the Authority for the generation of electricity shall be discharged into a lake, river or stream in the Snowy Mountains Area.\n\n##### 41 Regulations\n\n  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 and, in particular, for prescribing penalties not exceeding a fine of $100 or imprisonment for a period not exceeding 3 months, or both, for offences against the regulations.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"The Snowy Mountains Hydro‑electric Authority","content":"##### 7 The Snowy Mountains Hydro‑electric Authority\n\n  (1) For the purposes of this Act, there shall be an Authority to be known as the Snowy Mountains Hydro‑electric Authority.\n  (2) The Authority shall be constituted by a Commissioner, shall be a corporation sole with perpetual succession and an official seal, may acquire, hold and dispose of real and personal property and shall be capable of suing and being sued in its corporate name.\n\n> Note: Subject to section 26, the Commonwealth Authorities and Companies Act 1997 applies to the Authority. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.\n\n  (3) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Authority affixed to any document and shall presume that it was duly affixed.\n  (4) The Commissioner shall be appointed by the Governor‑General.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Associate Commissioners","content":"##### 8 Associate Commissioners\n\n  (1) The Governor‑General may appoint 1 or 2 Associate Commissioners to assist the Commissioner.\n  (2) An Associate Commissioner shall give such advice and assistance to the Commissioner as the Commissioner requires and shall perform such duties as the Commissioner directs.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Tenure of office","content":"##### 9 Tenure of office\n\n  (1) The Commissioner and each Associate Commissioner:\n\n(a) shall be appointed for a period not exceeding 7 years; and\n\n(b) may be appointed on a full‑time basis or on a part‑time basis.\n\n  (3) Where the period of appointment of the Commissioner or an Associate Commissioner has expired he shall be eligible for re‑appointment.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Remuneration","content":"##### 10 Remuneration\n\n  (1) The Commissioner and each Associate Commissioner shall be paid such remuneration as is determined by the Remuneration Tribunal.\n  (2) The Commissioner and each Associate Commissioner shall be paid such allowances as are prescribed.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Leave of absence","content":"##### 11 Leave of absence\n\n  (1) A full‑time Commissioner and a full‑time Associate Commissioner has such recreation leave entitlements as are determined by the Remuneration Tribunal.\n  (2) The Minister may:\n\n(a) grant a full‑time Commissioner and a full‑time Associate Commissioner leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines; and\n\n(b) grant a part‑time Commissioner and a part‑time Associate Commissioner leave to be absent from a meeting or meetings of the Authority.","sortOrder":13},{"sectionNumber":"11A","sectionType":"section","heading":"Disclosure of Commissioner’s interests","content":"##### 11A Disclosure of Commissioner’s interests\n\n  If the Commissioner has a material personal interest in a matter that the Authority is considering or is about to consider, he or she must give written notice of the interest to the Minister.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Dismissal of Commissioner or Associate Commissioner","content":"##### 12 Dismissal of Commissioner or Associate Commissioner\n\n  The Governor‑General may terminate the appointment of the Commissioner or of an Associate Commissioner for inability, inefficiency or misbehaviour.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Vacation of office","content":"##### 13 Vacation of office\n\n  The office of the Commissioner or of an Associate Commissioner shall be vacated:\n\n(a) if, being a full‑time Commissioner or a full‑time Associate Commissioner, he engages in any paid employment outside the duties of his office;\n\n(b) if he 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;\n\n(c) if he resigns his office by writing under his hand addressed to the Governor‑General and the resignation has been accepted;\n\n(d) if, being a full‑time Commissioner or a full‑time Associate Commissioner, he is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n\n(e) if he, in any way, otherwise than as a member, and in common with the other members, of an incorporated company consisting of not less than 25 persons:\n\n(i) becomes concerned or interested in any contract or agreement entered into by or on behalf of the Authority; or\n\n(ii) participates or claims to participate in the profit of any such contract or agreement or in any benefit or emolument arising from any such contract or agreement; or\n\n(f) if the Commissioner contravenes section 11A without reasonable excuse.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Acting Commissioner and Acting Associate Commissioner","content":"##### 14 Acting Commissioner and Acting Associate Commissioner\n\n  (1) The Minister may appoint a person to act in the office of the Commissioner or the office of an Associate Commissioner:\n\n(a) during a vacancy in the office; or\n\n(b) during any period, or during all periods, when the holder of the office is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office.\n\n  (1A) A person may be appointed under paragraph (1)(a) to act in an office for an indefinite period.\n  (2) An appointment of a person under subsection (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.\n  (3) The Minister may:\n\n(a) determine the terms and conditions of appointment, including remuneration and allowances, of a person acting in an office in accordance with subsection (1); and\n\n(b) terminate such an appointment at any time.\n\n  (4) Where a person is acting in an office in accordance with paragraph (1)(b) and that office becomes vacant while that person is so acting, then, subject to subsection (2), that person may continue so to act until the Minister otherwise directs or the vacancy is filled, whichever first happens.\n  (5) The appointment of a person under subsection (1) ceases to have effect if he resigns the appointment by writing signed by him and delivered to the Minister.\n  (6) While a person is acting in an office in accordance with subsection (1), he has and may exercise all the powers, and shall perform all the functions, of that office.\n  (7) The validity of anything done by a person purporting to act under subsection (1) shall not be called in question on the ground that the occasion for his appointment had not arisen, that there is a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had ceased.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Delegation","content":"##### 15 Delegation\n\n  (1) The Authority may, in relation to any particular matter or class of matters, or to any particular place, by writing under its seal, delegate to an Associate Commissioner or an officer all or any of its powers under this Act (except this power of delegation), so that the delegated powers may be exercised by the delegate with respect to the matter or class of matters, or to the place, specified in the instrument of delegation.\n  (2) Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power by the Authority.","sortOrder":18},{"sectionNumber":"Part III","sectionType":"part","heading":"Functions and powers of the Authority","content":"An Act relating to the Construction and Operation of Works for the Generation of Hydro‑electric Power in the Snowy Mountains Area\n\nPreamble\n\nWHEREAS additional supplies of electricity are required for the purposes of defence works and undertakings:\n\nAND WHEREAS the construction of further defence works and the establishment of further defence undertakings will require additional supplies of electricity:\n\nAND WHEREAS it is desirable that provision should be made now to enable increased supplies of electricity to be immediately available in time of war:\n\nAND WHEREAS the consumption of electricity in the Australian Capital Territory and, in particular, at the Seat of Government within that Territory, is increasing and is likely to continue to increase:\n\nAND WHEREAS it is desirable that the generation of electricity for the purposes referred to in this preamble should be undertaken in such an area and in such a manner as to be least likely to suffer interruption in time of war:\n\nAND WHEREAS, by reason of the foregoing, it is desirable that provision should be made now for the generation of electricity by means of hydro‑electric works in the Snowy Mountains Area:\n\nBE it therefore enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia as follows:\n\n  \n\n## Part I—Preliminary\n\n##### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the Snowy Mountains Hydro‑electric Power Act 1949.\n\n##### 2 Commencement \\[see Note 1\\]\n\n  This Act shall come into operation on the day on which it receives the Royal Assent.\n\n##### 4 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Associate Commissioner means an Associate Commissioner holding office under this Act.\n\n> easement includes a licence or a right in the nature of an easement.\n\n> owner, in relation to any land, includes any person having an estate or interest in that land.\n\n> the Agreement means the agreement between the Commonwealth, the State of New South Wales and the State of Victoria a copy of which is set out in Schedule 1 and, except in section 5A, includes any agreement relating to the Guthega project entered into in accordance with clause 22 of the Agreement.\n\n> the Authority means the Snowy Mountains Hydro‑electric Authority.\n\n> the Commissioner means the Commissioner constituting the Authority.\n\n> the Supplemental Agreement means the agreement between the Commonwealth, the State of New South Wales and the State of Victoria a copy of which is set out in Schedule 2.\n\n##### 5 Act to bind States\n\n  This Act shall bind the Crown in right of a State.\n\n##### 5A Approval of Agreements\n\n  (1) The Agreement is approved.\n  (2) The Supplemental Agreement is approved.\n\n##### 5B Certain rights of South Australia not affected\n\n  Nothing in this Act shall be taken to affect the rights of the State of South Australia under the agreement a copy of which is set out in the Schedule to the Murray‑Darling Basin Act 1993.\n\n##### 6 The Snowy Mountains Area\n\n  (1) For the purposes of this Act, the Snowy Mountains Area shall be an area or areas of land in the south‑eastern portion of the State of New South Wales and the north‑eastern portion of the State of Victoria defined in accordance with this section.\n  (2) The Governor‑General may, by proclamation, define the boundaries of the Snowy Mountains Area and may, from time to time, by Proclamation, vary the boundaries as so defined.\n  (3) A Proclamation under this section does not operate to vary the boundaries of the Snowy Mountains Area so as to include land which was not included in that Area on 6 November 1958 unless the variation is made with the prior approval of the Governor‑in‑Council of the State of New South Wales and the Governor‑in‑Council of the State of Victoria.\n  (4) Where a Proclamation under this section making a variation in the boundaries of the Snowy Mountains Area recites the prior approval of the Governor‑in‑Council of the State of New South Wales and the Governor‑in‑Council of the State of Victoria to that variation, the recital is evidence of the approvals so recited.\n\n  \n\n## Part II—The Snowy Mountains Hydro‑electric Authority\n\n##### 7 The Snowy Mountains Hydro‑electric Authority\n\n  (1) For the purposes of this Act, there shall be an Authority to be known as the Snowy Mountains Hydro‑electric Authority.\n  (2) The Authority shall be constituted by a Commissioner, shall be a corporation sole with perpetual succession and an official seal, may acquire, hold and dispose of real and personal property and shall be capable of suing and being sued in its corporate name.\n\n> Note: Subject to section 26, the Commonwealth Authorities and Companies Act 1997 applies to the Authority. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.\n\n  (3) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Authority affixed to any document and shall presume that it was duly affixed.\n  (4) The Commissioner shall be appointed by the Governor‑General.\n\n##### 8 Associate Commissioners\n\n  (1) The Governor‑General may appoint 1 or 2 Associate Commissioners to assist the Commissioner.\n  (2) An Associate Commissioner shall give such advice and assistance to the Commissioner as the Commissioner requires and shall perform such duties as the Commissioner directs.\n\n##### 9 Tenure of office\n\n  (1) The Commissioner and each Associate Commissioner:\n\n(a) shall be appointed for a period not exceeding 7 years; and\n\n(b) may be appointed on a full‑time basis or on a part‑time basis.\n\n  (3) Where the period of appointment of the Commissioner or an Associate Commissioner has expired he shall be eligible for re‑appointment.\n\n##### 10 Remuneration\n\n  (1) The Commissioner and each Associate Commissioner shall be paid such remuneration as is determined by the Remuneration Tribunal.\n  (2) The Commissioner and each Associate Commissioner shall be paid such allowances as are prescribed.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n##### 11 Leave of absence\n\n  (1) A full‑time Commissioner and a full‑time Associate Commissioner has such recreation leave entitlements as are determined by the Remuneration Tribunal.\n  (2) The Minister may:\n\n(a) grant a full‑time Commissioner and a full‑time Associate Commissioner leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines; and\n\n(b) grant a part‑time Commissioner and a part‑time Associate Commissioner leave to be absent from a meeting or meetings of the Authority.\n\n##### 11A Disclosure of Commissioner’s interests\n\n  If the Commissioner has a material personal interest in a matter that the Authority is considering or is about to consider, he or she must give written notice of the interest to the Minister.\n\n##### 12 Dismissal of Commissioner or Associate Commissioner\n\n  The Governor‑General may terminate the appointment of the Commissioner or of an Associate Commissioner for inability, inefficiency or misbehaviour.\n\n##### 13 Vacation of office\n\n  The office of the Commissioner or of an Associate Commissioner shall be vacated:\n\n(a) if, being a full‑time Commissioner or a full‑time Associate Commissioner, he engages in any paid employment outside the duties of his office;\n\n(b) if he 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;\n\n(c) if he resigns his office by writing under his hand addressed to the Governor‑General and the resignation has been accepted;\n\n(d) if, being a full‑time Commissioner or a full‑time Associate Commissioner, he is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n\n(e) if he, in any way, otherwise than as a member, and in common with the other members, of an incorporated company consisting of not less than 25 persons:\n\n(i) becomes concerned or interested in any contract or agreement entered into by or on behalf of the Authority; or\n\n(ii) participates or claims to participate in the profit of any such contract or agreement or in any benefit or emolument arising from any such contract or agreement; or\n\n(f) if the Commissioner contravenes section 11A without reasonable excuse.\n\n##### 14 Acting Commissioner and Acting Associate Commissioner\n\n  (1) The Minister may appoint a person to act in the office of the Commissioner or the office of an Associate Commissioner:\n\n(a) during a vacancy in the office; or\n\n(b) during any period, or during all periods, when the holder of the office is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office.\n\n  (1A) A person may be appointed under paragraph (1)(a) to act in an office for an indefinite period.\n  (2) An appointment of a person under subsection (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.\n  (3) The Minister may:\n\n(a) determine the terms and conditions of appointment, including remuneration and allowances, of a person acting in an office in accordance with subsection (1); and\n\n(b) terminate such an appointment at any time.\n\n  (4) Where a person is acting in an office in accordance with paragraph (1)(b) and that office becomes vacant while that person is so acting, then, subject to subsection (2), that person may continue so to act until the Minister otherwise directs or the vacancy is filled, whichever first happens.\n  (5) The appointment of a person under subsection (1) ceases to have effect if he resigns the appointment by writing signed by him and delivered to the Minister.\n  (6) While a person is acting in an office in accordance with subsection (1), he has and may exercise all the powers, and shall perform all the functions, of that office.\n  (7) The validity of anything done by a person purporting to act under subsection (1) shall not be called in question on the ground that the occasion for his appointment had not arisen, that there is a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had ceased.\n\n##### 15 Delegation\n\n  (1) The Authority may, in relation to any particular matter or class of matters, or to any particular place, by writing under its seal, delegate to an Associate Commissioner or an officer all or any of its powers under this Act (except this power of delegation), so that the delegated powers may be exercised by the delegate with respect to the matter or class of matters, or to the place, specified in the instrument of delegation.\n  (2) Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power by the Authority.\n\n  \n\n## Part III—Functions and powers of the Authority\n\n##### 16 Functions of the Authority\n\n  (1) The functions of the Authority are:\n\n(a) with the object of assisting to ensure that adequate supplies of electricity are available, in time of war as well as in time of peace, in the States of New South Wales and Victoria and in the Australian Capital Territory for purposes necessary or conducive to the defence of the Commonwealth and for other purposes of the Commonwealth, to provide hydro‑electric works in the Snowy Mountains Area for the generation of electricity; and\n\n(b) with the object specified in paragraph (a), and as incidental to its functions related to that object, to generate, or permit the generation of, electricity in the works of the Authority and to supply, or permit the supply of, electricity generated in those works:\n\n(i) to, or as directed by, the Commonwealth for purposes of the Commonwealth and for consumption in the Australian Capital Territory; and\n\n(ii) to The Electricity Commission of New South Wales and the State Electricity Commission of Victoria or to a corporation succeeding either of those Commissions.\n\n  (2) Except as otherwise directed by the Governor‑General, the Authority may have, perform or exercise a capacity, function, power, authority or duty conferred or imposed upon it by an Act of the Parliament of the State of New South Wales or the State of Victoria.\n  (3) The Authority shall comply in all respects with the provisions of the Agreement and of the Supplemental Agreement that are applicable to it.\n\n##### 17 General powers of the Authority\n\n  (1) For the purpose of performing its functions under section 16, the Authority shall have power to construct, maintain, operate, protect, manage and control works:\n\n(a) for the collection, diversion and storage of water in the Snowy Mountains Area;\n\n(b) for the generation of electricity in that area;\n\n(c) for the transmission of electricity generated by the Authority; and\n\n(d) incidental or related to the construction, maintenance, operation, protection, management or control of any works specified in the preceding paragraphs.\n\n  (2) The Authority shall have power to construct, maintain, operate, protect, manage and control works which, in the opinion of the Authority, are necessary or desirable for the purpose of preventing or mitigating injurious effects of any works referred to in subsection (1).\n\n##### 18 Particular powers of the Authority\n\n  The Authority shall have, in addition to the powers specifically conferred upon it by this Act, such other powers as are necessary or convenient for the performance of its functions under this Act, and, in particular, and without limiting the generality of the foregoing, shall have power:\n\n(a) to purchase land;\n\n(b) to take land on lease;\n\n(c) to take easements over land;\n\n(d) to sell or otherwise dispose of land vested in the Authority but not required for the purposes of the Authority;\n\n(e) to lease land vested in the Authority the use of which is not for the time being required by the Authority;\n\n(f) to release any easement over land;\n\n(g) to purchase or take on hire plant, machinery, equipment or other goods;\n\n(h) to dispose of plant, machinery, equipment or other goods owned by the Authority but not required by the Authority;\n\n(i) to provide transport, accommodation, provisions, medical treatment, hospital facilities and amenities for officers and employees of the Authority and their families; and\n\n(j) to do anything incidental to any of its powers.\n\n##### 19 Power to enter land and take levels etc.\n\n  The Commissioner, an Associate Commissioner, an officer or employee of the Authority, or any other person authorized by the Authority so to do, may, for the purposes of this Act, without any previous notice:\n\n(a) enter upon land (including land owned or occupied by the Crown in right of a State) for the purpose of inspecting the land;\n\n(b) make surveys, take levels, sink bores, dig pits and examine the soil; and\n\n(c) do any other thing necessary for ascertaining the suitability of the land for the purposes of the Authority.\n\n##### 20 Power to enter and occupy land\n\n  The Authority, or any person authorized by the Authority so to do, may, for the purposes of this Act:\n\n(a) after giving not less than 7 days’ notice in writing to the occupier of land (including land owned or occupied by the Crown in right of a State), enter upon and occupy that land;\n\n(b) on or from land so occupied:\n\n(i) construct, build or place any plant, machinery, equipment or goods;\n\n(ii) take sand, clay, stone, earth, gravel, timber, wood or other materials or things;\n\n(iii) make cuttings or excavations;\n\n(iv) deposit sand, clay, stone, earth, gravel, timber, wood or other materials or things;\n\n(v) erect workshops, sheds and other buildings;\n\n(vi) make roads; and\n\n(vii) manufacture and work materials of any kind; and\n\n(c) demolish, destroy or remove, on or from land so occupied, any plant, machinery, equipment, goods, workshop, shed, building or road.\n\n##### 21 Powers in respect of waters\n\n  The Authority may raise or lower the level of a lake, river or stream in the Snowy Mountains Area and impound, divert and use the waters of a lake, river or stream in that area.\n\n  \n\n## Part IV—Officers and employees of the Authority\n\n##### 22 Officers and employees of Authority\n\n  (1) The Authority may appoint such officers and engage such employees as it thinks necessary for the purposes of this Act.\n  (2) The terms and conditions of service of officers appointed under subsection (1) are such as are determined by the Authority.\n  (3) The terms and conditions of employment of employees engaged under subsection (1) are such as are determined by the Authority.\n  (4) In subsections (2) and (3), terms and conditions include conditions with respect to duration of service or employment or with respect to dismissal from service or employment.\n\n##### 24 Preservation of industrial awards\n\n  Nothing in this Act prevents the making of an industrial award, order, determination or agreement under any other Act in relation to officers or employees of the Authority or affects the operation of such an award, order, determination or agreement in relation to officers or employees of the Authority.\n\n  \n\n## Part V—Finances of the Authority\n\n##### 25 Financial policy\n\n  Subject to subsection 16(3), the Authority shall pursue a policy directed towards securing revenue sufficient to meet all its expenditure properly chargeable to revenue.\n\n##### 26 Application of the Commonwealth Authorities and Companies Act 1997\n\n  (1) The Commonwealth Authorities and Companies Act 1997 (except sections 27F to 27L) applies to the Authority as if:\n\n(a) the Authority were a body corporate; and\n\n(b) the Commissioner were a director of the Authority for the purposes of that Act.\n\n  (2) For the purposes of the application of that Act to the Authority, the following persons are not directors of the Authority:\n\n(a) Associate Commissioners;\n\n(b) members of the Snowy Mountains Council referred to in clause 17 of the Agreement, except the Commissioner.\n\n##### 27 Borrowing from Commonwealth\n\n  The Minister for Finance may, on behalf of the Commonwealth, out of money appropriated by the Parliament for the purpose, lend money to the Authority on such terms and conditions as the Minister for Finance, having regard to the provisions of clause 15 of the Agreement, in writing, determines.\n\n##### 28 Borrowings otherwise than from Commonwealth\n\n  (1) The Authority may, with the approval of the Treasurer:\n\n(a) borrow money otherwise than from the Commonwealth; or\n\n(b) raise money otherwise than by borrowing;\n\n  on terms and conditions that are specified in, or consistent with, the approval.\n  (2) Without limiting the generality of subsection (1), the Authority may, under that subsection, borrow money, or raise money otherwise than by borrowing, by dealing with securities.\n  (3) A borrowing of money, or a raising of money otherwise than by borrowing, under subsection (1) may be made, in whole or in part, in a currency other than Australian currency.\n  (4) An approval may be given under subsection (1) in relation to a particular transaction or in relation to transactions included in a class of transactions.\n  (5) An approval under subsection (1) shall be given in writing.\n  (6) In this section, securities includes stocks, debentures, debenture stocks, notes, bonds, promissory notes, bills of exchange and similar instruments or documents.\n  (7) A reference in this section to dealing with securities includes a reference to:\n\n(a) creating, executing, entering into, drawing, making, accepting, endorsing, issuing, discounting, selling, purchasing or re‑selling securities;\n\n(b) creating, selling, purchasing or re‑selling rights or options in respect of securities; and\n\n(c) entering into agreements or other arrangements relating to securities.\n\n  (8) For the purposes of this section:\n\n(a) the issue by the Authority of an instrument acknowledging a debt in consideration of:\n\n(i) the payment or deposit of money; or\n\n(ii) the provision of credit;\n\notherwise than in relation to a transaction that is in the ordinary course of the day‑to‑day operations of the Authority shall be deemed to be a raising by the Authority, otherwise than by borrowing, of an amount of money equal to the amount of the money paid or deposited or the value of the credit provided, as the case may be; and\n\n(b) the obtaining of credit by the Authority otherwise than in relation to a transaction that is in the ordinary course of the day‑to‑day operations of the Authority shall be deemed to be a raising by the Authority, otherwise than by borrowing, of an amount of money equal to the value of the credit so obtained.\n\n##### 28A Guarantee of borrowings by Authority\n\n  (1) The Treasurer may, on behalf of the Commonwealth, enter into a contract:\n\n(a) guaranteeing the repayment by the Authority of money borrowed under paragraph 28(1)(a) and the payment by the Authority of interest (including any interest on that interest) on money so borrowed; or\n\n(b) guaranteeing the payment by the Authority of such amounts (which may be interest) that the Authority is liable to pay with respect to money raised under paragraph 28(1)(b) as are specified in the contract.\n\n  (2) The Treasurer may, in writing, determine:\n\n(a) that the repayment by the Authority of money borrowed under paragraph 28(1)(a), and the payment by the Authority of interest (including any interest on that interest) on money so borrowed, are guaranteed by the Commonwealth; or\n\n(b) that the payment by the Authority of such money (which may be interest) that the Authority is liable to pay with respect to money raised under paragraph 28(1)(b) as is specified in the determination is guaranteed by the Commonwealth;\n\n  and, where the Treasurer makes such a determination, the repayment of that money and the payment of that interest are, or the payment of that money is, by force of this subsection, guaranteed by the Commonwealth.\n  (3) A contract may be entered into under subsection (1), and a determination may be made under subsection (2), in relation to a particular transaction or in relation to transactions included in a class of transactions.\n  (4) A contract entered into under subsection (1) may include either or both of the following provisions:\n\n(a) a provision agreeing, on behalf of the Commonwealth, that proceedings under the contract may be taken in the courts, or a specified court, of a country other than Australia;\n\n(b) a provision waiving, on behalf of the Commonwealth, the immunity of the Commonwealth from suit in the courts, or a specified court, of a country other than Australia in relation to any proceedings that may be taken under the contract.\n\n  (5) Where a borrowing under paragraph 28(1)(a) is by the issue of prescribed securities, the repayment by the Authority of the money so borrowed and the payment of interest on that money are, by force of this subsection, guaranteed by the Commonwealth.\n\n##### 28B Authority may give security\n\n  The Authority may give security over the whole or any part of its land or other assets for:\n\n(a) the repayment by the Authority of money borrowed by the Authority under section 27 or paragraph 28(1)(a) and the payment by the Authority of interest (including any interest on that interest) on money so borrowed;\n\n(b) the payment by the Authority of amounts (including any interest) that the Authority is liable to pay with respect to money raised by the Authority under paragraph 28(1)(b); or\n\n(c) the payment to the Commonwealth of amounts equal to any amounts that the Commonwealth may become liable to pay under a contract entered into under subsection 28A(1) or a determination made under subsection 28A(2).\n\n##### 29 Borrowings not otherwise permitted\n\n  The Authority shall not borrow money, or raise money otherwise than by borrowing, except in accordance with sections 27 and 28.\n\n##### 29A Delegation by Treasurer\n\n  (1) The Treasurer may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Treasurer, delegate to a person holding or performing the duties of an office in the Department of the Treasury all or any of the powers of the Treasurer under sections 28 and 28A.\n  (2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Part, be deemed to have been exercised by the Treasurer.\n  (3) A delegate is, in the exercise of a power so delegated, subject to the directions of the Treasurer.\n  (4) A delegation under subsection (1) does not prevent the exercise of a power by the Treasurer.\n\n##### 30 Application of moneys\n\n  (1) Subject to subsection (2) and to section 19 of the Commonwealth Authorities and Companies Act 1997, the moneys of the Authority may be applied by the Authority:\n\n(a) in payment or discharge of the costs, expenses or other obligations of the Authority; and\n\n(b) in payment of remuneration and allowances payable to any person appointed under this Act or employed by the Authority under this Act or any other law;\n\n  and not otherwise.\n  (2) Moneys of the Authority to which paragraph (j) of sub‑clause (2) of clause 15 of the Agreement applies may be invested in accordance with that paragraph and not otherwise.\n  (3) The Treasurer may, on behalf of the Commonwealth, accept deposits made by the Authority in accordance with subsection (2), and pay or credit interest on those deposits to the Authority in accordance with the Agreement.\n\n##### 30B Liability to taxation\n\n  (1) Except as otherwise provided by or under another Act (whether passed before or after the commencement of this Act), the Authority is subject to taxation under the laws of the Commonwealth.\n  (2) Subject to subsection (3), the Authority is not subject to taxation under a law of a State or of a Territory.\n  (3) The regulations may provide that subsection (2) does not apply in relation to taxation under a specified law of a State or Territory.\n  (4) Stamp duty or any similar tax is not payable under a law of the Commonwealth or of a State or Territory in respect of:\n\n(a) a security issued by the Authority;\n\n(b) the issue, redemption, transfer, sale or purchase of such a security, not including a transaction entered into without consideration or for an inadequate consideration; or\n\n(c) any document executed by or on behalf of the Authority, or any transaction, in relation to the borrowing of moneys by the Authority.\n\n##### 31 Contracts\n\n  (1) The Authority may not, without the approval of the Minister, enter into a contract involving the payment or receipt of an amount exceeding $2,000,000.\n  (2) Subsection (1) does not apply to investments of surplus money of the Authority under section 19 of the Commonwealth Authorities and Companies Act 1997.\n\n## Part VA—Reports\n\n  \n\n## Part VI—Miscellaneous\n\n##### 33 Authority in execution of works to do as little damage as possible\n\n  (1) In the exercise of its powers under this Act, the Authority shall cause as little detriment and inconvenience and do as little damage as possible.\n  (2) Where the owner of land in the Snowy Mountains Area is injuriously affected by the exercise, in relation to that land, of any of the powers conferred by this Act, compensation shall be paid by the Authority.\n  (3) Where land (whether within or without the Snowy Mountains Area) is entered or occupied in pursuance of section 20, the Authority shall be liable to pay compensation to the owner or occupier of the land, or to both, as the case requires, and the compensation so payable shall include compensation in respect of:\n\n(a) damage of a temporary character as well as of a permanent character; and\n\n(b) the taking of sand, clay, stone, earth, gravel, timber, wood, materials or things by the Authority.\n\n  (3A) If the owner of land along the Upper Murray or along the Lower Tumut suffers loss by flooding from temporary works of the Authority in relation to that land, the Authority shall be liable to pay compensation to the owner.\n  (3B) In subsection (3A), loss by flooding from temporary works of the Authority means loss directly resulting from the raising of the level of the Upper Murray or of the Lower Tumut by the discharge of waters from works of the Authority other than permanent works of the Authority.\n  (3C) Expressions used in subsections (3A) and (3B) (other than the expression loss by flooding) which are defined in the Agreement or the Supplemental Agreement have the same meanings as in the Agreement or the Supplemental Agreement, as the case may be.\n  (3D) For the purposes of rights to compensation under this section, where anything has been done by, or under the authority of, the Authority and the doing of that thing was authorized both by this Act and by a State Act, that thing shall be conclusively presumed, as against the Authority, to have been done in pursuance of this Act.\n  (3E) Nothing in this section shall be construed as excluding or limiting any liability of the Authority apart from this section in respect of a matter in relation to which compensation is not payable under this section.\n  (4) Part VIII of the Lands Acquisition Act 1989 applies in relation to the determination of compensation under this Part as if anything done by the Authority under this Act had been done under Part III of the Lands Acquisition Act 1989.\n\n##### 36 Arrangements with States etc.\n\n  The Authority may arrange with a Minister of State or authority of the Commonwealth or of a State for the performance by that Minister or authority of any work on behalf of the Authority.\n\n##### 37 Works of Authority not to be injuriously affected\n\n  (1) Except as prescribed, a person shall not, in the Snowy Mountains Area, carry out any work, or make any use of the water in a lake, river or stream, whereby any works, or proposed works, of the Authority, or the use, or proposed use, of water in the works of the Authority, is or may be injuriously affected or interfered with.\n  (2) Without prejudice to any civil remedy available to the Authority, a person who contravenes subsection (1) is guilty of an offence against this section.\n  (3) An offence against this section may be prosecuted either summarily or upon indictment.\n  (4) The punishment for an offence against this section is:\n\n(a) where the offence is prosecuted summarily—a fine not exceeding $200; or\n\n(b) where the offence is prosecuted upon indictment—a fine not exceeding $1,000 or imprisonment for a term not exceeding 1 year.\n\n  (5) Nothing in this section shall be deemed to prevent or affect the operation of a provision in a law of a State prohibiting any acts which are also prohibited by this section.\n\n##### 38 Discharge of water\n\n  Any water used by the Authority for the generation of electricity shall be discharged into a lake, river or stream in the Snowy Mountains Area.\n\n##### 41 Regulations\n\n  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 and, in particular, for prescribing penalties not exceeding a fine of $100 or imprisonment for a period not exceeding 3 months, or both, for offences against the regulations.","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Functions of the Authority","content":"##### 16 Functions of the Authority\n\n  (1) The functions of the Authority are:\n\n(a) with the object of assisting to ensure that adequate supplies of electricity are available, in time of war as well as in time of peace, in the States of New South Wales and Victoria and in the Australian Capital Territory for purposes necessary or conducive to the defence of the Commonwealth and for other purposes of the Commonwealth, to provide hydro‑electric works in the Snowy Mountains Area for the generation of electricity; and\n\n(b) with the object specified in paragraph (a), and as incidental to its functions related to that object, to generate, or permit the generation of, electricity in the works of the Authority and to supply, or permit the supply of, electricity generated in those works:\n\n(i) to, or as directed by, the Commonwealth for purposes of the Commonwealth and for consumption in the Australian Capital Territory; and\n\n(ii) to The Electricity Commission of New South Wales and the State Electricity Commission of Victoria or to a corporation succeeding either of those Commissions.\n\n  (2) Except as otherwise directed by the Governor‑General, the Authority may have, perform or exercise a capacity, function, power, authority or duty conferred or imposed upon it by an Act of the Parliament of the State of New South Wales or the State of Victoria.\n  (3) The Authority shall comply in all respects with the provisions of the Agreement and of the Supplemental Agreement that are applicable to it.","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"General powers of the Authority","content":"##### 17 General powers of the Authority\n\n  (1) For the purpose of performing its functions under section 16, the Authority shall have power to construct, maintain, operate, protect, manage and control works:\n\n(a) for the collection, diversion and storage of water in the Snowy Mountains Area;\n\n(b) for the generation of electricity in that area;\n\n(c) for the transmission of electricity generated by the Authority; and\n\n(d) incidental or related to the construction, maintenance, operation, protection, management or control of any works specified in the preceding paragraphs.\n\n  (2) The Authority shall have power to construct, maintain, operate, protect, manage and control works which, in the opinion of the Authority, are necessary or desirable for the purpose of preventing or mitigating injurious effects of any works referred to in subsection (1).","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Particular powers of the Authority","content":"##### 18 Particular powers of the Authority\n\n  The Authority shall have, in addition to the powers specifically conferred upon it by this Act, such other powers as are necessary or convenient for the performance of its functions under this Act, and, in particular, and without limiting the generality of the foregoing, shall have power:\n\n(a) to purchase land;\n\n(b) to take land on lease;\n\n(c) to take easements over land;\n\n(d) to sell or otherwise dispose of land vested in the Authority but not required for the purposes of the Authority;\n\n(e) to lease land vested in the Authority the use of which is not for the time being required by the Authority;\n\n(f) to release any easement over land;\n\n(g) to purchase or take on hire plant, machinery, equipment or other goods;\n\n(h) to dispose of plant, machinery, equipment or other goods owned by the Authority but not required by the Authority;\n\n(i) to provide transport, accommodation, provisions, medical treatment, hospital facilities and amenities for officers and employees of the Authority and their families; and\n\n(j) to do anything incidental to any of its powers.","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Power to enter land and take levels etc.","content":"##### 19 Power to enter land and take levels etc.\n\n  The Commissioner, an Associate Commissioner, an officer or employee of the Authority, or any other person authorized by the Authority so to do, may, for the purposes of this Act, without any previous notice:\n\n(a) enter upon land (including land owned or occupied by the Crown in right of a State) for the purpose of inspecting the land;\n\n(b) make surveys, take levels, sink bores, dig pits and examine the soil; and\n\n(c) do any other thing necessary for ascertaining the suitability of the land for the purposes of the Authority.","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"Power to enter and occupy land","content":"##### 20 Power to enter and occupy land\n\n  The Authority, or any person authorized by the Authority so to do, may, for the purposes of this Act:\n\n(a) after giving not less than 7 days’ notice in writing to the occupier of land (including land owned or occupied by the Crown in right of a State), enter upon and occupy that land;\n\n(b) on or from land so occupied:\n\n(i) construct, build or place any plant, machinery, equipment or goods;\n\n(ii) take sand, clay, stone, earth, gravel, timber, wood or other materials or things;\n\n(iii) make cuttings or excavations;\n\n(iv) deposit sand, clay, stone, earth, gravel, timber, wood or other materials or things;\n\n(v) erect workshops, sheds and other buildings;\n\n(vi) make roads; and\n\n(vii) manufacture and work materials of any kind; and\n\n(c) demolish, destroy or remove, on or from land so occupied, any plant, machinery, equipment, goods, workshop, shed, building or road.","sortOrder":24},{"sectionNumber":"21","sectionType":"section","heading":"Powers in respect of waters","content":"##### 21 Powers in respect of waters\n\n  The Authority may raise or lower the level of a lake, river or stream in the Snowy Mountains Area and impound, divert and use the waters of a lake, river or stream in that area.","sortOrder":25},{"sectionNumber":"Part IV","sectionType":"part","heading":"Officers and employees of the Authority","content":"An Act relating to the Construction and Operation of Works for the Generation of Hydro‑electric Power in the Snowy Mountains Area\n\nPreamble\n\nWHEREAS additional supplies of electricity are required for the purposes of defence works and undertakings:\n\nAND WHEREAS the construction of further defence works and the establishment of further defence undertakings will require additional supplies of electricity:\n\nAND WHEREAS it is desirable that provision should be made now to enable increased supplies of electricity to be immediately available in time of war:\n\nAND WHEREAS the consumption of electricity in the Australian Capital Territory and, in particular, at the Seat of Government within that Territory, is increasing and is likely to continue to increase:\n\nAND WHEREAS it is desirable that the generation of electricity for the purposes referred to in this preamble should be undertaken in such an area and in such a manner as to be least likely to suffer interruption in time of war:\n\nAND WHEREAS, by reason of the foregoing, it is desirable that provision should be made now for the generation of electricity by means of hydro‑electric works in the Snowy Mountains Area:\n\nBE it therefore enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia as follows:\n\n  \n\n## Part I—Preliminary\n\n##### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the Snowy Mountains Hydro‑electric Power Act 1949.\n\n##### 2 Commencement \\[see Note 1\\]\n\n  This Act shall come into operation on the day on which it receives the Royal Assent.\n\n##### 4 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Associate Commissioner means an Associate Commissioner holding office under this Act.\n\n> easement includes a licence or a right in the nature of an easement.\n\n> owner, in relation to any land, includes any person having an estate or interest in that land.\n\n> the Agreement means the agreement between the Commonwealth, the State of New South Wales and the State of Victoria a copy of which is set out in Schedule 1 and, except in section 5A, includes any agreement relating to the Guthega project entered into in accordance with clause 22 of the Agreement.\n\n> the Authority means the Snowy Mountains Hydro‑electric Authority.\n\n> the Commissioner means the Commissioner constituting the Authority.\n\n> the Supplemental Agreement means the agreement between the Commonwealth, the State of New South Wales and the State of Victoria a copy of which is set out in Schedule 2.\n\n##### 5 Act to bind States\n\n  This Act shall bind the Crown in right of a State.\n\n##### 5A Approval of Agreements\n\n  (1) The Agreement is approved.\n  (2) The Supplemental Agreement is approved.\n\n##### 5B Certain rights of South Australia not affected\n\n  Nothing in this Act shall be taken to affect the rights of the State of South Australia under the agreement a copy of which is set out in the Schedule to the Murray‑Darling Basin Act 1993.\n\n##### 6 The Snowy Mountains Area\n\n  (1) For the purposes of this Act, the Snowy Mountains Area shall be an area or areas of land in the south‑eastern portion of the State of New South Wales and the north‑eastern portion of the State of Victoria defined in accordance with this section.\n  (2) The Governor‑General may, by proclamation, define the boundaries of the Snowy Mountains Area and may, from time to time, by Proclamation, vary the boundaries as so defined.\n  (3) A Proclamation under this section does not operate to vary the boundaries of the Snowy Mountains Area so as to include land which was not included in that Area on 6 November 1958 unless the variation is made with the prior approval of the Governor‑in‑Council of the State of New South Wales and the Governor‑in‑Council of the State of Victoria.\n  (4) Where a Proclamation under this section making a variation in the boundaries of the Snowy Mountains Area recites the prior approval of the Governor‑in‑Council of the State of New South Wales and the Governor‑in‑Council of the State of Victoria to that variation, the recital is evidence of the approvals so recited.\n\n  \n\n## Part II—The Snowy Mountains Hydro‑electric Authority\n\n##### 7 The Snowy Mountains Hydro‑electric Authority\n\n  (1) For the purposes of this Act, there shall be an Authority to be known as the Snowy Mountains Hydro‑electric Authority.\n  (2) The Authority shall be constituted by a Commissioner, shall be a corporation sole with perpetual succession and an official seal, may acquire, hold and dispose of real and personal property and shall be capable of suing and being sued in its corporate name.\n\n> Note: Subject to section 26, the Commonwealth Authorities and Companies Act 1997 applies to the Authority. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.\n\n  (3) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Authority affixed to any document and shall presume that it was duly affixed.\n  (4) The Commissioner shall be appointed by the Governor‑General.\n\n##### 8 Associate Commissioners\n\n  (1) The Governor‑General may appoint 1 or 2 Associate Commissioners to assist the Commissioner.\n  (2) An Associate Commissioner shall give such advice and assistance to the Commissioner as the Commissioner requires and shall perform such duties as the Commissioner directs.\n\n##### 9 Tenure of office\n\n  (1) The Commissioner and each Associate Commissioner:\n\n(a) shall be appointed for a period not exceeding 7 years; and\n\n(b) may be appointed on a full‑time basis or on a part‑time basis.\n\n  (3) Where the period of appointment of the Commissioner or an Associate Commissioner has expired he shall be eligible for re‑appointment.\n\n##### 10 Remuneration\n\n  (1) The Commissioner and each Associate Commissioner shall be paid such remuneration as is determined by the Remuneration Tribunal.\n  (2) The Commissioner and each Associate Commissioner shall be paid such allowances as are prescribed.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n##### 11 Leave of absence\n\n  (1) A full‑time Commissioner and a full‑time Associate Commissioner has such recreation leave entitlements as are determined by the Remuneration Tribunal.\n  (2) The Minister may:\n\n(a) grant a full‑time Commissioner and a full‑time Associate Commissioner leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines; and\n\n(b) grant a part‑time Commissioner and a part‑time Associate Commissioner leave to be absent from a meeting or meetings of the Authority.\n\n##### 11A Disclosure of Commissioner’s interests\n\n  If the Commissioner has a material personal interest in a matter that the Authority is considering or is about to consider, he or she must give written notice of the interest to the Minister.\n\n##### 12 Dismissal of Commissioner or Associate Commissioner\n\n  The Governor‑General may terminate the appointment of the Commissioner or of an Associate Commissioner for inability, inefficiency or misbehaviour.\n\n##### 13 Vacation of office\n\n  The office of the Commissioner or of an Associate Commissioner shall be vacated:\n\n(a) if, being a full‑time Commissioner or a full‑time Associate Commissioner, he engages in any paid employment outside the duties of his office;\n\n(b) if he 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;\n\n(c) if he resigns his office by writing under his hand addressed to the Governor‑General and the resignation has been accepted;\n\n(d) if, being a full‑time Commissioner or a full‑time Associate Commissioner, he is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n\n(e) if he, in any way, otherwise than as a member, and in common with the other members, of an incorporated company consisting of not less than 25 persons:\n\n(i) becomes concerned or interested in any contract or agreement entered into by or on behalf of the Authority; or\n\n(ii) participates or claims to participate in the profit of any such contract or agreement or in any benefit or emolument arising from any such contract or agreement; or\n\n(f) if the Commissioner contravenes section 11A without reasonable excuse.\n\n##### 14 Acting Commissioner and Acting Associate Commissioner\n\n  (1) The Minister may appoint a person to act in the office of the Commissioner or the office of an Associate Commissioner:\n\n(a) during a vacancy in the office; or\n\n(b) during any period, or during all periods, when the holder of the office is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office.\n\n  (1A) A person may be appointed under paragraph (1)(a) to act in an office for an indefinite period.\n  (2) An appointment of a person under subsection (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.\n  (3) The Minister may:\n\n(a) determine the terms and conditions of appointment, including remuneration and allowances, of a person acting in an office in accordance with subsection (1); and\n\n(b) terminate such an appointment at any time.\n\n  (4) Where a person is acting in an office in accordance with paragraph (1)(b) and that office becomes vacant while that person is so acting, then, subject to subsection (2), that person may continue so to act until the Minister otherwise directs or the vacancy is filled, whichever first happens.\n  (5) The appointment of a person under subsection (1) ceases to have effect if he resigns the appointment by writing signed by him and delivered to the Minister.\n  (6) While a person is acting in an office in accordance with subsection (1), he has and may exercise all the powers, and shall perform all the functions, of that office.\n  (7) The validity of anything done by a person purporting to act under subsection (1) shall not be called in question on the ground that the occasion for his appointment had not arisen, that there is a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had ceased.\n\n##### 15 Delegation\n\n  (1) The Authority may, in relation to any particular matter or class of matters, or to any particular place, by writing under its seal, delegate to an Associate Commissioner or an officer all or any of its powers under this Act (except this power of delegation), so that the delegated powers may be exercised by the delegate with respect to the matter or class of matters, or to the place, specified in the instrument of delegation.\n  (2) Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power by the Authority.\n\n  \n\n## Part III—Functions and powers of the Authority\n\n##### 16 Functions of the Authority\n\n  (1) The functions of the Authority are:\n\n(a) with the object of assisting to ensure that adequate supplies of electricity are available, in time of war as well as in time of peace, in the States of New South Wales and Victoria and in the Australian Capital Territory for purposes necessary or conducive to the defence of the Commonwealth and for other purposes of the Commonwealth, to provide hydro‑electric works in the Snowy Mountains Area for the generation of electricity; and\n\n(b) with the object specified in paragraph (a), and as incidental to its functions related to that object, to generate, or permit the generation of, electricity in the works of the Authority and to supply, or permit the supply of, electricity generated in those works:\n\n(i) to, or as directed by, the Commonwealth for purposes of the Commonwealth and for consumption in the Australian Capital Territory; and\n\n(ii) to The Electricity Commission of New South Wales and the State Electricity Commission of Victoria or to a corporation succeeding either of those Commissions.\n\n  (2) Except as otherwise directed by the Governor‑General, the Authority may have, perform or exercise a capacity, function, power, authority or duty conferred or imposed upon it by an Act of the Parliament of the State of New South Wales or the State of Victoria.\n  (3) The Authority shall comply in all respects with the provisions of the Agreement and of the Supplemental Agreement that are applicable to it.\n\n##### 17 General powers of the Authority\n\n  (1) For the purpose of performing its functions under section 16, the Authority shall have power to construct, maintain, operate, protect, manage and control works:\n\n(a) for the collection, diversion and storage of water in the Snowy Mountains Area;\n\n(b) for the generation of electricity in that area;\n\n(c) for the transmission of electricity generated by the Authority; and\n\n(d) incidental or related to the construction, maintenance, operation, protection, management or control of any works specified in the preceding paragraphs.\n\n  (2) The Authority shall have power to construct, maintain, operate, protect, manage and control works which, in the opinion of the Authority, are necessary or desirable for the purpose of preventing or mitigating injurious effects of any works referred to in subsection (1).\n\n##### 18 Particular powers of the Authority\n\n  The Authority shall have, in addition to the powers specifically conferred upon it by this Act, such other powers as are necessary or convenient for the performance of its functions under this Act, and, in particular, and without limiting the generality of the foregoing, shall have power:\n\n(a) to purchase land;\n\n(b) to take land on lease;\n\n(c) to take easements over land;\n\n(d) to sell or otherwise dispose of land vested in the Authority but not required for the purposes of the Authority;\n\n(e) to lease land vested in the Authority the use of which is not for the time being required by the Authority;\n\n(f) to release any easement over land;\n\n(g) to purchase or take on hire plant, machinery, equipment or other goods;\n\n(h) to dispose of plant, machinery, equipment or other goods owned by the Authority but not required by the Authority;\n\n(i) to provide transport, accommodation, provisions, medical treatment, hospital facilities and amenities for officers and employees of the Authority and their families; and\n\n(j) to do anything incidental to any of its powers.\n\n##### 19 Power to enter land and take levels etc.\n\n  The Commissioner, an Associate Commissioner, an officer or employee of the Authority, or any other person authorized by the Authority so to do, may, for the purposes of this Act, without any previous notice:\n\n(a) enter upon land (including land owned or occupied by the Crown in right of a State) for the purpose of inspecting the land;\n\n(b) make surveys, take levels, sink bores, dig pits and examine the soil; and\n\n(c) do any other thing necessary for ascertaining the suitability of the land for the purposes of the Authority.\n\n##### 20 Power to enter and occupy land\n\n  The Authority, or any person authorized by the Authority so to do, may, for the purposes of this Act:\n\n(a) after giving not less than 7 days’ notice in writing to the occupier of land (including land owned or occupied by the Crown in right of a State), enter upon and occupy that land;\n\n(b) on or from land so occupied:\n\n(i) construct, build or place any plant, machinery, equipment or goods;\n\n(ii) take sand, clay, stone, earth, gravel, timber, wood or other materials or things;\n\n(iii) make cuttings or excavations;\n\n(iv) deposit sand, clay, stone, earth, gravel, timber, wood or other materials or things;\n\n(v) erect workshops, sheds and other buildings;\n\n(vi) make roads; and\n\n(vii) manufacture and work materials of any kind; and\n\n(c) demolish, destroy or remove, on or from land so occupied, any plant, machinery, equipment, goods, workshop, shed, building or road.\n\n##### 21 Powers in respect of waters\n\n  The Authority may raise or lower the level of a lake, river or stream in the Snowy Mountains Area and impound, divert and use the waters of a lake, river or stream in that area.\n\n  \n\n## Part IV—Officers and employees of the Authority\n\n##### 22 Officers and employees of Authority\n\n  (1) The Authority may appoint such officers and engage such employees as it thinks necessary for the purposes of this Act.\n  (2) The terms and conditions of service of officers appointed under subsection (1) are such as are determined by the Authority.\n  (3) The terms and conditions of employment of employees engaged under subsection (1) are such as are determined by the Authority.\n  (4) In subsections (2) and (3), terms and conditions include conditions with respect to duration of service or employment or with respect to dismissal from service or employment.\n\n##### 24 Preservation of industrial awards\n\n  Nothing in this Act prevents the making of an industrial award, order, determination or agreement under any other Act in relation to officers or employees of the Authority or affects the operation of such an award, order, determination or agreement in relation to officers or employees of the Authority.\n\n  \n\n## Part V—Finances of the Authority\n\n##### 25 Financial policy\n\n  Subject to subsection 16(3), the Authority shall pursue a policy directed towards securing revenue sufficient to meet all its expenditure properly chargeable to revenue.\n\n##### 26 Application of the Commonwealth Authorities and Companies Act 1997\n\n  (1) The Commonwealth Authorities and Companies Act 1997 (except sections 27F to 27L) applies to the Authority as if:\n\n(a) the Authority were a body corporate; and\n\n(b) the Commissioner were a director of the Authority for the purposes of that Act.\n\n  (2) For the purposes of the application of that Act to the Authority, the following persons are not directors of the Authority:\n\n(a) Associate Commissioners;\n\n(b) members of the Snowy Mountains Council referred to in clause 17 of the Agreement, except the Commissioner.\n\n##### 27 Borrowing from Commonwealth\n\n  The Minister for Finance may, on behalf of the Commonwealth, out of money appropriated by the Parliament for the purpose, lend money to the Authority on such terms and conditions as the Minister for Finance, having regard to the provisions of clause 15 of the Agreement, in writing, determines.\n\n##### 28 Borrowings otherwise than from Commonwealth\n\n  (1) The Authority may, with the approval of the Treasurer:\n\n(a) borrow money otherwise than from the Commonwealth; or\n\n(b) raise money otherwise than by borrowing;\n\n  on terms and conditions that are specified in, or consistent with, the approval.\n  (2) Without limiting the generality of subsection (1), the Authority may, under that subsection, borrow money, or raise money otherwise than by borrowing, by dealing with securities.\n  (3) A borrowing of money, or a raising of money otherwise than by borrowing, under subsection (1) may be made, in whole or in part, in a currency other than Australian currency.\n  (4) An approval may be given under subsection (1) in relation to a particular transaction or in relation to transactions included in a class of transactions.\n  (5) An approval under subsection (1) shall be given in writing.\n  (6) In this section, securities includes stocks, debentures, debenture stocks, notes, bonds, promissory notes, bills of exchange and similar instruments or documents.\n  (7) A reference in this section to dealing with securities includes a reference to:\n\n(a) creating, executing, entering into, drawing, making, accepting, endorsing, issuing, discounting, selling, purchasing or re‑selling securities;\n\n(b) creating, selling, purchasing or re‑selling rights or options in respect of securities; and\n\n(c) entering into agreements or other arrangements relating to securities.\n\n  (8) For the purposes of this section:\n\n(a) the issue by the Authority of an instrument acknowledging a debt in consideration of:\n\n(i) the payment or deposit of money; or\n\n(ii) the provision of credit;\n\notherwise than in relation to a transaction that is in the ordinary course of the day‑to‑day operations of the Authority shall be deemed to be a raising by the Authority, otherwise than by borrowing, of an amount of money equal to the amount of the money paid or deposited or the value of the credit provided, as the case may be; and\n\n(b) the obtaining of credit by the Authority otherwise than in relation to a transaction that is in the ordinary course of the day‑to‑day operations of the Authority shall be deemed to be a raising by the Authority, otherwise than by borrowing, of an amount of money equal to the value of the credit so obtained.\n\n##### 28A Guarantee of borrowings by Authority\n\n  (1) The Treasurer may, on behalf of the Commonwealth, enter into a contract:\n\n(a) guaranteeing the repayment by the Authority of money borrowed under paragraph 28(1)(a) and the payment by the Authority of interest (including any interest on that interest) on money so borrowed; or\n\n(b) guaranteeing the payment by the Authority of such amounts (which may be interest) that the Authority is liable to pay with respect to money raised under paragraph 28(1)(b) as are specified in the contract.\n\n  (2) The Treasurer may, in writing, determine:\n\n(a) that the repayment by the Authority of money borrowed under paragraph 28(1)(a), and the payment by the Authority of interest (including any interest on that interest) on money so borrowed, are guaranteed by the Commonwealth; or\n\n(b) that the payment by the Authority of such money (which may be interest) that the Authority is liable to pay with respect to money raised under paragraph 28(1)(b) as is specified in the determination is guaranteed by the Commonwealth;\n\n  and, where the Treasurer makes such a determination, the repayment of that money and the payment of that interest are, or the payment of that money is, by force of this subsection, guaranteed by the Commonwealth.\n  (3) A contract may be entered into under subsection (1), and a determination may be made under subsection (2), in relation to a particular transaction or in relation to transactions included in a class of transactions.\n  (4) A contract entered into under subsection (1) may include either or both of the following provisions:\n\n(a) a provision agreeing, on behalf of the Commonwealth, that proceedings under the contract may be taken in the courts, or a specified court, of a country other than Australia;\n\n(b) a provision waiving, on behalf of the Commonwealth, the immunity of the Commonwealth from suit in the courts, or a specified court, of a country other than Australia in relation to any proceedings that may be taken under the contract.\n\n  (5) Where a borrowing under paragraph 28(1)(a) is by the issue of prescribed securities, the repayment by the Authority of the money so borrowed and the payment of interest on that money are, by force of this subsection, guaranteed by the Commonwealth.\n\n##### 28B Authority may give security\n\n  The Authority may give security over the whole or any part of its land or other assets for:\n\n(a) the repayment by the Authority of money borrowed by the Authority under section 27 or paragraph 28(1)(a) and the payment by the Authority of interest (including any interest on that interest) on money so borrowed;\n\n(b) the payment by the Authority of amounts (including any interest) that the Authority is liable to pay with respect to money raised by the Authority under paragraph 28(1)(b); or\n\n(c) the payment to the Commonwealth of amounts equal to any amounts that the Commonwealth may become liable to pay under a contract entered into under subsection 28A(1) or a determination made under subsection 28A(2).\n\n##### 29 Borrowings not otherwise permitted\n\n  The Authority shall not borrow money, or raise money otherwise than by borrowing, except in accordance with sections 27 and 28.\n\n##### 29A Delegation by Treasurer\n\n  (1) The Treasurer may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Treasurer, delegate to a person holding or performing the duties of an office in the Department of the Treasury all or any of the powers of the Treasurer under sections 28 and 28A.\n  (2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Part, be deemed to have been exercised by the Treasurer.\n  (3) A delegate is, in the exercise of a power so delegated, subject to the directions of the Treasurer.\n  (4) A delegation under subsection (1) does not prevent the exercise of a power by the Treasurer.\n\n##### 30 Application of moneys\n\n  (1) Subject to subsection (2) and to section 19 of the Commonwealth Authorities and Companies Act 1997, the moneys of the Authority may be applied by the Authority:\n\n(a) in payment or discharge of the costs, expenses or other obligations of the Authority; and\n\n(b) in payment of remuneration and allowances payable to any person appointed under this Act or employed by the Authority under this Act or any other law;\n\n  and not otherwise.\n  (2) Moneys of the Authority to which paragraph (j) of sub‑clause (2) of clause 15 of the Agreement applies may be invested in accordance with that paragraph and not otherwise.\n  (3) The Treasurer may, on behalf of the Commonwealth, accept deposits made by the Authority in accordance with subsection (2), and pay or credit interest on those deposits to the Authority in accordance with the Agreement.\n\n##### 30B Liability to taxation\n\n  (1) Except as otherwise provided by or under another Act (whether passed before or after the commencement of this Act), the Authority is subject to taxation under the laws of the Commonwealth.\n  (2) Subject to subsection (3), the Authority is not subject to taxation under a law of a State or of a Territory.\n  (3) The regulations may provide that subsection (2) does not apply in relation to taxation under a specified law of a State or Territory.\n  (4) Stamp duty or any similar tax is not payable under a law of the Commonwealth or of a State or Territory in respect of:\n\n(a) a security issued by the Authority;\n\n(b) the issue, redemption, transfer, sale or purchase of such a security, not including a transaction entered into without consideration or for an inadequate consideration; or\n\n(c) any document executed by or on behalf of the Authority, or any transaction, in relation to the borrowing of moneys by the Authority.\n\n##### 31 Contracts\n\n  (1) The Authority may not, without the approval of the Minister, enter into a contract involving the payment or receipt of an amount exceeding $2,000,000.\n  (2) Subsection (1) does not apply to investments of surplus money of the Authority under section 19 of the Commonwealth Authorities and Companies Act 1997.\n\n## Part VA—Reports\n\n  \n\n## Part VI—Miscellaneous\n\n##### 33 Authority in execution of works to do as little damage as possible\n\n  (1) In the exercise of its powers under this Act, the Authority shall cause as little detriment and inconvenience and do as little damage as possible.\n  (2) Where the owner of land in the Snowy Mountains Area is injuriously affected by the exercise, in relation to that land, of any of the powers conferred by this Act, compensation shall be paid by the Authority.\n  (3) Where land (whether within or without the Snowy Mountains Area) is entered or occupied in pursuance of section 20, the Authority shall be liable to pay compensation to the owner or occupier of the land, or to both, as the case requires, and the compensation so payable shall include compensation in respect of:\n\n(a) damage of a temporary character as well as of a permanent character; and\n\n(b) the taking of sand, clay, stone, earth, gravel, timber, wood, materials or things by the Authority.\n\n  (3A) If the owner of land along the Upper Murray or along the Lower Tumut suffers loss by flooding from temporary works of the Authority in relation to that land, the Authority shall be liable to pay compensation to the owner.\n  (3B) In subsection (3A), loss by flooding from temporary works of the Authority means loss directly resulting from the raising of the level of the Upper Murray or of the Lower Tumut by the discharge of waters from works of the Authority other than permanent works of the Authority.\n  (3C) Expressions used in subsections (3A) and (3B) (other than the expression loss by flooding) which are defined in the Agreement or the Supplemental Agreement have the same meanings as in the Agreement or the Supplemental Agreement, as the case may be.\n  (3D) For the purposes of rights to compensation under this section, where anything has been done by, or under the authority of, the Authority and the doing of that thing was authorized both by this Act and by a State Act, that thing shall be conclusively presumed, as against the Authority, to have been done in pursuance of this Act.\n  (3E) Nothing in this section shall be construed as excluding or limiting any liability of the Authority apart from this section in respect of a matter in relation to which compensation is not payable under this section.\n  (4) Part VIII of the Lands Acquisition Act 1989 applies in relation to the determination of compensation under this Part as if anything done by the Authority under this Act had been done under Part III of the Lands Acquisition Act 1989.\n\n##### 36 Arrangements with States etc.\n\n  The Authority may arrange with a Minister of State or authority of the Commonwealth or of a State for the performance by that Minister or authority of any work on behalf of the Authority.\n\n##### 37 Works of Authority not to be injuriously affected\n\n  (1) Except as prescribed, a person shall not, in the Snowy Mountains Area, carry out any work, or make any use of the water in a lake, river or stream, whereby any works, or proposed works, of the Authority, or the use, or proposed use, of water in the works of the Authority, is or may be injuriously affected or interfered with.\n  (2) Without prejudice to any civil remedy available to the Authority, a person who contravenes subsection (1) is guilty of an offence against this section.\n  (3) An offence against this section may be prosecuted either summarily or upon indictment.\n  (4) The punishment for an offence against this section is:\n\n(a) where the offence is prosecuted summarily—a fine not exceeding $200; or\n\n(b) where the offence is prosecuted upon indictment—a fine not exceeding $1,000 or imprisonment for a term not exceeding 1 year.\n\n  (5) Nothing in this section shall be deemed to prevent or affect the operation of a provision in a law of a State prohibiting any acts which are also prohibited by this section.\n\n##### 38 Discharge of water\n\n  Any water used by the Authority for the generation of electricity shall be discharged into a lake, river or stream in the Snowy Mountains Area.\n\n##### 41 Regulations\n\n  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 and, in particular, for prescribing penalties not exceeding a fine of $100 or imprisonment for a period not exceeding 3 months, or both, for offences against the regulations.","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Officers and employees of Authority","content":"##### 22 Officers and employees of Authority\n\n  (1) The Authority may appoint such officers and engage such employees as it thinks necessary for the purposes of this Act.\n  (2) The terms and conditions of service of officers appointed under subsection (1) are such as are determined by the Authority.\n  (3) The terms and conditions of employment of employees engaged under subsection (1) are such as are determined by the Authority.\n  (4) In subsections (2) and (3), terms and conditions include conditions with respect to duration of service or employment or with respect to dismissal from service or employment.","sortOrder":27},{"sectionNumber":"24","sectionType":"section","heading":"Preservation of industrial awards","content":"##### 24 Preservation of industrial awards\n\n  Nothing in this Act prevents the making of an industrial award, order, determination or agreement under any other Act in relation to officers or employees of the Authority or affects the operation of such an award, order, determination or agreement in relation to officers or employees of the Authority.","sortOrder":28},{"sectionNumber":"Part V","sectionType":"part","heading":"Finances of the Authority","content":"An Act relating to the Construction and Operation of Works for the Generation of Hydro‑electric Power in the Snowy Mountains Area\n\nPreamble\n\nWHEREAS additional supplies of electricity are required for the purposes of defence works and undertakings:\n\nAND WHEREAS the construction of further defence works and the establishment of further defence undertakings will require additional supplies of electricity:\n\nAND WHEREAS it is desirable that provision should be made now to enable increased supplies of electricity to be immediately available in time of war:\n\nAND WHEREAS the consumption of electricity in the Australian Capital Territory and, in particular, at the Seat of Government within that Territory, is increasing and is likely to continue to increase:\n\nAND WHEREAS it is desirable that the generation of electricity for the purposes referred to in this preamble should be undertaken in such an area and in such a manner as to be least likely to suffer interruption in time of war:\n\nAND WHEREAS, by reason of the foregoing, it is desirable that provision should be made now for the generation of electricity by means of hydro‑electric works in the Snowy Mountains Area:\n\nBE it therefore enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia as follows:\n\n  \n\n## Part I—Preliminary\n\n##### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the Snowy Mountains Hydro‑electric Power Act 1949.\n\n##### 2 Commencement \\[see Note 1\\]\n\n  This Act shall come into operation on the day on which it receives the Royal Assent.\n\n##### 4 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Associate Commissioner means an Associate Commissioner holding office under this Act.\n\n> easement includes a licence or a right in the nature of an easement.\n\n> owner, in relation to any land, includes any person having an estate or interest in that land.\n\n> the Agreement means the agreement between the Commonwealth, the State of New South Wales and the State of Victoria a copy of which is set out in Schedule 1 and, except in section 5A, includes any agreement relating to the Guthega project entered into in accordance with clause 22 of the Agreement.\n\n> the Authority means the Snowy Mountains Hydro‑electric Authority.\n\n> the Commissioner means the Commissioner constituting the Authority.\n\n> the Supplemental Agreement means the agreement between the Commonwealth, the State of New South Wales and the State of Victoria a copy of which is set out in Schedule 2.\n\n##### 5 Act to bind States\n\n  This Act shall bind the Crown in right of a State.\n\n##### 5A Approval of Agreements\n\n  (1) The Agreement is approved.\n  (2) The Supplemental Agreement is approved.\n\n##### 5B Certain rights of South Australia not affected\n\n  Nothing in this Act shall be taken to affect the rights of the State of South Australia under the agreement a copy of which is set out in the Schedule to the Murray‑Darling Basin Act 1993.\n\n##### 6 The Snowy Mountains Area\n\n  (1) For the purposes of this Act, the Snowy Mountains Area shall be an area or areas of land in the south‑eastern portion of the State of New South Wales and the north‑eastern portion of the State of Victoria defined in accordance with this section.\n  (2) The Governor‑General may, by proclamation, define the boundaries of the Snowy Mountains Area and may, from time to time, by Proclamation, vary the boundaries as so defined.\n  (3) A Proclamation under this section does not operate to vary the boundaries of the Snowy Mountains Area so as to include land which was not included in that Area on 6 November 1958 unless the variation is made with the prior approval of the Governor‑in‑Council of the State of New South Wales and the Governor‑in‑Council of the State of Victoria.\n  (4) Where a Proclamation under this section making a variation in the boundaries of the Snowy Mountains Area recites the prior approval of the Governor‑in‑Council of the State of New South Wales and the Governor‑in‑Council of the State of Victoria to that variation, the recital is evidence of the approvals so recited.\n\n  \n\n## Part II—The Snowy Mountains Hydro‑electric Authority\n\n##### 7 The Snowy Mountains Hydro‑electric Authority\n\n  (1) For the purposes of this Act, there shall be an Authority to be known as the Snowy Mountains Hydro‑electric Authority.\n  (2) The Authority shall be constituted by a Commissioner, shall be a corporation sole with perpetual succession and an official seal, may acquire, hold and dispose of real and personal property and shall be capable of suing and being sued in its corporate name.\n\n> Note: Subject to section 26, the Commonwealth Authorities and Companies Act 1997 applies to the Authority. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.\n\n  (3) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Authority affixed to any document and shall presume that it was duly affixed.\n  (4) The Commissioner shall be appointed by the Governor‑General.\n\n##### 8 Associate Commissioners\n\n  (1) The Governor‑General may appoint 1 or 2 Associate Commissioners to assist the Commissioner.\n  (2) An Associate Commissioner shall give such advice and assistance to the Commissioner as the Commissioner requires and shall perform such duties as the Commissioner directs.\n\n##### 9 Tenure of office\n\n  (1) The Commissioner and each Associate Commissioner:\n\n(a) shall be appointed for a period not exceeding 7 years; and\n\n(b) may be appointed on a full‑time basis or on a part‑time basis.\n\n  (3) Where the period of appointment of the Commissioner or an Associate Commissioner has expired he shall be eligible for re‑appointment.\n\n##### 10 Remuneration\n\n  (1) The Commissioner and each Associate Commissioner shall be paid such remuneration as is determined by the Remuneration Tribunal.\n  (2) The Commissioner and each Associate Commissioner shall be paid such allowances as are prescribed.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n##### 11 Leave of absence\n\n  (1) A full‑time Commissioner and a full‑time Associate Commissioner has such recreation leave entitlements as are determined by the Remuneration Tribunal.\n  (2) The Minister may:\n\n(a) grant a full‑time Commissioner and a full‑time Associate Commissioner leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines; and\n\n(b) grant a part‑time Commissioner and a part‑time Associate Commissioner leave to be absent from a meeting or meetings of the Authority.\n\n##### 11A Disclosure of Commissioner’s interests\n\n  If the Commissioner has a material personal interest in a matter that the Authority is considering or is about to consider, he or she must give written notice of the interest to the Minister.\n\n##### 12 Dismissal of Commissioner or Associate Commissioner\n\n  The Governor‑General may terminate the appointment of the Commissioner or of an Associate Commissioner for inability, inefficiency or misbehaviour.\n\n##### 13 Vacation of office\n\n  The office of the Commissioner or of an Associate Commissioner shall be vacated:\n\n(a) if, being a full‑time Commissioner or a full‑time Associate Commissioner, he engages in any paid employment outside the duties of his office;\n\n(b) if he 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;\n\n(c) if he resigns his office by writing under his hand addressed to the Governor‑General and the resignation has been accepted;\n\n(d) if, being a full‑time Commissioner or a full‑time Associate Commissioner, he is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n\n(e) if he, in any way, otherwise than as a member, and in common with the other members, of an incorporated company consisting of not less than 25 persons:\n\n(i) becomes concerned or interested in any contract or agreement entered into by or on behalf of the Authority; or\n\n(ii) participates or claims to participate in the profit of any such contract or agreement or in any benefit or emolument arising from any such contract or agreement; or\n\n(f) if the Commissioner contravenes section 11A without reasonable excuse.\n\n##### 14 Acting Commissioner and Acting Associate Commissioner\n\n  (1) The Minister may appoint a person to act in the office of the Commissioner or the office of an Associate Commissioner:\n\n(a) during a vacancy in the office; or\n\n(b) during any period, or during all periods, when the holder of the office is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office.\n\n  (1A) A person may be appointed under paragraph (1)(a) to act in an office for an indefinite period.\n  (2) An appointment of a person under subsection (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.\n  (3) The Minister may:\n\n(a) determine the terms and conditions of appointment, including remuneration and allowances, of a person acting in an office in accordance with subsection (1); and\n\n(b) terminate such an appointment at any time.\n\n  (4) Where a person is acting in an office in accordance with paragraph (1)(b) and that office becomes vacant while that person is so acting, then, subject to subsection (2), that person may continue so to act until the Minister otherwise directs or the vacancy is filled, whichever first happens.\n  (5) The appointment of a person under subsection (1) ceases to have effect if he resigns the appointment by writing signed by him and delivered to the Minister.\n  (6) While a person is acting in an office in accordance with subsection (1), he has and may exercise all the powers, and shall perform all the functions, of that office.\n  (7) The validity of anything done by a person purporting to act under subsection (1) shall not be called in question on the ground that the occasion for his appointment had not arisen, that there is a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had ceased.\n\n##### 15 Delegation\n\n  (1) The Authority may, in relation to any particular matter or class of matters, or to any particular place, by writing under its seal, delegate to an Associate Commissioner or an officer all or any of its powers under this Act (except this power of delegation), so that the delegated powers may be exercised by the delegate with respect to the matter or class of matters, or to the place, specified in the instrument of delegation.\n  (2) Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power by the Authority.\n\n  \n\n## Part III—Functions and powers of the Authority\n\n##### 16 Functions of the Authority\n\n  (1) The functions of the Authority are:\n\n(a) with the object of assisting to ensure that adequate supplies of electricity are available, in time of war as well as in time of peace, in the States of New South Wales and Victoria and in the Australian Capital Territory for purposes necessary or conducive to the defence of the Commonwealth and for other purposes of the Commonwealth, to provide hydro‑electric works in the Snowy Mountains Area for the generation of electricity; and\n\n(b) with the object specified in paragraph (a), and as incidental to its functions related to that object, to generate, or permit the generation of, electricity in the works of the Authority and to supply, or permit the supply of, electricity generated in those works:\n\n(i) to, or as directed by, the Commonwealth for purposes of the Commonwealth and for consumption in the Australian Capital Territory; and\n\n(ii) to The Electricity Commission of New South Wales and the State Electricity Commission of Victoria or to a corporation succeeding either of those Commissions.\n\n  (2) Except as otherwise directed by the Governor‑General, the Authority may have, perform or exercise a capacity, function, power, authority or duty conferred or imposed upon it by an Act of the Parliament of the State of New South Wales or the State of Victoria.\n  (3) The Authority shall comply in all respects with the provisions of the Agreement and of the Supplemental Agreement that are applicable to it.\n\n##### 17 General powers of the Authority\n\n  (1) For the purpose of performing its functions under section 16, the Authority shall have power to construct, maintain, operate, protect, manage and control works:\n\n(a) for the collection, diversion and storage of water in the Snowy Mountains Area;\n\n(b) for the generation of electricity in that area;\n\n(c) for the transmission of electricity generated by the Authority; and\n\n(d) incidental or related to the construction, maintenance, operation, protection, management or control of any works specified in the preceding paragraphs.\n\n  (2) The Authority shall have power to construct, maintain, operate, protect, manage and control works which, in the opinion of the Authority, are necessary or desirable for the purpose of preventing or mitigating injurious effects of any works referred to in subsection (1).\n\n##### 18 Particular powers of the Authority\n\n  The Authority shall have, in addition to the powers specifically conferred upon it by this Act, such other powers as are necessary or convenient for the performance of its functions under this Act, and, in particular, and without limiting the generality of the foregoing, shall have power:\n\n(a) to purchase land;\n\n(b) to take land on lease;\n\n(c) to take easements over land;\n\n(d) to sell or otherwise dispose of land vested in the Authority but not required for the purposes of the Authority;\n\n(e) to lease land vested in the Authority the use of which is not for the time being required by the Authority;\n\n(f) to release any easement over land;\n\n(g) to purchase or take on hire plant, machinery, equipment or other goods;\n\n(h) to dispose of plant, machinery, equipment or other goods owned by the Authority but not required by the Authority;\n\n(i) to provide transport, accommodation, provisions, medical treatment, hospital facilities and amenities for officers and employees of the Authority and their families; and\n\n(j) to do anything incidental to any of its powers.\n\n##### 19 Power to enter land and take levels etc.\n\n  The Commissioner, an Associate Commissioner, an officer or employee of the Authority, or any other person authorized by the Authority so to do, may, for the purposes of this Act, without any previous notice:\n\n(a) enter upon land (including land owned or occupied by the Crown in right of a State) for the purpose of inspecting the land;\n\n(b) make surveys, take levels, sink bores, dig pits and examine the soil; and\n\n(c) do any other thing necessary for ascertaining the suitability of the land for the purposes of the Authority.\n\n##### 20 Power to enter and occupy land\n\n  The Authority, or any person authorized by the Authority so to do, may, for the purposes of this Act:\n\n(a) after giving not less than 7 days’ notice in writing to the occupier of land (including land owned or occupied by the Crown in right of a State), enter upon and occupy that land;\n\n(b) on or from land so occupied:\n\n(i) construct, build or place any plant, machinery, equipment or goods;\n\n(ii) take sand, clay, stone, earth, gravel, timber, wood or other materials or things;\n\n(iii) make cuttings or excavations;\n\n(iv) deposit sand, clay, stone, earth, gravel, timber, wood or other materials or things;\n\n(v) erect workshops, sheds and other buildings;\n\n(vi) make roads; and\n\n(vii) manufacture and work materials of any kind; and\n\n(c) demolish, destroy or remove, on or from land so occupied, any plant, machinery, equipment, goods, workshop, shed, building or road.\n\n##### 21 Powers in respect of waters\n\n  The Authority may raise or lower the level of a lake, river or stream in the Snowy Mountains Area and impound, divert and use the waters of a lake, river or stream in that area.\n\n  \n\n## Part IV—Officers and employees of the Authority\n\n##### 22 Officers and employees of Authority\n\n  (1) The Authority may appoint such officers and engage such employees as it thinks necessary for the purposes of this Act.\n  (2) The terms and conditions of service of officers appointed under subsection (1) are such as are determined by the Authority.\n  (3) The terms and conditions of employment of employees engaged under subsection (1) are such as are determined by the Authority.\n  (4) In subsections (2) and (3), terms and conditions include conditions with respect to duration of service or employment or with respect to dismissal from service or employment.\n\n##### 24 Preservation of industrial awards\n\n  Nothing in this Act prevents the making of an industrial award, order, determination or agreement under any other Act in relation to officers or employees of the Authority or affects the operation of such an award, order, determination or agreement in relation to officers or employees of the Authority.\n\n  \n\n## Part V—Finances of the Authority\n\n##### 25 Financial policy\n\n  Subject to subsection 16(3), the Authority shall pursue a policy directed towards securing revenue sufficient to meet all its expenditure properly chargeable to revenue.\n\n##### 26 Application of the Commonwealth Authorities and Companies Act 1997\n\n  (1) The Commonwealth Authorities and Companies Act 1997 (except sections 27F to 27L) applies to the Authority as if:\n\n(a) the Authority were a body corporate; and\n\n(b) the Commissioner were a director of the Authority for the purposes of that Act.\n\n  (2) For the purposes of the application of that Act to the Authority, the following persons are not directors of the Authority:\n\n(a) Associate Commissioners;\n\n(b) members of the Snowy Mountains Council referred to in clause 17 of the Agreement, except the Commissioner.\n\n##### 27 Borrowing from Commonwealth\n\n  The Minister for Finance may, on behalf of the Commonwealth, out of money appropriated by the Parliament for the purpose, lend money to the Authority on such terms and conditions as the Minister for Finance, having regard to the provisions of clause 15 of the Agreement, in writing, determines.\n\n##### 28 Borrowings otherwise than from Commonwealth\n\n  (1) The Authority may, with the approval of the Treasurer:\n\n(a) borrow money otherwise than from the Commonwealth; or\n\n(b) raise money otherwise than by borrowing;\n\n  on terms and conditions that are specified in, or consistent with, the approval.\n  (2) Without limiting the generality of subsection (1), the Authority may, under that subsection, borrow money, or raise money otherwise than by borrowing, by dealing with securities.\n  (3) A borrowing of money, or a raising of money otherwise than by borrowing, under subsection (1) may be made, in whole or in part, in a currency other than Australian currency.\n  (4) An approval may be given under subsection (1) in relation to a particular transaction or in relation to transactions included in a class of transactions.\n  (5) An approval under subsection (1) shall be given in writing.\n  (6) In this section, securities includes stocks, debentures, debenture stocks, notes, bonds, promissory notes, bills of exchange and similar instruments or documents.\n  (7) A reference in this section to dealing with securities includes a reference to:\n\n(a) creating, executing, entering into, drawing, making, accepting, endorsing, issuing, discounting, selling, purchasing or re‑selling securities;\n\n(b) creating, selling, purchasing or re‑selling rights or options in respect of securities; and\n\n(c) entering into agreements or other arrangements relating to securities.\n\n  (8) For the purposes of this section:\n\n(a) the issue by the Authority of an instrument acknowledging a debt in consideration of:\n\n(i) the payment or deposit of money; or\n\n(ii) the provision of credit;\n\notherwise than in relation to a transaction that is in the ordinary course of the day‑to‑day operations of the Authority shall be deemed to be a raising by the Authority, otherwise than by borrowing, of an amount of money equal to the amount of the money paid or deposited or the value of the credit provided, as the case may be; and\n\n(b) the obtaining of credit by the Authority otherwise than in relation to a transaction that is in the ordinary course of the day‑to‑day operations of the Authority shall be deemed to be a raising by the Authority, otherwise than by borrowing, of an amount of money equal to the value of the credit so obtained.\n\n##### 28A Guarantee of borrowings by Authority\n\n  (1) The Treasurer may, on behalf of the Commonwealth, enter into a contract:\n\n(a) guaranteeing the repayment by the Authority of money borrowed under paragraph 28(1)(a) and the payment by the Authority of interest (including any interest on that interest) on money so borrowed; or\n\n(b) guaranteeing the payment by the Authority of such amounts (which may be interest) that the Authority is liable to pay with respect to money raised under paragraph 28(1)(b) as are specified in the contract.\n\n  (2) The Treasurer may, in writing, determine:\n\n(a) that the repayment by the Authority of money borrowed under paragraph 28(1)(a), and the payment by the Authority of interest (including any interest on that interest) on money so borrowed, are guaranteed by the Commonwealth; or\n\n(b) that the payment by the Authority of such money (which may be interest) that the Authority is liable to pay with respect to money raised under paragraph 28(1)(b) as is specified in the determination is guaranteed by the Commonwealth;\n\n  and, where the Treasurer makes such a determination, the repayment of that money and the payment of that interest are, or the payment of that money is, by force of this subsection, guaranteed by the Commonwealth.\n  (3) A contract may be entered into under subsection (1), and a determination may be made under subsection (2), in relation to a particular transaction or in relation to transactions included in a class of transactions.\n  (4) A contract entered into under subsection (1) may include either or both of the following provisions:\n\n(a) a provision agreeing, on behalf of the Commonwealth, that proceedings under the contract may be taken in the courts, or a specified court, of a country other than Australia;\n\n(b) a provision waiving, on behalf of the Commonwealth, the immunity of the Commonwealth from suit in the courts, or a specified court, of a country other than Australia in relation to any proceedings that may be taken under the contract.\n\n  (5) Where a borrowing under paragraph 28(1)(a) is by the issue of prescribed securities, the repayment by the Authority of the money so borrowed and the payment of interest on that money are, by force of this subsection, guaranteed by the Commonwealth.\n\n##### 28B Authority may give security\n\n  The Authority may give security over the whole or any part of its land or other assets for:\n\n(a) the repayment by the Authority of money borrowed by the Authority under section 27 or paragraph 28(1)(a) and the payment by the Authority of interest (including any interest on that interest) on money so borrowed;\n\n(b) the payment by the Authority of amounts (including any interest) that the Authority is liable to pay with respect to money raised by the Authority under paragraph 28(1)(b); or\n\n(c) the payment to the Commonwealth of amounts equal to any amounts that the Commonwealth may become liable to pay under a contract entered into under subsection 28A(1) or a determination made under subsection 28A(2).\n\n##### 29 Borrowings not otherwise permitted\n\n  The Authority shall not borrow money, or raise money otherwise than by borrowing, except in accordance with sections 27 and 28.\n\n##### 29A Delegation by Treasurer\n\n  (1) The Treasurer may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Treasurer, delegate to a person holding or performing the duties of an office in the Department of the Treasury all or any of the powers of the Treasurer under sections 28 and 28A.\n  (2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Part, be deemed to have been exercised by the Treasurer.\n  (3) A delegate is, in the exercise of a power so delegated, subject to the directions of the Treasurer.\n  (4) A delegation under subsection (1) does not prevent the exercise of a power by the Treasurer.\n\n##### 30 Application of moneys\n\n  (1) Subject to subsection (2) and to section 19 of the Commonwealth Authorities and Companies Act 1997, the moneys of the Authority may be applied by the Authority:\n\n(a) in payment or discharge of the costs, expenses or other obligations of the Authority; and\n\n(b) in payment of remuneration and allowances payable to any person appointed under this Act or employed by the Authority under this Act or any other law;\n\n  and not otherwise.\n  (2) Moneys of the Authority to which paragraph (j) of sub‑clause (2) of clause 15 of the Agreement applies may be invested in accordance with that paragraph and not otherwise.\n  (3) The Treasurer may, on behalf of the Commonwealth, accept deposits made by the Authority in accordance with subsection (2), and pay or credit interest on those deposits to the Authority in accordance with the Agreement.\n\n##### 30B Liability to taxation\n\n  (1) Except as otherwise provided by or under another Act (whether passed before or after the commencement of this Act), the Authority is subject to taxation under the laws of the Commonwealth.\n  (2) Subject to subsection (3), the Authority is not subject to taxation under a law of a State or of a Territory.\n  (3) The regulations may provide that subsection (2) does not apply in relation to taxation under a specified law of a State or Territory.\n  (4) Stamp duty or any similar tax is not payable under a law of the Commonwealth or of a State or Territory in respect of:\n\n(a) a security issued by the Authority;\n\n(b) the issue, redemption, transfer, sale or purchase of such a security, not including a transaction entered into without consideration or for an inadequate consideration; or\n\n(c) any document executed by or on behalf of the Authority, or any transaction, in relation to the borrowing of moneys by the Authority.\n\n##### 31 Contracts\n\n  (1) The Authority may not, without the approval of the Minister, enter into a contract involving the payment or receipt of an amount exceeding $2,000,000.\n  (2) Subsection (1) does not apply to investments of surplus money of the Authority under section 19 of the Commonwealth Authorities and Companies Act 1997.\n\n## Part VA—Reports\n\n  \n\n## Part VI—Miscellaneous\n\n##### 33 Authority in execution of works to do as little damage as possible\n\n  (1) In the exercise of its powers under this Act, the Authority shall cause as little detriment and inconvenience and do as little damage as possible.\n  (2) Where the owner of land in the Snowy Mountains Area is injuriously affected by the exercise, in relation to that land, of any of the powers conferred by this Act, compensation shall be paid by the Authority.\n  (3) Where land (whether within or without the Snowy Mountains Area) is entered or occupied in pursuance of section 20, the Authority shall be liable to pay compensation to the owner or occupier of the land, or to both, as the case requires, and the compensation so payable shall include compensation in respect of:\n\n(a) damage of a temporary character as well as of a permanent character; and\n\n(b) the taking of sand, clay, stone, earth, gravel, timber, wood, materials or things by the Authority.\n\n  (3A) If the owner of land along the Upper Murray or along the Lower Tumut suffers loss by flooding from temporary works of the Authority in relation to that land, the Authority shall be liable to pay compensation to the owner.\n  (3B) In subsection (3A), loss by flooding from temporary works of the Authority means loss directly resulting from the raising of the level of the Upper Murray or of the Lower Tumut by the discharge of waters from works of the Authority other than permanent works of the Authority.\n  (3C) Expressions used in subsections (3A) and (3B) (other than the expression loss by flooding) which are defined in the Agreement or the Supplemental Agreement have the same meanings as in the Agreement or the Supplemental Agreement, as the case may be.\n  (3D) For the purposes of rights to compensation under this section, where anything has been done by, or under the authority of, the Authority and the doing of that thing was authorized both by this Act and by a State Act, that thing shall be conclusively presumed, as against the Authority, to have been done in pursuance of this Act.\n  (3E) Nothing in this section shall be construed as excluding or limiting any liability of the Authority apart from this section in respect of a matter in relation to which compensation is not payable under this section.\n  (4) Part VIII of the Lands Acquisition Act 1989 applies in relation to the determination of compensation under this Part as if anything done by the Authority under this Act had been done under Part III of the Lands Acquisition Act 1989.\n\n##### 36 Arrangements with States etc.\n\n  The Authority may arrange with a Minister of State or authority of the Commonwealth or of a State for the performance by that Minister or authority of any work on behalf of the Authority.\n\n##### 37 Works of Authority not to be injuriously affected\n\n  (1) Except as prescribed, a person shall not, in the Snowy Mountains Area, carry out any work, or make any use of the water in a lake, river or stream, whereby any works, or proposed works, of the Authority, or the use, or proposed use, of water in the works of the Authority, is or may be injuriously affected or interfered with.\n  (2) Without prejudice to any civil remedy available to the Authority, a person who contravenes subsection (1) is guilty of an offence against this section.\n  (3) An offence against this section may be prosecuted either summarily or upon indictment.\n  (4) The punishment for an offence against this section is:\n\n(a) where the offence is prosecuted summarily—a fine not exceeding $200; or\n\n(b) where the offence is prosecuted upon indictment—a fine not exceeding $1,000 or imprisonment for a term not exceeding 1 year.\n\n  (5) Nothing in this section shall be deemed to prevent or affect the operation of a provision in a law of a State prohibiting any acts which are also prohibited by this section.\n\n##### 38 Discharge of water\n\n  Any water used by the Authority for the generation of electricity shall be discharged into a lake, river or stream in the Snowy Mountains Area.\n\n##### 41 Regulations\n\n  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 and, in particular, for prescribing penalties not exceeding a fine of $100 or imprisonment for a period not exceeding 3 months, or both, for offences against the regulations.","sortOrder":29},{"sectionNumber":"25","sectionType":"section","heading":"Financial policy","content":"##### 25 Financial policy\n\n  Subject to subsection 16(3), the Authority shall pursue a policy directed towards securing revenue sufficient to meet all its expenditure properly chargeable to revenue.","sortOrder":30},{"sectionNumber":"26","sectionType":"section","heading":"Application of the Commonwealth Authorities and Companies Act 1997","content":"##### 26 Application of the Commonwealth Authorities and Companies Act 1997\n\n  (1) The Commonwealth Authorities and Companies Act 1997 (except sections 27F to 27L) applies to the Authority as if:\n\n(a) the Authority were a body corporate; and\n\n(b) the Commissioner were a director of the Authority for the purposes of that Act.\n\n  (2) For the purposes of the application of that Act to the Authority, the following persons are not directors of the Authority:\n\n(a) Associate Commissioners;\n\n(b) members of the Snowy Mountains Council referred to in clause 17 of the Agreement, except the Commissioner.","sortOrder":31},{"sectionNumber":"27","sectionType":"section","heading":"Borrowing from Commonwealth","content":"##### 27 Borrowing from Commonwealth\n\n  The Minister for Finance may, on behalf of the Commonwealth, out of money appropriated by the Parliament for the purpose, lend money to the Authority on such terms and conditions as the Minister for Finance, having regard to the provisions of clause 15 of the Agreement, in writing, determines.","sortOrder":32},{"sectionNumber":"28","sectionType":"section","heading":"Borrowings otherwise than from Commonwealth","content":"##### 28 Borrowings otherwise than from Commonwealth\n\n  (1) The Authority may, with the approval of the Treasurer:\n\n(a) borrow money otherwise than from the Commonwealth; or\n\n(b) raise money otherwise than by borrowing;\n\n  on terms and conditions that are specified in, or consistent with, the approval.\n  (2) Without limiting the generality of subsection (1), the Authority may, under that subsection, borrow money, or raise money otherwise than by borrowing, by dealing with securities.\n  (3) A borrowing of money, or a raising of money otherwise than by borrowing, under subsection (1) may be made, in whole or in part, in a currency other than Australian currency.\n  (4) An approval may be given under subsection (1) in relation to a particular transaction or in relation to transactions included in a class of transactions.\n  (5) An approval under subsection (1) shall be given in writing.\n  (6) In this section, securities includes stocks, debentures, debenture stocks, notes, bonds, promissory notes, bills of exchange and similar instruments or documents.\n  (7) A reference in this section to dealing with securities includes a reference to:\n\n(a) creating, executing, entering into, drawing, making, accepting, endorsing, issuing, discounting, selling, purchasing or re‑selling securities;\n\n(b) creating, selling, purchasing or re‑selling rights or options in respect of securities; and\n\n(c) entering into agreements or other arrangements relating to securities.\n\n  (8) For the purposes of this section:\n\n(a) the issue by the Authority of an instrument acknowledging a debt in consideration of:\n\n(i) the payment or deposit of money; or\n\n(ii) the provision of credit;\n\notherwise than in relation to a transaction that is in the ordinary course of the day‑to‑day operations of the Authority shall be deemed to be a raising by the Authority, otherwise than by borrowing, of an amount of money equal to the amount of the money paid or deposited or the value of the credit provided, as the case may be; and\n\n(b) the obtaining of credit by the Authority otherwise than in relation to a transaction that is in the ordinary course of the day‑to‑day operations of the Authority shall be deemed to be a raising by the Authority, otherwise than by borrowing, of an amount of money equal to the value of the credit so obtained.","sortOrder":33},{"sectionNumber":"28A","sectionType":"section","heading":"Guarantee of borrowings by Authority","content":"##### 28A Guarantee of borrowings by Authority\n\n  (1) The Treasurer may, on behalf of the Commonwealth, enter into a contract:\n\n(a) guaranteeing the repayment by the Authority of money borrowed under paragraph 28(1)(a) and the payment by the Authority of interest (including any interest on that interest) on money so borrowed; or\n\n(b) guaranteeing the payment by the Authority of such amounts (which may be interest) that the Authority is liable to pay with respect to money raised under paragraph 28(1)(b) as are specified in the contract.\n\n  (2) The Treasurer may, in writing, determine:\n\n(a) that the repayment by the Authority of money borrowed under paragraph 28(1)(a), and the payment by the Authority of interest (including any interest on that interest) on money so borrowed, are guaranteed by the Commonwealth; or\n\n(b) that the payment by the Authority of such money (which may be interest) that the Authority is liable to pay with respect to money raised under paragraph 28(1)(b) as is specified in the determination is guaranteed by the Commonwealth;\n\n  and, where the Treasurer makes such a determination, the repayment of that money and the payment of that interest are, or the payment of that money is, by force of this subsection, guaranteed by the Commonwealth.\n  (3) A contract may be entered into under subsection (1), and a determination may be made under subsection (2), in relation to a particular transaction or in relation to transactions included in a class of transactions.\n  (4) A contract entered into under subsection (1) may include either or both of the following provisions:\n\n(a) a provision agreeing, on behalf of the Commonwealth, that proceedings under the contract may be taken in the courts, or a specified court, of a country other than Australia;\n\n(b) a provision waiving, on behalf of the Commonwealth, the immunity of the Commonwealth from suit in the courts, or a specified court, of a country other than Australia in relation to any proceedings that may be taken under the contract.\n\n  (5) Where a borrowing under paragraph 28(1)(a) is by the issue of prescribed securities, the repayment by the Authority of the money so borrowed and the payment of interest on that money are, by force of this subsection, guaranteed by the Commonwealth.","sortOrder":34},{"sectionNumber":"28B","sectionType":"section","heading":"Authority may give security","content":"##### 28B Authority may give security\n\n  The Authority may give security over the whole or any part of its land or other assets for:\n\n(a) the repayment by the Authority of money borrowed by the Authority under section 27 or paragraph 28(1)(a) and the payment by the Authority of interest (including any interest on that interest) on money so borrowed;\n\n(b) the payment by the Authority of amounts (including any interest) that the Authority is liable to pay with respect to money raised by the Authority under paragraph 28(1)(b); or\n\n(c) the payment to the Commonwealth of amounts equal to any amounts that the Commonwealth may become liable to pay under a contract entered into under subsection 28A(1) or a determination made under subsection 28A(2).","sortOrder":35},{"sectionNumber":"29","sectionType":"section","heading":"Borrowings not otherwise permitted","content":"##### 29 Borrowings not otherwise permitted\n\n  The Authority shall not borrow money, or raise money otherwise than by borrowing, except in accordance with sections 27 and 28.","sortOrder":36},{"sectionNumber":"29A","sectionType":"section","heading":"Delegation by Treasurer","content":"##### 29A Delegation by Treasurer\n\n  (1) The Treasurer may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Treasurer, delegate to a person holding or performing the duties of an office in the Department of the Treasury all or any of the powers of the Treasurer under sections 28 and 28A.\n  (2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Part, be deemed to have been exercised by the Treasurer.\n  (3) A delegate is, in the exercise of a power so delegated, subject to the directions of the Treasurer.\n  (4) A delegation under subsection (1) does not prevent the exercise of a power by the Treasurer.","sortOrder":37},{"sectionNumber":"30","sectionType":"section","heading":"Application of moneys","content":"##### 30 Application of moneys\n\n  (1) Subject to subsection (2) and to section 19 of the Commonwealth Authorities and Companies Act 1997, the moneys of the Authority may be applied by the Authority:\n\n(a) in payment or discharge of the costs, expenses or other obligations of the Authority; and\n\n(b) in payment of remuneration and allowances payable to any person appointed under this Act or employed by the Authority under this Act or any other law;\n\n  and not otherwise.\n  (2) Moneys of the Authority to which paragraph (j) of sub‑clause (2) of clause 15 of the Agreement applies may be invested in accordance with that paragraph and not otherwise.\n  (3) The Treasurer may, on behalf of the Commonwealth, accept deposits made by the Authority in accordance with subsection (2), and pay or credit interest on those deposits to the Authority in accordance with the Agreement.","sortOrder":38},{"sectionNumber":"30B","sectionType":"section","heading":"Liability to taxation","content":"##### 30B Liability to taxation\n\n  (1) Except as otherwise provided by or under another Act (whether passed before or after the commencement of this Act), the Authority is subject to taxation under the laws of the Commonwealth.\n  (2) Subject to subsection (3), the Authority is not subject to taxation under a law of a State or of a Territory.\n  (3) The regulations may provide that subsection (2) does not apply in relation to taxation under a specified law of a State or Territory.\n  (4) Stamp duty or any similar tax is not payable under a law of the Commonwealth or of a State or Territory in respect of:\n\n(a) a security issued by the Authority;\n\n(b) the issue, redemption, transfer, sale or purchase of such a security, not including a transaction entered into without consideration or for an inadequate consideration; or\n\n(c) any document executed by or on behalf of the Authority, or any transaction, in relation to the borrowing of moneys by the Authority.","sortOrder":39},{"sectionNumber":"31","sectionType":"section","heading":"Contracts","content":"##### 31 Contracts\n\n  (1) The Authority may not, without the approval of the Minister, enter into a contract involving the payment or receipt of an amount exceeding $2,000,000.\n  (2) Subsection (1) does not apply to investments of surplus money of the Authority under section 19 of the Commonwealth Authorities and Companies Act 1997.","sortOrder":40},{"sectionNumber":"Part VA","sectionType":"part","heading":"Reports","content":"## Part VA—Reports","sortOrder":41},{"sectionNumber":"Part VI","sectionType":"part","heading":"Miscellaneous","content":"An Act relating to the Construction and Operation of Works for the Generation of Hydro‑electric Power in the Snowy Mountains Area\n\nPreamble\n\nWHEREAS additional supplies of electricity are required for the purposes of defence works and undertakings:\n\nAND WHEREAS the construction of further defence works and the establishment of further defence undertakings will require additional supplies of electricity:\n\nAND WHEREAS it is desirable that provision should be made now to enable increased supplies of electricity to be immediately available in time of war:\n\nAND WHEREAS the consumption of electricity in the Australian Capital Territory and, in particular, at the Seat of Government within that Territory, is increasing and is likely to continue to increase:\n\nAND WHEREAS it is desirable that the generation of electricity for the purposes referred to in this preamble should be undertaken in such an area and in such a manner as to be least likely to suffer interruption in time of war:\n\nAND WHEREAS, by reason of the foregoing, it is desirable that provision should be made now for the generation of electricity by means of hydro‑electric works in the Snowy Mountains Area:\n\nBE it therefore enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia as follows:\n\n  \n\n## Part I—Preliminary\n\n##### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the Snowy Mountains Hydro‑electric Power Act 1949.\n\n##### 2 Commencement \\[see Note 1\\]\n\n  This Act shall come into operation on the day on which it receives the Royal Assent.\n\n##### 4 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Associate Commissioner means an Associate Commissioner holding office under this Act.\n\n> easement includes a licence or a right in the nature of an easement.\n\n> owner, in relation to any land, includes any person having an estate or interest in that land.\n\n> the Agreement means the agreement between the Commonwealth, the State of New South Wales and the State of Victoria a copy of which is set out in Schedule 1 and, except in section 5A, includes any agreement relating to the Guthega project entered into in accordance with clause 22 of the Agreement.\n\n> the Authority means the Snowy Mountains Hydro‑electric Authority.\n\n> the Commissioner means the Commissioner constituting the Authority.\n\n> the Supplemental Agreement means the agreement between the Commonwealth, the State of New South Wales and the State of Victoria a copy of which is set out in Schedule 2.\n\n##### 5 Act to bind States\n\n  This Act shall bind the Crown in right of a State.\n\n##### 5A Approval of Agreements\n\n  (1) The Agreement is approved.\n  (2) The Supplemental Agreement is approved.\n\n##### 5B Certain rights of South Australia not affected\n\n  Nothing in this Act shall be taken to affect the rights of the State of South Australia under the agreement a copy of which is set out in the Schedule to the Murray‑Darling Basin Act 1993.\n\n##### 6 The Snowy Mountains Area\n\n  (1) For the purposes of this Act, the Snowy Mountains Area shall be an area or areas of land in the south‑eastern portion of the State of New South Wales and the north‑eastern portion of the State of Victoria defined in accordance with this section.\n  (2) The Governor‑General may, by proclamation, define the boundaries of the Snowy Mountains Area and may, from time to time, by Proclamation, vary the boundaries as so defined.\n  (3) A Proclamation under this section does not operate to vary the boundaries of the Snowy Mountains Area so as to include land which was not included in that Area on 6 November 1958 unless the variation is made with the prior approval of the Governor‑in‑Council of the State of New South Wales and the Governor‑in‑Council of the State of Victoria.\n  (4) Where a Proclamation under this section making a variation in the boundaries of the Snowy Mountains Area recites the prior approval of the Governor‑in‑Council of the State of New South Wales and the Governor‑in‑Council of the State of Victoria to that variation, the recital is evidence of the approvals so recited.\n\n  \n\n## Part II—The Snowy Mountains Hydro‑electric Authority\n\n##### 7 The Snowy Mountains Hydro‑electric Authority\n\n  (1) For the purposes of this Act, there shall be an Authority to be known as the Snowy Mountains Hydro‑electric Authority.\n  (2) The Authority shall be constituted by a Commissioner, shall be a corporation sole with perpetual succession and an official seal, may acquire, hold and dispose of real and personal property and shall be capable of suing and being sued in its corporate name.\n\n> Note: Subject to section 26, the Commonwealth Authorities and Companies Act 1997 applies to the Authority. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.\n\n  (3) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Authority affixed to any document and shall presume that it was duly affixed.\n  (4) The Commissioner shall be appointed by the Governor‑General.\n\n##### 8 Associate Commissioners\n\n  (1) The Governor‑General may appoint 1 or 2 Associate Commissioners to assist the Commissioner.\n  (2) An Associate Commissioner shall give such advice and assistance to the Commissioner as the Commissioner requires and shall perform such duties as the Commissioner directs.\n\n##### 9 Tenure of office\n\n  (1) The Commissioner and each Associate Commissioner:\n\n(a) shall be appointed for a period not exceeding 7 years; and\n\n(b) may be appointed on a full‑time basis or on a part‑time basis.\n\n  (3) Where the period of appointment of the Commissioner or an Associate Commissioner has expired he shall be eligible for re‑appointment.\n\n##### 10 Remuneration\n\n  (1) The Commissioner and each Associate Commissioner shall be paid such remuneration as is determined by the Remuneration Tribunal.\n  (2) The Commissioner and each Associate Commissioner shall be paid such allowances as are prescribed.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n##### 11 Leave of absence\n\n  (1) A full‑time Commissioner and a full‑time Associate Commissioner has such recreation leave entitlements as are determined by the Remuneration Tribunal.\n  (2) The Minister may:\n\n(a) grant a full‑time Commissioner and a full‑time Associate Commissioner leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines; and\n\n(b) grant a part‑time Commissioner and a part‑time Associate Commissioner leave to be absent from a meeting or meetings of the Authority.\n\n##### 11A Disclosure of Commissioner’s interests\n\n  If the Commissioner has a material personal interest in a matter that the Authority is considering or is about to consider, he or she must give written notice of the interest to the Minister.\n\n##### 12 Dismissal of Commissioner or Associate Commissioner\n\n  The Governor‑General may terminate the appointment of the Commissioner or of an Associate Commissioner for inability, inefficiency or misbehaviour.\n\n##### 13 Vacation of office\n\n  The office of the Commissioner or of an Associate Commissioner shall be vacated:\n\n(a) if, being a full‑time Commissioner or a full‑time Associate Commissioner, he engages in any paid employment outside the duties of his office;\n\n(b) if he 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;\n\n(c) if he resigns his office by writing under his hand addressed to the Governor‑General and the resignation has been accepted;\n\n(d) if, being a full‑time Commissioner or a full‑time Associate Commissioner, he is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n\n(e) if he, in any way, otherwise than as a member, and in common with the other members, of an incorporated company consisting of not less than 25 persons:\n\n(i) becomes concerned or interested in any contract or agreement entered into by or on behalf of the Authority; or\n\n(ii) participates or claims to participate in the profit of any such contract or agreement or in any benefit or emolument arising from any such contract or agreement; or\n\n(f) if the Commissioner contravenes section 11A without reasonable excuse.\n\n##### 14 Acting Commissioner and Acting Associate Commissioner\n\n  (1) The Minister may appoint a person to act in the office of the Commissioner or the office of an Associate Commissioner:\n\n(a) during a vacancy in the office; or\n\n(b) during any period, or during all periods, when the holder of the office is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office.\n\n  (1A) A person may be appointed under paragraph (1)(a) to act in an office for an indefinite period.\n  (2) An appointment of a person under subsection (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.\n  (3) The Minister may:\n\n(a) determine the terms and conditions of appointment, including remuneration and allowances, of a person acting in an office in accordance with subsection (1); and\n\n(b) terminate such an appointment at any time.\n\n  (4) Where a person is acting in an office in accordance with paragraph (1)(b) and that office becomes vacant while that person is so acting, then, subject to subsection (2), that person may continue so to act until the Minister otherwise directs or the vacancy is filled, whichever first happens.\n  (5) The appointment of a person under subsection (1) ceases to have effect if he resigns the appointment by writing signed by him and delivered to the Minister.\n  (6) While a person is acting in an office in accordance with subsection (1), he has and may exercise all the powers, and shall perform all the functions, of that office.\n  (7) The validity of anything done by a person purporting to act under subsection (1) shall not be called in question on the ground that the occasion for his appointment had not arisen, that there is a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had ceased.\n\n##### 15 Delegation\n\n  (1) The Authority may, in relation to any particular matter or class of matters, or to any particular place, by writing under its seal, delegate to an Associate Commissioner or an officer all or any of its powers under this Act (except this power of delegation), so that the delegated powers may be exercised by the delegate with respect to the matter or class of matters, or to the place, specified in the instrument of delegation.\n  (2) Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power by the Authority.\n\n  \n\n## Part III—Functions and powers of the Authority\n\n##### 16 Functions of the Authority\n\n  (1) The functions of the Authority are:\n\n(a) with the object of assisting to ensure that adequate supplies of electricity are available, in time of war as well as in time of peace, in the States of New South Wales and Victoria and in the Australian Capital Territory for purposes necessary or conducive to the defence of the Commonwealth and for other purposes of the Commonwealth, to provide hydro‑electric works in the Snowy Mountains Area for the generation of electricity; and\n\n(b) with the object specified in paragraph (a), and as incidental to its functions related to that object, to generate, or permit the generation of, electricity in the works of the Authority and to supply, or permit the supply of, electricity generated in those works:\n\n(i) to, or as directed by, the Commonwealth for purposes of the Commonwealth and for consumption in the Australian Capital Territory; and\n\n(ii) to The Electricity Commission of New South Wales and the State Electricity Commission of Victoria or to a corporation succeeding either of those Commissions.\n\n  (2) Except as otherwise directed by the Governor‑General, the Authority may have, perform or exercise a capacity, function, power, authority or duty conferred or imposed upon it by an Act of the Parliament of the State of New South Wales or the State of Victoria.\n  (3) The Authority shall comply in all respects with the provisions of the Agreement and of the Supplemental Agreement that are applicable to it.\n\n##### 17 General powers of the Authority\n\n  (1) For the purpose of performing its functions under section 16, the Authority shall have power to construct, maintain, operate, protect, manage and control works:\n\n(a) for the collection, diversion and storage of water in the Snowy Mountains Area;\n\n(b) for the generation of electricity in that area;\n\n(c) for the transmission of electricity generated by the Authority; and\n\n(d) incidental or related to the construction, maintenance, operation, protection, management or control of any works specified in the preceding paragraphs.\n\n  (2) The Authority shall have power to construct, maintain, operate, protect, manage and control works which, in the opinion of the Authority, are necessary or desirable for the purpose of preventing or mitigating injurious effects of any works referred to in subsection (1).\n\n##### 18 Particular powers of the Authority\n\n  The Authority shall have, in addition to the powers specifically conferred upon it by this Act, such other powers as are necessary or convenient for the performance of its functions under this Act, and, in particular, and without limiting the generality of the foregoing, shall have power:\n\n(a) to purchase land;\n\n(b) to take land on lease;\n\n(c) to take easements over land;\n\n(d) to sell or otherwise dispose of land vested in the Authority but not required for the purposes of the Authority;\n\n(e) to lease land vested in the Authority the use of which is not for the time being required by the Authority;\n\n(f) to release any easement over land;\n\n(g) to purchase or take on hire plant, machinery, equipment or other goods;\n\n(h) to dispose of plant, machinery, equipment or other goods owned by the Authority but not required by the Authority;\n\n(i) to provide transport, accommodation, provisions, medical treatment, hospital facilities and amenities for officers and employees of the Authority and their families; and\n\n(j) to do anything incidental to any of its powers.\n\n##### 19 Power to enter land and take levels etc.\n\n  The Commissioner, an Associate Commissioner, an officer or employee of the Authority, or any other person authorized by the Authority so to do, may, for the purposes of this Act, without any previous notice:\n\n(a) enter upon land (including land owned or occupied by the Crown in right of a State) for the purpose of inspecting the land;\n\n(b) make surveys, take levels, sink bores, dig pits and examine the soil; and\n\n(c) do any other thing necessary for ascertaining the suitability of the land for the purposes of the Authority.\n\n##### 20 Power to enter and occupy land\n\n  The Authority, or any person authorized by the Authority so to do, may, for the purposes of this Act:\n\n(a) after giving not less than 7 days’ notice in writing to the occupier of land (including land owned or occupied by the Crown in right of a State), enter upon and occupy that land;\n\n(b) on or from land so occupied:\n\n(i) construct, build or place any plant, machinery, equipment or goods;\n\n(ii) take sand, clay, stone, earth, gravel, timber, wood or other materials or things;\n\n(iii) make cuttings or excavations;\n\n(iv) deposit sand, clay, stone, earth, gravel, timber, wood or other materials or things;\n\n(v) erect workshops, sheds and other buildings;\n\n(vi) make roads; and\n\n(vii) manufacture and work materials of any kind; and\n\n(c) demolish, destroy or remove, on or from land so occupied, any plant, machinery, equipment, goods, workshop, shed, building or road.\n\n##### 21 Powers in respect of waters\n\n  The Authority may raise or lower the level of a lake, river or stream in the Snowy Mountains Area and impound, divert and use the waters of a lake, river or stream in that area.\n\n  \n\n## Part IV—Officers and employees of the Authority\n\n##### 22 Officers and employees of Authority\n\n  (1) The Authority may appoint such officers and engage such employees as it thinks necessary for the purposes of this Act.\n  (2) The terms and conditions of service of officers appointed under subsection (1) are such as are determined by the Authority.\n  (3) The terms and conditions of employment of employees engaged under subsection (1) are such as are determined by the Authority.\n  (4) In subsections (2) and (3), terms and conditions include conditions with respect to duration of service or employment or with respect to dismissal from service or employment.\n\n##### 24 Preservation of industrial awards\n\n  Nothing in this Act prevents the making of an industrial award, order, determination or agreement under any other Act in relation to officers or employees of the Authority or affects the operation of such an award, order, determination or agreement in relation to officers or employees of the Authority.\n\n  \n\n## Part V—Finances of the Authority\n\n##### 25 Financial policy\n\n  Subject to subsection 16(3), the Authority shall pursue a policy directed towards securing revenue sufficient to meet all its expenditure properly chargeable to revenue.\n\n##### 26 Application of the Commonwealth Authorities and Companies Act 1997\n\n  (1) The Commonwealth Authorities and Companies Act 1997 (except sections 27F to 27L) applies to the Authority as if:\n\n(a) the Authority were a body corporate; and\n\n(b) the Commissioner were a director of the Authority for the purposes of that Act.\n\n  (2) For the purposes of the application of that Act to the Authority, the following persons are not directors of the Authority:\n\n(a) Associate Commissioners;\n\n(b) members of the Snowy Mountains Council referred to in clause 17 of the Agreement, except the Commissioner.\n\n##### 27 Borrowing from Commonwealth\n\n  The Minister for Finance may, on behalf of the Commonwealth, out of money appropriated by the Parliament for the purpose, lend money to the Authority on such terms and conditions as the Minister for Finance, having regard to the provisions of clause 15 of the Agreement, in writing, determines.\n\n##### 28 Borrowings otherwise than from Commonwealth\n\n  (1) The Authority may, with the approval of the Treasurer:\n\n(a) borrow money otherwise than from the Commonwealth; or\n\n(b) raise money otherwise than by borrowing;\n\n  on terms and conditions that are specified in, or consistent with, the approval.\n  (2) Without limiting the generality of subsection (1), the Authority may, under that subsection, borrow money, or raise money otherwise than by borrowing, by dealing with securities.\n  (3) A borrowing of money, or a raising of money otherwise than by borrowing, under subsection (1) may be made, in whole or in part, in a currency other than Australian currency.\n  (4) An approval may be given under subsection (1) in relation to a particular transaction or in relation to transactions included in a class of transactions.\n  (5) An approval under subsection (1) shall be given in writing.\n  (6) In this section, securities includes stocks, debentures, debenture stocks, notes, bonds, promissory notes, bills of exchange and similar instruments or documents.\n  (7) A reference in this section to dealing with securities includes a reference to:\n\n(a) creating, executing, entering into, drawing, making, accepting, endorsing, issuing, discounting, selling, purchasing or re‑selling securities;\n\n(b) creating, selling, purchasing or re‑selling rights or options in respect of securities; and\n\n(c) entering into agreements or other arrangements relating to securities.\n\n  (8) For the purposes of this section:\n\n(a) the issue by the Authority of an instrument acknowledging a debt in consideration of:\n\n(i) the payment or deposit of money; or\n\n(ii) the provision of credit;\n\notherwise than in relation to a transaction that is in the ordinary course of the day‑to‑day operations of the Authority shall be deemed to be a raising by the Authority, otherwise than by borrowing, of an amount of money equal to the amount of the money paid or deposited or the value of the credit provided, as the case may be; and\n\n(b) the obtaining of credit by the Authority otherwise than in relation to a transaction that is in the ordinary course of the day‑to‑day operations of the Authority shall be deemed to be a raising by the Authority, otherwise than by borrowing, of an amount of money equal to the value of the credit so obtained.\n\n##### 28A Guarantee of borrowings by Authority\n\n  (1) The Treasurer may, on behalf of the Commonwealth, enter into a contract:\n\n(a) guaranteeing the repayment by the Authority of money borrowed under paragraph 28(1)(a) and the payment by the Authority of interest (including any interest on that interest) on money so borrowed; or\n\n(b) guaranteeing the payment by the Authority of such amounts (which may be interest) that the Authority is liable to pay with respect to money raised under paragraph 28(1)(b) as are specified in the contract.\n\n  (2) The Treasurer may, in writing, determine:\n\n(a) that the repayment by the Authority of money borrowed under paragraph 28(1)(a), and the payment by the Authority of interest (including any interest on that interest) on money so borrowed, are guaranteed by the Commonwealth; or\n\n(b) that the payment by the Authority of such money (which may be interest) that the Authority is liable to pay with respect to money raised under paragraph 28(1)(b) as is specified in the determination is guaranteed by the Commonwealth;\n\n  and, where the Treasurer makes such a determination, the repayment of that money and the payment of that interest are, or the payment of that money is, by force of this subsection, guaranteed by the Commonwealth.\n  (3) A contract may be entered into under subsection (1), and a determination may be made under subsection (2), in relation to a particular transaction or in relation to transactions included in a class of transactions.\n  (4) A contract entered into under subsection (1) may include either or both of the following provisions:\n\n(a) a provision agreeing, on behalf of the Commonwealth, that proceedings under the contract may be taken in the courts, or a specified court, of a country other than Australia;\n\n(b) a provision waiving, on behalf of the Commonwealth, the immunity of the Commonwealth from suit in the courts, or a specified court, of a country other than Australia in relation to any proceedings that may be taken under the contract.\n\n  (5) Where a borrowing under paragraph 28(1)(a) is by the issue of prescribed securities, the repayment by the Authority of the money so borrowed and the payment of interest on that money are, by force of this subsection, guaranteed by the Commonwealth.\n\n##### 28B Authority may give security\n\n  The Authority may give security over the whole or any part of its land or other assets for:\n\n(a) the repayment by the Authority of money borrowed by the Authority under section 27 or paragraph 28(1)(a) and the payment by the Authority of interest (including any interest on that interest) on money so borrowed;\n\n(b) the payment by the Authority of amounts (including any interest) that the Authority is liable to pay with respect to money raised by the Authority under paragraph 28(1)(b); or\n\n(c) the payment to the Commonwealth of amounts equal to any amounts that the Commonwealth may become liable to pay under a contract entered into under subsection 28A(1) or a determination made under subsection 28A(2).\n\n##### 29 Borrowings not otherwise permitted\n\n  The Authority shall not borrow money, or raise money otherwise than by borrowing, except in accordance with sections 27 and 28.\n\n##### 29A Delegation by Treasurer\n\n  (1) The Treasurer may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Treasurer, delegate to a person holding or performing the duties of an office in the Department of the Treasury all or any of the powers of the Treasurer under sections 28 and 28A.\n  (2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Part, be deemed to have been exercised by the Treasurer.\n  (3) A delegate is, in the exercise of a power so delegated, subject to the directions of the Treasurer.\n  (4) A delegation under subsection (1) does not prevent the exercise of a power by the Treasurer.\n\n##### 30 Application of moneys\n\n  (1) Subject to subsection (2) and to section 19 of the Commonwealth Authorities and Companies Act 1997, the moneys of the Authority may be applied by the Authority:\n\n(a) in payment or discharge of the costs, expenses or other obligations of the Authority; and\n\n(b) in payment of remuneration and allowances payable to any person appointed under this Act or employed by the Authority under this Act or any other law;\n\n  and not otherwise.\n  (2) Moneys of the Authority to which paragraph (j) of sub‑clause (2) of clause 15 of the Agreement applies may be invested in accordance with that paragraph and not otherwise.\n  (3) The Treasurer may, on behalf of the Commonwealth, accept deposits made by the Authority in accordance with subsection (2), and pay or credit interest on those deposits to the Authority in accordance with the Agreement.\n\n##### 30B Liability to taxation\n\n  (1) Except as otherwise provided by or under another Act (whether passed before or after the commencement of this Act), the Authority is subject to taxation under the laws of the Commonwealth.\n  (2) Subject to subsection (3), the Authority is not subject to taxation under a law of a State or of a Territory.\n  (3) The regulations may provide that subsection (2) does not apply in relation to taxation under a specified law of a State or Territory.\n  (4) Stamp duty or any similar tax is not payable under a law of the Commonwealth or of a State or Territory in respect of:\n\n(a) a security issued by the Authority;\n\n(b) the issue, redemption, transfer, sale or purchase of such a security, not including a transaction entered into without consideration or for an inadequate consideration; or\n\n(c) any document executed by or on behalf of the Authority, or any transaction, in relation to the borrowing of moneys by the Authority.\n\n##### 31 Contracts\n\n  (1) The Authority may not, without the approval of the Minister, enter into a contract involving the payment or receipt of an amount exceeding $2,000,000.\n  (2) Subsection (1) does not apply to investments of surplus money of the Authority under section 19 of the Commonwealth Authorities and Companies Act 1997.\n\n## Part VA—Reports\n\n  \n\n## Part VI—Miscellaneous\n\n##### 33 Authority in execution of works to do as little damage as possible\n\n  (1) In the exercise of its powers under this Act, the Authority shall cause as little detriment and inconvenience and do as little damage as possible.\n  (2) Where the owner of land in the Snowy Mountains Area is injuriously affected by the exercise, in relation to that land, of any of the powers conferred by this Act, compensation shall be paid by the Authority.\n  (3) Where land (whether within or without the Snowy Mountains Area) is entered or occupied in pursuance of section 20, the Authority shall be liable to pay compensation to the owner or occupier of the land, or to both, as the case requires, and the compensation so payable shall include compensation in respect of:\n\n(a) damage of a temporary character as well as of a permanent character; and\n\n(b) the taking of sand, clay, stone, earth, gravel, timber, wood, materials or things by the Authority.\n\n  (3A) If the owner of land along the Upper Murray or along the Lower Tumut suffers loss by flooding from temporary works of the Authority in relation to that land, the Authority shall be liable to pay compensation to the owner.\n  (3B) In subsection (3A), loss by flooding from temporary works of the Authority means loss directly resulting from the raising of the level of the Upper Murray or of the Lower Tumut by the discharge of waters from works of the Authority other than permanent works of the Authority.\n  (3C) Expressions used in subsections (3A) and (3B) (other than the expression loss by flooding) which are defined in the Agreement or the Supplemental Agreement have the same meanings as in the Agreement or the Supplemental Agreement, as the case may be.\n  (3D) For the purposes of rights to compensation under this section, where anything has been done by, or under the authority of, the Authority and the doing of that thing was authorized both by this Act and by a State Act, that thing shall be conclusively presumed, as against the Authority, to have been done in pursuance of this Act.\n  (3E) Nothing in this section shall be construed as excluding or limiting any liability of the Authority apart from this section in respect of a matter in relation to which compensation is not payable under this section.\n  (4) Part VIII of the Lands Acquisition Act 1989 applies in relation to the determination of compensation under this Part as if anything done by the Authority under this Act had been done under Part III of the Lands Acquisition Act 1989.\n\n##### 36 Arrangements with States etc.\n\n  The Authority may arrange with a Minister of State or authority of the Commonwealth or of a State for the performance by that Minister or authority of any work on behalf of the Authority.\n\n##### 37 Works of Authority not to be injuriously affected\n\n  (1) Except as prescribed, a person shall not, in the Snowy Mountains Area, carry out any work, or make any use of the water in a lake, river or stream, whereby any works, or proposed works, of the Authority, or the use, or proposed use, of water in the works of the Authority, is or may be injuriously affected or interfered with.\n  (2) Without prejudice to any civil remedy available to the Authority, a person who contravenes subsection (1) is guilty of an offence against this section.\n  (3) An offence against this section may be prosecuted either summarily or upon indictment.\n  (4) The punishment for an offence against this section is:\n\n(a) where the offence is prosecuted summarily—a fine not exceeding $200; or\n\n(b) where the offence is prosecuted upon indictment—a fine not exceeding $1,000 or imprisonment for a term not exceeding 1 year.\n\n  (5) Nothing in this section shall be deemed to prevent or affect the operation of a provision in a law of a State prohibiting any acts which are also prohibited by this section.\n\n##### 38 Discharge of water\n\n  Any water used by the Authority for the generation of electricity shall be discharged into a lake, river or stream in the Snowy Mountains Area.\n\n##### 41 Regulations\n\n  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 and, in particular, for prescribing penalties not exceeding a fine of $100 or imprisonment for a period not exceeding 3 months, or both, for offences against the regulations.","sortOrder":42},{"sectionNumber":"33","sectionType":"section","heading":"Authority in execution of works to do as little damage as possible","content":"##### 33 Authority in execution of works to do as little damage as possible\n\n  (1) In the exercise of its powers under this Act, the Authority shall cause as little detriment and inconvenience and do as little damage as possible.\n  (2) Where the owner of land in the Snowy Mountains Area is injuriously affected by the exercise, in relation to that land, of any of the powers conferred by this Act, compensation shall be paid by the Authority.\n  (3) Where land (whether within or without the Snowy Mountains Area) is entered or occupied in pursuance of section 20, the Authority shall be liable to pay compensation to the owner or occupier of the land, or to both, as the case requires, and the compensation so payable shall include compensation in respect of:\n\n(a) damage of a temporary character as well as of a permanent character; and\n\n(b) the taking of sand, clay, stone, earth, gravel, timber, wood, materials or things by the Authority.\n\n  (3A) If the owner of land along the Upper Murray or along the Lower Tumut suffers loss by flooding from temporary works of the Authority in relation to that land, the Authority shall be liable to pay compensation to the owner.\n  (3B) In subsection (3A), loss by flooding from temporary works of the Authority means loss directly resulting from the raising of the level of the Upper Murray or of the Lower Tumut by the discharge of waters from works of the Authority other than permanent works of the Authority.\n  (3C) Expressions used in subsections (3A) and (3B) (other than the expression loss by flooding) which are defined in the Agreement or the Supplemental Agreement have the same meanings as in the Agreement or the Supplemental Agreement, as the case may be.\n  (3D) For the purposes of rights to compensation under this section, where anything has been done by, or under the authority of, the Authority and the doing of that thing was authorized both by this Act and by a State Act, that thing shall be conclusively presumed, as against the Authority, to have been done in pursuance of this Act.\n  (3E) Nothing in this section shall be construed as excluding or limiting any liability of the Authority apart from this section in respect of a matter in relation to which compensation is not payable under this section.\n  (4) Part VIII of the Lands Acquisition Act 1989 applies in relation to the determination of compensation under this Part as if anything done by the Authority under this Act had been done under Part III of the Lands Acquisition Act 1989.","sortOrder":43},{"sectionNumber":"36","sectionType":"section","heading":"Arrangements with States etc.","content":"##### 36 Arrangements with States etc.\n\n  The Authority may arrange with a Minister of State or authority of the Commonwealth or of a State for the performance by that Minister or authority of any work on behalf of the Authority.","sortOrder":44},{"sectionNumber":"37","sectionType":"section","heading":"Works of Authority not to be injuriously affected","content":"##### 37 Works of Authority not to be injuriously affected\n\n  (1) Except as prescribed, a person shall not, in the Snowy Mountains Area, carry out any work, or make any use of the water in a lake, river or stream, whereby any works, or proposed works, of the Authority, or the use, or proposed use, of water in the works of the Authority, is or may be injuriously affected or interfered with.\n  (2) Without prejudice to any civil remedy available to the Authority, a person who contravenes subsection (1) is guilty of an offence against this section.\n  (3) An offence against this section may be prosecuted either summarily or upon indictment.\n  (4) The punishment for an offence against this section is:\n\n(a) where the offence is prosecuted summarily—a fine not exceeding $200; or\n\n(b) where the offence is prosecuted upon indictment—a fine not exceeding $1,000 or imprisonment for a term not exceeding 1 year.\n\n  (5) Nothing in this section shall be deemed to prevent or affect the operation of a provision in a law of a State prohibiting any acts which are also prohibited by this section.","sortOrder":45},{"sectionNumber":"38","sectionType":"section","heading":"Discharge of water","content":"##### 38 Discharge of water\n\n  Any water used by the Authority for the generation of electricity shall be discharged into a lake, river or stream in the Snowy Mountains Area.","sortOrder":46},{"sectionNumber":"41","sectionType":"section","heading":"Regulations","content":"##### 41 Regulations\n\n  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 and, in particular, for prescribing penalties not exceeding a fine of $100 or imprisonment for a period not exceeding 3 months, or both, for offences against the regulations.","sortOrder":47},{"sectionNumber":"Schedule 1","sectionType":"part","heading":null,"content":"# Schedule 1\n\nSection 4\n\nAN AGREEMENT made this Eighteenth day of September One thousand nine hundred and fifty‑seven BETWEEN THE COMMONWEALTH OF AUSTRALIA of the first part, THE STATE OF NEW SOUTH WALES of the second part, and THE STATE OF VICTORIA of the third part:\n\n  WHEREAS the Authority was constituted by the Snowy Mountains Hydro‑electric Power Act 1949 of the Commonwealth:\n  AND WHEREAS for the purpose of performing its functions under section 16 of the Act the Authority has power to construct, maintain, operate, protect, manage and control works for the collection, diversion and storage of water in the Area, for the generation of electricity in the Area, and for the transmission of electricity so generated:\n  AND WHEREAS one of the necessary results of the construction and operation of those works will be the diversion inland into the Murray or Murrumbidgee River systems or both of a substantial flow of water which has been flowing to the sea in the Snowy River in the State of Victoria:\n  AND WHEREAS much of the augmented flow of the Murray and Murrumbidgee River systems would be wasted unless storage works are constructed and operated so as to regulate further the flow of both rivers and make increased supplies of water available for irrigation:\n  AND WHEREAS the Governments of the States have set up Electricity Commissions with power to generate and supply electricity, and, inter alia, to purchase electricity:\n  AND WHEREAS at a conference between Ministers of the Commonwealth and of the States held in Canberra on the thirteenth day of July, One thousand nine hundred and forty‑nine, certain resolutions were adopted with respect to the development and use of the water resources of the Area for the generation of electricity and, as consequential thereon, for the provision of water for irrigation and the sharing of the waters between the States:\n  AND WHEREAS those resolutions contemplated, among other things, that the following works for the collection, storage and diversion of water would be carried out in their entirety, namely:—\n\n(a) a dam on the Eucumbene River (a tributary of the Snowy River), near Adaminaby, for the storage of waters of the Eucumbene River and of any waters conveyed from the catchments of other rivers to the storage provided by that dam;\n\n(b) a tunnel primarily for the diversion from the storage dam on the Eucumbene River to the Tumut River catchment of waters of the Eucumbene River (estimated at a net average volume of approximately 235,000 acre‑feet of water per annum), but also for the diversion of such other waters as are conveyed, by that tunnel or by other means, to the storage provided by that dam;\n\n(c) a dam on the Snowy River, near Jindabyne, for the storage of waters of the Snowy River and of any waters conveyed from the catchments of other rivers to the storage provided by that dam;\n\n(d) a tunnel primarily for the diversion from the dam on the Snowy River to the River Murray catchment of waters of the Snowy River (estimated at a net average volume of approximately 730,000 acre‑feet of water per annum), but also for the diversion of such other waters as are conveyed, by that tunnel or by other means, to the storage provided by that dam;\n\n(e) a tunnel and other associated works for the diversion to the Tumut River catchment of waters of the Tooma River, a tributary of the River Murray, (estimated at a net average volume of approximately 330,000 acre‑feet of water per annum) and of such other waters as are conveyed to the Tooma River:\n\n  AND WHEREAS the States will require to construct works for the use of the water made available and the electricity produced by the works of the Authority:\n  AND WHEREAS the River Murray Commission has made certain recommendations regarding the location and capacity of additional storage required to regulate the waters diverted into the River Murray catchment from the Snowy River:\n  AND WHEREAS, as the result of conferences between them, Ministers of the Commonwealth and the States have agreed to the modification of the resolutions previously referred to, and to the provisions for the construction maintenance and operation of the works of the Authority, as set out in this agreement:\n  NOW IT IS HEREBY AGREED by and between the parties to this agreement as follows:—","sortOrder":48},{"sectionNumber":"Schedule 2","sectionType":"part","heading":null,"content":"# Schedule 2\n\nSection 4\n\n  A SUPPLEMENTAL AGREEMENT made this fourteenth day of December One thousand nine hundred and fifty‑seven BETWEEN THE COMMONWEALTH OF AUSTRALIA of the first part, THE STATE OF NEW SOUTH WALES of the second part and THE STATE OF VICTORIA of the third part, and intended to be supplemental to the agreement (in this agreement called “the Principal Agreement”) entered into on the eighteenth day of September One thousand nine hundred and fifty‑seven between the parties to this agreement to provide for the construction, operation and maintenance of the undertaking known as the Snowy Mountains Hydro‑electric Scheme:\n  WHEREAS it is necessary, in order to give effect to certain arrangements between the parties to this agreement with respect to the possibility of flooding of lands along the Upper Murray and along the Lower Tumut, that certain provisions affecting the Principal Agreement should be made:\n  NOW IT IS HEREBY AGREED by and between the parties to this agreement as follows:—\n\nInterpretation\n\n1.—(1.) In this agreement—\n\n> “loss by flooding” means loss directly resulting from the raising of the level of the Upper Murray by water diverted into the River Murray catchment by the permanent works of the Authority or of the Lower Tumut by the discharge of waters from the permanent works of the Authority into the Tumut River, as the case may be;\n\n> “the Upper Murray” means that portion of the River Murray, including any tributary through which water discharged from the permanent works of the Authority enters that river, which is between the lowest point of discharge of water by the Authority or the Council and the highest point on that river reached by the waters of the Hume Reservoir when that reservoir is at maximum flood level;\n\n> “the Lower Tumut” means that portion of the Tumut River which is between the point where the boundary of the Snowy Mountains area crosses that river and a point downstream from the town of Tumut and distant seven miles in a direct line from the point where the Tumut‑Wee Jasper road crosses the Tumut River.\n\n(2.) Expressions used in this agreement which are defined in the Principal Agreement have the same meanings as in the Principal Agreement.\n\nApproval of Agreement\n\n2.—(1.) This agreement, other than sub‑clause (2.) of this clause, shall have no force or effect and shall not be binding on any of the parties hereto unless and until it is approved by the respective Parliaments of the Commonwealth and the State of New South Wales and the State of Victoria, but, upon being so approved by those Parliaments, it shall be of full force and effect and binding on the parties.\n\n(2.) The Governments of the Commonwealth and the States hereby agree to submit this agreement for approval to their respective Parliaments as soon as practicable after the date of this agreement.\n\nAuthority to avoid flooding on Upper Murray\n\n3. The Authority shall—\n\n(a) in investigating, planning, locating and constructing its works, take reasonable precautions for the prevention of loss by flooding in relation to land along the Upper Murray and along the Lower Tumut; and\n\n(b) take all reasonable measures to prevent loss by flooding in relation to land along the Upper Murray and along the Lower Tumut as a result of the operation of the permanent works of the Authority.\n\nLiability of Council for flooding on Upper Murray\n\n4.—(1.) In directing and controlling the operation and maintenance of the permanent works of the Authority, the Council shall cause to be taken all reasonable precautions to prevent loss by flooding in relation to land along the Upper Murray and along the Lower Tumut.\n\n(2.) If the owner of land along the Upper Murray or along the Lower Tumut suffers loss by flooding in relation to that land, the Council shall be liable to pay to that person such compensation as is determined by agreement between that person and the Council or, in the absence of agreement, by action against the Council in a court of competent jurisdiction.\n\n(3.) The Authority shall, on being requested by the Council to do so, provide the Council with the funds necessary to meet the expenses incurred by the Council in pursuance of this clause.\n\n(4.) The provisions of sub‑clause (8.) of clause 16 of the Principal Agreement shall apply in relation to claims and proceedings against the Council arising out of this clause.\n\nCommonwealth legislation\n\n5. The Government of the Commonwealth of Australia agrees to include in the legislation submitted to its Parliament for the approval of this agreement a provision requiring the Authority to carry out its obligations under this agreement.\n\nState legislation\n\n6. The Government of each of the States agrees to include in the legislation submitted to its Parliament for the approval of this agreement—\n\n(a) a provision requiring the Council to carry out its obligations under this agreement;\n\n(b) a provision imposing liability on the Council in accordance with sub‑clause (2.) of clause 4 of this agreement; and\n\n(c) a provision in such form as will enable the Authority for the purpose of giving effect to this agreement to do in that State all such matters and things as the Act permits, or purports to permit, the Authority to do, and to exercise all such powers and authorities in that State as may be necessary to enable the provisions of this agreement to be carried out.\n\nTreatment of expenditure\n\n7. Expenditure incurred by the Authority in pursuance of this agreement shall, for the purposes of the Principal Agreement—\n\n(a) if it is of a capital nature—be deemed to be part of the net capital expenditure of the Authority in respect of the relevant stage or stages of the permanent works of the Authority; and\n\n(b) in any other case—be deemed to be part of the net cost of production of the Authority in the year in which it is incurred.\n\n8. The provisions of this agreement will cease to apply in relation to land along the Lower Tumut when the storage works referred to in clause 6 of the Principal Agreement are so far constructed and brought into operation as to commence to control the waters of the Tumut River.\n\n9. In all other respects, the Principal Agreement is confirmed.\n\n  IN WITNESS WHEREOF the parties have executed this agreement the day and year first hereinbefore written.\n\n| SIGNED BY THE RIGHT HONOURABLE ROBERT GORDON MENZIES, Prime Minister of the Commonwealth of Australia, for and on behalf of the Commonwealth, in the presence of—W. HESELTINE |     | ROBERT G. MENZIES |\n| ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | --- | ----------------- |\n| SIGNED BY THE HONOURABLE JOHN JOSEPH CAHILL, Premier of the State of New South Wales, for and on behalf of that State, in the presence of—G. M. GRAY                          |     | J. J. CAHILL      |\n| SIGNED BY THE HONOURABLE HENRY EDWARD BOLTE, Premier of the State of Victoria, for and on behalf of that State, in the presence of—W. HESELTINE                               |     | HENRY E. BOLTE    |","sortOrder":49}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2401},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original purpose: establishing and empowering the Snowy Mountains Hydro-electric Authority to construct and operate the Snowy Scheme. While modern amendments have updated corporate governance mechanisms (such as applying the CAC Act 1997) and financial management rules, the substantive scope relating to hydro-electric generation, water diversion, and interstate cooperation has not expanded beyond the original 1949 intent."},"complexity_factors":["Incorporation of two intergovernmental agreements (Schedule 1 and 2) as binding instruments with technical water-sharing provisions","Cross-references to multiple external Acts including Commonwealth Authorities and Companies Act 1997, Lands Acquisition Act 1989, and Remuneration Tribunal Act 1973","Dual corporate status: Authority is a 'corporation sole' under this Act but treated as a 'body corporate' under the CAC Act","Complex financial provisions including deemed borrowings (s 28(8)), Commonwealth guarantees (s 28A), and multi-currency borrowing permissions","Detailed compensation liability framework with nested exceptions (s 33 including subsections 3A-3E) covering temporary vs permanent damage and flooding","Boundary variation procedures requiring concurrent approvals from NSW and Victorian Governors-in-Council (s 6)","Interaction with state legislation allowing Authority to exercise state-conferred powers (s 16(2))"],"plain_english_summary":"**What this Act does**\n\nThis Act creates the **Snowy Mountains Hydro-electric Authority** — a federal body responsible for building and operating one of Australia's largest infrastructure projects, the Snowy Mountains Hydro-electric Scheme.\n\n**Key purposes**\n- **Generate electricity**: Build and run dams, tunnels, and power stations in the Snowy Mountains Area (spanning NSW and Victoria) to produce hydro-electric power.\n- **Supply power**: Provide electricity to the Commonwealth (including Canberra), the Australian Capital Territory, and the state electricity commissions of New South Wales and Victoria.\n- **Divert water**: Collect, store, and divert water from the Snowy River and other rivers into the Murray and Murrumbidgee systems for both power generation and irrigation.\n\n**Who runs it**\nThe Authority is a \"corporation sole\" (a legal entity made up of one person) led by a **Commissioner** appointed by the Governor-General. The Commissioner can be assisted by up to two **Associate Commissioners**.\n\n**Powers and land use**\nThe Act gives the Authority extensive powers to:\n- Enter and survey land without notice (to check suitability for works)\n- Occupy land with 7 days' notice to build infrastructure, take materials, make roads, and construct buildings\n- Raise or lower river levels and impound water\n- Purchase or lease land and easements (rights to use someone else's land)\n\n**Compensation**\nLandowners who suffer damage from the Authority's activities are entitled to compensation. This includes:\n- Damage to land (temporary or permanent)\n- Loss from flooding caused by temporary works along the Upper Murray or Lower Tumut rivers\n- The taking of materials like timber, gravel, or stone\nCompensation is assessed under the Lands Acquisition Act 1989.\n\n**Finances and governance**\n- The Authority must operate on a revenue-neutral basis (cover its costs)\n- It can borrow money from the Commonwealth or, with the Treasurer's approval, from other sources\n- The Commonwealth can guarantee the Authority's borrowings\n- The Authority is subject to Commonwealth taxation but exempt from State/Territory taxes (unless regulations say otherwise)\n- Modern corporate governance rules (from the Commonwealth Authorities and Companies Act 1997) apply to the Authority\n\n**Interstate agreements**\nThe Act incorporates two binding agreements between the Commonwealth, NSW, and Victoria (set out in Schedules 1 and 2) that deal with water sharing, construction obligations, and liability for flooding.\n\n**Why it matters**\nOriginally driven by post-war defence needs and the growing power demands of Canberra, this Act underpins the legal framework for the Snowy Mountains Scheme — a critical piece of national infrastructure that provides renewable energy and irrigation water to south-eastern Australia."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"Section 4 — Definition of 'Associate Commissioner'","severity":"medium","reasoning":"A definition must provide substantive content that allows a reader to identify whether a person or thing falls within the defined term. Here, the defined term ('Associate Commissioner') appears verbatim in the definiens. The only additional information is 'holding office under this Act,' which is itself meaningless without knowing what the office of Associate Commissioner is. A reader encountering the term for the first time gains nothing from consulting this definition. By contrast, 'the Commissioner' is defined as 'the Commissioner constituting the Authority,' which at least links it to the Authority's structure. The Associate Commissioner definition is purely circular.","confidence":0.92,"description":"The definition of 'Associate Commissioner' is entirely circular: it defines the term by reference to itself. 'Associate Commissioner means an Associate Commissioner holding office under this Act.' This tells the reader nothing about what an Associate Commissioner actually is."},{"type":"retroactive_impossibility","section":"Section 6(3) — Snowy Mountains Area boundaries","severity":"medium","reasoning":"Section 6(2) gives the Governor-General power to define the Area by Proclamation. Until a Proclamation issues, there is no defined Area at all. Section 6(3) then locks in boundaries as they stood on 6 November 1958 as a baseline, preventing expansion without State approval. This makes sense if read in context of later amendments — s 6(3) was presumably inserted after 1958 to freeze the then-existing boundaries. However, as presented in the Act, this creates a temporal paradox: the Act purports to constrain variations to an Area whose boundaries on a specific future date are used as the reference point, meaning the constraint could not have been operative or comprehensible at the time the Act came into force. The 1958 date embedded in the text is a retroactive anchor that could only have been inserted by amendment, creating logical awkwardness in the Act as a whole instrument.","confidence":0.75,"description":"The Act commenced on Royal Assent in 1949, but s 6(3) protects land 'which was not included in that Area on 6 November 1958' — a date nine years in the future at commencement. At the time the Act came into force, no Proclamation had yet defined the Area at all (s 6(2) merely empowers the Governor-General to define it). It is therefore impossible to know, at commencement, what land 'was included in that Area on 6 November 1958,' making the protection either meaningless or retroactively defined."},{"type":"self_contradicting","section":"Section 7(2) — Authority as a corporation sole","severity":"low","reasoning":"The corporation sole structure means legally, only the Commissioner is the Authority. Yet s 15 allows the Authority to delegate powers to Associate Commissioners and officers; s 26(2) explicitly addresses members of a Snowy Mountains Council in the context of the Authority's governance; and s 11(2)(b) refers to 'meetings of the Authority' — which is a strange concept for a corporation of one. The idea of 'meetings' of a corporation sole is internally incoherent, as there is only one member. This is a low-severity structural oddity rather than a compliance impossibility, but it is a genuine logical tension in the drafting.","confidence":0.78,"description":"The Authority is constituted as a 'corporation sole' — meaning it consists of a single office-holder (the Commissioner). However, the Act also contemplates Associate Commissioners (s 8), officers and employees (s 22), and a Snowy Mountains Council (cl 17 of the Agreement, referenced in s 26(2)). A corporation sole by definition has one member; yet the Act treats the Authority as having multiple participants in its governance and operations, creating structural incoherence."},{"type":"self_contradicting","section":"Section 11(2)(b) — Meetings of the Authority","severity":"low","reasoning":"As noted above, a corporation sole has one member — the Commissioner. The Act is internally inconsistent in simultaneously establishing the Authority as a corporation sole and then providing for 'meetings' of that Authority. Associate Commissioners are assistants to the Commissioner, not members of the corporation. Leave from 'meetings' for a part-time Commissioner is logically odd when the Commissioner is the entirety of the corporation. This flows from the same structural tension identified in s 7(2).","confidence":0.72,"description":"Section 11(2)(b) grants a part-time Commissioner and part-time Associate Commissioner leave to be absent from 'a meeting or meetings of the Authority.' A corporation sole (s 7(2)) cannot hold 'meetings' in any conventional sense, as it consists of a single office-holder. The concept of a meeting presupposes multiple participants."},{"type":"impossible_compliance","section":"Section 38 — Discharge of water","severity":"high","reasoning":"The defining engineering achievement of the Snowy Scheme is the diversion of water westward into the Murray and Murrumbidgee river systems — water that would otherwise flow east to the sea via the Snowy River. The Agreement set out in Schedule 1 explicitly states that 'one of the necessary results of the construction and operation of those works will be the diversion inland into the Murray or Murrumbidgee River systems... of a substantial flow of water which has been flowing to the sea in the Snowy River.' If s 38 is read literally, the Authority cannot lawfully discharge water used for generation into the Murray or Murrumbidgee (which are not in the Snowy Mountains Area) — which would make the scheme's primary water diversion purpose impossible to fulfil. This is either a drafting failure of serious magnitude or the provision was intended to apply only to a narrow subset of operations, but on its face it is irreconcilable with the Act's own Schedule.","confidence":0.82,"description":"Section 38 mandates that ALL water used for electricity generation 'shall be discharged into a lake, river or stream in the Snowy Mountains Area.' However, s 17(1)(c) grants power to transmit electricity — implying water used in generation elsewhere may be discharged elsewhere. More significantly, a hydro-electric scheme by its very nature diverts water between catchments; the Snowy Scheme's entire purpose (as stated in the Schedule 1 preamble) is to divert Snowy River water INTO the Murray and Murrumbidgee catchments, which are not in the Snowy Mountains Area. Requiring all water used in generation to be discharged back into the Snowy Mountains Area directly contradicts the scheme's core operational design."},{"type":"other","section":"Section 41 — Regulations penalty cap vs Section 37(4) — Offence penalties","severity":"low","reasoning":"While not logically impossible, the disparity is notable: the Act's own section 37 imposes penalties up to ten times higher (for fines) than the maximum the Governor-General may prescribe by regulation under s 41. This means regulatory offences are subject to far lighter penalties than statutory offences, which may create perverse incentives — it is 'cheaper' to breach a regulation than the primary provision. This is a drafting asymmetry rather than a strict logical contradiction, but it creates potential policy incoherence.","confidence":0.85,"description":"Section 41 empowers the Governor-General to make regulations prescribing penalties up to a fine of $100 or 3 months imprisonment. However, s 37(4) prescribes penalties for offences against that section of up to $200 (summary) or $1,000 and 1 year imprisonment (indictment). The regulatory penalty cap in s 41 is thus far lower than the penalties available under the Act's own primary offence provision, creating an oddly low ceiling for regulatory offences compared to what the Act itself imposes."}],"contradictions":[{"severity":"high","section_a":"Section 38 — Discharge of water","section_b":"Schedule 1 — The Agreement (preamble and operative clauses)","confidence":0.85,"description":"Section 38 requires all water used for electricity generation to be discharged into a lake, river or stream in the Snowy Mountains Area. The Agreement in Schedule 1 — which the Act approves (s 5A) and which the Authority must comply with in all respects (s 16(3)) — is expressly premised on diverting water from the Snowy River into the Murray and Murrumbidgee catchments, which are outside the Snowy Mountains Area. These two provisions are directly incompatible: compliance with the Agreement requires discharging water outside the Snowy Mountains Area; s 38 prohibits exactly that."},{"severity":"medium","section_a":"Section 16(3) — Mandatory compliance with the Agreement","section_b":"Section 25 — Financial policy (revenue sufficiency)","confidence":0.7,"description":"Section 16(3) requires the Authority to 'comply in all respects' with the Agreement. Section 25 requires the Authority to pursue a policy of revenue sufficiency, but is expressly made '[s]ubject to subsection 16(3).' This subordination means that if the Agreement requires the Authority to supply electricity at rates or on terms that do not cover costs, the financial self-sufficiency obligation in s 25 must yield. While the drafters have acknowledged this tension by the 'subject to' caveat, it creates a genuine structural problem: the Authority may be legally unable to meet its financial obligations whilst also complying with the Agreement, and the Act provides no mechanism to resolve that shortfall."},{"severity":"medium","section_a":"Section 7(2) — Corporation sole","section_b":"Section 26(1) — Application of Commonwealth Authorities and Companies Act 1997","confidence":0.73,"description":"Section 7(2) constitutes the Authority as a 'corporation sole' — a corporation with one member (the Commissioner). Section 26(1) then applies the Commonwealth Authorities and Companies Act 1997 to the Authority 'as if the Authority were a body corporate.' The use of 'as if' implicitly acknowledges that the Authority is not, in the ordinary sense, a body corporate (since a corporation sole is a distinct legal form). However, treating a single-member corporation as a multi-director body corporate for accountability and governance purposes creates a legal fiction that sits awkwardly alongside the corporation sole structure, particularly given that s 26(2) then needs to specify who is NOT a director — a concept that should be unnecessary for a corporation sole."},{"severity":"low","section_a":"Section 13(f) — Vacation of office for contravening s 11A","section_b":"Section 12 — Dismissal by Governor-General","confidence":0.68,"description":"Section 12 allows the Governor-General to terminate the Commissioner's appointment for 'inability, inefficiency or misbehaviour.' Section 13(f) provides that office is automatically vacated if the Commissioner contravenes s 11A (disclosure of interests) without reasonable excuse. A contravention of s 11A would plainly constitute 'misbehaviour' within s 12. The result is two overlapping and potentially inconsistent mechanisms: automatic vacation under s 13(f) (which requires no Governor-General action and no opportunity to respond) vs discretionary termination under s 12 (which involves an executive decision). If automatic vacation under s 13(f) occurs instantaneously upon breach, the s 12 power is rendered otiose for this category; and the absence of any due process in s 13(f) contrasts with the Governor-General's presumably deliberative role under s 12."},{"severity":"low","section_a":"Section 30B(2) — Exemption from State and Territory taxation","section_b":"Section 30B(4) — Exemption from stamp duty under Commonwealth law","confidence":0.62,"description":"Section 30B(2) exempts the Authority from taxation under State or Territory law (subject to s 30B(3) regulations). Section 30B(4) separately exempts certain transactions from stamp duty 'under a law of the Commonwealth or of a State or Territory.' The inclusion of Commonwealth stamp duty in s 30B(4) is potentially redundant given s 30B(1) already subjects the Authority to Commonwealth taxation generally (with a carve-out only for other Acts). More significantly, the structure implies that Commonwealth stamp duty COULD otherwise apply (hence the need for a specific exemption in s 30B(4)), which sits in tension with the overall scheme of s 30B(1) which subjects the Authority to Commonwealth taxation 'except as otherwise provided.' This creates interpretive confusion about whether Commonwealth stamp duty would apply absent s 30B(4)."}]},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1949 Act was driven almost entirely by wartime and post-war defence concerns — the preamble explicitly references the need for electricity 'in time of war' and the importance of locating generation works away from likely wartime disruption. However, the Act as it now stands has evolved into a comprehensive peacetime infrastructure governance framework. The financial provisions (borrowing, guarantees, securities, taxation exemptions) have grown substantially beyond the original wartime rationale, reflecting the scheme's transformation into a major national electricity and water infrastructure asset. The Act also now incorporates intergovernmental agreements (the 1957 Schedule 1 Agreement and 1957 Supplemental Agreement) that address irrigation water distribution between NSW and Victoria — a significant water resource management function that goes well beyond the original electricity-generation-for-defence purpose. The Murray-Darling Basin savings clause (s5B) further reflects the Act's intersection with a national water management regime that did not exist in 1949."},"complexity_factors":["Heavy reliance on two external intergovernmental agreements (Schedule 1 and Schedule 2) that must be read alongside the Act to understand financial, water-sharing, and compensation obligations — the Act frequently defers to specific clauses of those agreements (e.g. clause 15, clause 17, clause 22)","Borrowing and finance provisions (sections 28, 28A, 28B) are highly detailed and layered, with multiple sub-definitions of 'securities', deemed borrowing provisions, and dual guarantee mechanisms (contract and statutory determination)","Compensation framework in section 33 has six sub-clauses including nested definitions (e.g. 'loss by flooding from temporary works'), cross-references to both Schedules, and further cross-reference to Part VIII of the Lands Acquisition Act 1989","Section 26 applies the Commonwealth Authorities and Companies Act 1997 to the Authority with modifications — certain sections excluded, certain persons deemed directors, others excluded — requiring readers to consult a third Act","The Act's Interpretation section (s4) defines 'the Agreement' differently depending on which section it is used in (the Guthega project carve-out in s5A adds a conditional dimension to a core definition)","Acting appointments provisions (s14) have seven subsections with multiple conditional triggers, vacancy scenarios, and a savings clause protecting the validity of acts done under defective appointments","Significant repetition in the document as provided (sections and preamble appear multiple times) — while this is a formatting issue rather than a drafting complexity, it reflects the layered amendments the Act has undergone over decades","Geographic boundary definition mechanism (s6) is conditional: expansion requires bi-state approval, but the 1958 date freezes the base footprint, creating a two-tier boundary change regime"],"plain_english_summary":"## What This Law Does\n\nThe **Snowy Mountains Hydro-electric Power Act 1949** is the founding law behind one of Australia's greatest engineering achievements — the Snowy Mountains Hydroelectric Scheme. It was created during the post-war period, driven by concerns about reliable electricity supply for defence purposes and the growing needs of the Australian Capital Territory (Canberra).\n\n### The Big Picture\n\nThis law does two main things:\n1. **Creates a government body** — the Snowy Mountains Hydro-electric Authority (the Authority) — to build, own, and run the scheme.\n2. **Gives that body sweeping powers** to get the job done, including entering private land, diverting rivers, and borrowing large sums of money.\n\n### Who Is The Authority?\n\nThe Authority is structured as a **\"corporation sole\"** (meaning it is legally treated as a company, but is headed by a single person — the Commissioner — rather than a board). The Commissioner is appointed by the Governor-General (Australia's head of state, acting on government advice) for terms of up to 7 years. Up to two Associate Commissioners can assist.\n\n### What Powers Does It Have?\n\nThe Authority can:\n- **Build and operate** dams, tunnels, power stations, and transmission lines in the Snowy Mountains Area (a defined region straddling south-eastern NSW and north-eastern Victoria)\n- **Enter and occupy** private land (with at least 7 days' notice) to carry out construction work\n- **Inspect land** without any notice at all\n- **Raise and lower water levels** in lakes and rivers in the area\n- **Buy, lease, and sell land and equipment**\n- **Borrow money** (with government approval) and issue financial securities (financial products like bonds)\n\n### Who Gets The Electricity?\n\nThe electricity generated must be supplied to:\n- **The Commonwealth** (for federal government and ACT use)\n- **The Electricity Commission of NSW** and the **State Electricity Commission of Victoria** (the state power distributors at the time)\n\n### Money Matters\n\nThe Authority is expected to be financially self-sustaining — it must aim to earn enough revenue to cover its costs. It can borrow money from the Commonwealth or (with the Treasurer's approval) from private sources. The Commonwealth can guarantee those borrowings. The Authority pays Commonwealth taxes but is generally **exempt from state taxes**, and its financial securities are also exempt from stamp duty.\n\n### Land Owners' Rights\n\nIf your land is affected by the Authority's works, **you are entitled to compensation**. This includes temporary and permanent damage, loss of materials taken from your land, and flooding caused by the scheme's operations along the Upper Murray and Lower Tumut rivers. Disputes about compensation are resolved using the same process as the *Lands Acquisition Act 1989*.\n\n### Criminal Offences\n\nIt is an **offence** for anyone to interfere with the Authority's works or water use in the Snowy Mountains Area. Penalties range from a $200 fine (for minor prosecutions) up to a $1,000 fine or 1 year in prison for more serious cases.\n\n### The Intergovernmental Agreements\n\nThe Act formally approves two agreements between the Commonwealth, NSW, and Victoria (set out in the Schedules) that govern how the scheme operates, how water is shared, and how electricity is distributed. South Australia's water rights under the Murray-Darling Basin agreement are explicitly protected and not overridden by this Act.\n\n### Who Is Affected?\n\n- **Landowners** in the Snowy Mountains region (NSW and Victoria) — subject to land access and potential compensation claims\n- **Workers** employed by the Authority\n- **NSW and Victorian electricity consumers** — the scheme underpins power supply to those states\n- **ACT residents** — a direct supply beneficiary\n- **State governments** — bound by the Act and the intergovernmental agreements"}},"importantCases":[],"_links":{"self":"/api/acts/snowy-mountains-hydro-electric-power-act-1949","history":"/api/acts/snowy-mountains-hydro-electric-power-act-1949/history","analysis":"/api/acts/snowy-mountains-hydro-electric-power-act-1949/analysis","conflicts":"/api/acts/snowy-mountains-hydro-electric-power-act-1949/conflicts","importantCases":"/api/acts/snowy-mountains-hydro-electric-power-act-1949/important-cases","documents":"/api/acts/snowy-mountains-hydro-electric-power-act-1949/documents"}}