Commonwealth Numbered Acts

SNOWY MOUNTAINS ENGINEERING CORPORATION (CONVERSION INTO PUBLIC COMPANY) ACT 1989 No. 66, 1989 - SECT 13

13. After Part V of the Principal Act the following Parts are inserted:

"PART VA-USE OF CERTAIN NAMES Protected body may operate under protected
company name

"39A. A protected body whose name is a protected company name may operate
under the name in a State or Territory even if the name is not registered in
relation to the body under a particular law, or any law, in force in the State
or Territory. Protected body may operate under protected business name

"39B. (1) A protected body may operate under a protected business name in a
State or Territory even if the name is not registered in relation to the body
under a particular law, or any law, in force in the State or Territory.

"(2) Nothing in this section permits more than one body to operate under the
same name at the same time in the same State or Territory. Other persons not
to use protected names

"39C. (1) A person other than a protected body shall not:

   (a)  use in relation to a business, trade, profession or occupation;

   (b)  use as the name, or as part of the name, of any firm, body corporate,
        institution, premises, vehicle, ship or craft (including aircraft);

   (c)  apply, as a trade mark or otherwise, to goods imported, manufactured,
        produced, sold, offered for sale or let for hire; or

   (d)  use in relation to:

        (i)    goods or services; or

        (ii)   the promotion, by any means, of the supply or use of goods or
               services; a protected name, or a name so closely resembling a
               protected name as to be likely to be mistaken for it.
Penalty: $1,000.

"(2) Nothing in subsection (1) limits anything else in that subsection.
Exceptions for pre-existing rights

"39D. (1) Nothing in section 39C, so far as it applies in relation to a
particular protected name, affects rights conferred by law on a person in
relation to:

   (a)  a trade mark that is registered under the Trade Marks Act 1955; or

   (b)  a design that is registered under the Designs Act 1906; and was so
        registered at the protection time in relation to the name.

"(2) Nothing in section 39C, so far as it applies in relation to a particular
protected name, affects the use, or rights conferred by law relating to the
use, of a name (in this subsection called the 'relevant name') by a person in
a particular manner if, at the protection time in relation to the protected
name, the person:

   (a)  was using the relevant name in good faith in that manner; or

   (b)  would have been entitled to prevent another person from passing off,
        by means of the use of the relevant name or a similar name, goods or
        services as the goods or services of the first-mentioned person. Use
        of other names by protected bodies

"39E. This Part does not prevent a protected body from operating in a State or
Territory under a name other than a protected name. Effect on State and
Territory laws

"39F. This Part does not prevent a protected body from registering a name
under a law of a State or Territory.

"PART VB-STAFF MATTERS Employment of staff members continues after transition

"39G. Subject to this Part, each staff member continues, at and after the
transition, to be employed by SMEC on the terms and conditions on which he or
she was employed by SMEC immediately before the transition. Act not to affect
certain matters relating to staff members

"39H. (1) This section has effect for the purposes of the application, at any
time at or after the transition, of a law, award, determination or agreement
in relation to the employment of a staff member.

"(2) Neither his or her contract of employment, nor his or her period of
employment, shall be taken to have been broken by the operation of this Act.

"(3) Without limiting section 39G or subsection (2) of this section, this Act
does not affect any accrued rights that the staff member had immediately
before the transition in relation to any kind of leave.

"(4) Where:

   (a)  if the staff member had, immediately before the transition, ceased to
        be employed by SMEC, it would have been necessary to take into account
        a period during which the staff member was employed by SMEC or any
        other person to determine:

        (i)    an amount payable to the staff member; or

        (ii)   a benefit to which the staff member would have been entitled;
because of his or her so ceasing; and

   (b)  but for this subsection, some or all of that period would not have to
        be taken into account as a period during which the staff member was
        employed by SMEC; SMEC shall treat the whole of the first-mentioned
        period as a period during which the staff member was employed by it.
        Effect of sections 39G and 39H

"39J. Sections 39G and 39H are enacted only for the avoidance of doubt and, in
particular, do not limit subsection 65 (5) or 87 (2) of the Companies Act 
1981 . Variation of terms and conditions of employment

"39K. (1) It is a term of each staff member's employment after the transition
that the terms and conditions of that employment may be varied to the extent
to which, and in the manner in which, the terms and conditions of his or her
employment could, immediately before the transition, be varied under this Act.

"(2) Nothing in this Part prevents the terms and conditions of a staff
member's employment after the transition from being varied:

   (a)  in accordance with those terms and conditions; or

   (b)  by or under a law, award, determination or agreement.

"(3) In this section:
'terms and conditions' includes a term or condition existing because of
subsection (1);
'vary', in relation to terms and conditions, includes vary by way of:

   (a)  omitting any of those terms and conditions;

   (b)  adding to those terms and conditions; or

   (c)  substituting new terms or conditions for any of those terms and
        conditions. Application of Part IV of Public Service Act

"39L. For the purposes of the application of Part IV of the Public Service Act
1922 in relation to a staff member, SMEC shall be taken to be, at and after
the transition, a Commonwealth authority for the purposes of that Part.
                           "PART VC-TAXATION MATTERS
Interpretation

"39M. In this Part:
'exempt matter' means:

   (a)  the issue of shares under subsection 18B (2);

   (b)  the reservation of name made by paragraph 18C (5) (b);

   (c)  the change of name made by subsection 18D (1);

   (d)  SMEC's registration as a company by force of this Act;

   (e)  the operation of this Act; or

   (f)  giving effect to a matter referred to in another paragraph of this
        definition or otherwise giving effect to this Act;
'tax' includes:

   (a)  sales tax;

   (b)  tax imposed by the Debits Tax Act 1982;

   (c)  fees payable under the Companies (Fees) Act 1981;

   (d)  stamp duty; and

   (e)  any other tax, fee, duty, levy or charge;
but does not include income tax imposed as such by a law of the Commonwealth.
Exemptions relating to exempt matters

"39N. Tax under a law of the Commonwealth or a State or Territory is not
payable in relation to:

   (a)  an exempt matter; or

   (b)  anything done (including a transaction entered into or an instrument
        or document made, executed, lodged or given) because of, or for a
        purpose connected with or arising out of, an exempt matter. Authorised
        person may certify in relation to exemptions

"39P. (1) An authorised person may, by signed writing, certify that:

   (a)  a specified matter or thing is an exempt matter; or

   (b)  a specified thing was done (including, for example, a transaction
        entered into or an instrument or document made, executed, lodged or
        given) because of, or for a purpose connected with or arising out of,
        a specified exempt matter.

"(2) For all purposes and in all proceedings, a certificate under subsection
(1) is conclusive evidence of the matters certified, unless the contrary is
established. SMEC taken to have had share capital for purposes of Income Tax
Assessment Act

"39Q. For the purposes of the Income Tax Assessment Act 1936, SMEC shall be
taken to have had, at all times before it complied with subsection 18B (2) of
this Act, a share capital, all the issued shares in which were, at all such
times, beneficially owned by the Commonwealth.".