Document ID: chunk:federal_register_of_legislation:C2004A03814:body:0:p13
Version: federal_register_of_legislation:C2004A03814
Segment Type: other
Provision Reference: 
Character Range: 29976–32752

Commonwealth or a State or Territory:
     (a) not to have been incorporated or established for a public purpose or for a purpose of the Commonwealth; and
     (b) not to be a public authority or an instrumentality or agency of the Crown;
except so far as express provision is made by a law of the Commonwealth, State or Territory, as the case may be.

Judicial notice of SMECs seal
"52. (1) All courts, judges and persons acting judicially shall take judicial notice of the imprint of SMEC's seal appearing on a document and shall presume that it was duly affixed.
"(2) Subection (1) applies only in relation to an imprint that was affixed, or appears to have been affixed, before the transition.

Compensation for acquisition of property
"53. (1) Where, but for this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms, there is payable to the person by SMEC such reasonable amount of compensation as is agreed between the person and SMEC or, failing agreement, as is determined by a court of competent jurisdiction.
"(2) Any damages or compensation recovered or other remedy given in proceedings that are instituted otherwise than under this section shall be taken into account in assessing compensation payable in proceedings that are instituted under this section and that arise out of the same event or transaction.
"(3) In this section, 'acquisition of property' and 'just terms' have the same respective meanings as in paragraph 51 (31) of the Constitution.

Public Works Committee Act
"54. The Public Works Committee Act 1969 does not apply in relation to SMEC.

Lands Acquisition Act
"54a. (1) The Lands Acquisition Act 1989 does not apply in relation to the acquisition of land, or an interest in land, by SMEC.
"(2) In subsection (1):
'interest', in relation to land, means:
        (a) a legal or equitable estate or interest in the land; or
        (b) a right, power or privilege over, or in relation to, the land.

Additional powers and functions under State laws
"54b. (1) It is the intention of the Parliament that SMEC should have any additional powers and functions that are conferred on it by or under a law of a State.
"(2) Subsection (1) has effect subject to the regulations.".

PART III—CONSEQUENTIAL AMENDMENTS OF OTHER ACTS

Consequential amendments
16. The Acts specified in the Schedule are amended as set out in the Schedule.

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SCHEDULE Section 16

CONSEQUENTIAL AMENDMENTS OF OTHER ACTS

Commonwealth Borrowing Levy Act 1987

Schedule (item 20):
Omit "Snowy Mountains Engineering Corporation", substitute "Snowy Mountains Engineering Corporation Limited".

Freedom of Information Act 1982

Part I of Schedule 2:
Omit "Snowy Mountains Engineering Corporation".

Sales