Document ID: chunk:federal_register_of_legislation:C2004A03814:body:0:p4
Version: federal_register_of_legislation:C2004A03814
Segment Type: other
Provision Reference: 
Character Range: 8253–11005

no share in which is beneficially owned by a person other than:
        (i) SMEC; or
        (ii) a body of a kind referred to in subparagraph (b) (ii).

Operating under a name
"3a. A reference in this Act to a protected body operating in a State or Territory under a particular name includes a reference to the body engaging in conduct that, for the purposes of a law in force in the State or Territory, constitutes:
     (a) in any case—using the name in the State or Territory;
     (b) if the name is the body's name—establishing a place of business, or carrying on a business, within the State or Territory; or
     (c) if paragraph (b) does not apply—carrying on business under the name in the State or Territory.

Subsidiaries
"3b. For the purposes of this Act, the question whether a body corporate is a subsidiary of another body corporate shall be determined in the same manner as the question whether a corporation is a subsidiary of another corporation is determined under the Companies Act 1981.

Operation of Act
"3c. This Act applies both within and outside Australia.

Extension to external Territories
"3d. This Act extends to all external Territories.".

Repeal of sections 4 and 5
6. (1) Section 4 of the Principal Act is repealed.
(2) Section 5 of the Principal Act is repealed.

Repeal of Part II
7. (1) Section 6 of the Principal Act is amended by omitting subsections (2), (3) and (4).
(2) Part II of the Principal Act is repealed.

Heading to Part III
8. The heading to Part III of the Principal Act is amended:
     (a) by inserting "ADDITIONAL" before "FUNCTIONS";
     (b) by omitting "THE CORPORATION" and substituting "SMEC".

Additional functions
9. Section 17 of the Principal Act is amended:
     (a) by omitting subsections (1) and (1a) and substituting the following subsection:
     "(1) The functions of SMEC include investigating, advising on, designing, supervising, and constructing, engineering works.";
     (b) by omitting from subsection (2) "the Corporation" and substituting "SMEC";
     (c) by omitting from subsection (2) "or (1a)";
     (d) by omitting subsections (3) and (6) and substituting the following subsections:
     "(3) The Minister may, in writing, approve the exercise by SMEC of a function referred to in subsection (1).
     "(4) This section has effect subject to the Companies Act 1981 and to SMEC's memorandum and articles.".
10. Section 18 of the Principal Act is repealed and the following section is substituted:

Additional powers
"18. (1) SMEC has power to do all things necessary or convenient to be done for, or in connection with, the performance of a function referred to in subsection 17 (1).
"(2) Subsection (1) shall not be taken to limit by implication any power that SMEC