Acts Amendment (Pensioners Rates Rebates and Deferments) Act 1977 (WA)

WESTERN AUSTRALIA.

ACTS AMENDMENT

(PENSIONERS RATES

REBATES AND DEFERMENTS).

No. 5 of 1977.

AN ACT to amend the Local Government Act, 1960-

1976 and the Pensioners (Rates Exemption)

Act, 1966.

[Assented to 30th September, 19771

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1.    This Act may be cited as the Acts Amendment titr.t

(Pensioners Rates Rebates and Deferments) Act,

1977.

2.    This Act shall be deemed to have come into 2)er" e -

operation on the 1st July, 1977.

No. 5.] Acts Amendment (Pensioners Rates [1977.

Rebates and Deferments).

PART I.

Citation.

3.    (1) In this Part the Local Government Act,

1960-1976 is referred to as the principal Act.

(2) The principal Act as amended by this Act may

be cited as the Local Government Act, 1960-1977.

Section 560

Subsection (1) of section 560 of the principal Act is amended by deleting the words "section five hundred and sixty-one", in lines one and two, and inserting in lieu thereof the passage "the Pensioners (Rates Rebates and Deferments) Act, 1966,".

amended. 4.

Section 561	5.	The principal Act is amended by repealing
repealed.

section 561 thereof.

PART II.

Citation.

6.    (1) In this Part the Pensioners (Rates

Exemption) Act, 1966 is referred to as the principal

Act.

(2) The principal Act as amended by this Act may

be cited as the Pensioners (Rates Rebates and

Deferments) Act, 1966-1977.

Long title

substituted. 7. The principal Act is amended by deleting the

long title and inserting in lieu thereof a long title

as follows

An Act to entitle certain pensioners to Rebates of, or Deferments of payment of, amounts payable for Rates or Charges under the Metropolitan Water Supply, Sewerage, and Drainage Act, 1909, as amended from time to time, and other Acts, as so amended; to repeal the Pensioners (Rates Exemption) Act, 1922-1943; and for incidental and other purposes. .

1977.] Acts Amendment (Pensioners Rates [No. 5.

Rebates and Deferments).

8. Subsection (1) of section 3 of the principal amended.

Act is amended

(a) by inserting immediately before the inter- pretation "owner" interpretations as follows

"child", in relation to a pensioner, includes an adopted child, a step- child, or an ex-nuptial child of that pensioner, and also includes a child to whom that pensioner stands in loco parentis;

"deferment" means a deferment pursuant to this Act of the payment of amounts of rates, or charges in lieu of rates;

"dependant", in relation to a pensioner,

means

(a) the spouse of that pensioner;

(b) a child of that pensioner being a child-

(i) who is less than eighteen years of age; or

(ii)    who is eighteen years of age or more but less than twenty-five years of age, and who is receiving full time education at a school, college, or university; and

(c)

a person who is wholly

engaged-

(i)

in housekeeping for that

pensioner; and

(ii)  where there are any other dependants of that pensioner, in caring for those depend- ants;

No. 5.] Acts Amendment (Pensioners Rates [1977.

Rebates and Deferments).

"entitled pensioner" means a pensioner who is entitled to a rebate or defer- ment, as the case may be, pursuant to sections four and five of this Act; ;

(b)	by adding after the word "rent", being the last word in the interpretation "owner", the passage ", and, in relation to any land vested in the Crown, includes a person who is authorised by the Crown to occupy the land pursuant to a lease, licence, conces- sion, or any other arrangement " ;
(c)	by deleting the interpretation "pensioner" and inserting in lieu thereof an interpreta- tion as follows

"pensioner" means a pensioner as defined under the National Health Act 1953 of the Parliament of the Commonwealth; ; and

(d) by adding at the end thereof interpreta- tions as follows

"rebate" means a rebate pursuant to this Act of amounts of rates, or charges in lieu of rates;

"rebated amount" means the balance of the amount of rates or charges payable by an entitled pensioner pursuant to this Act after deduction of a rebate. .

Section 4

repealed	9. Section 4 of the principal Act is repealed and
and

re-enacted.	re-enacted as follows-
Rebates or

deferments	4. (1) Subject to this Act an administrative authority shall allow to pensioners, who have been registered as entitled pensioners pursuant to this Act, rebates of twenty-five per cent of, or deferments of the payment of, amounts payable for rates, or charges in lieu of rates,
to certain
pensioners.

1977.] Acts Amendment (Pensioners Rates [No. 5.

Rebates and Deferments).

levied under any of the Acts specified in the Second Schedule to this Act and as amended from time to time in respect of land of which the pensioner is in actual occupation as owner, but not including charges for water supplied other than water in return for rates or charges in lieu of rates.

(2) Where, apart from this Act, an adminis- trative authority allows, subject to specified conditions, a discount of an amount of a rate, or a charge in lieu of rate, levied under any of the Acts specified in the Second Schedule to this Act and as amended from time to time, the rebate allowed to an entitled pensioner pursuant to this Act shall be twenty-five per cent of the amount of those rates or charges after the deduction of the discount allowed apart from this Act (that amount after that deduction being hereinafter referred to as the discounted amount) and the administrative authority shall allow the discount apart from this Act if the entitled pensioner pays seventy-five per cent of the discounted amount but otherwise complies with those specified conditions.

(3) A pensioner is not, in respect of any land, entitled to a rebate or deferment if

(a)	the land is occupied by that pensioner and a person who is neither a pensioner nor a dependant of the pensioner occupying the land; or
(b)	the land is partly owned by that pensioner and partly owned by a person who is neither a pensioner nor a dependant of that pensioner who partly owns the land.

(4) A pensioner is not, in respect of any land, entitled pursuant to this Act to a rebate of amounts payable for rates, or charges in lieu of rates if

(a) the rates or charges were levied in respect of a period that commenced before the 1st July, 1977; or

No. 5.] Acts Amendment (Pensioners Rates [1977.

Rebates and Deferments).

(b) the rates or charges were paid before the pensioner became an entitled pensioner. .

Section 5

repealed and	10. Section 5 of the principal Act is repealed and
re-enacted.

re-enacted as follows-

Effect of

payment or

non-pay-	5. (1) Where an entitled pensioner pays the
ment of

rebated	rebated amount of rates or charges within the
amount.	period for which they were levied

(a)	the pensioner shall not be liable for any further amount for those rates or charges; and
(b)	the administrative authority shall, subject to section ten of this Act, have no further claim in respect of those rates or charges.

(2) Where an entitled pensioner does not pay the rebated amount of rates or charges within the period for which they were levied, the pen- sioner is liable for the full amount of those rates or charges without any rebate, but the admin- istrative authority shall defer the payment of that full amount until the sale or transfer of the land by the pensioner, or the death of the pensioner, whichever event first occurs, or until the pensioner ceases to be an entitled pensioner. .

Section

amended. 11. Section 6 of the principal Act is amended by

deleting the words "section five of", in line two.

Section 8

amended.	12. Section 8 of the principal Act is amended by deleting the words "exemption from rates or charges is claimed", in lines one and two, and inserting in lieu thereof the words "rates or charges are deferred".
Section 9

amended. 13. Section 9 of the principal Act is amended

(a) by deleting the words "exemption from rates or charges is claimed", in lines one and two, and inserting in lieu thereof the words "rates or charges are deferred"; and

1977.] Acts Amendment (Pensioners Rates [No. 5.

Rebates and Deferments).

(b) by deleting the words "that exemption may be granted", in line eight, and inserting in lieu thereof the words "the rates or charges are deferred".

Section 10

14. The principal Act is amended by adding a new added.

section as follows-

Subsidy

10. In respect of rates or charges levied

and

assistance

pursuant to the Water Boards Act, 1904, as	to certain adminis-
amended from time to time, and the Local	trative
Government Act, 1960, as amended from time	authorities.
to time, the Treasurer of the State

(a)	shall pay to the administrative authority which levied the rates or charges amounts equal to rebates allowed by that authority pursuant to this Act; and
(b)	shall provide to the administrative authority which levied the rates or charges financial assistance in respect of deferments allowed by that authority pursuant to this Act.

Section 11

15. The principal Act is amended by adding a added.

new section as follows-

Applications

11. (1) A person who wishes to be registered as an entitled pensioner shall make an

to be

registered

as entitled

application to the relevant administrative

Pensioners.

authority and the application

(a)	shall be substantially in a form approved by the Minister responsible for the administration of the Act pursuant to which the rates or charges are levied; and
(b)	shall furnish as accurately as possible the information requested on the form.

Authority

(2) Where, on an application made pursuant to subsection (1) of this section, an adminis-

to register

entitled

Pensioners.

trative authority is satisfied that the person by

No. 5.] Acts Amendment (Pensioners Rates [1977.

Rebates and Deferments).

whom the application was made is an entitled pensioner, the administrative authority shall register him as such.

(3) Where a person who is registered as an entitled pensioner pursuant to subsection (2) of this section ceases to be an entitled pensioner, that person shall give notice thereof to the administrative authority and thereupon the administrative authority shall cancel the registration.

(4) Any person-

(a)	who makes a wilfully false statement in an application made pursuant to this section; or
(b)	who remains registered as an entitled pensioner knowing that he is not qualified to be so registered,

is guilty of an offence.

Penalty: $200. .

Section 12

added.

16. The principal Act is amended by adding a

new section as follows-

Non-entitled

persons	12. Where, in purported pursuance of this
receiving

rebates or Act, a person other than an entitled pensioner

deferments.

receives a rebate of, or deferment of the pay- ment of, amounts of rates or charges in lieu of rates

(a)	the amount of the rebate or the amount deferred is payable to the relevant administrative authority on demand and is recoverable in any court of competent jurisdiction and, in addition, that person is liable to any penalty in respect of arrears of rates or charges that may apply apart from this Act; and
(b)	where the rebate or deferment was received as a result of a wilfully false statement of that person in an applica- tion made for the purposes of this Act,

1977.] Acts Amendment (Pensioners Rates [No. 5.

Rebates and Deferments).

or as a result of that person remaining registered as an entitled pensioner knowing that he was not qualified to be so registered, the provisions of paragraph (a) of this section are in addition to the provisions of subsection (4) of section eleven of this Act. .

Section 13

17. The principal Act is amended by adding a added.

new section as follows-

13. (1) Notwithstanding any other provision of this Act or any provision of the Local Govern- ment Act, 1960, where the payment by a person of rates or charges levied in respect of periods that commenced before the 1st July, 1977, was immediately before that date deferred pursuant to section five of this Act as then in force or postponed pursuant to section five hundred and sixty-one of the Local Government Act, 1960 as then in force, such payment shall, subject respectively to the other provisions of those Acts as then in force, continue to be deferred or postponed until the sale or transfer by the person of the land concerned, or his death, whichever first occurs, or until the person ceases to hold the qualifications which entitled him to have that payment deferred or postponed pursuant to the provisions of section five of this Act, or section five hundred and sixty-one of the Local Government Act, 1960 as the case may be, as then in force. .	Saving.
(2) Rates or charges that continue to be deferred or postponed pursuant to subsection (1) of this section shall be deemed to be deferred pursuant to this Act as amended by the Acts Amendment (Pensioners Rates Rebates and Deferments) Act, 1977. .
Second

18. The Second Schedule to the principal Act is Schedule

amended by adding at the bottom thereof a passage	amended.
as follows

Local Government Act, 1960. .