Land Rent and Rates (Deferment and Remission) Act 1973 (ACT)

No. 27 of 1973

AN ORDINANCE

To amend the Land Rent and Rates (Deferment) Ordinance 1970.

I, T H E G O V E R N O R - G E N E R A L of Austra l ia , act ing with the advice of the Execut ive Counci l , hereby m a k e the following Ord inance under

the Seat of Government (Administration) Act 1910 -1972 .

Dated this fourth day of July, 1973 .

P A U L H A S L U C K Governor -Genera l .

By His Excellency's	C o m m a n d ,
R E X P A T T E R S O N

Minister of State for Nor the rn Development , acting for and on behalf of the Minis ter of State for the Capi ta l Terr i tory.

L A N D R E N T A N D R A T E S ( D E F E R M E N T A N D R E M I S S I O N )

O R D I N A N C E 1973

1. ( 1 ) This Ord inance may be cited as the Land Rent and Rates

(Deferment and Remission) Ordinance 1 9 7 3 . *

( 2 ) T h e Land Rent and Rates (Deferment) Ordinance 1 9 7 0 t is in

this Ord inance referred to as the Principal Ord inance .

( 3 ) T h e Principal Ord inance , as amended by this Ord inance , may

be cited as the Land Rent and Rates (Deferment and Remission)

Ordinance	1 9 7 0 - 1 9 7 3 .
t Ordinance N o . 5, 1970.

2.   Section 2 of the Principal Ordinance is amended—

( a ) by omit t ing from the definition of " M a g i s t r a t e " in sub­ section ( 1 ) the words " Stipendiary Magis t ra te or Special " ;

( b ) by omit t ing from paragraph ( a ) of the definition of

" p e n s i o n e r " the figures " 1 9 6 9 " and substi tuting the

figures " 1973 " ;

(c) by omitting from paragraph (c) of that definition the

figures " 1 9 6 9 " and substi tuting the figures " 1973 " ;

( d ) by omit t ing from sub-paragraph ( i i ) of pa rag raph ( c ) of

that definition the word " or " ;

• Notified in the Australian Government Gazette on 5 July 1973.

708 No. 27 Land Rent and Rates (Deferment and Remission) 1973;

(e) by inserting after paragraph (c) of that definition following paragraph:-

" (ca) a person to or in respect of whom there is be

paid, under Division 1 of Part l3.I of Repatriation Act 1920-1973, a pension in res of incapacity, being total incapacity for the poses of that Act; or ";

( f )	by omitting from paragraph (d) of that definition the figures
" 1968 " (wherever occurring) and substituting the figures " 1973 "; and
(g)	by omitting from sub-section (2) the figures " 1969" , (wherever occurring) and substituting the figures " 1973 ".

3. After section 8 of the Principal Ordinance the following section is

inserted:-

Effect of " 8 ~ . (1) Where- .

.. .

rebate on

determina-	(a) by virtue of a determination, the obligation of a person, or of
tion.	two or more persons, to pay rates imposed by the Rates Ordinance is deferred; and

(b) either-

(i)	that person, or each of those persons, lodges a declaration in accordance with section 2 1 ~ within the time specified in a notice of assessment given under section 14 of the Rates Ordinance in relation to those rates; or	'
(ii)	that person pays, or those persons pay, an amount in accordance with a declaration made by the Minister under section 21c in relation to those rates,

that determination does not have effect in relation to those rates.

" (2) Subject to sub-section ( l ) , the lodging of a declaration in

pursaance of section 2 1 ~ does not affect the operation of a determination, and the determination continues in force as if the rates to which the declaration relates had not become due.".

4.   After section 21 of the Principal Ordinance the following sections

are inserted:-

Inter~reta- " 2 1 ~ . In sections 2 1 ~ and 21c, unless the contrary intention

tion. appears;-

land rates ' means the amount of rates due under the Rates

Ordinance in respect of a parcel of land in respect of a	-
rating year;
'	rating year ' means the period of twelve months commencing a

on the k s t day of July in any year;

' sewerage rates ' means the amount of rates due under the Sewerage Rates Ordinance 1968-1972 in respect of a parcel of land in respect of a rating year;

' water rates ' means the amount of rates due under the watfr Rates Ordinance 1959-1973 in respect of a parcel of land m

respect of a rating year.

" 2 1 B . ( 1 ) W h e r e —

( a )	not ice in writ ing of the a m o u n t of l and ra tes , sewerage rates or water rates payab le by a person in respect of a parcel of l and is given to tha t pe r son ;
(b)	that person is, during any part of the year in respect of

which the rates are payab le , a pensioner ; and

( c )	within the t ime specified in the notice, o r within such further t ime (if any) as the Minister allows, that person lodges with the Secretary, Depa r tmen t of the Cap i ta l Terr i tory, a
declara t ion in accordance with F o r m 3 ,

the liability of tha t person to pay those rates is d ischarged by paymen t of

an a m o u n t equal to one-half of the a m o u n t of those rates.

" ( 2 ) W h e r e —

( a )	not ice in writing of the a m o u n t of land rates , sewerage rates or water rates payable by two or m o r e persons in respect of the same parcel of land is given to those persons ;
(b)	each of those persons is, during the whole or a part of the
year in respect of which the rates are payable , a pensioner ; and
( c )	within the t ime specified in the not ice , or within such further t ime (if any) as the Minister allows, each of those persons lodges with the Secretary, D e p a r t m e n t of the Capi ta l Terr i tory, a declarat ion in accordance with F o r m 3 ,

the liability of those persons to pay those rates is discharged by the

paymen t of an a m o u n t equal to one-half of the amoun t of those rates.

" 2 1 c . ( 1 ) W h e r e —

( a )	not ice in writ ing of the a m o u n t of land rates, sewerage rates and water rates payable by a person in respect of a parcel of land is given to that person; and
(b)	the Minister is satisfied that the payment by that person of

those rates would cause undue hardsh ip to that person,

the Minis ter may, by ins t rument in w r i t i n g —

(c)	declare that the payment by that person of an amount	specified in the declarat ion within the t ime specified in the	declarat ion will discharge the liability of that person in
respect of those ra tes ; or
(d)	declare that the liability of that person in respect of those
rates is discharged.

" ( 2 ) W h e r e —

( a )	not ice in writ ing of the a m o u n t of land ra tes , sewerage rates or water rates payable by two or m o r e persons in respect of a parce l of l and is given to those persons ; and
(b)	the Minister is satisfied that the payment by those persons
of those rates would cause u n d u e ha rdsh ip to one or m o r e of those persons ,

the Minis ter may , by ins t rument in wr i t i ng—

(c) declare that the payment by those persons of an amount

specified in the declara t ion within the t ime specified in the

declara t ion will d ischarge the liability of those persons in

respect of those ra tes ; or

( d ) dec lare tha t the liability of those persons in respect of those rates is discharged.

" ( 3 ) Where the Minis ter declares, unde r sub-section ( 1 ) or ( 2 ) ,

tha t the paymen t by a person or by persons of an a m o u n t specified in the declara t ion will d ischarge the liability of that person or those persons in respect of the rates to which the declara t ion relates, paymen t of that amoun t within the t ime specified in the declara t ion, or within such further t ime as the Minis ter allows, discharges the liability of that person or those persons , as the case may be, in respect of those rates.

" ( 4 ) Where , in pursuance of sub-section ( 1 ) , the Minister declares

that the liability of a person, or of persons, to pay land rates , sewerage rates or water rates in respect of a ra t ing year is discharged, the liability of that person or those persons in respect of those rates in respect of that

ra t ing year is the reupon discharged.

" 2 I D . No th ing in this Ord inance affects the opera t ion of section

2 8 A	of the Rates Ordinance 1 9 2 6 - 1 9 7 1 , section 23 of the Sewerage
Rates	Ordinance 1 9 6 8 - 1 9 7 2 , or section 29 of the Water Rates Ordinance

1 9 5 9 - 1 9 7 3 . " .

5 . T h e Schedule to the Pr incipal Ord inance is amended by adding

at the end thereof the following F o r m : —

FORM 3 Section 21B

LAND R E N T AND RATES (DEFERMENT AND REMISSION) ORDINANCE

Application for Remission of Rates.

I (name)
of (address)

declare—

1. I am a pensioner within the meaning of the Land Rent and Rates (Deferment and

Remission) Ordinance 1970-1973.

2. My pension number is

and I apply for remission of—

* General	rates
* Sewerage	rates
•Water rates

for the period

Date

(Signature)

* Strike out if not appropriate.