Local Government (Averaging of Valuations) Act 1991 (Qld)

494 LOCAL GOVERNMENT (AVERAGING VALUATION S) ACT 1991 TABLE OF PROVISIONS Section 1. Short title .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . 2. Interpretation .. .. .. .. .. .. .. .. .... .. .. .. . . 3. Averaged rateable value of rateable land .... .. .. .. 4. Determination of averaged rateable value .. .. .. .. 5. Rates, etc. payable on rateable land under other Acts Page 495 495 496 496 497 ANNO QUADRAGESINIO ELIZABETHAE SECUNDAE REGINAE No. 26 of 1 99 1 An Act to authorise the averaging of valuations of land by Local Authorities for rating purposes , and for related purposes [Assented to 5 June 1991]

Local Government (Averaging of Valuations) No. 26, 1991 495 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows. Short title 1. This Act may be cited as the Local Government (Averaging of Valuations ) Act 1991. Interpretation 2. In this Act- "Area" means the district in which a Local Authority has jurisdiction; "current value" , in relation to rateable land, means the valuation of that land that is or will be effective under the Valuation of Land Act1944 for the purpose of levying rates by the relevant Local Authority in respect of a specified year; "effective valuation ", in relation to rateable land, means the valuation of that land that was last effective under the Valuation of Land Act1944 for the purpose of levying rates by the relevant Local Authority in respect of a year preceding a specified year; "Local Authority" means a Local Authority constituted under the Local Government Act 1936 or the Brisbane City Council, as the case requires; "rateable land" means land in an Area that is rateable for the purposes of the Act; "rateable value ", in relation to rateable land, means the value which is its rateable value or unimproved value, as the case requires, for the purpose of the making and levying by a Local Authority of rates under the Act; "specified year " means a year specified by a Local Authority by resolution under section 3; "the Act" means the Local Government Act 1936 or the City of BrisbaneAct 1924, as the case requires; "valuation " means a valuation as finally determined by the Valuer- General or the Land Court under the Valuation of Land Act 1944; "year" means a period from 1 July to the next following 30 June, both dates inclusive.

496 Local Government (Averaging of Valuations) No. 26, 1991 Averaged rateable value of rateable land 3. (1) A Local Authority may, by resolution, determine that, for the purpose of making and levying rates in respect of a specified year, the rateable value of each parcel of rateable land in its Area is to be the averaged rateable value of the land. (2) The resolution must specify that the methods of calculation of the averaged rateable value are either of- (a) the methods referred to in section 4(l)(a), (c) and (d); or (b) the methods referred to in section 4(l)(b), (c) and (d); but not both. Determination of averaged rateable value 4. (1) The averaged rateable value of each parcel of rateable land in an Area is- (a) if the land has a current value and had effective valuations for each of the 2 years immediately preceding the specified year and the Local Authority resolves to use this method, an amount calculated by dividing the sum of the current value and the 2 effective valuations by 3; or (b) if the land has a current value and had an effective valuation for the year immediately preceding the specified year and the Local Authority resolves to use this method, an amount calculated by dividing the sum of the current value and the effective valuation by 2; or (c) in any other case-an amount calculated by multiplying the current value by the prescribed number; or (d) the current value; whichever is the lesser. (2) (a) For the purposes of subsection (1)(c), the prescribed number is the number, taken to 2 decimal places, calculated by dividing the sum of the effective valuations for all rateable land in the Area for the 2 years or the year immediately preceding the specified year as the case requires, and the current value for all rateable land in the Area by x times that current value. (b) In paragraph (a) "x" is- (i) if the method in section 4 (1)(a) is used, 3; or (ii) if the method in section 4 (1)(b) is used, 2.

Local Government ( Averaging of Valuations) No. 26, 1991 497 (3) For the purpose only of a calculation of the prescribed number under subsection ( l)(c) any variation to the current value or the effective valuation of land made under the Valuationof Land Act1944 not in the possession of the Local Authority at the date the resolution under section 3 is made is to be ignored. Rates, etc. payable on rateable land under other Acts 5. (1) If a resolution under section 3 is in force for an Area in relation to a specified year, a reference in any Act to the rateable value or the unimproved value of land for the purpose of making and levying the amount of any rate by the Local Authority is, in relation to rateable land in the Area, a reference to the averaged rateable value of the land. (2) Subsection (1) does not prevent a Local Authority from determining a minimum amount of the general rate to be levied under the Act. Minister's Second Reading Speech made on 21 May 1991.