Local Government (Rates and Charges Remissions) Amendment Act 2001
An Act to amend the Local Government (Rates and Charges Remissions) Act 1991
[Royal Assent 29 June 2001]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
1Short titleThis Act may be cited as the Local Government (Rates and Charges Remissions) Amendment Act 2001 . 2CommencementThis Act commences on 1 July 2001 or, if it has not received Royal Assent by that date, it is taken to have commenced on 1 July 2001. 3Principal ActIn this Act, the Local Government (Rates and Charges Remissions) Act 1991 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3 of the Principal Act is amended as follows: (a) by omitting the definition of eligible pensioner and substituting the following definitions: charges means charges payable under Part 9 of the Local Government Act 1993 and, if a discount has been given, means the amount of charges actually paid, but does not include any penalty or interest charges imposed under that Act; eligible pensioner means the following: (a) the holder of a current Pensioner Concession Card issued under a relevant Act of the Commonwealth; (b) a war widow; (c) a war widower; (d) a totally and permanently incapacitated person; (b) by omitting the definition of rates and charges and substituting the following definition: rates means rates payable under Part 9 of the Local Government Act 1993 and, if a discount has been given, means the amount of rates actually paid, but does not include any penalty or interest charges imposed under that Act; (c) by omitting "rebate." from the definition of remission and substituting "rebate;"; (d) by inserting the following definitions after the definition of remission : totally and permanently incapacitated person means a person to whom section 24 of the Veterans’ Entitlements Act 1986 of the Commonwealth applies; war widow means a war widow receiving a pension under Part II or IV of the Veterans’ Entitlements Act 1986 of the Commonwealth at a rate determined in accordance with subsection 30(1) of that Act; war widower means a war widower receiving a pension under Part II or IV of the Veterans’ Entitlements Act 1986 of the Commonwealth at a rate determined in accordance with subsection 30(1) of that Act. 5Section 4 amended (Municipalities to remit rates and charges) Section 4 of the Principal Act is amended as follows: (a) by inserting in subsection (1) "and subsection (3C) " after " subsection (2) "; (b) by omitting subsection (3) and substituting the following subsections: (3) For the purpose of subsection (1) (b) (ii) , a person is taken to have been occupying a property as a principal dwelling on the relevant date if – (a) in the case of a single person, that person was in a prescribed institution and did not receive any rental income from the property; or (b) in the case of a married person – (i) that person and that person’s spouse were in a prescribed institution and neither person received any rental income from the property; or (ii) that person was in a prescribed institution and that person’s spouse occupied the property as his or her principal place of residence. (3A) For the purpose of subsection (3)(a) , a person must provide a statutory declaration stating that the person – (a) was in a prescribed institution; and (b) did not receive rental income from the property. (3B) For the purpose of subsection (3)(b)(i) , a person must provide a statutory declaration stating that the person and the person’s spouse – (a) were in a prescribed institution; and (b) did not receive rental income from the property. (3C) A person referred to in subsection (3)(a) or subsection (3)(b)(i) is only eligible for a remission of rates or charges for a period not exceeding 2 consecutive financial years. 6Validation of remissionsAny remission of rates or charges made before 1 July 2001 under section 4 of the Principal Act was validly made if made to the following persons: (a) a person who is a totally and permanently incapacitated person to whom section 24 of the Veterans’ Entitlements Act 1986 of the Commonwealth applies; (b) a person who is a war widow or war widower receiving a pension under Part II or IV of the Veterans’ Entitlements Act 1986 of the Commonwealth at a rate determined in accordance with subsection 30(1) of that Act. 7Entitlements not retrospectiveA person who before 1 July 2001 is or was an eligible pensioner under the Principal Act, as in force before that date, but has not received any remission of rates or charges under section 4 of the Principal Act is not entitled to any remission of those rates or charges. [Second reading presentation speech made in:
House of Assembly on 13 JUNE 2001
Legislative Council on 20 JUNE 2001]