Municipalities Assistance Act 1973 (Vic)

Version No. 034

Municipalities Assistance Act 1973

No. 8526 of 1973

Version incorporating amendments as at

4 October 2012

TABLE OF PROVISIONS

Section  Page

1Short title and commencement

2Payment of assistance

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 034

Municipalities Assistance Act 1973

No. 8526 of 1973

Version incorporating amendments as at

4 October 2012

An Act with respect to Financial Assistance to Municipalities in respect of Rates deferred or excused under Section 298 of the Local Government Act 1958.

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 Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1Short title and commencement

(1)This Act may be cited as the Municipalities Assistance Act 1973.

(2)This Act shall be deemed to have come into operation on the 1st day of October, 1973.

2Payment of assistance

(1)In this Act—

domestic partner of a person means—

(a)a person who is in a registered relationship with the person; or

(b)a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

pensioner means a person who is an eligible recipient within the meaning of the State Concessions Act 2004;

spouse of a person means a person to whom the person is married.

(2)For the purposes of the definition of domestic partner in subsection (1)—

(a)registered relationship has the same meaning as in the Relationships Act 2008; and

(b)in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

(3)Where upon the application of a person who is a pensioner to be excused payment of any rate interest or charge made levied declared or imposed in respect of property which is the sole or principal residence of that pensioner—

(a)a council under section 171(4) of the Local Government Act 1989; or

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excuses payment of the rate interest or charge or any part thereof the council, or the Board of Works may make application to the Treasurer for payment of assistance and the Treasurer shall pay to that council, the Board of Works, the Authority, the sewerage Authority or the Trust in respect of that rate interest or charge an amount equal to—

(i)where the pensioner is the only person liable to pay the rate, interest or charge in respect of that property or where the only other person liable to pay the rate, interest or charge is the spouse or domestic partner of the pensioner, one-half of a sum equal to the amount of that rate or charge and the total amount of that interest payable for all quarters in that year or the amount validly excused by the applicant (whichever is applicable); and

(ii)where, together with one or more other persons the pensioner or the pensioner and the spouse or domestic partner of the pensioner are liable to pay the rate, interest or charge—one-half of an amount equal to the sum of the rate or charge and the total interest payable in respect of all quarters in that year or the amount validly excused by the applicant (whichever is applicable)—divided by the total number of persons liable to pay the rate, interest or charge—

provided that the amount of assistance paid shall not in any instance exceed the amount of the rate or of the rate and interest (as the case may be) validly excused by the applicant.

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(4)The Treasurer may require any information which he considers necessary for the purposes of this Act from a council, or the Board of Works.

(5)On the application of a council, the Treasurer must pay to the council an amount equal to any amount the council validly waives under section 171(5A) of the Local Government Act 1989.

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ENDNOTES

1.     General Information

The Municipalities Assistance Act 1973 was assented to on 18 December 1973 and came into operation on 1 October 1973: section 1(2).

2.     Table of Amendments

This Version incorporates amendments made to the Municipalities Assistance Act 1973 by Acts and subordinate instruments.

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Municipalities Assistance (Amendment) Act 1974, No. 8613/1974

Assent Date:	10.12.74
Commencement Date:	S. 4 on 1.10.74: s. 4(2); ss 1–3 on 10.12.74
CurrentState:	All of Act in operation

Pensioners' Rates Remission Act 1975, No. 8670/1975

Assent Date:	15.4.75
Commencement Date:	15.4.75: s. 1(2)
CurrentState:	All of Act in operation

Pensioners' Water and Sewerage Rates Remission Act 1975, No. 8794/1975

Assent Date:	2.12.75
Commencement Date:	2.12.75: s. 1(2)
CurrentState:	All of Act in operation

Pensioners' Rates Remission Act 1976, No. 8893/1976

Assent Date:	23.11.76
Commencement Date:	23.11.76: s. 1(2)
CurrentState:	All of Act in operation

Pensioners' Rates Remission Act 1980, No. 9385/1980

Assent Date:	13.5.80
Commencement Date:	S. 1(2) provides that the provisions of this Act: (a) shall in relation to any rate or charge which commences or is deemed to commence on or after 1 July 1980 apply as amended by this Act; and (b) shall not apply in relation to any rate or charge which commences or is deemed to commence before 1 July 1980
CurrentState:	All of Act in operation

Pensioners' Rates Remission Act 1981, No. 9684/1981

Assent Date:	5.1.82
Commencement Date:	5.1.82: s. 1(5)
CurrentState:	All of Act in operation

Supporting Parents Concession Act 1983, No. 9915/1983

Assent Date:	21.6.83
Commencement Date:	1.7.83: see s. 1(2)
CurrentState:	All of Act in operation

Pensioner Concessions (Rehabilitation Allowance) Act 1984, No. 10070/1984

Assent Date:	15.5.84
Commencement Date:	S. 6 on 1.1.85: s. 2(2); rest of Act on 1.7.84: s. 2(1)
CurrentState:	All of Act in operation

State Concessions Act 1986, No. 109/1986 (as amended by No. 48/1987)

Assent Date:	16.12.86
Commencement Date:	Ss 1–6, Sch. items 3, 7, 8, 11 on 30.3.87: Government Gazette 25.3.87 p. 695; Sch. items 1, 2, 4–6, 9, 10, 12 on 1.12.87: Government Gazette 18.11.87 p. 3072
CurrentState:	All of Act in operation

Local Government (Consequential Provisions) Act 1989, No. 12/1989

Assent Date:	9.5.89
Commencement Date:	S. 4(Sch. 2 item 83.1) on 1.10.92: Government Gazette 23.9.92 p. 2789
CurrentState:	This information relates only to the provision/s amending the Municipalities Assistance Act 1973

Water (Consequential Amendments) Act 1989, No. 81/1989

Assent Date:	5.12.89
Commencement Date:	1.11.90: Government Gazette 15.8.90 p. 2473
CurrentState:	All of Act in operation

Local Government (Rating) Act 1991, No. 78/1991

Assent Date:	3.12.91
Commencement Date:	S. 27 on 3.12.91: s. 2(5)
CurrentState:	This information relates only to the provision/s amending the Municipalities Assistance Act 1973

State Concessions Act 2004, No. 82/2004

Assent Date:	16.11.04
Commencement Date:	S. 13(Sch. item 6) on 1.3.05: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Municipalities Assistance Act 1973

Relationships Act 2008, No. 12/2008

Assent Date:	15.4.08
Commencement Date:	S. 73(1)(Sch. 1 item 42) on 1.12.08: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Municipalities Assistance Act 1973

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3.     Explanatory Details

No entries at date of publication.