Rates Act 1975 (ACT)

No. 12 of 1975

AN ORDINANCE

To amend the Rates Ordinance 1926-1974.

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Ordinance under

the Seat of Government (Administration) Act 1910-1973.

Dated this tenth day of May, 1975.

JOHN R. KERR

Governor-General.

By His Excellency's Command,

GORDON M. BRYANT

Minister of State for the Capital Territory.

RATES ORDINANCE 1975

1 . ( 1 ) This Ordinance may be cited as the Rates Ordinance 1975.* (2) The Rates Ordinance 1926-1974f is in this Ordinance referred

to as the Principal Ordinance.

(3) The Principal Ordinance, as amended by this Ordinance, may be cited as the Rates Ordinance 1926-1975.

2. Section 30 of the Principal Ordinance is repealed and the follow­ ing sections are substituted:—

" 30. (1 ) For the purposes of this Ordinance, there shall be a Valuation Review Board consisting of three members.

1937; Nos . 25 and 35, 1938; N o . 5, 1950; N o . 21, 1959; N o . 5, 1967; N o . 47, 1970; N o . 38, 1971 and N o . 29, 1974.

" (2) The members of the Board shall be appointed by the Minister. " (3 ) The Minister shall appoint one of the members of the Board

to be Chairman of the Board.
" (4) A member of the Board shall not take part in the hearing or determination of an appeal if he is interested, either directly or indirectly, in the subject-matter of the appeal.

" (5 ) Where—

(a) a member of the Board is, by virtue of sub-section (4), unable to take part in the hearing or determination of an appeal; or

* Notified in the Australian Government Gazette on 13 May 1975.
t Ordinance N o . 6. 1926, as amended by Nos. 5. 12 and 17, 1929; N o . 5, 1930; N o . 5. 1931; Nos . 1 and 27

(b) a member of the Board is, for any reason, unable to perform the duties of a member,

the Minister may appoint a person to act as a member of the Board in relation to that appeal or during that inability, as the case may be.

" (6 ) Where a person has been appointed under sub-section ( 5 ) , this Ordinance applies, whilst the appointment remains in force, as if that person were a member of the Board.

" (7) Where an appointment has been made under sub-section (5) by reason of the inability of the Chairman of the Board to take part in the hearing and determination of an appeal or to perform the duties of a member of the Board, the Minister shall appoint a member of the Board to act as Chairman of the Board for the duration of the appoint­

ment under sub-section ( 5 ) .

" (8) A reference in this Ordinance to the Chairman of the Board

includes a reference to a person acting as Chairman in pursuance of an

appointment under sub-section ( 7 ) .

" 30A. (1) The owner of a parcel of land who is dissatisfied with a decision of the Minister under section 29 may appeal to the Valuation Review Board.

" (2) An appeal under sub-section (1) shall be instituted within 30 days after notice of the decision to which the appeal relates is served on the owner of the parcel of land.

" (3) An appeal under sub-section (1) shall be instituted by posting to, or lodging with, the Secretary to the Department of the Capital Territory a notice in writing—

(a) requesting that the decision of the Minister be reviewed by the Board;

(b) stating the grounds upon which the request is made;

(c)	stating the amount that should be substituted for the amount specified in the determination as varied by the Minister as the unimproved value of the relevant parcel of
land; and
(d)	stating whether the appellant wishes to be present when the Board reviews the decision of the Minister.

" (4) A notice under sub-section (3) may have attached to it any document to which the person giving the notice desires the Board to have regard in determining the appeal.

" (5) The Minister shall be the respondent to an appeal under sub­

section ( 1 ) .

" (6) Where, after an appeal has been instituted under this section but before the appeal has been determined, the appellant ceases to be the owner of the parcel of land, the person who becomes the owner of the land shall be deemed to be the appellant and the appeal shall continue and be determined, and this Ordinance shall apply, as if the appeal had been instituted by the last-mentioned person.

" 3 0 B . (1) Subject to sub-section 30c ( 3 ) , where—

(a) an appeal has been instituted under section 30A; and
(b) either—

(i)   the appellant has stated, in his notice under sub­ section 30A ( 3 ) , that he wishes to be present when the Board reviews the decision of the Minister; or

(ii)   the Board is, for any reason, of the opinion that it is desirable that a hearing be conducted by the Board in relation to the appeal,

the Board shall, before making its decision on the appeal, conduct a
hearing in relation to the appeal.

" (2) The Board shall not conduct a hearing in relation to an appeal unless the appellant and the Minister have each been given not less than 14 days' notice in writing of the date on which, and the time and place at which, the hearing will be conducted.

" (3) At a hearing in relation to an appeal—

(a)	the appellant may be represented by a barrister and solicitor or by a person authorized in writing to appear on behalf of the appellant; and
(b)	the Minister may be represented by a barrister and solicitor or by an officer of the Department of the Capital Territory.

" (4 ) At a hearing in relation to an appeal, the Chairman shall

preside.

" (5) Subject to sub-section ( 1 ) , where—

(a) an appeal has been instituted under section 30A; and

(b) the appellant has stated, either in his notice under sub­ section 30A (3) or in a notice in writing given to the Chairman of the Board after the institution of the appeal, that he does not wish to be present when the Board reviews the decision of the Minister,

the Board may determine the appeal without conducting a hearing in

relation to the appeal.

" (6 ) In relation to an appeal to which sub-section (5) applies, the Board may request a party to the appeal to furnish the Board with such information relating to the subject-matter of the appeal as the Board thinks fit.

" 30c. (1 ) At a hearing in relation to an appeal, the Board may take evidence on oath or affirmation and, for this purpose, the Chairman of the Board has authority to administer an oath or affirmation.

" (2) At a hearing in relation to an appeal—

(a)	the Board is not bound by the rules of evidence, but may inform itself in any manner it thinks fit; and
(b)	the procedure of the Board is within the discretion of the Board.

" (3) Where—

(a)	by virtue of section 30B, the Board would, but for this sub-section, be required to conduct a hearing in relation to an appeal;
(b)	notice has been given to the appellant and to the Minister in accordance with sub-section 30B ( 2 ) ; and
(c)	a party to the appeal does not appear, either in person or by a representative, on the date specified in the notice given for the purpose of sub-section 30B ( 2 ) ,

the Board may—

(d) if the appellant does not appear—dismiss the appeal; or

(e) if the appellant appears but the Minister does not appear— proceed to hear and determine the appeal in the absence of the Minister.

" 30D. A question arising in connexion with an appeal to the Board shall be determined in accordance with the opinion of a majority of the members of the Board.".

3. Section 32 of the Principal Ordinance is amended by omitting sub-section (1) and substituting the following sub-section:—

" (1 ) A person who was a party to an appeal to the Board under sub-section 30A ( 1 ) may appeal to the Supreme Court from the decision of the Board on the appeal.".