Rates Act (No 3) 1929 (ACT)

[Extract from Commonwealth of Australia Gazette, No. 76, dated

9th August, 1929.]

THE TERRITORY FOR THE SEAT

OF GOVERNMENT.

No. 17 of 1929.

AN ORDINANCE

To amend the Rates Ordinance 1926-1929.

BE it ordained by the Deputy of the Governor-General of the Executive Council, pursuant to the powers conferred by the Seat Commonwealth of Australia, with the advice of the Federal	of Government Acceptance Act 1909 and the Seat of Government
(Administration) Act 1910 as follows:—

1.— (1.) This Ordinance may be cited as tiie Hates Ordinance Short title and

(No. 3) 1929.	citat,on-
(2.) The Rates Ordinance 1926, as amended by the Rates Ordinance 1929 and by the Rates Ordinance (No. 2) 1929, is in this Ordinance referred to as the Principal Ordinance.

(3.) Sub-section (4.) of section one of the Rates Ordinance

(No. 2) 1929 is repealed.

(4.) The Principal Ordinance, as amended by this Ordinance, may be cited as the Rates Ordinance 1926-1929.

2. Section four of the Principal Ordinance is amended— Definitions.

(a) by inserting after the word " Ordinance " (first occurring) the words " , unless the contrary intention appears ' ' ; and

(b) by inserting after the definition of " parcel " the

following definition:—

2205.—PWCE 3D.

" ' rates ' includes sanitary charge "; .

3. Section thirteen of the Principal Ordinance is amended— Sanitary

(a) by inserting in sub-section (2.), after the word payable to

" n o t i c e " (second occurring) the words " in e°mmlasl<>n-

writing ' ' ; and

(b) by omitting from that sub-seetion the words " given to him where practicable " and inserting in their stead the words ' ' served on him ''.

4. Section fourteen of the Principal Ordinance is amended— Notice of

(a) by inserting in sub-section (1.), after the wordmaking of ratea

" notice " (second occurring), the words " in
writing ' ' ; and

(b) by omitting from that sub-section the words " given to him where practicable " and inserting in their stead the words " served on him ".

Rates to be

paid by owner. 5. Section fifteen of the Principal Ordinance is amended by omitting sub-sections (2.), (3.) and (4.) and inserting in their stead the following sub-sections:—

" (2.) The amount of the rate shall become due on the date on which the notice of the rate is served on the owner, and, subject to the next succeeding sub-section, shall be payable within the time specified in that notice.

" (3.) The Commission may require any rates to be paid in instalments payable at such intervals of time as the Commis- sion thinks fit, and may, in any case, approve of rates being so paid.

" (4.) If any rates are not paid within the time specified in the notice of the rate, or, where the rates are payable in instalments, if any instalment is not paid within seven days after the due date for the payment of that instalment, there shall be added to the amount of the rates payable a penalty of ten per centum of the amount of the rates or of the instalment, as the case may be. ' '

Recovery of	6. Section sixteen of the Principal Ordinance is amended by omitting from sub-section (1.) the words " publication of the notice in the Gazette in accordance with section fourteen of this Ordinance ' : and inserting in their stead the words ' ' date on which
rates.
the notice of the rates is served or deemed to have been served on the owner of the land on which the rates are levied ".
7. Section twenty-six of the Principal Ordinance is repealed and the following section inserted in its stead:—
Service of
notices.	" 26.— (1.) The service on, or the giving to the owner of any rateable land, of any notice under this Ordinance, shall be deemed to have been duly effected if the notice or a true
copy thereof is—

(o) delivered to the owner personally;

(b) delivered to a person apparently over the age of

sixteen years on, and apparently an occupant of,

the land; or

(c) posted in a prepaid letter addressed to the owner at

his last known place of abode.

" (2.) Where the service of a notice on, or the giving of a notice to, the owner of any rateable land, is effected in pur- suance of paragraph {b) of the last preceding sub-section, the notice shall (in the absence of proof by the owner to the contrary) be deemed to have been served or given to the owner on the date on which in the ordinary course of post it would have been delivered at the address to which it was posted.

" (3.) The service or giving of any notice under this Ordinance may be proved by affidavit endorsed on the notice or a copy thereof.

" (4.) The fact that any notice referred to in this Ordinance
has not been sent or has not been received shall not affect the

validity of any determination or rate under this Ordinance."

8. Section thirty of the Principal Ordinance is amended by

adding at the end thereof the following sub-section:—

" (7.) The Judge or a deputy judge shall before proceeding court of appeal,

to discharge the duties of his office take, before a Justice of the High Court or a Judge of the Supreme Court of a Stale, an oath or affirmation of allegiance in accordance with the form in the Schedule to the Constitution, and also an 'oath or affirmation in accordance with the following form:—

' I, A.B. do swear that I will well and truly serve our Sovereign Lord the King in the office of Judge (or Deputy Judge) of the Valuation Court of the Territory for the Seat of Government of the Com- momvealth of Australia and that I will do right to all manner of people according to law without fear or favour, affection or ill-will: So help me God; ' or

' I, A.-B- do solemnly and sincerely promise and declare that (&e. as above, except the words ' So help me God ' ) • ' "

by inserting in sub-section (5.), after the Avord " amount ", the appeals- 9. Section thirty-three of the Principal Ordinance is amended Objections and

words " (if any) ".

10. Section thirty-five of the Principal Ordinance is amended objections io be

by adding at the end thereof the following sub-section:— court.by

" (3.) The Commission may, in any case, appear and be heard before, the Court by counsel or solicitor or by any officer authorized in that behalf.''.

by omitting the w rds " may appear ' ' and inserting in their stead Commonwealtfl- 11. Section thirty-seven of the Principal Ordinance is amended Appearance by

the words ' ' may, by counsel or solicitor or by any officer authorized

in that behalf, appear and be heard."

12. Section forty-three of the Principal Ordinance is repealed

and the following section inserted in its stead:—

" 43.— (1.) The Court shall have powej- to make such order costs,

as to the costs of, or incidental to, any proceeding before the Court as it thinks fit, and may direct that the costs be taxed.

ft

" (2.) Where the Court directs that any costs be taxed, the Registrar shall tax the costs accordingly in accordance with the rules made by the Judge.

" (3.) The Judge may review any decision of the Registrar

in respect of costs."

Dated this eighth day of August, One thousand nine hundred

and twenty-nine.

D. R, S. DE CHAIR

Deputy of the Governor-General.

By His Excellency's Command,

C. L. A. ABBOTT

Minister of State for Home Affairs.

By Authority: H. J. GKEEK, Government Printer, Canberra.