Rates and Land Rent (Relief) Amendment Act 2000 (ACT)

Case

AUSTRALIAN CAPITAL TERRITORY

Rates and Land Rent (Relief) Amendment Act 2000

No 79 of 2000

CONTENTS

Section

1............ Name of Act

2............ Commencement

3............ Act amended

4............ Interpretation

5............ Insertion—

2AA ...... Persons taken to be pensioners

6............ Memorandum in relation to registered notice of determination

7............ Information relating to determination

8............ Notice of change in circumstances

9............ Substitution—

21K........ Information relating to application

10............ Omission

11............ Power of Minister to determine rate of interest

12............ Substitution—

24........ Regulation-making power

13............ Minor amendments of Land Titles Act

SCHEDULE 1

Minor amendments of land titles act 1925

AUSTRALIAN CAPITAL TERRITORY

Rates and Land Rent (Relief) Amendment Act 2000

No 79 of 2000

An Act to amend the Rates and Land Rent (Relief) Act 1970, and for other purposes

[Notified in ACT Gazette S69: 21 December 2000]

The Legislative Assembly for the Australian Capital Territory enacts as follows:

  1. Name of Act

    This Act is the Rates and Land Rent (Relief) Amendment Act 2000.

  2. Commencement

  3. This Act (other than sections 4 and 5) commences on the day it is notified in the Gazette.

  4. Sections 4 and 5 are taken to have commenced on 1 July 2000.

  5. Act amended

    This Act amends the Rates and Land Rent (Relief) Act 1970.

  6. Interpretation

    Section 2 is amended—

(a)by omitting the heading and substituting the following heading:

2       Definitions”; and

(b)by omitting from subsection (1) “(1)  In this Act, unless the contrary intention appears—” and substituting “In this Act:”; and

(c)by adding at the end of paragraphs (a) to (c) of the definition of pensioner in subsection (1) “or”; and

(d)by omitting from paragraph (b) of the definition of pensioner in subsection (1) “subject to subsection (2),” and substituting “subject to section 2AA,”; and

(e)by omitting paragraphs (d) and (e) of the definition of pensioner in subsection (1) and substituting the following paragraph:

“(d)a person who has been given by the Commonwealth a card or other written authority that evidences the person’s eligibility under the Veterans’ Entitlements Act 1986 (Cwlth) to be given treatment for all injuries suffered, and all diseases contracted, by the person.”;

and

(f)by omitting subsection (2).

  1. Insertion

    Before section 2A the following section is inserted:

2AA Persons taken to be pensioners

For paragraph (b) of the definition of pensioner in section 2, a person is taken to be a pensioner for an application by the person for a rebate or determination only if, for the 12 months before the making of the application—

(a)the person continuously received an allowance or benefit mentioned in subparagraph (i), (ii), (iii) or (iv) of that paragraph (a current benefit); or

(b)the person received continuously but not concurrently—

(i)a pension or allowance mentioned in paragraph (a) of the definition; and

(ii)a current benefit.”.

  1. Memorandum in relation to registered notice of determination

    Section 18 is amended by omitting “in accordance with Form 2 in Schedule 1 where” and substituting “of discharge in a form approved by the registrar-general if”.

  2. Information relating to determination

    Section 19 is amended by omitting “(2)”.

  3. Notice of change in circumstances

    Section 21J is amended by omitting subsection (3) and substituting the following subsection:

(3)     A person must not, without reasonable excuse, contravene subsection (1) or (2).

Maximum penalty:  5 penalty units.”.

  1. Substitution

    Section 21K is omitted and the following section substituted:

21K  Information relating to application

The Minister may require a person who has made an application to the Minister under this Act to give to the Minister any information that the Minister reasonably needs to decide the application.”.    

  1. Omission

    Section 22 is omitted.

  2. Power of Minister to determine rate of interest

    Section 23 is amended—

(a)by omitting from subsection (1) “, by notice in writing published in the Gazette, fix a rate of interest” and substituting “determine a rate at which interest is payable”; and

(b)by adding at the end the following subsection:

(4)  Notice of a determination under subsection (1) must be published in the Gazette.”.

  1. Substitution

    Section 24 is omitted and the following section substituted:

24     Regulation-making power

The Executive may make regulations for this Act.”.

  1. Minor amendments of Land Titles Act

    Schedule 1 amends the Land Titles Act 1925.

SCHEDULE 1(See s 13)

Minor amendments of land titles act 1925

[1.1]Paragraph 100A (1) (c)—

Omit “in accordance with Form 2 in Schedule 1 of”, substitute “of discharge under”.

[1.2]Section 108C—

Omit “in accordance with Form 2 in Schedule 1 of”, substitute “of discharge under”.

Endnote

Act amended

  1. Republished as in force on 31 January 1998.

[Presentation speech made in Assembly on 18 October 2000]

© Australian Capital Territory 2000

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0