State and Local Government Financial Reform Act 2003
An Act to amend certain enactments for the purpose of State and local government financial reform
[Royal Assent 17 November 2003]
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:
PART 1Preliminary1Short titleThis Act may be cited as the State and Local Government Financial Reform Act 2003 . 2CommencementThis Act commences on 1 July 2004. PART 2Duties Act 2001 Amended3Principal ActIn this Part, the Duties Act 2001 is referred to as the Principal Act. 4Section 53 amended (Exemptions relating to various transactions) Section 53 of the Principal Act is amended by omitting paragraph (e) . PART 3Land Tax Act 2000 Amended5Principal ActIn this Part, the Land Tax Act 2000 is referred to as the Principal Act. 6Section 17 amended (Exempt Crown and public lands) Section 17 of the Principal Act is amended as follows: (a) by inserting in subsection (1)(c) "held by a State Government body" after "reserves"; (b) by omitting paragraph (e) from subsection (1) and substituting the following paragraph: (e) parks and gardens held or owned by a local authority or other local governing or statutory public body, other than an applicable authority as defined in section 39A of the Local Government Act 1993 , and used for recreational purposes and for which free public access is normally provided by the local authority or other local governing or statutory public body; (c) by inserting the following subsections after subsection (2) : (3) A reference in subsection (1)(e) to parks and gardens held or owned by a local authority or other local governing or statutory public body, other than an applicable authority as defined in the Local Government Act 1993 , does not include premises held or owned by the local authority or other local governing or statutory public body and built, and used, for the specific purpose of conducting sporting activities. (4) In this section – Government Business Enterprise has the same meaning as in the Government Business Enterprises Act 1995 ; State Government body means a State Service Agency, a statutory authority, a State-owned company or a Government Business Enterprise; State-owned company means a company incorporated under the Corporations Act that is controlled by the Crown, a Government Business Enterprise or a statutory authority or another company that is so controlled; statutory authority means a body or authority, whether incorporated or not, that is established or constituted by or under an Act or under the Royal Prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another statutory authority but does not include a State Service Agency. PART 4Libraries Act 1984 Amended7Principal ActIn this Part, the Libraries Act 1984 is referred to as the Principal Act. 8Section 3 amended (Interpretation) Section 3 of the Principal Act is amended by omitting the definition of corporation of a municipality . 9Section 10 repealed Section 10 of the Principal Act is repealed. PART 5Local Government Act 1993 Amended10Principal ActIn this Part, the Local Government Act 1993 is referred to as the Principal Act. 11Section 87 amended (Exemption from rates) Section 87 of the Principal Act is amended as follows: (a) by omitting paragraph (b) from subsection (1) and substituting the following paragraphs: (b) land held or owned by the Crown that – (i) is a national park, within the meaning of the Nature Conservation Act 2002 ; or (ii) is a conservation area, within the meaning of the Nature Conservation Act 2002 ; or (iii) is a nature recreation area, within the meaning of the Nature Conservation Act 2002 ; or (iv) is a nature reserve, within the meaning of the Nature Conservation Act 2002 ; or (v) is a regional reserve, within the meaning of the Nature Conservation Act 2002 ; or (vi) is a State reserve, within the meaning of the Nature Conservation Act 2002 ; or (vii) is a game reserve, within the meaning of the Nature Conservation Act 2002 ; or (viii) is a forest reserve, within the meaning of the Forestry Act 1920 ; or (ix) is a public reserve, within the meaning of the Crown Lands Act 1976 ; or (x) is a public park used for recreational purposes and for which free public access is normally provided; or (xi) is a road, within the meaning of the Roads and Jetties Act 1935 ; or (xii) is a way, within the meaning of the Local Government (Highways) Act 1982 ; or (xiii) is a marine facility, within the meaning of the Marine and Safety Authority Act 1997 ; or (xiv) supports a running line and siding within the meaning of the Rail Safety Act 1997 ; (c) land owned by the Hydro-Electric Corporation or land owned by a subsidiary, within the meaning of the Government Business Enterprises Act 1995 , of the Hydro-Electric Corporation on which assets or operations relating to electricity infrastructure, within the meaning of the Hydro-Electric Corporation Act 1995 , other than wind-power developments, are located; (b) by omitting from subsection (1)(d) "public or"; (c) by omitting subsection (4) . 12Section 107 amended (Variation in rates) Section 107 of the Principal Act is amended by inserting after subsection (2) the following subsections: (3) A council must not apply a higher general rate on a State Government body than it would apply on a body of a similar nature that is not a State Government body. (4) In this section – Government Business Enterprise has the same meaning as in the Government Business Enterprises Act 1995 ; State Government body means a State Service Agency, a statutory authority, a State-owned company or a Government Business Enterprise; State-owned company means a company incorporated under the Corporations Act that is controlled by the Crown, a Government Business Enterprise or a statutory authority or another company that is so controlled; statutory authority means a body or authority, whether incorporated or not, that is established or constituted by or under an Act or under the Royal Prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another statutory authority but does not include a State Service Agency. 13Part 10 repealed Part 10 of the Principal Act is repealed. PART 6Marine and Safety Authority Act 1997 Amended14Principal ActIn this Part, the Marine and Safety Authority Act 1997 is referred to as the Principal Act. 15Section 23 amended (Authority exempt from State charges) Section 23 of the Principal Act is amended by omitting "rates,". PART 7Pay-roll Tax Act 1971 Amended16Principal ActIn this Part, the Pay-roll Tax Act 1971 is referred to as the Principal Act. 17Section 10 amended (Exemption from pay-roll tax) Section 10 of the Principal Act is amended by omitting paragraph (e) . PART 8Transport Act 1981 Amended18Principal ActIn this Part, the Transport Act 1981 is referred to as the Principal Act. 19Section 25 amended (Property of Commission exempt from taxes) Section 25 of the Principal Act is amended by inserting after subsection (2) the following subsection: (3) Nothing contained in subsection (1) exempts the Commission from the payment of rates imposed under any law of the State. PART 9Valuation of Land Act 2001 Amended20Principal ActIn this Part, the Valuation of Land Act 2001 is referred to as the Principal Act. 21Section 11 amended (Duty of Valuer-General to make valuations) Section 11 of the Principal Act is amended by omitting subsection (1) and substituting the following subsections: (1) The Valuer-General must, subject to this section, make – (a) valuations of the land values, capital values and assessed annual values of all lands within each valuation district and Crown lands liable to be rated in accordance with Part 9 of the Local Government Act 1993 ; and (b) valuations of the assessed annual values of such Crown lands and lands held by or on behalf of statutory authorities within the outer islands, and leased for grazing or agricultural purposes, as are liable to be rated in accordance with Part 9 of the Local Government Act 1993 . (1A) The Valuer-General may exempt land from the valuations to be made under subsection (1) if the Valuer-General considers that the land should not be included in those valuations. PART 10Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2000 Amended22Principal RegulationsIn this Part, the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2000 are referred to as the Principal Regulations. 23Regulation 97 amended (General exemptions) Regulation 97(a) of the Principal Regulations is amended by omitting subparagraph (iii) . [Second reading presentation speech made in:
House of Assembly on 2 OCTOBER 2003
Legislative Council on 6 NOVEMBER 2003]