State Concessions Act 2004 (Vic)

Version No. 003

State Concessions Act 2004

No. 82 of 2004

Version

incorporating amendments as at

22 June 2011

TABLE OF PROVISIONS

Section  Page

PART 1—PRELIMINARY

1Purposes

2Commencement

3Definitions

4Declaration of eligible beneficiary and user costs

PART 2—MINISTERIAL CONCESSION ORDERS

5Concession orders

6Publication of copy of concession order

7Tabling of concession order in Parliament

8Validity of concession order

PART 3—REIMBURSEMENT OF CONCESSIONS GRANTED

9Reimbursements for certain grants of concession

10Minister to enter into agreements or arrangements

PART 4—GENERAL

Division 1—Regulations

11Regulations

Division 2—Repeals, consequential amendments and transitional provisions

12Repeal of State Concessions Act 1986

13Repealed

14References

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SCHEDULE—Repealed

1–8Repealed

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 003

State Concessions Act 2004

No. 82 of 2004

Version

incorporating amendments as at

22 June 2011

The Parliament of Victoria enacts as follows:

PART 1PRELIMINARY—

1Purposes

The main purposes of this Act are—

(a)to consolidate legislative responsibility for concessions;

(b)to create a flexible framework for concessions by empowering the Minister to specify the structure and level of available concessions by Ministerial Order;

(c)to repeal the State Concessions Act 1986 and to make consequential amendments to various other Acts.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day to be proclaimed.

(2)If this Act does not come into operation before 1 March 2005, it comes into operation on that day.

3Definitions

In this Act—

concession order means an order made under section 5;

eligible beneficiary means a person who during the relevant period—

(a)is an eligible recipient; or

(b)is the holder of a health care card issued under section 1061ZS of the Social Security Act 1991 of the Commonwealth other than—

(i)in respect of a child in foster care; or

(ii)a child in respect of whom a carer allowance under section 953 of that Act is payable; or

(c)is the holder of a Gold Card, being a card issued to a person who is eligible for treatment under Part V of the Veterans' Entitlement Act 1986 of the Commonwealth, other than a dependant (not including the widow or widower) of a veteran; or

(d)belongs to a class or classes of person declared by Order under section 4(1) to be an eligible beneficiary;

eligible pensioner means a person who during the relevant period is the holder of—

(a)a pensioner concession card issued under section 1061ZF of the Social Security Act 1991 of the Commonwealth; or

(b)a Gold Card, being a card issued to a person who is eligible—

(i)for treatment under Part V of the Veterans' Entitlement Act 1986 of the Commonwealth; and

(ii)to receive a pension under section 13(1) of that Act as the widow or widower of a veteran within the meaning of that Act;

eligible person means a person who during the relevant period is—

(a)an eligible beneficiary; or

(b)an eligible pensioner; or

(c)an eligible recipient;

eligible recipient means a person who during the relevant period is—

(a)an eligible pensioner; or

(b)the holder of a Gold Card, being a card issued to a person who is eligible—

(i)for treatment under Part V of the Veterans' Entitlement Act 1986 of the Commonwealth; and

(ii)to receive a pension under section 13(1) of that Act as a totally and permanently incapacitated veteran to whom section 24 of that Act applies;

relevant period means the period during which the user cost for which a concession is sought was incurred;

user cost means an amount payable (including any interest) in respect of—

(a)rates or charges payable under the Local Government Act 1989;

(b)domestic gas charges;

(c)domestic electricity charges;

(d)domestic water charges;

(e)domestic sewerage charges;

(f)any other charges that the Minister declares by Order under section 4(2) to be user costs for the purposes of this Act.

4Declaration of eligible beneficiary and user costs

(1)For the purposes of paragraph (d) of the definition of eligible beneficiary in section 3, the Minister, by Order published in the Government Gazette, may declare a class or classes of person to be an eligible beneficiary.

(2)For the purposes of paragraph (f) of the definition of user cost in section 3, the Minister, by Order published in the Government Gazette, may declare a charge to be a user cost.

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PART 2MINISTERIAL CONCESSION ORDERS—

5Concession orders

(1)The Minister, by Order published in the Government Gazette, may determine concessions in relation to user costs payable under an Act or otherwise by eligible persons or a class or classes of eligible persons.

(2)If a concession order relates to a user cost payable under an Act, before making the concession order under subsection (1), the Minister must consult with the Minister administering the provision of the Act under which the user cost is payable.

(3)A concession order may be expressed—

(a)as a pro rata reduction of the user cost to which it applies; or

(b)as an amount payable in respect of, or to be deducted from, the user cost to which it applies in relation to a particular period; or

(c)in any other manner.

(4)Without limiting the subject matter or content of a concession order, a concession order may—

(a)be of general or limited application;

(b)differ according to differences in time, place or circumstance;

(c)be expressed to apply subject to specified conditions;

(d)specify the manner in which an application for the granting of a concession in relation to a particular user cost may be made;

(e)apply in relation to a class or classes of eligible persons specified in the order.

(5)A concession order takes effect—

(a)on the date that the concession order is published in the Government Gazette; or

(b)if a later date is specified in the concession order, on that later date.

6Publication of copy of concession order

The Minister must cause a copy of a concession order to be published in a daily newspaper circulating generally throughout Victoria.

7Tabling of concession order in Parliament

The Minister must cause a copy of a concession order to be laid before each House of Parliament within 7 sitting days after the publication of the concession order in the Government Gazette.

8Validity of concession order

A failure to comply with section 6 or section 7 does not affect the validity, operation or effect of a concession order.

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PART 3REIMBURSEMENT OF CONCESSIONS GRANTED—

9Reimbursements for certain grants of concession

(1)The Minister must ensure that an agency, person or body that has an obligation under an Act or otherwise to grant concessions in accordance with a concession order is reimbursed by the State for the concessions granted.

(2)A reimbursement made under subsection (1) is to be paid from the Consolidated Fund which is, to the necessary extent, appropriated accordingly.

10Minister to enter into agreements or arrangements

(1)The Minister may enter into an agreement or arrangement with an agency, person or body that has an obligation under an Act or otherwise to grant concessions in accordance with a concession order.

(2)An agreement or arrangement under subsection (1)—

(a)is for the period and subject to the terms and conditions determined by the parties to the agreement or arrangement; and

(b)must include arrangements for the reimbursement by the State to the agency, person or body of concessions granted in accordance with a concession order.

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PART 4GENERAL—

Division 1Regulations—

11Regulations

The Governor in Council may make regulations for or with respect to any matter or thing that is required or permitted by this Act to be prescribed or that is necessary to be prescribed for carrying out or giving effect to this Act.

Division 2Repeals, consequential amendments and transitional provisions—

12Repeal of State Concessions Act 1986

The State Concessions Act 1986 is repealed.

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14References

On and after the commencement of this Act, unless inconsistent with the context or subject matter, a reference to the State Concessions Act 1986 in—

(a)an Act, other than this Act; or

(b)a subordinate instrument within the meaning of the Interpretation of Legislation Act 1984; or

(c)any other document—

is deemed to be a reference to the State Concessions Act 2004.

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ENDNOTES

1.     General Information

Minister's second reading speech—

Legislative Assembly: 14 October 2004

Legislative Council: 10 November 2004

The long title for the Bill for this Act was "to remake with amendments the law relating to certain concessions, to repeal the State Concessions Act 1986, to make various consequential amendments to other Acts and for other purposes."

The State Concessions Act 2004 was assented to on 16 November 2004 and came into operation on 1 March 2005: section 2(2).

2.     Table of Amendments

This Version incorporates amendments made to the State Concessions Act 2004 by Acts and subordinate instruments.

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Statute Law Revision Act 2011, No. 29/2011

Assent Date:	21.6.11
Commencement Date:	S. 3(Sch. 1 item 89) on 22.6.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the State Concessions Act 2004

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3.     Explanatory Details

No entries at date of publication.