New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 16)
(1) In this Schedule, except in so far as the context or subject-matter otherwise indicates or requires:
"adjustment percentage", in relation to a year, means (subject to clauses 2 (2) and 3 (1) (b)) the percentage for that year, calculated in accordance with clause 2 or specified pursuant to clause 3 (1) (a).
"year" means:(a) the period commencing on and including 1 February 1984 and ending on and including 31 January 1985, or(b) a subsequent period commencing on and including 1 February and ending on and including the next following 31 January.
(2) Where the prescribed rate is to be adjusted under this Schedule by reference to the adjustment percentage for a year, a reference (however expressed) in this Act to adjusting the prescribed rate is a reference to increasing or reducing the prescribed rate, as the case may require, according to whether the adjustment percentage represents an overall increase or reduction.
(3) In this Schedule, a reference to:(a) the March quarter of a year is a reference to January, February and March of that year,(b) the June quarter of a year is a reference to April, May and June of that year,(c) the September quarter of a year is a reference to July, August and September of that year, and(d) the December quarter of a year is a reference to October, November and December of that year.
(4) A reference in this Schedule to the operative date in a year is a reference to 1 February in that year or such later date in that year as the Governor determines by order published in that Gazette before 1 February in that year.
(1) For the purposes of the definition of "adjustment percentage" in clause 1 (1), the percentage for a year (referred to in this clause as the "relevant year") shall be calculated in accordance with the following formula:
(2) Where the percentage calculated for a year in accordance with this clause is smaller than 0.1 per cent, or is nil, there shall be deemed to be no adjustment percentage for that year.
(3) Where pursuant to subclause (2), but not otherwise, there is deemed to be no adjustment percentage for a year, then, for the purposes of calculating the adjustment percentage for the next year:(a) the amounts or numbers referred to in subclause (1) and shown for the September quarter of the firstmentioned year shall be deemed not to have been published in the documents so referred to, and(b) the amounts or numbers shown for the September quarter of the last year for which there was an adjustment percentage (including a year in which there would have been an adjustment percentage if this Act had been in force at that time or if clause 3 (1) (b) had not been enacted) and published in the documents so referred to shall be deemed also to be the amounts or numbers so published for the September quarter of the firstmentioned year.
(4) If at any time, whether before or after the commencement of this Schedule, the Australian Statistician has published for a particular quarter an amount or number in substitution for an amount or number previously published by the Australian Statistician in respect thereof:(a) except as provided in paragraph (b)-the publication of the later amount or number shall be disregarded, or(b) if the Minister so directs-regard shall, after the direction is given, be had to the later and not to the earlier amount or number so published,for the purposes of this Schedule.
(5) Notwithstanding subclause (4), if at any time after the commencement of this Schedule the Australian Statistician changes the reference base in connection with any amounts or numbers included in any document published by the Australian Statistician and referred to in subclause (1), then, for the purposes of the application of this clause after the change takes place, regard shall, unless the Minister otherwise directs, be had to amounts or numbers published in terms of the new reference base instead of the former reference base.
(6) Where a percentage that is to be calculated in accordance with this clause is or includes a fraction of one-tenth of 1 per cent:(a) if that fraction is less than one-half of one-tenth of 1 per cent-that fraction shall be disregarded, and(b) if that fraction is not less than one-half of one-tenth of 1 per cent-that fraction shall be treated as one-tenth of 1 per cent.
(7) Where any annual percentage change referred to in subclause (1) cannot, for the purpose of calculating an adjustment percentage for a year, be ascertained before 1 January in the following year because any information referred to in that subclause is not available, the Governor may, by order published in the Gazette, specify a percentage, which shall be deemed to be the annual percentage change ascertained in accordance with this Schedule.
(8) An order may be made for the purposes of subclause (7) only if the Minister certifies to the Governor:(a) that the information was not available as referred to in that subclause, and(b) that the percentage to be specified in the order was calculated in accordance with estimates made having regard to, and by reference to, such relevant information as was reasonably available.
(1) Subject to this clause, the Governor may, by regulation:(a) specify a percentage for a year, by way of increase or reduction as specified therein, which shall for the purposes of this Schedule be deemed to be the adjustment percentage for that year, by way of increase or reduction as so specified, instead of any adjustment percentage calculated for that year in accordance with clause 2, or(b) declare that there shall be no adjustment percentage for a year, in which case there shall for the purposes of this Schedule be deemed to be no such percentage.
(2) A regulation made for the purposes of subclause (1) (a) shall not have effect in respect of the adjustment percentage for a year if the application of the percentage specified in the regulation would result in the prescribed rate being greater than the prescribed rate that would be applicable from the operative date in the following year had this clause never been in force.
(3) A regulation made for the purposes of subclause (1) shall not have effect in respect of the adjustment percentage for a year unless it is published in the Gazette before the operative date in the following year.
(1) Subject to this Schedule, where there is an adjustment percentage for a year, the prescribed rate (as adjusted by the previous operation, if any, of this subclause) is hereby adjusted, on and from the operative date in the following year, by that percentage.Note: For adjusted prescribed rate under this clause and clause 5, see Gazettes No 1 of 7.1.2000, p 127; No 28 of 25.1.2001, p 372; No 30 of 25.1.2002, p 460; No 264 of 27.12.2002, p 11451; No 12 of 16.1.2004, p 199; No 7 of 14.1.2005, p 135; No 7 of 13.1.2006, p 362; No 11 of 19.1.2007, p 202; No 9 of 18.1.2008, p 143 and No 23 of 30.1.2009, p 523.
(2) Where the prescribed rate, after it is adjusted under subclause (1), includes a fraction of a cent:(a) which is not greater than one-half of one cent-that fraction shall be disregarded, and(b) which is greater than one-half of one cent-that fraction shall be treated as one cent.
Where there is an adjustment percentage for a year, the Chief Commissioner shall, before the operative date in the following year, publish in the Gazette a notice of the prescribed rate as adjusted in accordance with this Schedule on and from the operative date in the following year.
An adjustment of the prescribed rate in accordance with this Schedule does not affect the liability of any organisation to pay a monthly levy in respect of a month before the adjustment takes effect, in accordance with this Act, and that organisation is liable to pay any such levy in all respects as if that adjustment had not been made.
