New South Wales Consolidated Acts

IRRIGATION AREAS (REDUCTION OF RENTS) ACT 1974 - SECT 3

3 Interpretation

(1) In this Act, except in so far as the context of subject-matter otherwise indicates or requires:
"application" means an application made under this Act.
"appropriate authority", in relation to an application for the reduction of the rent payable for the whole or a part of a year in respect of a lease, means:

(a) except as provided in paragraph (b)-the Ministerial Corporation, or

(b) where the rent payable for the whole or a part of the previous year in respect of that lease was required to be reduced under this Act-the Bank.

"Bank" means the Rural Bank of New South Wales.
"domestic partner" of an eligible pensioner means:

(a) the spouse of the eligible pensioner, or

(b) a person with whom the eligible pensioner is in a de facto relationship within the meaning of the Property (Relationships) Act 1984 .

"eligible pensioner", in relation to a lease, means a pensioner who is the holder or one of the holders of the lease and who occupies a dwelling situation on the land the subject of the lease as his or her sole or principal place of abode.
"lease" means:

(a) a town land lease, an irrigation farm lease or a non-irrigable lease made under or by operation of the Crown Lands Consolidation Act 1913 in respect of land within a special land district within the meaning of the Crown Lands Act 1989 , or

(b) a lease from the Ministerial Corporation made under the Wentworth Irrigation Act in respect of land within the irrigation area within the meaning of that Act.

"Ministerial Corporation" means the Lands Administration Ministerial Corporation constituted by section 13 of the Crown Lands Act 1989 .
"pensioner" means:

(a) a person:

(i) who is in receipt of a pension under Part III or IV of the Social Services Act 1947-1974 , as amended by subsequent Acts, of the Parliament of the Commonwealth, or

(ii) who is in receipt of a service pension under Division 5 of Part III of the Repatriation Act 1920-1974 , as amended by subsequent Acts, of the Parliament of the Commonwealth,

and who is the holder of a pensioner medical service entitlement card issued by the Commonwealth Department of Social Services,

(b) a person who is in receipt of a pension under Part III of the Repatriation Act 1920-1974 , as amended by subsequent Acts, of the Parliament of the Commonwealth as:

(i) the widow of a member of the Forces,

(ii) the unmarried mother of a deceased unmarried member of the Forces, or

(iii) the widowed mother of a deceased unmarried member of the Forces,

and either:

(iv) who is the holder of a pensioner medical service entitlement card issued by the Commonwealth Department of Social Services, or

(v) whose assets and income are such as, if that person were a pensioner of the kind referred to in paragraph (a) (i), would entitle that person to be the holder of a pensioner medical service entitlement card issued by the Commonwealth Department of Social Services,

(c) a person who, under Part III of the Repatriation Act 1920-1974 , as amended by subsequent Acts, of the Parliament of the Commonwealth, is in receipt of a special pension referred to in the Second Schedule to that Act, or

(d) a person who is of a class or description prescribed for the purposes of this paragraph.

"regulations" means the regulations under this Act.
"relevant date", in relation to an application for the reduction of rent, means:

(a) where the application is made on or after the day on which the rent is due and payable-that day, or

(b) where the application is made before the day on which the rent is due and payable-the date of the application.

"the 1955 Act" means the Irrigation, Water and Rivers and Foreshores Improvement (Amendment) Act 1955 .
"year" means the period of twelve months commencing on 1 July 1974, or any subsequent period of twelve months commencing on 1 July.

(2) A reference in this Act to a jointly eligible occupier is, in relation to a lease held by an eligible pensioner with one or more other persons, a reference to a person who:

(a) is the domestic partner of that eligible pensioner,

(b) is another eligible pensioner, or

(c) where another eligible pensioner and his or her domestic partner have the same sole or principal place of abode, is the domestic partner of that other eligible pensioner,

and whose sole or principal place of abode is the same as that of that firstmentioned eligible pensioner.