(a) any building or any part of a building
used or intended to be used for the provision of residential care, within the
meaning of the Aged Care Act 1997 of the Commonwealth, by an approved
provider under that Act, or
(b) any building or any part of a building used
or intended to be used for the provision of respite care, within the meaning
of the Aged Care Act 1997 of the Commonwealth, by an approved provider under
that Act.
(2) Land is exempt from taxation under this Act if the land is used
and occupied as any of the following, or any combination of the following, and
for no other purpose--
(3) If the Chief Commissioner is satisfied that part only
of land is used and occupied as referred to in subsection (2), the land value
of the land is to be reduced for the purposes of land tax by an amount
calculated as follows--
"A" = the land value of the land before reduction.
"B" = the area of the land used and occupied as referred to in subsection (2).
"C" = the total area of the land.
(3A) If part only of a building is used and
occupied as referred to in subsection (2), a proportion (
"the allowable proportion" ) of the area of the land occupied by the building
is to be included as part of the area of the land so used and occupied for the
purpose of determining the value of "B" in the calculation under subsection
(3).
(3B) The allowable proportion under subsection (3A) is the proportion
specified in an application under subsection (3C) in respect of the land,
subject to subsections (3D)-(3F).
(3C) Subsection (3A) does not apply unless
application has been made to the Chief Commissioner by the owner of the land
specifying the proportion that in the owner's opinion is a fair and reasonable
proportion of the area of land occupied by the building to be attributed to
use and occupation as referred to in subsection (2). The application must be
in a form approved by the Chief Commissioner and be accompanied by such
supporting information as the Chief Commissioner may request.
(3D) Despite
subsection (3B), the Chief Commissioner may request the Valuer-General to
determine the reduced land value to be attributed, for the purposes of
assessing land tax, to that part of the land that is used or occupied
otherwise than as referred to in subsection (2).
(3E) If a request is made
under subsection (3D)--
(a) the Valuer-General must determine the reduced
land value concerned, and
(b) the reduced land value so determined is
(subject to subsection (3F)) the value of the land for land tax purposes
(instead of the value obtained under subsections (3) and (3A)), and is to be
entered in the Register accordingly.
(3F) Part 3 (Notices and objections) and
Part 4 (Appeals to Land and Environment Court) of the Valuation of Land Act
1916 apply in respect of the reduced land value determined under subsection
(3E) in the same way as those Parts apply in respect of a valuation under that
Act.
(4) For the purposes of this section, land does not cease to be used and
occupied for the purpose of an aged care establishment or a retirement village
merely because any building or improvement on the land is used or occupied for
a purpose ancillary to that purpose.
(5) This section applies to land tax
payable in respect of the year commencing on 1 January 1991 and any succeeding
year.