South Australian Consolidated Acts South Australian Consolidated Acts10—Declaring the levy and the area and land use factors
(1) The Governor may,
by notice published in the Gazette on the recommendation of the Minister,
declare—
(a) the
levy; and
(b)
where the levy, or a component of the levy, is an amount payable in respect of
each dollar of the value of land—
(i)
the area factor for each of the emergency services areas;
and
(ii)
the land use factor for each of the land uses referred to
in section 8(1); and
(iii)
the relevant day for the purposes of section 8,
for the financial year specified in the notice.
(2) Where the levy, or
a component of the levy, is a fixed charge, the amount of the charge must be
the same for each piece, section or aggregation of contiguous land subject to
separate assessment that is situated in the same emergency services area.
(3) The notice must be
published before the commencement of the financial year to which it relates.
(4) The Minister must,
before making a recommendation to the Governor under subsection (1),
determine—
(a) the
amount that, in the Minister's opinion, needs to be raised by means of the
levy under this Division to fund emergency services in the relevant financial
year; and
(b) the
amounts to be expended in that financial year for various kinds of
emergency services and the other purposes referred to in section 28(4);
and
(c) as
far as practicable, the extent to which the various parts of the State will
benefit from the application of that amount.
(5) Before making a
recommendation to the Governor under subsection (1) as to the amount of
the levy and the values of the area factors and the land use factors to be
included in the notice published under that subsection and before making the
determinations under subsection (4), the Minister must refer to the
Economic and Finance Committee of Parliament a written statement setting out
the determinations that the Minister proposes making under subsection (4)
in respect of the relevant financial year and must not make recommendations to
the Governor under subsection (1) or determinations under
subsection (4) until the Committee has reported to Parliament or has
failed to report within the time required by subsection (5a).
(5a) It is a function
of the Economic and Finance Committee of Parliament to enquire into, consider
and report on the Minister's statement within 21 days after it is referred to
the Committee under subsection (5).
(6) A notice published
under subsection (1) must—
(a)
include a statement of the amount determined by the Minister under
subsection (4)(a); and
(b)
include a description of the method used in determining that amount;
(7) The Minister must,
as soon as practicable after the publication of a notice under
subsection (1), cause a copy of the notice to be laid before both Houses
of Parliament.
(8) After the first
notice declaring a levy under subsection (1) has been published in the
Gazette, the Governor must not declare a further levy under that subsection in
respect of a subsequent year unless—
(a) the
amount of the levy is the same as, or less than, the amount of the levy
declared by the first notice; or
(b) the
notice declaring the levy has been authorised by a resolution passed by both
Houses of Parliament.
(9) No proceedings for
judicial review or for a declaration, injunction, writ, order or other remedy
may be brought before a court, tribunal or other person or body to challenge
or question the amount of the levy or the value of the area factor or
the land use factor declared in a notice under subsection (1).