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TASMANIA
__________
HOMES AMENDMENT BILL 2004
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 15B amended (Interpretation of Part IV)
5. Section 17 amended (Sale of dwelling-houses)
6. Section 17AB amended (Adjustment of costs of
administration)
7. Section 17AC amended (Director to notify adjustment in
Gazette )
8. Schedule 4 repealed
[Bill 68]-III
2
HOMES AMENDMENT BILL 2004
(Brought in by the Minister for Health and Human
Services, the Honourable David Edward Llewellyn)
A BILL FOR
An Act to amend the Homes Act 1935
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Homes Amendment Act
2004.
Commencement
2. This Act is taken to have commenced on 1 July 2004.
Principal Act
3. In this Act, the Homes Act 1935* is referred to as the
Principal Act.
*No. 98 of 1935
[Bill 68] 3
s. 4 No. Homes Amendment 2004
Section 15B amended (Interpretation of Part IV)
4. Section 15B of the Principal Act is amended as follows:
(a) by inserting the following definition after the
definition of "adjustment rate":
"costs of administration" means the
costs referred to in
section 17(5)(b)(v);
(b) by omitting "1st July 1983" from paragraph (a)
of the definition of "year" and substituting
"1 July 2004";
(c) by omitting "1st July" from paragraph (b) of
the definition of "year" and substituting
"1 July".
Section 17 amended (Sale of dwelling-houses)
5. Section 17 of the Principal Act is amended as follows:
(a) by omitting subparagraph (v) from subsection
(5)(b) and substituting the following
subparagraph:
(v) subject to subsections (5B), (5C)
and (5D), the costs of
administration.
(b) by omitting subsection (5A) and substituting
the following subsections:
(5A) For the year commencing on
1 July 2004 (in this section referred to as "the
new base year"), the costs of administration
are to be $156.00.
4
2004 Homes Amendment No. s. 6
(5AB) After the new base year, the costs
of administration are to be adjusted annually
in accordance with this Part.
(5AC) Despite subsection (5AB), the
Minister may determine that the costs of
administration for any year after the new base
year are to be the same as the costs of
administration for the immediately preceding
year.
(5AD) A determination under
subsection (5AC) is of no effect unless the
Director is given written notice of it before the
beginning of the year to which the
determination applies.
(c) by omitting from subsection (5B) "pursuant to
subsection (5)(b)(v)";
(d) by omitting from subsection (7) "subsection (2)
of section twenty-nine" and substituting
"section 29(2)".
Section 17AB amended (Adjustment of costs of
administration)
6. Section 17AB(1) of the Principal Act is amended as
follows:
(a) by omitting "Schedule 4" and substituting
"section 17(5A)";
(b) by omitting "31st December" and substituting
"31 December".
5
s. 7 No. Homes Amendment 2004
Section 17AC amended (Director to notify
adjustment in Gazette )
7. Section 17AC of the Principal Act is amended by
omitting "1st August in" and substituting "1 August of".
Schedule 4 repealed
8. Schedule 4 to the Principal Act is repealed.
6 Government Printer, Tasmania