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PARLIAMENT OF VICTORIA
Valuation of Land (Amendment) Act 2006
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
3. Principal Act 2
PART 2--EXCHANGE OF INFORMATION ON CERTAIN
OBJECTIONS 3
4. Part III definition 3
5. Stating contended value in objection 3
6. New section 20 inserted and section 21 substituted 3
20. Exchange of information on certain objections 3
21. Determination of objection 4
7. Consequential amendment of section 22 5
PART 3--GENERAL AMENDMENTS 6
8. Definitions 6
9. Valuers to confer 6
10. Valuations generally 6
11. Supplementary valuations 7
12. New section 13DFA inserted 7
13DFA. Certification of supplementary valuation 7
13. Person may apply for valuation 8
14. Amendments to objection provisions 9
15. New section 18 substituted 9
18. Time for lodging objection 9
16. New Division 4 substituted in Part III 9
Division 4--Reviews and Appeals 9
22. Application to VCAT for review 9
23. Appeal to Supreme Court 11
24. Grounds of review or appeal 12
25. Powers on review or appeal 12
26. Costs 13
27. Costs if owner and occupier apply separately 14
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Clause Page
17. Consequential amendments to Part III 15
18. New section 32 inserted 15
32. Transitional provisions--Valuation of Land
(Amendment) Act 2006 15
19. Amendment of VCAT Act 16
20. County Court Act 1958 16
ENDNOTES 17
ii
551299B.I1-28/2/2006 BILL LA INTRODUCTION 28/2/2006
PARLIAMENT OF VICTORIA
A BILL
to amend the Valuation of Land Act 1960, the Victorian Civil and
Administrative Tribunal Act 1998 and the County Court Act 1958
and for other purposes.
Valuation of Land (Amendment) Act
2006
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is--
(a) to amend the Valuation of Land Act 1960
to--
5
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551299B.I1-28/2/2006 BILL LA INTRODUCTION 28/2/2006
Valuation of Land (Amendment) Act 2006
Act No.
Part 1--Preliminary
s. 2
(i) enhance the objection, review and
appeal processes;
(ii) require the valuer-general to certify all
supplementary valuations;
(iii) make general amendments;
5
(b) to make consequential amendments to the
Victorian Civil and Administrative
Tribunal Act 1998;
(c) to make a minor amendment to the County
Court Act 1958.
10
2. Commencement
(1) This Act (except Part 2) comes into operation on
1 July 2006.
(2) Subject to sub-section (3), Part 2 comes into
operation on a day to be proclaimed.
15
(3) If Part 2 does not come into operation before
1 July 2007, it comes into operation on that day.
3. Principal Act
See: In this Act, the Valuation of Land Act 1960 is
Act No.
called the Principal Act.
20 6653.
Reprint No. 10
as at
18 March
2004
and
amending
Act Nos
3/2004,
10/2004,
71/2004,
108/2004,
10/2005,
88/2005 and
99/2005.
LawToday:
www.dms.
dpc.vic.
gov.au
__________________
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Valuation of Land (Amendment) Act 2006
Act No.
Part 2--Exchange of Information on Certain Objections
s. 4
PART 2--EXCHANGE OF INFORMATION ON CERTAIN
OBJECTIONS
4. Part III definition
In section 14 of the Principal Act, insert the
following definition--
5
' "prescribed amount" means an amount
prescribed by the regulations for the
purposes of this Part;'.
5. Stating contended value in objection
After section 16(3) of the Principal Act insert--
10
"(3A) In addition to the requirements of sub-
section (2), if--
(a) a ground for the objection is that the
value assigned is too high or too low;
and
15
(b) the value assigned is not less than the
prescribed amount--
the objection must state the amount that the
objector contends is the correct value.
(3B) An amount stated in an objection in
20
accordance with sub-section (3A) is not
binding on the objector.".
6. New section 20 inserted and section 21 substituted
For section 21 of the Principal Act substitute--
"20. Exchange of information on certain
25
objections
(1) This section applies to an objection if--
(a) a ground for the objection is that the
value assigned is too high or too low;
and
30
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Valuation of Land (Amendment) Act 2006
Act No.
Part 2--Exchange of Information on Certain Objections
s. 6
(b) the value assigned is not less than the
prescribed amount.
(2) Within one month after the objection is
lodged with the rating authority, the valuer
for the authority must give the objector the
5
prescribed information concerning the
valuation that is the subject of the objection.
(3) Within one month after receiving the
prescribed information under sub-section (2),
the objector may lodge a written submission
10
concerning the valuation with the rating
authority.
21. Determination of objection
(1) An objection must be determined in
accordance with section 20 and this section.
15
(2) The rating authority must refer the objection
to the valuer for that authority, who must
provide a reasonable opportunity for the
objector to discuss the matter with him or
her.
20
(3) Within 4 months after receiving the
objection, the valuer must--
(a) if he or she considers that no
adjustment in the valuation is
justified--give the objector written
25
notice of that decision; or
(b) if he or she considers that an
adjustment in the valuation is
justified--
(i) recommend accordingly to the
30
valuer-general; and
(ii) give the objector and the rating
authority a copy of the
recommendation.
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Valuation of Land (Amendment) Act 2006
Act No.
Part 2--Exchange of Information on Certain Objections
s. 7
(4) The valuer-general, after consultation if
practical with the valuer, must determine the
objection as follows--
(a) the valuer-general may disallow the
recommended adjustment in whole or
5
part if, in his or her opinion, the
adjusted valuation is not correct; or
(b) in any other case, the valuer-general
must confirm the recommended
adjustment.
10
(5) Within 2 months after receiving the
recommendation, the valuer-general must
give written notice of his or her decision to
the objector, the valuer and the rating
authority.
15
(6) Subject to any review or appeal under
Division 4, the decision of the valuer-general
must be given effect to by the rating
authority and every other rating authority
using that valuation.
20
(7) If section 20 applies, sub-section (2) does not
require the valuer to provide a reasonable
opportunity for the objector to discuss the
matter with him or her unless the objector
lodges a submission under section 20(3).".
25
7. Consequential amendment of section 22
In section 22(6) of the Principal Act, for "and
copies of any notices given under section 21 in
connection with the objection" substitute
", copies of any notices given under section 21 in
30
connection with the objection and any information
given or submissions lodged under section 20 in
connection with the objection".
__________________
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Valuation of Land (Amendment) Act 2006
Act No.
Part 3--General Amendments
s. 8
PART 3--GENERAL AMENDMENTS
8. Definitions
(1) In section 2(1) of the Principal Act, in the
definition of "unit", for paragraph (a) substitute--
"(a) a unit on a registered plan of strata
5
subdivision subject to Schedule 2 to the
Subdivision Act 1988; and".
(2) In section 2(5) of the Principal Act, for "on a
subdivision under the Cluster Titles Act 1974"
substitute "on a registered cluster plan subject to
10
Schedule 2 to the Subdivision Act 1988".
9. Valuers to confer
Section 7(2) of the Principal Act is repealed.
10. Valuations generally
For section 13DC(3), (4) and (5) of the Principal
15
Act substitute--
"(3) Subject to sub-section (4), a council must
cause a valuation of all rateable land within
its municipal district to be made as at
1 January in every even calendar year and
20
returned to the council before 30 June in that
year.
(4) The Minister, after consultation with the
valuer-general, may direct in any particular
case or class of case that a general
25
valuation be made as at, and returned
before, dates other than those specified in
sub-section (3).
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Act No.
Part 3--General Amendments
s. 11
(5) In a general valuation, regard must be had to
every circumstance affecting the land at the
date the valuation is returned that, were it to
occur or come into existence subsequently,
would be a circumstance in which, under
5
section 13DF(2), a supplementary valuation
could be made.".
11. Supplementary valuations
(1) In section 13DF of the Principal Act--
(a) sub-section (2)(l) is repealed;
10
(b) in sub-section (3), after "returned" insert
"and certified by the valuer-general under
section 13DFA".
(2) After section 13DF(3) of the Principal Act
insert--
15
"(3A) Despite sub-section (3), the council that
caused the supplementary valuation to be
made may, for the purposes of levying or
adjusting a municipal rate, use the
supplementary valuation before it is certified
20
by the valuer-general.".
(3) In section 13DF(8) of the Principal Act, for
"a court or board" substitute "VCAT or the
Supreme Court".
12. New section 13DFA inserted
25
After section 13DF of the Principal Act insert--
"13DFA. Certification of supplementary valuation
(1) Within one month after returning a
supplementary valuation to the council, the
valuer must submit a report of the valuation
30
in the prescribed form to the valuer-general.
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Valuation of Land (Amendment) Act 2006
Act No.
Part 3--General Amendments
s. 13
(2) If, after considering the report by the valuer,
the valuer-general is satisfied that the
supplementary valuation is correct, the
valuer-general must so certify in writing to
the council.
5
(3) If, after considering the report by the valuer,
the valuer-general is not satisfied that the
supplementary valuation is correct, the
valuer-general must inform the valuer, who
must make a further supplementary valuation
10
in accordance with section 13DF.
(4) The valuer-general may at any time require
the valuer to give further information
concerning the supplementary valuation to
the valuer-general.
15
(5) If, within 2 months after receiving a report
on a supplementary valuation, the valuer-
general has not certified the valuation or
informed the valuer under sub-section (3),
the valuer-general is deemed to have
20
certified the valuation at the end of that
period.
(6) In calculating the period referred to in sub-
section (5), any time between the time when
the valuer-general requires the valuer to give
25
him or her further information under sub-
section (4) and the time when that
requirement is complied with is not to be
counted.".
13. Person may apply for valuation
30
For section 13DJ(2) of the Principal Act
substitute--
"(2) The copy must specify the date as at which
the value was assessed.".
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Valuation of Land (Amendment) Act 2006
Act No.
Part 3--General Amendments
s. 14
14. Amendments to objection provisions
In the Principal Act--
(a) in section 14--
(i) in the definition of "relevant taxpayer",
for "2005;" substitute "2005.";
5
(ii) the definition of "Tribunal" is repealed;
(b) for section 16(2)(a) substitute--
"(a) contain the prescribed information
(if any); and".
15. New section 18 substituted
10
For section 18 of the Principal Act substitute--
"18. Time for lodging objection
An objection must be lodged--
(a) within 2 months after the notice
of valuation is given under
15
section 15(1)(a); or
(b) in the case of a person referred to in
section 16(5)--within 2 months after
receiving the notice of assessment of
the rate or tax.".
20
16. New Division 4 substituted in Part III
For Division 4 of Part III of the Principal Act
substitute--
'Division 4--Reviews and Appeals
22. Application to VCAT for review
25
(1) An objector who is dissatisfied with the
decision of a valuer or the valuer-general on
the objection may apply to VCAT for review
of the decision.
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Valuation of Land (Amendment) Act 2006
Act No.
Part 3--General Amendments
s. 16
(2) If the valuer for a rating authority has not
given an objector notice of a decision on the
objection or a copy of a recommendation
under section 21(3)(b)(ii) within 4 months
after the objection was lodged with the rating
5
authority, the valuer is deemed to have made
a decision that no adjustment in the valuation
is justified.
(3) If the valuer-general has not given an
objector notice of a decision under
10
section 21(5) within 2 months after a copy of
a recommendation was given to the objector
under section 21(3)(b)(ii), the valuer-general
is deemed to have made a decision
disallowing the recommended adjustment.
15
(4) An application under this section must be
made--
(a) in the case of an application in respect
of a deemed decision referred to in sub-
section (2)--within 9 months after the
20
date on which the objection was lodged
with the rating authority;
(b) in the case of an application in respect
of a deemed decision referred to in sub-
section (3)--at any time after the end of
25
the 2 month period referred to in that
sub-section;
(c) in any other case--within 30 days after
the date notice of the decision is given
to the objector.
30
(5) An applicant under this section must serve a
copy of the application on the rating
authority.
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Act No.
Part 3--General Amendments
s. 16
(6) The rating authority must, within 1 month
after being served with a copy of the
application, forward to the principal registrar
of VCAT the notice of objection and copies
of any notices given under section 21 in
5
connection with the objection.
(7) The principal registrar of VCAT must notify
the valuer-general of an application under
this section.
(8) Nothing in sub-section (2) or (3) prevents the
10
valuer or the valuer-general (as the case
requires) from making a decision on an
objection after the end of the period referred
to in the relevant sub-section.
23. Appeal to Supreme Court
15
(1) The President of VCAT, on his or her own
initiative or on the application of a party,
may refer a matter that is the subject of an
application under section 22 to the Supreme
Court to be treated as an appeal to the
20
Supreme Court if the President is satisfied
that the matter raises questions of unusual
difficulty or of general importance.
(2) The principal registrar of VCAT must notify
the valuer-general of a referral to the
25
Supreme Court under sub-section (1).
(3) In addition to sub-section (1), a matter that is
or could be the subject of an application
under section 22 may be treated as an appeal
to the Supreme Court if, on the application of
30
any party, the Court is satisfied that the
matter raises questions of unusual difficulty
or of general importance.
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Act No.
Part 3--General Amendments
s. 16
(4) For the purposes of sub-section (3), a
"party" includes a person who would be a
party if the matter were the subject of an
application under section 22.
(5) The prothonotary must notify the valuer-
5
general of an application to the Supreme
Court under sub-section (3).
(6) Nothing in this section limits the application
of section 77 of the Victorian Civil and
Administrative Tribunal Act 1998.
10
Note: Section 77 of the Victorian Civil and
Administrative Tribunal Act 1998 permits
VCAT to refer a matter to a more appropriate
forum.
24. Grounds of review or appeal
15
(1) On a review or appeal the objector's case is
limited to--
(a) the grounds of the objection; and
(b) any other grounds set out in the
application for review or appeal--
20
unless VCAT or the Court (as the case
requires) otherwise orders.
(2) If a ground for the objection or application is
that the value assigned is too high or too low,
the application for review or appeal (as the
25
case requires) must state the amount that the
objector contends is the correct value.
25. Powers on review or appeal
(1) On a review or appeal, VCAT or the Court
(as the case requires) may--
30
(a) by order, confirm, increase, reduce or
otherwise amend any valuation; and
(b) make any other order it thinks fit.
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Valuation of Land (Amendment) Act 2006
Act No.
Part 3--General Amendments
s. 16
(2) An appeal to the Court of Appeal from an
order of the Court under this section lies only
on a question of law.
Note: Section 148 of the Victorian Civil and
5 Administrative Tribunal Act 1998 provides
for appeals on a question of law from orders of
VCAT.
26. Costs
(1) On a review or appeal, VCAT or the Court
(as the case requires) may make an order as
10
to the payment of costs, or no order as to the
payment of costs, as it thinks appropriate.
(2) In determining any questions concerning
costs, VCAT or the Court must take into
consideration the following factors, as
15
appropriate--
(a) the desirability of minimising the
overall level of legal and valuation
costs;
(b) any offer, whether or not made without
20
prejudice, by a party in respect of the
valuation;
(c) the extent of any adjustment to the
valuation made by VCAT or the Court;
(d) the degree of openness in sharing
25
information between the parties--
(i) during the objection process; and
(ii) during the review or appeal;
(e) any unreasonable conduct on the part of
any party--
30
(i) during the objection process; or
(ii) during the review or appeal;
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Valuation of Land (Amendment) Act 2006
Act No.
Part 3--General Amendments
s. 16
(f) the failure of a party to give adequate
information or supply supporting
material when permitted or required to
do so;
(g) an excessively low value stated by the
5
objector under section 24(2) or an
excessively high value contended by
the rating authority, valuer or valuer-
general (as the case requires).
(3) The Court may make an order with respect to
10
the assessment of costs in the same manner
as it may in respect of any other matter
before the Court.
Note: Section 111 of the Victorian Civil and
15 Administrative Tribunal Act 1998 provides
for the assessment of costs in VCAT
proceedings.
27. Costs if owner and occupier apply
separately
(1) This section applies if the owner and the
20
occupier of land separately apply for review
or appeal in respect of the same assessment
of value.
(2) If this section applies, VCAT or the Court
(as the case requires) must not award the
25
owner or occupier any costs in respect of the
proceeding unless VCAT or the Court is
satisfied--
(a) if the applicant is the owner, that--
(i) the owner, before applying for
30
review or appeal, requested the
occupier to join in the proceeding;
and
(ii) the occupier refused or failed to
do so; or
35
14
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Valuation of Land (Amendment) Act 2006
Act No.
Part 3--General Amendments
s. 17
(b) if the applicant is the occupier, that--
(i) the occupier, before applying for
review or appeal, requested the
owner to join in the proceeding;
and
5
(ii) the owner refused or failed to do
so.
(3) If the party bringing the proceeding satisfies
VCAT or the Court as set out in sub-section
(2), the owner or occupier refusing or failing
10
to join the proceedings must pay the costs of
that person's own application.'.
17. Consequential amendments to Part III
In the Principal Act--
(a) section 28 is repealed;
15
(b) in sections 30 and 31, for "the Tribunal"
(wherever occurring) substitute "VCAT".
18. New section 32 inserted
After section 31 of the Principal Act insert--
"32. Transitional provisions--Valuation of
20
Land (Amendment) Act 2006
(1) Division 4 as substituted by section 16 of the
Valuation of Land (Amendment) Act 2006
applies to an objection lodged on or after
1 July 2006.
25
(2) Division 4 as in force immediately before the
commencement of section 16 of the
Valuation of Land (Amendment) Act 2006
continues to apply to an objection lodged
before 1 July 2006.".
30
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Valuation of Land (Amendment) Act 2006
Act No.
Part 3--General Amendments
s. 19
19. Amendment of VCAT Act
(1) In clause 96 of Schedule 1 to the Victorian Civil
and Administrative Tribunal Act 1998--
(a) sub-clause (1) is repealed;
(b) in sub-clause (2), for "a referral" substitute
5
"an application for review".
(2) In clause 97 of Schedule 1 to the Victorian Civil
and Administrative Tribunal Act 1998, for
"section 22(1)" substitute "section 22".
20. County Court Act 1958
10
In section 38 of the County Court Act 1958, for
"section 130J" substitute "section 13DJ".
16
551299B.I1-28/2/2006 BILL LA INTRODUCTION 28/2/2006
Valuation of Land (Amendment) Act 2006
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
17
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