Victorian Consolidated Legislation

Congestion Levy Act 2005 - SECT 3

Definitions

3. Definitions



(1) In this Act-

car park means premises or part of premises in the levy area that contain one
or more parking spaces; CPI adjusted levy has the meaning given in section 11;
domestic partner of a person means a person to whom the person is not married,
but with whom the person is living as a couple on a genuine domestic basis
(irrespective of gender);

exempt parking space means a parking space declared by or under Part 4 to be
an exempt parking space; GST has the same meaning as it has in the
A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth except
that it includes notional GST of the kind for which payments may be made under
Part 3 of the National Taxation Reform (Consequential Provisions) Act 2000 by
a person that is a State entity within the meaning of that Act; leviable
parking space means a long stay parking space in a car park that is not an
exempt parking space; levy means the levy imposed by section 8; levy area
means the area described in Schedule 1; levy year means a year for which the
levy is being assessed; long stay parking space has the meaning given in
section 4; motor vehicle does not include a motor cycle; operator of a public
car park means a person who is not the owner of the premises on which the car
park is situated but who operates the car park under a lease, licence or other
arrangement; owner of premises means-

   (a)  a person who holds a freehold interest in the land on which the
        premises are situated;

   (b)  if the premises are on Crown land-

   (i)  if the land is unalienated Crown land-the Crown;

   (ii) if the Crown has granted a lease or licence over the land-the lessee
        or licensee of the land; parking space means-

   (a)  a space set aside for the parking of a motor vehicle, whether or not
        the space is used for the parking of a motor vehicle and whether or
        not the space is permanently delineated as such; or

   (b)  a space used for the parking of a motor vehicle, whether or not the
        space is permanently delineated as such- but does not include a space
        that is part of the carriageway of any street, road or lane open to or
        used by the public; premises includes vacant land; private car park
        means a car park or part of a car park that is not a public car park;
        public car park means a car park the predominant number of parking
        spaces in which are set aside for, or used by, the general public,
        whether on a casual basis or under any kind of longer-term
        arrangement, but does not include part of a car park determined by the
        Commissioner under subsection (2) not to be a public car park;
        relative, in relation to a person, means-

   (a)  a spouse or domestic partner of the person;

   (b)  a lineal ancestor or lineal descendant of the person or of the spouse
        or domestic partner of the person;

   (c)  a brother or sister of the person or of the spouse or domestic partner
        of the person;

   (d)  a spouse or domestic partner of a person in paragraph (b) or (c);

   (e)  a child of a brother or sister of the person or of the spouse or
        domestic partner of the person;

   (f)  a brother or sister of a parent of the person or of the spouse or
        domestic partner of the person; spouse of a person means a person to
        whom the person is married;

working day means a day other than a Saturday, a Sunday or a public holiday
appointed under the Public Holidays Act 1993; year means a calendar year.

(2) The Commissioner may determine that part of a car park is not a public car
park for the purposes of this Act if satisfied that the part is set aside or
used for parking by an owner or a tenant of the premises on which the car park
is situated.

(3) For the purposes of the definition of domestic partner in subsection (1),
in determining whether persons are domestic partners of each other, all the
circumstances of their relationship are to be taken into account, including
any one or more of the matters referred to in section 275(2) of the
Property Law Act 1958 as may be relevant in a particular case.