Victorian Consolidated Legislation

Congestion Levy Act 2005 - SECT 34

Private car parks-obligation of lessees, licensees etc.

34. Private car parks-obligation of lessees, licensees etc.



(1) This section applies to a parking space in a private car park.

(2) A person who uses a parking space that is a leviable parking space for a
levy year under an agreement with the owner of the parking space must pay to
the owner-

   (a)  the amount of the levy for that levy year in respect of that parking
        space; and

   (b)  the amount of any GST payable in respect of the amount referred to in
        paragraph (a).

(3) If a parking space referred to in subsection (2) is used by the person for
only part of the year, the amount to be paid by the person is to be reduced
proportionately.

(4) The person must pay the amount required by this section at or before the
time that the owner is required to pay the levy.

Note The owner is required to pay the levy by the day specified in the notice
of assessment under section 14 of the Taxation Administration Act 1997.

(5) The owner must, on request, provide the person with a copy of the notice
of assessment of the levy.

(6) If a person does not pay an amount as required by this section, the owner
may recover the amount as a debt in a court of competent jurisdiction.

(7) This section has effect despite the terms of any lease, licence or other
agreement, but only until the earlier of the following-

   (a)  the parties to the lease, licence or agreement expressly agree that
        this section is not to apply; or

   (b)  the rental, licence fee, or other amount payable under the agreement
        by the person who uses the parking space is or could be reviewed, or
        the lease, licence or agreement could be terminated, by either party.

(8) In this section-

agreement includes a lease, licence, management agreement and any other kind
of agreement or arrangement.