FIRE SERVICES PROPERTY LEVY ACT 2012

Table of Provisions

PART 1--PRELIMINARY

• 1 Purpose  
• 2 Commencement  
• 3 Definitions  
• 4 Meaning of owner  
• 5 Meaning of non-reviewable in relation to certain determinations or decisions  
• 6 Act binds the Crown  

PART 2--THE FIRE SERVICES PROPERTY LEVY

• 7 What is the fire services property levy?  
• 8 Property that is subject to the levy  
• 9 Assessment of levy and apportionment of levy in specified circumstances  
• 9A Single farm enterprise exemption  
• 10 Land that is not subject to the levy  
• 11 Amount of fixed charge determined by land use classification  
• 12 Determination of levy rates  
• 13 Levy rates may be based on location and land use classification  
• 14 Levy rates based on location of leviable land  
• 15 Levy rates based on land use classification of leviable land  
• 16 Use of valuations  
• 17 Calculating the levy amount payable  
• 18 Minister may specify maximum levy amount payable  
• 19 Liability to pay levy  
• 20 Councils to pay only fixed charge in respect of specified leviable land  

PART 3--COLLECTION OF LEVY BY COLLECTION AGENCY

Division 1--Appointment, functions and general powers

• 21 Appointment, functions and powers of a collection agency under this Act  
• 22 Further powers of collection agencies  
• 23 Authorised officers  
• 24 Levy records to be kept by a collection agency  

Division 2--Levy collection by collection agencies

• 25 Levy assessment notice  
• 26 Payment of levy amount  
• 27 Deferred payments and waiver in respect of rateable leviable land  
• 28 Deferred payments and waiver in respect of non-rateable leviable land that is classified residential  
• 29 Concessions  
• 30 Collection agency must charge levy interest on unpaid levy amount  
• 31 Joint liability to pay levy  
• 31A Land becoming or ceasing to be leviable land  
• 32 Person acquiring leviable land  
• 33 Collection agency may require occupier to pay rent  
• 34 Recovery of levy not affected by objection, review or appeal  
• 35 Unpaid levy amount  
• 36 Refund of amounts overpaid  
• 37 Levy amounts and levy interest collected by collection agency to be separately accounted for  
• 38 Cancellation of assessment of liability to pay levy amount made in error  
• 39 Revised assessment of liability to pay levy amount  

Division 3--Collection agency returns and payment of levy to Commissioner

• 40 Returns to be submitted to the Commissioner  
• 41 Payment of collected levy to Commissioner  

PART 4--COMMISSIONER OVERSIGHT

Division 1--Administration of Part

• 42 Administration  
• 43 Authorised officers  
• 44 Identity cards for authorised officers performing functions under this Part  
• 45 Delegation  
• 46 Provision of staff  
• 47 Use of consultants and contractors  

Division 2--Role of, and functions and powers of, Commissioner

• 48 Functions and powers of the Commissioner under this Act  
• 49 Commissioner to keep proper accounts  
• 50 Levy paid into Consolidated Fund on receipt by Commissioner  
• 51 Minister may request the Commissioner to investigate collection costs of collection agencies  
• 52 Commissioner to pay fees to collection agencies following determination by Minister  
• 53 Power of Commissioner under this Part  

Division 3--Investigative powers

• 54 Power of investigation  
• 55 Power of entry, search and inspection  
• 56 Search warrant  
• 57 Announcement before entry  
• 58 Copy of warrant to be given to occupier  
• 59 Protection against self-incrimination  
• 60 Access to public records without fee  

Division 4--Miscellaneous provisions

• 61 Means of payment by collection agencies  
• 62 Appropriation of Consolidated Fund  
• 63 Legal proceedings in Commissioner's name  

PART 5--SECRECY AND GENERAL PROVISIONS

Division 1--Secrecy

• 64 Prohibition on certain disclosures of information by authorised persons  
• 65 Permitted disclosures to particular persons  
• 66 Permitted disclosures of a general nature  
• 67 Permitted disclosure that may identify a particular person  
• 68 Prohibition on secondary disclosure of information  
• 69 Further restrictions on disclosure  

Division 2--General

• 70 Collection agency fees for levy functions determined by Minister  
• 71 Alteration of levy records  
• 72 Minister may issue directions  
• 73 Delegation by Minister  
• 74 Minister may request suspension of Council  

Division 3--Service

• 75 Service on a collection agency  
• 76 Service on a person by a collection agency  
• 77 Evidence of service  
• 78 Service of documents on Commissioner  
• 80 Service of documents by Commissioner  
• 81 Service on a person by the Commissioner  

Division 4--Miscellaneous

• 82 Obstructing collection agency  
• 83 Regulations  
• 84 Supreme Court—Limitation of jurisdiction  
• SCHEDULE
ENDNOTES