Victorian Consolidated Legislation

Local Government Act 1989 - SECT 13

Owner ratepayers entitled to be enrolled without application

13. Owner ratepayers entitled to be enrolled without application



(1) Subject to subsections (2) and (3), a person who on the entitlement date-

   (a)  is not a person referred to in section 12; and

   (b)  is not less than 18 years of age or is less than 18 years of age but
        will attain the age of 18 years on or before election day; and

   (c)  is the owner of any rateable property in the municipal district
        whether solely or jointly with any other person or persons; and





   (d)  is not a resident of the municipal district-



is entitled as a ratepayer without application to be enrolled on the voters'
roll in respect of that rateable property.

(2) For the purposes of subsection (1), only 2 joint owners are entitled to be
enrolled in respect of each rateable property.

(3) A person is not entitled to be enrolled under subsection (1) if an
occupier is enrolled as a ratepayer under section 15 in respect of that
rateable property.

(4) For the purposes of subsection (1), if it appears from the rate records of
the Council that there are more than 2 owners of any rateable property, the
Chief Executive Officer must enrol without application the 2 owners-

   (a)  whose names appear first on the rate records in relation to that
        rateable property when those names are read in the order in which they
        appear in those records; and

   (b)  who satisfy the requirements of paragraphs (b), (c) and (d) of
        subsection (1) in respect of that rateable property.

(5) Despite subsection (4), if a written request containing the details
required by the regulations is delivered to the Council office by 4 p.m. on
the entitlement date requesting that the owner or 2 owners of the rateable
property specified in the request be enrolled on the voters' roll instead of
the owner or 2 owners that would otherwise be enrolled by virtue of subsection
(4), the Chief Executive Officer must give effect to the request.

(6) If a person is the owner of more than one rateable property in a municipal
district, the person may by a written request containing the details required
by the regulations delivered to the Council office by 4 p.m. on the
entitlement date specify the location of the rateable property in respect of
which the entitlement under this section is to be exercised.

(7) If a person is the owner of more than one rateable property in a municipal
district and the Council does not receive a written request under subsection
(6), the Chief Executive Officer-

   (a)  must choose one rateable property in respect of which the entitlement
        under this section is to be exercised; and

   (b)  may for the purposes of paragraph (a) choose the rateable property
        which has the highest capital improved value in the council valuation
        records at the entitlement date.