Victorian Consolidated Legislation

Local Government Act 1989 - SECT 15

Occupier ratepayers may apply to be enrolled

15. Occupier ratepayers may apply to be enrolled



(1) A person who on the entitlement date-

   (a)  is not a person referred to in section 12, 13 or 14; 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 the election day; and

   (c)  is the occupier of any rateable property in the municipal district,
        whether solely or jointly with any other person or persons and is
        liable to pay the rates in respect of that rateable property-

is entitled as a ratepayer to apply to be enrolled on the voters' roll in
respect of that rateable property.

(2) For the purposes of subsection (1), only 2 joint occupiers can be enrolled
in respect of each rateable property.

(3) For the purposes of subsection (1), an occupier is liable to pay the rates
in respect of that rateable property if-

   (a)  the occupier is paying the rates to the Council; or

   (b)  the lease under which the occupier occupies the rateable property
        specifies that the occupier is liable to pay the rates.

(4) Subject to subsection (5), an application under subsection (1) must be
accompanied by the written consent of the owner, or if there are joint owners,
of at least 2 of the joint owners, of the rateable property.

(5) Subsection (4) does not apply if it appears from the Council records that
the occupier is, or the joint occupiers are, receiving the rate notice.

(6) If the Council receives an application under subsection (1), the Chief
Executive Officer must notify the owner or joint owners that the Council has
received the application.

(7) If an application is in force under subsection (1), an enrolment cannot be
made in respect of the same rateable property under section 13 or 14.

(8) A person who is enrolled on the voters' roll as an occupier under
subsection (1) may renew the enrolment by an application containing the
details required by the regulations delivered to the Council office by 4 p.m.
on the entitlement date before the next general election.

(9) Subsection (4) does not apply to an application under subsection (8).

(10) A person who is enrolled on the voters' roll as an occupier under
subsection (1) may resign the enrolment by an application containing the
details required by the regulations delivered to the Council.

(11) The owner or any 2 of the joint owners may withdraw a written consent
under subsection (4) by an application containing the details required by the
regulations delivered to the Council before 4 p.m. on the entitlement date.