Victorian Consolidated Legislation

Local Government Act 1989 - SECT 158

Declaring rates and charges

158. Declaring rates and charges



(1) A Council must at least once in respect of each financial year declare by
31 August the following for that year-

   (a)  the amount which the Council intends to raise by general rates,
        municipal charges, service rates and service charges;

   (b)  whether the general rates will be raised by the application of-

   (i)  a uniform rate; or

   (ii) differential rates (if the Council is permitted to raise such rates
        under section 161(1)); or

   (iii) urban farm rates, farm rates or residential use rates (if the Council
        is permitted to raise such rates under section 161A).

(2) The Council must declare the general rate in respect of a period of time
between 3 months and a year.





(3) A Council may levy general rates, municipal charges, service rates and
service charges by sending a notice to the person who is liable to pay them.

(3A) At the written request of the person liable to pay rates or charges, the
Council may send the notice to a person specified in the written request.

(4) The notice must-

   (a)  contain the prescribed information; and





   (b)  state-



   (i)  in the case of general rates, municipal charges, service rates and
        service charges, the dates when the instalments of the rates or
        charges are due, and, if those rates and charges may be paid in a lump
        sum, the date when that lump sum is due; or

   (ii) in any other case, when the rates or charges are due; and

   (c)  specify any other options for payment determined by the Council; and



   (d)  be issued at least 14 days before the date on which the first payment
        of the rates or charges is due.

(4A) If general rates, municipal charges, service rates or service charges-

   (a)  are not payable in a lump sum; or

   (b)  are payable in a lump sum but the first instalment is paid-

the Council must send a notice that contains the information set out in
subsections (4)(b) and (4)(c) at least 14 days before each of the second,
third and fourth instalments are due.

(4B) Despite anything to the contrary in section 167, a failure to comply with
subsection (4)(d) or (4A) alters the date on which the relevant payment is due
to a day specified by the Council in the notice which is not less than 14 days
after the date on which the notice relating to that payment is sent.

(5) If a Council has declared more than one general rate, municipal charge,
service rate or service charge for the year, it may levy any of those rates or
charges as a combined rate or charge.

(6) A Council must, as far as is practicable, levy all general rates,
municipal charges, service rates and service charges which are declared in a
financial year in the same financial year.