Victorian Consolidated Legislation

Local Government Act 1989 - SECT 171

Waiver

171. Waiver



(1) The Council may waive the whole or part of any rate or charge or interest
in relation to-

   (a)  an eligible recipient under subsection (4); or

   (b)  any other class of persons determined by the Council for the purpose
        of waiving rates or charges on the grounds of financial hardship.

(2) A resolution of the Council for the purposes of subsection (1)(b) must
include the objectives to be achieved by the waiver.



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(4) The following provisions apply to the waiver of the whole or part of any
rates or charges or interest in relation to eligible recipients within the
meaning of the State Concessions Act 2004 who are entitled to be granted a
concession under a relevant concession order made under that Act-



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   (b)  a person may only apply for a waiver in respect of rateable land or a
        part of rateable land which is used exclusively for residential
        purposes by that person and is that person's sole or principal place
        of residence;

   (ba) in addition, if the person does not own the land or part, he or she
        may only apply for a waiver if-

   (i)  he or she is liable to pay those rates or charges or interest (or an
        amount in place of, or on account of, those rates or charges or
        interest), whether under an agreement with the owner or for any other
        reason; or

   (ii) he or she holds a residence right in a retirement village (as defined
        in the Retirement Villages Act 1986); or

   (iii) he or she made a valid application in respect of the land under
        section 298(1A) of the Local Government Act 1958, or continued to have
        a valid application under section 298(1AC) of that Act, in the 12
        months immediately before the commencement of this section;

   (c)  a person may make only one application for each rating period in
        respect of the same rateable land or same part of rateable land;



   (d)  an application must be in the form approved by the Minister
        administering the State Concessions Act 2004 and must be made on or
        before 30 April in the financial year in respect of the rate or charge
        for which the waiver is sought, but the Minister administering the
        State Concessions Act 2004 may approve late applications or extend the
        closing date for applications, either generally or specifically;

   (e)  the Council must, on receipt of an application which complies with
        this subsection, waive the amount which is in accordance with the
        concession order;

   (f)  subject to the approval of the Minister administering the
        State Concessions Act 2004, a Council which waives an amount in
        respect of rateable land or a part of rateable land under this
        subsection may decide to treat the person who was granted the waiver
        as having made a continuing application for a waiver in respect of the
        rateable land or part, unless the person advises the Council that a
        waiver is no longer sought.

(5) The Council must not in respect of a person waive an amount under
subsection (4) which exceeds the amount paid to the Council by the Government
of Victoria in respect of that person.

(5AA) An Order under subsection (4)(a) as in force immediately before the
commencement of the State Concessions Act 2004 is deemed to be a concession
order within the meaning of that Act in relation to rates, charges or interest
payable under this Act until a relevant concession order under that Act is
made.

(5A) The Council may also waive an amount of rate or charge or interest
payable by a person if the person has a legally enforceable right to recover
that amount (whether directly or indirectly) from an eligible recipient who
would be eligible to apply for a waiver of that amount under subsection (4) if
that eligible recipient was liable to the Council for that amount.

(5B) The Council may only waive the amount under subsection (5A) on the
application of the eligible recipient.

(6) A person who-

   (a)  gives to a Council any information which is false or misleading in any
        material particular in respect of an application under this section;
        or

   (b)  fails to notify a Council of any change in circumstances which is
        relevant to an application or to a waiver granted under this section-

is guilty of an offence. Penalty: 10 penalty units.