Victorian Consolidated Legislation

Local Government (Consequential Provisions) Act 1989 - SECT 3

Repeals

3. Repeals



(1) On the coming into operation of an Item in Schedule 1, the Act specified
in that Item is repealed to the extent set out in that Item.

(2) Despite the repeal of Part IX of the Local Government Act 1958 and
notwithstanding anything to the contrary in Part 8 of the
Local Government Act 1989 the following provisions apply in respect of a
Council which levies a minimum rate in the prescribed year-



   (a)  in this subsection-

prescribed amount means the difference between the rate revenue received from
those rateable properties on which the minimum rate is levied in the
prescribed year and the rate revenue that would have been received from those
rateable properties if no minimum rates had been levied;

prescribed year means the period of 12 months ending on 30 September 1992;





   (b)  a Council which levies a minimum rate in the prescribed year may
        continue to levy a minimum rate for the following periods-

   (i)  in the first financial year after the prescribed year a minimum rate
        at a rate which raises rate revenue of an amount not exceeding the
        prescribed amount;

   (ii) in the second financial year after the prescribed year a minimum rate
        at a rate which raises rate revenue of an amount not exceeding 75 per
        cent of the prescribed amount;

   (iii) in the third financial year after the prescribed year a minimum rate
        at a rate which raises rate revenue of an amount not exceeding 50 per
        cent of the prescribed amount;

   (iv) in the fourth financial year after the prescribed year a minimum rate
        at a rate which raises rate revenue of an amount not exceeding 25 per
        cent of the prescribed amount;

   (c)  a minimum rate levied under paragraph (b) must not exceed the minimum
        rate levied in the prescribed year;

   (d)  a minimum rate must not be levied under paragraph (b) in respect of
        any rateable properties on which a minimum rate was not levied in the
        prescribed year;

   (e)  a reference in paragraph (b) to rate revenue raised by a minimum rate
        in a particular year is a reference to the difference between the rate
        revenue received from the rateable properties on which the minimum
        rate is levied in that year and the rate revenue that would have been
        received from those rateable properties if no minimum rates had been
        levied in that year;

(3) Despite the repeal of Part IX of the Local Government Act 1958 and
notwithstanding anything to the contrary in Part 8 of the
Local Government Act 1989-

   (a)  a Council which in respect of the financial year ending 30 September
        1992 was using a combination of valuation systems may continue to use
        that combination in respect of the financial year commencing 1 October
        1992; and







   (b)  if a Council to which paragraph (a) applies decides to use only one of
        these valuation systems in respect of the financial year commencing 1
        October 1993, section 157(3) of the Local Government Act 1989 does not
        apply in respect of that decision.