Victorian Consolidated Legislation

Municipalities Assistance Act 1973 - SECT 2

Payment of assistance

2. Payment of assistance



(1) In this Act-











domestic partner of a person means-

   (a)  a person who is in a registered relationship with the person; or

   (b)  a person to whom the person is not married but with whom the person is
        living as a couple on a genuine domestic basis (irrespective of
        gender); pensioner means a person who is an eligible recipient within
        the meaning of the State Concessions Act 2004; spouse of a person
        means a person to whom the person is married.

(2) For the purposes of the definition of domestic partner in subsection (1)-

   (a)  registered relationship has the same meaning as in the
        Relationships Act 2008; and

   (b)  in determining whether persons who are not in a registered
        relationship are domestic partners of each other, all the
        circumstances of their relationship are to be taken into account,
        including any one or more of the matters referred to in section 35(2)
        of the Relationships Act 2008 as may be relevant in a particular case.

(3) Where upon the application of a person who is a pensioner to be excused
payment of any rate interest or charge made levied declared or imposed in
respect of property which is the sole or principal residence of that
pensioner-





   (a)  a council under section 171(4) of the Local Government Act 1989; or







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excuses payment of the rate interest or charge or any part thereof the
council, or the Board of Works may make application to the Treasurer for
payment of assistance and the Treasurer shall pay to that council, the Board
of Works, the Authority, the sewerage Authority or the Trust in respect of
that rate interest or charge an amount equal to-

        (i)    where the pensioner is the only person liable to pay the rate,
               interest or charge in respect of that property or where the
               only other person liable to pay the rate, interest or charge is
               the spouse or domestic partner of the pensioner, one-half of a
               sum equal to the amount of that rate or charge and the total
               amount of that interest payable for all quarters in that year
               or the amount validly excused by the applicant (whichever is
               applicable); and

        (ii)   where, together with one or more other persons the pensioner or
               the pensioner and the spouse or domestic partner of the
               pensioner are liable to pay the rate, interest or
               charge-one-half of an amount equal to the sum of the rate or
               charge and the total interest payable in respect of all
               quarters in that year or the amount validly excused by the
               applicant (whichever is applicable)-divided by the total number
               of persons liable to pay the rate, interest or charge-

provided that the amount of assistance paid shall not in any instance exceed
the amount of the rate or of the rate and interest (as the case may be)
validly excused by the applicant.

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(4) The Treasurer may require any information which he considers necessary for
the purposes of this Act from a council, or the Board of Works.







(5) On the application of a council, the Treasurer must pay to the council an
amount equal to any amount the council validly waives under section 171(5A) of
the Local Government Act 1989.







* * * * *

--------------- ENDNOTES 1. General Information The Municipalities Assistance
Act 1973 was assented to on 18 December 1973 and came into operation on 1
October 1973: section 1(2). 2. Table of Amendments This Version incorporates
amendments made to the Municipalities Assistance Act 1973 by Acts and
subordinate instruments.
------------------------------------------------------------- Municipalities
Assistance (Amendment) Act 1974, No. 8613/1974 Assent Date: 10.12.74
Commencement Date: S. 4 on 1.10.74: s. 4(2); ss 1-3 on 10.12.74 Current State:
All of Act in operation Pensioners' Rates Remission Act 1975, No. 8670/1975
Assent Date: 15.4.75 Commencement Date: 15.4.75: s. 1(2) Current State: All of
Act in operation Pensioners' Water and Sewerage Rates Remission Act 1975, No.
8794/1975 Assent Date: 2.12.75 Commencement Date: 2.12.75: s. 1(2) Current
State: All of Act in operation Pensioners' Rates Remission Act 1976, No.
8893/1976 Assent Date: 23.11.76 Commencement Date: 23.11.76: s. 1(2) Current
State: All of Act in operation Pensioners' Rates Remission Act 1980, No.
9385/1980 Assent Date: 13.5.80 Commencement Date: S. 1(2) provides that the
provisions of this Act: (a) shall in relation to any rate or charge which
commences or is deemed to commence on or after 1 July 1980 apply as amended by
this Act; and (b) shall not apply in relation to any rate or charge which
commences or is deemed to commence before 1 July 1980 Current State: All of
Act in operation Pensioners' Rates Remission Act 1981, No. 9684/1981 Assent
Date: 5.1.82 Commencement Date: 5.1.82: s. 1(5) Current State: All of Act in
operation Supporting Parents Concession Act 1983, No. 9915/1983 Assent Date:
21.6.83 Commencement Date: 1.7.83: see s. 1(2) Current State: All of Act in
operation Pensioner Concessions (Rehabilitation Allowance) Act 1984, No.
10070/1984 Assent Date: 15.5.84 Commencement Date: S. 6 on 1.1.85: s. 2(2);
rest of Act on 1.7.84: s. 2(1) Current State: All of Act in operation

State Concessions Act 1986, No. 109/1986 (as amended by No. 48/1987) Assent
Date: 16.12.86 Commencement Date: Ss 1-6, Sch. items 3, 7, 8, 11 on 30.3.87:
Government Gazette 25.3.87 p. 695; Sch. items 1, 2, 4-6, 9, 10, 12 on 1.12.87:
Government Gazette 18.11.87 p. 3072 Current State: All of Act in operation
Local Government (Consequential Provisions) Act 1989, No. 12/1989 Endnotes
Assent Date: 9.5.89 Commencement Date: S. 4(Sch. 2 item 83.1) on 1.10.92:
Government Gazette 23.9.92 p. 2789 Current State: This information relates
only to the provision/s amending the Municipalities Assistance Act 1973 Water
(Consequential Amendments) Act 1989, No. 81/1989 Assent Date: 5.12.89
Commencement Date: 1.11.90: Government Gazette 15.8.90 p. 2473 Current State:
All of Act in operation Local Government (Rating) Act 1991, No. 78/1991 Assent
Date: 3.12.91 Commencement Date: S. 27 on 3.12.91: s. 2(5) Current State: This
information relates only to the provision/s amending the
Municipalities Assistance Act 1973 State Concessions Act 2004, No. 82/2004
Assent Date: 16.11.04 Commencement Date: S. 13(Sch. item 6) on 1.3.05: s. 2(2)
Current State: This information relates only to the provision/s amending the
Municipalities Assistance Act 1973 Relationships Act 2008, No. 12/2008 Assent
Date: 15.4.08 Commencement Date: S. 73(1)(Sch. 1 item 42) on 1.12.08: s. 2(2)
Current State: This information relates only to the provision/s amending the
Municipalities Assistance Act 1973
------------------------------------------------------------- 3. Explanatory
Details No entries at date of publication.

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Municipalities Assistance Act 1973 No. 8526 of 1973