Victorian Consolidated Legislation

State Concessions Act 2004 - SCHEDULE

Section 13

CONSEQUENTIAL AMENDMENTS TO OTHER ACTS

1. Domestic (Feral and Nuisance) Animals Act 1994



1.1. In section 15(6)(a), for "State Concessions Act 1986" substitute "State
Concessions Act 2004".

2. Duties Act 2000



2.1. In section 58(1)(a), for "State Concessions Act 1986" substitute "State
Concessions Act 2004".

3. Electricity Industry Act 2000



3.1. In section 47(2), after "agreement" insert "and must ensure that the
terms and conditions are consistent with any relevant concession order made
under the State Concessions Act 2004".

4. Gas Industry Act 2001



4.1. In section 49(2), after "agreement" insert "and must ensure that the
terms and conditions are consistent with any relevant concession order made
under the State Concessions Act 2004".

5. Local Government Act 1989



5.1. In section 171(4), for "within the meaning of the State Concessions Act
1986" substitute "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".

5.2. Section 171(4)(a) is repealed.

5.3. In section 171(4)(c), after "period" insert "in respect of the same
rateable land or same part of rateable land".



5.4. In section 171(4)(d)-

   (a)  after "by the Minister" insert "administering the State Concessions
        Act 2004";

   (b)  for "State Concessions Act 1986" substitute "State Concessions Act
        2004".

5.5. In section 171(4)(e), for "Order under paragraph (a)" substitute
"concession order".

5.6. In section 171(4)(f), for "Minister's approval" substitute "approval of
the Minister administering the State Concessions Act 2004".

5.7. For section 171(5) substitute-



"(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.".

6. Municipalities Assistance Act 1973



6.1. For section 2(1) substitute-



"(1) In this Act- domestic partner of a person means 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),
in determining whether persons 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 275(2) of the
Property Law Act 1958 as may be relevant in a particular case.".

6.2. In section 2(3)-

   (a)  paragraph (b) is repealed;

   (b)  after "spouse" (where twice occurring) insert "or domestic partner".

7. Water Act 1989



7.1. After section 283(3D) insert-



"(3E) An Authority, on the application of a person entitled to so apply under
a concession order within the meaning of the State Concessions Act 2004 in
relation to any amount due to it under this Act, must, in accordance with that
concession order, waive all or part of that amount.

(3F) If a concession order within the meaning of the
State Concessions Act 2004 is made, a regulation made for or with respect to
waivers under subsection (3) or an Order made under subsection (3B) must not-

   (a)  be inconsistent with the concession order; or

   (b)  be applied to provide a less advantageous waiver to a person than that
        to which the person is entitled under the concession order.".

7.2. In section 283(4), for "subsection (1), (3) or (3C)" substitute
"subsection (1), (3), (3C) or (3E)".

8. Water Industry Act 1994



8.1. After section 26(2) insert-



"(2A) A licensee, on the application of a person entitled to so apply under a
concession order within the meaning of the State Concessions Act 2004 in
relation to usage charges or service charges under this Act, must, in
accordance with that concession order, remit, excuse or defer the payment of,
the whole or any part of such a usage charge or service charge.

(2B) If a concession order within the meaning of the
State Concessions Act 2004 is made, an Order made under subsection (1) must
not-

   (a)  be inconsistent with the concession order; or

   (b)  be applied to provide a less advantageous remittence, excuse or
        deferment of the payment of the whole or any part of a usage charge or
        service charge under this Act to a person than that to which the
        person is entitled under the concession order.".

8.2. In section 26(3)(a), after "subsection (2)" insert "or (2A)".

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