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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE ASSEMBLY
(Introduced by Hon. P. G. Pendal, MLA)
Rates and Charges (Rebates and Deferments)
Amendment Bill 2000
A Bill for
An Act to amend the Rates and Charges (Rebates and Deferments)
Act 1992 to permit administrative authorities to allow rebates on
certain amounts payable by way of rates or charges by low income
self-funded retirees and residents of privately-owned retirement
villages.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Rates and Charges (Rebates and
Deferments) Amendment Act 2000.
page 1
152--1
Rates and Charges (Rebates and Deferments) Amendment Bill 2000
s. 2
2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
3. Principal Act
5 In this Act the Rates and Charges (Rebates and Deferments) Act
1992* is referred to as the principal Act.
[* Act No. 31 of 1992.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, p. 210.]
10 4. Section 3 amended
Section 3 (1) of the principal Act is amended --
(a) by inserting in the definition of "eligibility" after
subparagraph (i) of paragraph (a) the following --
"
15 (ia) a seniors health card;
";
(b) by inserting after the definition of "eligibility" the
following --
"
20 "eligible low-income self-funded retiree"
means a person to whom section 23A applies;
";
(c) by inserting in the definition of "eligible person" after
"pensioner" the following --
25 "
, eligible low-income self-funded retiree
";
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Rates and Charges (Rebates and Deferments) Amendment Bill 2000
s. 5
(d) by inserting after the definition "entitlement" the
following --
"
"holder of a seniors health card" has the
5 meaning given to it under --
(a) section 6A of the Social Security Act
1991 of the Commonwealth; or
(b) section 5PB of the Veterans'
Entitlements Act 1986;
10 "; and
(e) by inserting after the definition of "relevant interest"
the following --
"
"seniors health card" means a currently valid
15 card, known by that name, issued on behalf of
the Commonwealth to the holder;
".
5. New section 23A
The principal Act is amended by inserting after section 23 the
20 following --
"
23A. Low-income self-funded retirees eligible
(1) Notwithstanding any other provision of this Act, or any
other written law, any person who is a low-income
25 self-funded retiree is eligible to apply to the
administrative authority to have their entitlements as
regards any land registered if a prescribed charge is
payable on that land, on production to the
administrative authority of a relevant seniors health
30 card.
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Rates and Charges (Rebates and Deferments) Amendment Bill 2000
s. 6
(2) For the purposes of this section --
"
"low income self-funded retiree" means a
person who is the holder of a seniors health
5 card.
".
6. New section 23B
The principal Act is amended by inserting after section 23 the
following --
10 "
23B. Residents of privately-owned retirement villages
eligible
(1) A resident of a privately-owned retirement village who,
in relation to land that is registered and on which a
15 prescribed charge is payable, may apply to the
administrative authority for the purpose of obtaining
any entitlement under this Act.
(2) For the purposes of this Act --
"eligible resident" means a resident who holds a
20 seniors health care card;
"resident", in relation to a retirement village, means a
person who has been admitted to occupation of
residential premises in accordance with a
retirement village scheme and includes a spouse of
25 such a person who --
(a) is residing with that person; or
(b) was residing with that person at the time of
his or her death;
"privately-owned retirement village" means a
30 complex of residential premises, whether or not
including hostel units, and appurtenant land,
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Rates and Charges (Rebates and Deferments) Amendment Bill 2000
s. 6
occupied or intended for occupation under a
retirement village scheme or used or intended to be
used for or in connection with a retirement village
scheme;
5 "retirement village scheme" means a scheme
established for retired persons or predominantly
for retired persons, under which --
(a) residential premises are occupied in
pursuance of a residential tenancy agreement
10 or any other lease or licence;
(b) a right to occupation of residential premises
is conferred by ownership of shares;
(c) residential premises are purchased from the
administering body subject to a right or
15 option of repurchase;
(d) residential premises are purchased subject to
conditions restricting the subsequent disposal
of the premises; or
(e) residential premises are occupied under any
20 other scheme or arrangement prescribed for
the purposes of this definition,
but does not include any such scheme under which no
resident or prospective resident of residential premises
pays a premium in consideration for, or in
25 contemplation of, admission as a resident under the
scheme.
(3) A person who receives a subsidy under the Aged Care
Act 1975 is not eligible to apply under this Act to the
administrative authority for any entitlement regarding
30 any land.
".
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Rates and Charges (Rebates and Deferments) Amendment Bill 2000
s. 7
7. Section 26 amended
Section 26(1) of the principal Act is amended by inserting after
paragraph (d) the following --
"
5 (e) production of a seniors health card issued to
that person as the holder, as sufficient evidence
that the person is a person to whom section 23A
applies.
".
10 8. Section 29 amended
Section 29(1) of the principal Act is amended by inserting after
paragraph (c) the following --
"
(ca) is a resident who participates in a retirement
15 village scheme which confers the right of
occupation;
".
9. Section 32 amended
Section 32(4)(b) of the principal Act is amended by inserting
20 after the word "pensioner" the following --
" or a low-income self-funded retiree ".
10. Section 33 amended
Section 33(1)(b) of the principal Act is amended by inserting
before the word "to" the following --
25 " if that person is an eligible pensioner, ".
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Rates and Charges (Rebates and Deferments) Amendment Bill 2000
s. 11
11. Section 40 amended
Section 40(5)(b) of the principal Act is amended by inserting
after "eligible pensioner" the following --
" or eligible low-income self-funded retiree ".
page 7
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