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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Rates and Charges (Rebates and Deferments)
Amendment Bill 2005
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Section 3 amended 2
5. Section 13 amended 2
6. Section 17 amended 3
7. Section 23 amended 3
8. Section 24 amended 4
9. Section 26 amended 4
10. Section 28 amended 5
11. Sections 29A and 29B inserted 5
12. Section 31 amended 9
13. Section 32 amended 10
14. Section 33 amended 11
15. Section 43 amended 11
16. Transitional 12
035--2 page i
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in committee)
Rates and Charges (Rebates and Deferments)
Amendment Bill 2005
A Bill for
An Act to amend the Rates and Charges (Rebates and Deferments)
Act 1992, and for related purposes.
The Parliament of Western Australia enacts as follows:
1. Short title
This is the Rates and Charges (Rebates and Deferments)
Amendment Act 2005.
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Rates and Charges (Rebates and Deferments) Amendment Bill 2005
s. 2
2. Commencement
(1) Subject to subsections (2) and (3), this Act comes into operation
on the day on which it receives the Royal Assent.
(2) If this Act receives the Royal Assent before or on 1 July 2005,
5 sections 4(2), 11, 14(1) and (2) and 15 come into operation on
1 July 2005.
(3) If this Act receives the Royal Assent after 1 July 2005,
sections 4(2), 11, 14(1) and (2) and 15 are deemed to have come
into operation on 1 July 2005.
10 3. The Act amended
The amendments in this Act are to the Rates and Charges
(Rebates and Deferments) Act 1992*.
[* Reprinted as at 19 May 2000.
For subsequent amendments see Western Australian
15 Legislation Information Tables for 2004, Table 1, p. 379.]
4. Section 3 amended
(1) Section 3(1) is amended after the definition of "prescribed
means test" by inserting the following definition --
"
20 "procedural manual" means the procedural manual
issued under section 9(2);
".
(2) Section 3(1) is amended in the definition of "relevant interest"
by inserting after "29" --
25 " , 29A or 29B ".
5. Section 13 amended
Section 13(1) is amended by deleting "issued under
section 9(2)".
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Rates and Charges (Rebates and Deferments) Amendment Bill 2005
s. 6
6. Section 17 amended
Section 17(2) is amended by deleting "subsection (1)(c)" and
inserting instead --
" subsection (1a) ".
5 7. Section 23 amended
(1) Section 23(1) is amended by deleting "production to the
administrative authority of a relevant pensioner concession
card" and inserting instead --
"
10 sufficient evidence of eligibility being accepted by the
administrative authority under section 26
".
(2) Section 23(2) is amended by deleting "production to the
administrative authority of a State concession card" and
15 inserting instead --
"
sufficient evidence of eligibility being accepted by the
administrative authority under section 26
".
20 (3) Section 23(3) is amended by deleting "production to the
administrative authority of a State concession card" and
inserting instead --
"
sufficient evidence of eligibility being accepted by the
25 administrative authority under section 26
".
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Rates and Charges (Rebates and Deferments) Amendment Bill 2005
s. 8
(4) Section 23(4) is amended as follows:
(a) by inserting after "a person" --
"
who is the holder of both a seniors' card and a
5 Commonwealth seniors health card
";
(b) by deleting "production to the administrative authority
of both a seniors' card and a Commonwealth seniors
health card" and inserting instead --
10 "
sufficient evidence of eligibility being accepted by the
administrative authority under section 26
".
8. Section 24 amended
15 Section 24 is amended after "production to the administrative
authority of proof of the kind prescribed" by inserting --
"
and sufficient evidence of eligibility being accepted by
the administrative authority under section 26
20 ".
9. Section 26 amended
Section 26(1) is amended as follows:
(a) by deleting "or" after paragraph (d);
(b) in paragraph (e) by deleting "applies." and inserting
25 instead --
" applies; or ";
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Rates and Charges (Rebates and Deferments) Amendment Bill 2005
s. 10
(c) after paragraph (e) by inserting --
"
(f) evidence of eligibility in a form specified in the
procedural manual, as sufficient evidence of the
5 eligibility of a person.
".
10. Section 28 amended
Section 28(1)(b) is amended by deleting "issued under
section 9".
10 11. Sections 29A and 29B inserted
After section 29 the following sections are inserted --
"
29A. Relevant interest -- resident of retirement village
(1) In this section --
15 "administering body", in relation to a retirement
village, has the meaning given to that term in the
Retirement Villages Act 1992;
"residence contract" has the meaning given to that
term in the Retirement Villages Act 1992;
20 "resident", in relation to a retirement village, has the
meaning given to that term in the Retirement
Villages Act 1992;
"retirement village" has the meaning given to that
term in the Retirement Villages Act 1992.
25 (2) Where an eligible person who occupies land as a
resident of a retirement village --
(a) has entered into a prescribed charge
arrangement described in subsection (3) in
relation to the land or is taken to have entered
30 into such an arrangement under subsection (5);
and
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Rates and Charges (Rebates and Deferments) Amendment Bill 2005
s. 11
(b) is and remains liable to pay the prescribed
charge as an amount payable under the
prescribed charge arrangement,
that person has an interest in the land which is to be
5 taken to be relevant for the purposes of this Act.
(3) An eligible person enters into a prescribed charge
arrangement for the purposes of this section if the
person enters into a written contract, agreement,
scheme, deed or other written arrangement with the
10 administering body of a retirement village to pay,
either directly or indirectly, a prescribed charge on land
occupied by the person as a resident of the retirement
village.
(4) A prescribed charge arrangement may form part of a
15 residence contract.
(5) An eligible person is taken to have entered into a
prescribed charge arrangement for the purposes of this
section if the eligible person --
(a) was the spouse or de facto partner of a deceased
20 eligible person who had entered into a
prescribed charge arrangement; and
(b) was residing with the deceased eligible person
at the time of his or her death.
29B. Relevant interest -- owner-occupier of caravan or
25 park home
(1) In this section --
"caravan" has the meaning given to that term in the
Caravan Parks and Camping Grounds Act 1995;
"caravan park" has the meaning given to that term in
30 the Caravan Parks and Camping Grounds
Act 1995;
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Rates and Charges (Rebates and Deferments) Amendment Bill 2005
s. 11
"owner", in relation to land, has the meaning given to
that term in the Residential Tenancies Act 1987;
"park home" has the meaning given to that term in the
Caravan Parks and Camping Grounds Act 1995;
5 "residential tenancy agreement" has the meaning
given to that term in the Residential Tenancies
Act 1987;
"site" has the meaning given to that term in the
Caravan Parks and Camping Grounds Act 1995.
10 (2) Where an eligible person who occupies a site on land
in a caravan park --
(a) has entered into a prescribed charge
arrangement described in subsection (3) in
relation to the land or is taken to have entered
15 into such an arrangement under subsection (4);
and
(b) is and remains liable to pay the prescribed
charge as an amount payable under the
prescribed charge arrangement,
20 that person has an interest in the land which is to be
taken to be relevant for the purposes of this Act.
(3) An eligible person enters into a prescribed charge
arrangement for the purposes of this section if the
person enters into a written contract, agreement,
25 scheme, deed or other written arrangement with the
owner of land in a caravan park to pay, either directly
or indirectly, a prescribed charge on the land occupied
by the person as an owner-occupier.
(4) An eligible person is taken to have entered into a
30 prescribed charge arrangement for the purposes of this
section if the eligible person --
(a) was the spouse or de facto partner of a deceased
eligible person who had entered into a
prescribed charge arrangement; and
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Rates and Charges (Rebates and Deferments) Amendment Bill 2005
s. 11
(b) was residing with the deceased eligible person
at the time of his or her death.
(5) An eligible person occupies a site as an owner-occupier
for the purposes of this section if --
5 (a) the eligible person --
(i) is the owner of a caravan or park home
situated on the site in a caravan park;
and
(ii) has, under the terms of a written
10 residential tenancy agreement and from
the date on which an entitlement of that
person is registered, an exclusive right
to occupy that site for a term of 5 years
or longer, or such other term as may be
15 prescribed in place of that term;
or
(b) the eligible person --
(i) is the spouse or de facto partner of an
eligible person referred to in
20 paragraph (a), or was the spouse or
de facto partner of a deceased person
who was an eligible person referred to
in paragraph (a) at the time of his or her
death; and
25 (ii) resides with that person, or was residing
with that deceased person at the time of
his or her death.
".
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Rates and Charges (Rebates and Deferments) Amendment Bill 2005
s. 12
12. Section 31 amended
(1) Section 31(3)(a) is deleted and the following paragraph is
inserted instead --
"
5 (a) where an order --
(i) of a court of summary jurisdiction,
made under the Family Court Act 1997;
(ii) of the Family Court of Western
Australia;
10 (iii) made under the Family Law Act 1975 of
the Commonwealth; or
(iv) made on appeal from a judgment, order
or decision made under the Family
Court Act 1997 or the Family Law
15 Act 1975 of the Commonwealth,
makes provision in relation to a relevant
prescribed charge, in a manner not inconsistent
with that order;
".
20 (2) Section 31(3)(aa) and the "or" following are deleted and the
following is inserted instead --
"
(aa) where --
(i) a financial agreement made under
25 section 90B, 90C or 90D of the Family
Law Act 1975 of the Commonwealth;
(ii) a financial agreement made under
section 205ZN, 205ZO or 205ZP of the
Family Court Act 1997; or
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Rates and Charges (Rebates and Deferments) Amendment Bill 2005
s. 13
(iii) an agreement made under legislation of
another State or a Territory which
provides for agreements with respect to
financial matters in contemplation of,
5 during or after a de facto relationship,
makes provision in relation to a relevant
prescribed charge, in a manner not inconsistent
with that agreement; or
".
10 13. Section 32 amended
(1) Section 32(1)(a) is amended by deleting "the prescribed form"
and inserting instead --
" the form specified in the procedural manual ".
(2) After section 32(1a) the following subsections are inserted --
15 "
(1b) An applicant under subsection (1) may, in the
application, authorise the administrative authority to
whom the application is made to give a copy of the
application to another administrative authority
20 specified in the application.
(1c) If a copy of an application that includes an
authorisation as mentioned in subsection (1b) is given
to an administrative authority in accordance with the
authorisation, the copy is to be taken to be an
25 application under subsection (1) to that administrative
authority for registration of an entitlement as regards
land.
".
(3) Section 32(6) is amended by deleting "issued under section 9".
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Rates and Charges (Rebates and Deferments) Amendment Bill 2005
s. 14
14. Section 33 amended
(1) Section 33(1) is amended by inserting after "on that land" --
"
on the basis that a person holds an estate in fee simple
5 in possession in land or a relevant interest in land of a
kind referred to in section 29,
".
(2) After section 33(1) the following subsection is inserted --
"
10 (1a) Where as regards any land an entitlement is registered
in relation to any kind of prescribed charge on that land
on the basis that a person holds a relevant interest in
land of a kind referred to in section 29A or 29B, the
person whose entitlement it is, subject to this Act, is
15 authorised in relation to a charge of that kind to pay a
rebated amount for the charged period for which that
charge was made and for all subsequent charged
periods until the registration is amended or cancelled
under section 37.
20 ".
(3) Section 33(5) is amended by deleting "issued under that
section".
15. Section 43 amended
(1) Section 43(1) is amended by deleting "subsection (2)" and
25 inserting instead --
" subsections (1a) and (2) ".
(2) After section 43(1) the following subsection is inserted --
"
(1a) In relation to any land, deferment of the payment of a
30 prescribed charge must not be allowed if the
entitlement of the person liable to pay the relevant
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Rates and Charges (Rebates and Deferments) Amendment Bill 2005
s. 16
prescribed charge is as a person who holds a relevant
interest of a kind referred to in section 29A or 29B.
".
16. Transitional
5 If an eligible person who holds a relevant interest in land of a
kind referred to in section 29A or 29B of the Rates and Charges
(Rebates and Deferments) Act 1992 registers an entitlement in
respect of land under section 32 of that Act after 30 June 2005
and before 1 October 2005, section 40 of that Act applies to that
10 person as if the entitlement had been registered at the
commencement of the charged period.
page 12
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