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LOCAL GOVERNMENT ACT 1995 - SECT 6.32

LOCAL GOVERNMENT ACT 1995 - SECT 6.32

6.32 .         Rates and service charges

        (1)         When adopting the annual budget, a local government —

            (a)         in order to make up the budget deficiency, is to impose* a general rate on rateable land within its district, which rate may be imposed either —

                  (i)         uniformly; or

                  (ii)         differentially;

                and

            (b)         may impose* on rateable land within its district —

                  (i)         a specified area rate; or

                  (ii)         a minimum payment;

                and

            (c)         may impose* a service charge on land within its district.

        * Absolute majority required.

        (2)         Where a local government resolves to impose a rate it is required to —

            (a)         set a rate which is expressed as a rate in the dollar of the gross rental value of rateable land within its district to be rated on gross rental value; and

            (b)         set a rate which is expressed as a rate in the dollar of the unimproved value of rateable land within its district to be rated on unimproved value.

        (3)         A local government —

            (a)         may, at any time after the imposition of rates in a financial year, in an emergency, impose* a supplementary general rate or specified area rate for the unexpired portion of the current financial year; and

            (b)         is to, after a court or the State Administrative Tribunal has quashed a general valuation, rate or service charge, impose* a new general rate, specified area rate or service charge.

        * Absolute majority required.

        (4)         Where a court or the State Administrative Tribunal has quashed a general valuation the quashing does not render invalid a rate imposed on the basis of the quashed valuation in respect of any financial year prior to the financial year in which the proceedings which resulted in that quashing were commenced.

        [Section 6.32 amended: No. 55 of 2004 s. 690.]