2006

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Treasurer)

2006

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Treasurer)

An Act to amend the Rates Act 2004

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Rates Amendment Act 2006.

This Act commences on 1 July 2006.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

This Act amends the Rates Act 2004.

under section 14 (Imposition of rates)

(4) Rates are imposed on a unit that is part of a unit subdivision as if a reference to a parcel of land were a reference to the unit.

under section 14

Schedule 1 deals with the imposition of levies and the application of this Act in relation to levies imposed under the schedule.

(1) Fire and emergency services levy of the fixed charge is imposed for a parcel of rateable land that is residential or rural land.

(2) Fire and emergency services levy is imposed for a parcel of rateable land that is commercial land that has an average unimproved value of more than the threshold amount worked out as follows:

((AUV - TA) × P)

(3) In this section:

AUV means the average unimproved value of the parcel.

FC (or fixed charge) means the fixed charge determined under the Taxation Administration Act, section 139 for the parcel.

P means the percentage rate determined under the Taxation Administration Act, section 139 for the parcel.

TA (or threshold amount) means the threshold amount determined under the Taxation Administration Act, section 139 for the parcel.

Note Different fixed charges, amounts, or percentage rates, may be determined for residential, commercial or rural land (see Legislation Act, s 48).

(1) This section applies to the following provisions (the applied provisions):

(a) section 15 (Rates for part of year);

(b) section 16 (Owner to pay rates);

(c) section 17 (When are rates payable?);

(d) section 18 (How may rates be paid?);

(e) section 19 (Payment of rates by instalments);

(f) part 4 (Enforcement);

(g) section 28 (Unit subdivisions);

(h) section 29 (Unit subdivisions—rates);

(i) section 39 (Reassessment—completion of development);

(j) section 40 (Reassessment—noncompletion of development);

(k) part 6 (Exemptions, remissions and certain interest payments);

(l) part 7 (Deferral and rebates) (other than section 63 and section 64);

(m) section 76 (Certificate of rates and other charges);

(n) any other provision prescribed by regulation.

(2) The applied provisions have effect as if—

(a) a reference to rates included a reference to a levy imposed under this schedule; and

(b) any other necessary changes were made; and

(c) any changes prescribed by regulation were made.

(3) Sections 15 to 19, as applied by this section, are subject to part 5 (Unit subdivisions).

A reference to rates in an instrument, other than a statutory instrument under this Act or the Taxation Administration Act, includes a reference to a levy imposed under this schedule.

(1) This section applies to a parcel of land if section 34 (Imposition of rates—qualifying parcels of land) applies to the parcel.

(2) In its application to the imposition of levy to the parcel of land, section 1.1 has effect as if subsections (3) and (4) of this section were substituted for section 1.1 (2) and (3).

(3) The levy imposed for a parcel of land to which schedule 1, section 3.1 applies is worked out as follows:

+

(4) In this section:

AUV means the average unimproved value of the parcel.

CP means the percentage, as determined under section 32, of the intended development that is to be used for commercial purposes.

FC (or fixed charge) means the fixed charge determined under the Taxation Administration Act, section 139 for the parcel.

P means the percentage rate determined under the Taxation Administration Act, section 139 for a parcel of commercial land.

RP means the percentage, as determined under section 32, of the intended development that is to be used for residential purposes.

TA (or threshold amount) means the threshold amount determined under the Taxation Administration Act, section 139 for the parcel.

Note Different fixed charges, amounts, or percentage rates, may be determined for residential, commercial or rural land (see Legislation Act, s 48).

(1) This section applies to an eligible person.

(2) The person is entitled, on application to the commissioner under section 61, to a rebate of the person’s liability for levy for a parcel of land for a year if—

(a) this section applies to the person in the year; and

(b) the parcel is the person’s principal place of residence for all or part of the year.

(3) The amount of rebate is worked out as follows:

(4) Division 7.3 (Rebate of rates) has effect as if it included this section.

the definition of eligible person for pt 7 will apply to this section

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(5) In this section:

D means the number of days in the year when the parcel is the person’s principal place of residence.

levy, for the year, means levy imposed under this schedule for the year, and includes any levy deferred under a deferral determination.

LL means the amount of the person’s liability for levy for the parcel for the year.

Presentation speech made in the Legislative Assembly on 2006.

Notified under the Legislation Act on 2006.

For the latest republication of amended laws, see www.legislation.act.gov.au.