South Australian Numbered Acts

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LOCAL GOVERNMENT (FINANCIAL MANAGEMENT AND RATING) AMENDMENT ACT 2005 (NO 60 OF 2005) - SECT 19

19—Amendment of section 153—Declaration of general rate (including differential general rates)

        (1)         Section 153(1)(b)—delete "(unless the council has based its general rates entirely on a fixed charge)"

        (2)         Section 153(3)—delete subsection (3) and substitute:

        (3)         A council must, in declaring a general rate under this section, determine whether it will fix a maximum increase in the general rate to be charged on any rateable land within its area that constitutes the principal place of residence of a principal ratepayer (and a council is, by force of this subsection, authorised to fix such a maximum).

        (4)         For the purposes of subsection (3)—

            (a)         any maximum increase may be set according to such method as the council thinks fit; and

            (b)         the council may fix conditions that may apply in order for a ratepayer to qualify for the benefit of a maximum increase (including that some or all of any increase in the general rate for particular land is not attributable to a change in the valuation of the land due to development (including by virtue of a change in use) that has been undertaken (or occurred) in relation to the land).

        (5)         A council must not—

            (a)         declare a general rate until after it has adopted its annual business plan and its budget for the financial year to which the rate relates; and

            (b)         except in a case involving extraordinary administrative difficulty, declare a general rate for a particular financial year after 31 August in that financial year.



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