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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Fire Services Property Levy Bill 2012
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
3 Definitions 3
4 Meaning of owner 6
5 Meaning of non-reviewable in relation to certain
determinations or decisions 6
6 Act binds the Crown 7
PART 2--THE FIRE SERVICES PROPERTY LEVY 8
7 What is the fire services property levy? 8
8 Property that is subject to the levy 8
9 Determining the parcel of land owned or occupied for levy
purposes 8
10 Land that is not subject to the levy 10
11 Amount of fixed charge determined by land use classification 11
12 Determination of levy rates 13
13 Levy rates may be based on location and land use classification 15
14 Levy rates based on location of leviable land 15
15 Levy rates based on land use classification of leviable land 15
16 Use of valuations 16
17 Calculating the levy amount payable 16
18 Minister may specify maximum levy amount payable 17
19 Liability to pay levy 17
20 Councils to pay only fixed charge in respect of specified
leviable land 18
PART 3--COLLECTION OF LEVY BY COLLECTION AGENCY 20
Division 1--Appointment, functions and general powers 20
21 Appointment, functions and powers of a collection agency
under this Act 20
22 Further powers of collection agencies 21
23 Authorised officers 21
24 Levy records to be kept by a collection agency 22
571126B.I-29/8/2012 i BILL LA INTRODUCTION 30/8/2012
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Division 2--Levy collection by collection agencies 23
25 Levy assessment notice 23
26 Payment of levy amount 26
27 Deferred payments and waiver in respect of rateable leviable
land 26
28 Deferred payments and waiver in respect of non-rateable
leviable land that is classified residential 28
29 Concessions 29
30 Collection agency must charge levy interest on unpaid levy
amount 31
31 Joint liability to pay levy 33
32 Person acquiring leviable land 33
33 Collection agency may require occupier to pay rent 35
34 Recovery of levy not affected by objection, review or appeal 36
35 Unpaid levy amount 37
36 Refund of amounts overpaid 38
37 Levy amounts and levy interest collected by collection agency
to be kept in dedicated account 39
38 Cancellation of assessment of liability to pay levy amount
made in error 40
39 Revised assessment of liability to pay levy amount 41
Division 3--Collection agency returns and payment of levy to
Commissioner 42
40 Returns to be submitted to the Commissioner 42
41 Payment of collected levy to Commissioner 42
PART 4--COMMISSIONER OVERSIGHT 44
Division 1--Administration of Part 44
42 Administration 44
43 Authorised officers 44
44 Identity cards for authorised officers performing functions
under this Part 44
45 Delegation 44
46 Provision of staff 45
47 Use of consultants and contractors 45
Division 2--Role of, and functions and powers of, Commissioner 45
48 Functions and powers of the Commissioner under this Act 45
49 Commissioner to keep proper accounts 45
50 Levy paid into Consolidated Fund on receipt by Commissioner 46
51 Minister may request the Commissioner to investigate
collection costs of collection agencies 46
571126B.I-29/8/2012 ii BILL LA INTRODUCTION 30/8/2012
Clause Page
52 Commissioner to pay fees to collection agencies following
determination by Minister 46
53 Power of Commissioner under this Part 46
Division 3--Investigative powers 46
54 Power of investigation 46
55 Power of entry, search and inspection 47
56 Search warrant 49
57 Announcement before entry 51
58 Copy of warrant to be given to occupier 51
59 Protection against self-incrimination 52
60 Access to public records without fee 52
Division 4--Miscellaneous provisions 53
61 Means of payment by collection agencies 53
62 Appropriation of Consolidated Fund 53
63 Legal proceedings in Commissioner's name 53
PART 5--SECRECY AND GENERAL PROVISIONS 54
Division 1--Secrecy 54
64 Prohibition on certain disclosures of information by authorised
persons 54
65 Permitted disclosures to particular persons 54
66 Permitted disclosures of a general nature 55
67 Permitted disclosure that may identify a particular person 55
68 Prohibition on secondary disclosure of information 55
69 Further restrictions on disclosure 56
Division 2--General 56
70 Collection agency fees for levy functions determined by
Minister 56
71 Alteration of levy records 57
72 Minister may issue directions 57
73 Delegation by Minister 58
74 Minister may request suspension of Council 58
Division 3--Service 58
Subdivision 1--Service on or by a collection agency 58
75 Service on a collection agency 58
76 Service on a person by a collection agency 59
77 Evidence of service 59
571126B.I-29/8/2012 iii BILL LA INTRODUCTION 30/8/2012
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Subdivision 2--Service on or by the Commissioner 60
78 Service of documents on Commissioner 60
79 Day of service of document or payment of money 60
80 Service of documents by Commissioner 60
81 Service on a person by the Commissioner 61
Division 4--Miscellaneous 62
82 Obstructing collection agency 62
83 Regulations 62
84 Supreme Court--Limitation of jurisdiction 63
PART 6--TRANSITIONAL ARRANGEMENTS 64
Division 1--Review of the insurance industry 64
85 Definitions 64
86 Commission to review premiums of insurance companies
following introduction of levy under this Act 65
87 Conduct of review 66
88 Objectives not to apply 66
89 Powers relating to reviews 66
90 Protection against self-incrimination 67
91 Report 68
Division 2--Amendment of Essential Services Commission Act 2001 69
92 Amendment of section 10--Functions of the Commission 69
93 Amendment of section 38--Restriction on disclosure of
confidential information 69
PART 7--AMENDMENT OF COUNTRY FIRE AUTHORITY
ACT 1958 71
94 Amendment of section 3--Definitions 71
95 Amendment of sections 7 and 10--Constitution and quorum
of Authority 71
96 Amendment of section 75--Annual estimate of expenditure
and revenue 71
97 Amendment of section 76--Amounts of contributions 72
98 Amendment of section 77--Returns of premiums 72
99 Amendment of section 78--Penalties in relation to returns 73
100 Repeal of section 103A 73
101 Repeals 74
102 New section 117 inserted--Transitional--Constitution of the
Authority 74
117 Transitional--Constitution of the Authority 74
571126B.I-29/8/2012 iv BILL LA INTRODUCTION 30/8/2012
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PART 8--AMENDMENT OF METROPOLITAN FIRE
BRIGADES ACT 1958 75
103 Amendment of section 3--Definitions 75
104 Amendment of section 36--Annual estimate of expenditure
and revenue 75
105 Amendment of section 37--Contributions towards annual
expenditure 76
106 Amendment of section 40--Returns of premiums 76
107 Amendment of section 41--Penalties in relation to returns 76
108 Amendment of section 47--Power of Minister in case of
default of Board 77
109 Repeal of section 69A 77
110 Repeals 77
PART 9--AMENDMENT OF VALUATION OF LAND ACT 1960 78
111 Amendment of section 2--Definitions 78
112 Amendment of section 5--Functions of valuer-general 81
113 Amendment of section 6--Participation in general valuations
made by a valuation authority 81
114 Amendment of section 7--Requirement to confer with valuer-
general 81
115 Amendment of section 7AA--Requirement to report on
council general valuation 82
116 Amendment of section 7AB--Return of amended council
general valuation 82
117 Amendment of section 7AC--Assessment of council
general valuation by valuer-general 83
118 Amendment of section 7AE--Order where council general
valuation reported not generally true and correct 83
119 Amendment of section 7AF--Declaration where general
valuation certified true and correct 84
120 Amendment of sections 7AG and 7A--Restriction on payment
of valuers for general valuations 84
121 Amendment of section 7B--Council to provide valuation to
valuer-general 84
122 Amendment of section 7C--Valuer-general to maintain
valuation record 84
123 Amendment of section 8AA--Fees for copy of valuation 85
124 Amendment of section 13DC--Valuations generally 85
125 Amendment of section 13DF--Supplementary valuation 86
126 New Part IIA inserted 86
PART IIA--VALUATIONS FOR FIRE SERVICES
PROPERTY LEVY ACT 2012 86
13E Application of Part 86
13F Where council is valuation authority 86
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13G Where valuer-general is valuation authority 87
13H General valuation to be made every two years 88
13I Minister may direct a general valuation of non-
rateable leviable land 88
13J Council valuations 89
13K Valuations generally 89
13L Supplementary valuation 90
13M Certification of supplementary valuation 95
13N Valuation authority to make supplementary valuation
on behalf of collection agency 96
13O Valuer's powers and duties 96
13P Person may apply for valuation 97
127 Amendment of section 15--Notice of valuation 97
128 Amendment of section 16--Who may object? 98
129 Amendment of section 17--Grounds for objection 98
130 Amendment of section 19--Further limitation on lodging
objections if previous objection lodged 98
PART 10--CONSEQUENTIAL AMENDMENT TO VICTORIAN
MANAGED INSURANCE AUTHORITY ACT 1996 AND
REPEAL 99
Division 1--Consequential amendment 99
131 Amendment of Victorian Managed Insurance Authority
Act 1996 99
Division 2--Repeal 99
132 Repeal 99
PART 11--FURTHER AMENDMENT OF ESSENTIAL
SERVICES COMMISSION ACT 2001 AND RELATED REPEALS 100
133 Repeal of Division 1 of Part 6 100
134 Amendment of section 10--Functions of the Commission 100
135 Amendment of section 38--Restriction on disclosure of
confidential information 100
136 Repeal 100
__________________
SCHEDULE--AVPCC Allocation 101
ENDNOTES 102
571126B.I-29/8/2012 vi BILL LA INTRODUCTION 30/8/2012
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Fire Services Property Levy Bill 2012
A Bill for an Act to impose a fire services property levy on all land in
Victoria unless specifically exempted, to provide for collection
agencies to collect the fire services property levy, to provide for the
Commissioner of State Revenue to receive the fire services property
levy and pay it into the Consolidated Fund, to make consequential
amendments to the Country Fire Authority Act 1958, the Essential
Services Commission Act 2001, the Metropolitan Fire Brigades
Act 1958, the Valuation of Land Act 1960 and the Victorian
Managed Insurance Authority Act 1996 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is to--
(a) impose a fire services property levy on all
5 land in Victoria, unless specifically
exempted, to fund the Metropolitan Fire and
571126B.I-29/8/2012 1 BILL LA INTRODUCTION 30/8/2012
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Part 1--Preliminary
s. 2
Emergency Services Board and the Country
Fire Authority; and
(b) provide for the appointment of each Council
as a collection agency in respect of its
5 municipal district; and
(c) enable the Minister to direct a Council to be
a collection agency in respect of land not
located in its municipal district; and
(d) enable a collection agency to collect the fire
10 services property levy; and
(e) to provide for the Commissioner of State
Revenue--
(i) to receive the fire services property
levy collected by collection agencies
15 and pay it into the Consolidated Fund;
and
(ii) to generally monitor the performance of
collection agencies; and
(f) empower the Essential Services Commission
20 to review the movement in the cost of
insurance premiums following the enactment
of the Act; and
(g) make consequential amendments to the
Country Fire Authority Act 1958, the
25 Essential Services Commission Act 2001,
the Metropolitan Fire Brigades Act 1958,
the Valuation of Land Act 1960 and the
Victorian Managed Insurance Authority
Act 1996.
30 2 Commencement
(1) This Act (other than sections 94, 95, 97, 100, 101,
102, 103, 105, 108, 109 and 110 and Parts 10
and 11) comes into operation on the day after the
day on which this Act receives the Royal Assent.
571126B.I-29/8/2012 2 BILL LA INTRODUCTION 30/8/2012
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Part 1--Preliminary
s. 3
(2) Sections 97(3) and 105(2) come into operation on
31 December 2012.
(3) Sections 95, 97(1), 97(2), 102, 105(1) and 108 and
Part 10 come into operation on 1 July 2013.
5 (4) Subject to subsection (5), sections 94, 100, 101(1),
103, 109 and 110(1) come into operation on a day
or days to be proclaimed.
(5) If a provision referred to in subsection (4) does
not come into operation before 1 July 2014, it
10 comes into operation on that day.
(6) Subject to subsection (7), sections 101(2) and
110(2) come into operation on a day or days to be
proclaimed.
(7) If a provision referred to in subsection (6) does
15 not come into operation before 1 July 2015, it
comes into operation on that day.
(8) Part 11 comes into operation on 31 December
2016.
3 Definitions
20 In this Act--
authorised person means--
(a) an authorised officer within the
meaning of section 23;
(b) an authorised officer within the
25 meaning of section 43;
(c) any other person engaged (whether as
an officer or employee or otherwise) in
the administration of this Act;
AVPCC means an Australian Valuation Property
30 Classification Code based on the Valuation
Best Practice Specifications Guidelines;
571126B.I-29/8/2012 3 BILL LA INTRODUCTION 30/8/2012
Fire Services Property Levy Bill 2012
Part 1--Preliminary
s. 3
capital improved value has the same meaning as it
has in section 2(1) of the Valuation of Land
Act 1960;
CFA means the Country Fire Authority
5 established under the Country Fire
Authority Act 1958;
collection agency means a Council--
(a) appointed to collect levy in respect of
leviable land in its municipal district
10 including leviable land owned by the
Council;
(b) directed by the Minister to be the
collection agency in respect of non-
rateable leviable land outside the
15 municipal district of the Council;
Commissioner means the Commissioner of State
Revenue under the Taxation
Administration Act 1997;
Council has the same meaning as it has in
20 section 3(1) of the Local Government Act
1989;
country area of Victoria means that part of
Victoria which lies outside the metropolitan
fire district;
25 fixed charge means the part of the levy amount
that is fixed in accordance with section 11;
leviable land means land specified in section 8;
levy means the levy payable in respect of leviable
land in accordance with Part 2 and is
30 comprised of--
(a) the levy amount; and
(b) any levy interest that may be payable in
respect of an unpaid levy amount;
571126B.I-29/8/2012 4 BILL LA INTRODUCTION 30/8/2012
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Part 1--Preliminary
s. 3
levy amount means the amount of levy payable by
an owner, unless section 20 applies,
calculated in accordance with section 17;
levy interest means interest payable on unpaid
5 levy amounts by an owner;
levy rate means levy rate determined by the
Minister under Part 2;
levy records means the records maintained by a
collection agency under section 24;
10 levy year means 1 July to 30 June;
MFB means the Metropolitan Fire and
Emergency Services Board established under
the Metropolitan Fire Brigades Act 1958;
metropolitan fire district means metropolitan fire
15 district within the meaning of section 4 of
the Metropolitan Fire Brigades Act 1958;
municipal district has the same meaning as it has
in section 3(1) of the Local Government
Act 1989;
20 non-rateable leviable land means leviable land--
(a) that is located in a municipal district
but is not rateable land;
(b) that is not located in a municipal
district;
25 non-reviewable decision has the meaning given
by section 5;
owner has the meaning given by section 4;
public body has the meaning given by
section 10(2);
30 rateable land has the same meaning as it has in
section 3(1) of the Local Government Act
1989;
571126B.I-29/8/2012 5 BILL LA INTRODUCTION 30/8/2012
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Part 1--Preliminary
s. 4
valuation authority has the same meaning as it
has in section 2(1) of the Valuation of Land
Act 1960;
Valuation Best Practice Specifications
5 Guidelines has the same meaning as it has in
section 2(1) of the Valuation of Land Act
1960;
valuer-general means the valuer-general within
the meaning of the Valuation of Land Act
10 1960.
4 Meaning of owner
(1) For the purposes of this Act, an owner, in relation
to land, means--
(a) a person entitled to a parcel of land for a
15 freehold estate in possession;
(b) a person entitled to a parcel of land under a
lease of Crown land;
(c) a person entitled to a parcel of land under a
licence of Crown land if the person has a
20 right, absolute or conditional, of acquiring
the fee simple.
(2) Subsection (1)(b) does not apply to a person
entitled to land under a sublease of Crown land.
5 Meaning of non-reviewable in relation to certain
25 determinations or decisions
If a provision of this Act provides that a
determination or decision is a non-reviewable
decision no court or administrative review body
has jurisdiction or power to entertain any question
30 as to the validity or correctness of the
determination or decision.
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Part 1--Preliminary
s. 6
6 Act binds the Crown
(1) This Act binds the Crown in right of Victoria and,
so far as the legislative power of the Parliament
permits, the Crown in all other capacities.
5 (2) Nothing in this Act makes the Crown in any of its
capacities liable to be prosecuted for an offence.
__________________
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Fire Services Property Levy Bill 2012
Part 2--The Fire Services Property Levy
s. 7
PART 2--THE FIRE SERVICES PROPERTY LEVY
7 What is the fire services property levy?
The fire services property levy is a levy that is--
(a) an annual charge payable by the owner of
5 leviable land;
(b) unless section 20 applies, calculated in
accordance with section 17.
8 Property that is subject to the levy
(1) The levy is assessable against any parcel of land
10 subject to separate ownership or occupation in
accordance with section 9.
(2) Land specified in subsection (1) is leviable land.
9 Determining the parcel of land owned or occupied
for levy purposes
15 (1) The ownership or occupation of a parcel of land
for the purposes of valuation and the assessment
of levy under this Act must be determined in
accordance with this section.
(2) Several parcels of land must be regarded as
20 together forming leviable land and levied
accordingly if the parcels of land--
(a) are in the same--
(i) muncipal district; or
(ii) area that is not located in a municipal
25 district; and
(b) are occupied by the same person; and
(c) are separated from each other only by a road
or railway or other similar area across or
around which movement is reasonably
30 possible.
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Part 2--The Fire Services Property Levy
s. 9
(3) If any person is liable to be levied in respect of
2 or more unoccupied parcels of land in the same
municipal district or in an area not located in a
municipal district and the parcels form one
5 continuous area, the parcels must be regarded as
together forming leviable land and levied
accordingly.
(4) If a portion of a parcel of land on which a building
is erected is occupied separately, or is obviously
10 adapted to being occupied separately, from other
land in the parcel, that portion must be regarded as
forming separate leviable land and must be levied
accordingly.
(5) If any portion of a parcel or parcels of land
15 forming leviable land for the purposes of a levy
rate or of a rate to be levied by any other
collection agency using the valuation is subject--
(a) to a rate levied in respect of that portion
only; or
20 (b) to a differential rate which differs from the
rate levied in respect of the remainder of that
parcel or those parcels--
the value of the land must be apportioned so as to
show separately the value of the portion.
25 (6) If land comprising one undertaking extends
continuously beyond the boundaries of any
municipal district, for the purposes of any levy--
(a) the value of so much of the land as is within
any one municipal district, must be assessed
30 as part of the value of the whole of the land;
(b) the fixed charge part of the levy must be
apportioned according to the portion of the
land within the boundary of a municipal
district.
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Part 2--The Fire Services Property Levy
s. 10
10 Land that is not subject to the levy
(1) The following land is not land in respect of which
the levy is payable--
(a) state owned land including--
5 (i) land of the Crown; or
(ii) land of a public body--
except where that land is leased or licensed
to any person;
(b) Commonwealth land;
10 (c) any parcel of land that has been allocated an
exempt land use classification;
(d) any other land exempted by the regulations.
(2) In this section--
controlled has the same meaning as it has in the
15 Australian Accounting Standards as issued
by the Australian Accounting Standards
Board;
public body means--
(a) a controlled entity of the State which is
20 classified as a General Government
sector entity as defined and listed in the
Annual Financial Report for the State
of Victoria; or
(b) a body (other than a body specified in
25 paragraph (a)), office or trust--
(i) established by or under an Act or
enactment; or
571126B.I-29/8/2012 10 BILL LA INTRODUCTION 30/8/2012
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Part 2--The Fire Services Property Levy
s. 11
(ii) established by the Governor in
Council or Minister--
declared by the Minister, by notice
published in the Government Gazette,
5 to be a public body for the purposes of
this section.
11 Amount of fixed charge determined by land use
classification
(1) The fixed charge part of the levy, payable in
10 respect of leviable land, is--
(a) based on the land use classification of that
leviable land as specified in subsection (2);
and
(b) to be adjusted for each levy year
15 commencing on or after 1 July 2014 in
accordance with subsection (3).
Note
The manner of determining the land use classification for a parcel
of land that is leviable land is specified in section 15.
20 (2) The fixed charge payable in respect of--
(a) residential land is $100.00;
(b) commercial land is $200.00;
(c) industrial land is $200.00;
(d) primary production land is $200.00;
25 (e) public benefit land is $200.00;
(f) vacant land (excluding vacant residential
land) is $200.00.
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Part 2--The Fire Services Property Levy
s. 11
(3) The CPI adjusted fixed charge for a levy year
commencing on or after 1 July 2014 is to be
determined in accordance with the following
formula--
L×A
C =
5 B
where--
C is the CPI adjusted fixed charge being
determined, rounded down to the nearest
2 decimal places;
10 L is the amount of the fixed charge for the
previous levy year;
A is the sum of the consumer price index
numbers for the 4 consecutive quarters of
March, June, September and December, with
15 the March and June quarters being the March
and June quarters of the previous levy year
(levy year before the levy year in which
31 May falls);
B is the sum of the consumer price index
20 numbers for the 4 consecutive quarters of
March, June, September and December, with
the March and June quarters being the March
and June quarters of the levy year that is
2 years before the levy year (2 years before
25 the levy year in which 31 May falls).
(4) The CPI adjusted fixed charge determined under
subsection (3) is to be rounded up or down to the
nearest $1 (and, if the amount by which the fixed
charge is to be rounded is 50 cents, is to be
30 rounded up).
(5) The Minister must publish the CPI adjusted fixed
charge for a levy year on an appropriate website
on or before 31 May in the previous year.
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Part 2--The Fire Services Property Levy
s. 12
(6) In this section--
consumer price index means the Consumer Price
Index (All Groups Index) for Melbourne
issued by the Australian Statistician (or, if
5 the regulations prescribe another economic
index for the purposes of this section, that
other index).
12 Determination of levy rates
(1) On or before 31 May each year, the Minister may
10 determine and specify, by notice published in the
Government Gazette, the levy rates for the next
levy year.
(2) In determining the levy rates under subsection (1),
the Minister must have regard to--
15 (a) in the case of the levy rates for the
2013-2014 levy year--
(i) the annual funding requirements of the
MFB, for which the State will
contribute 12·5% and the levy will fund
20 87·5%, as determined under section 37
of the Metropolitan Fire Brigades Act
1958; and
(ii) the annual funding requirements of the
CFA, for which the State will
25 contribute 22·5% and the levy will fund
77·5%, as determined under section 76
of the Country Fire Authority Act
1958; and
(iii) any transitional costs associated with
30 the introduction of the levy; and
(iv) the administrative costs of collection
agencies in performing functions under
this Act; and
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Part 2--The Fire Services Property Levy
s. 12
(v) any other matter the Minister considers
is relevant to the proper determination
of the levy rates;
(b) in the case of the levy rates for each levy
5 year subsequent to the 2013-2014 levy
year--
(i) the funding requirements of the MFB
and CFA in the levy year in which a
determination under subsection (1) is to
10 be made and any likely changes to the
funding requirements of the MFB and
CFA in the following levy year; and
(ii) any surplus financial assets for the
MFB and CFA; and
15 (iii) any shortfall in the collection of the
levy; and
(iv) the administrative costs of collection
agencies in performing functions under
this Act; and
20 (v) any other matter the Minister considers
is relevant to the proper determination
of the levy rates.
(3) For the purposes of subsections (2)(a)(iv) and
(2)(b)(iv), the Minister may consult persons who
25 the Minister reasonably believes represent the
interests of a collection agency in the performance
of the functions of a collection agency under this
Act.
(4) Subject to subsection (2), a determination of the
30 Minister under this section is in his or her absolute
discretion.
(5) A determination made by the Minister under this
section is a non-reviewable decision.
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Part 2--The Fire Services Property Levy
s. 13
13 Levy rates may be based on location and land use
classification
The Minister may determine different levy rates
under section 12 based on--
5 (a) the location of the leviable land as specified
in section 14; and
(b) the land use classification of leviable land as
specified in section 15.
14 Levy rates based on location of leviable land
10 (1) The Minister may determine different levy rates
based on whether leviable land is located in the
metropolitan fire district or in the country area of
Victoria.
(2) If the Minister does not determine and specify a
15 levy rate based on location by 31 May for the next
levy year, the levy rate for the next levy year is
the most recent levy rate based on location set by
the Minister.
15 Levy rates based on land use classification of
20 leviable land
(1) The following land use classifications are
specified for the purpose of the Minister
determining different levy rates based on the land
use classification of leviable land--
25 (a) residential;
(b) commercial;
(c) industrial;
(d) primary production;
(e) public benefit;
30 (f) vacant land (excluding vacant residential
land).
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Part 2--The Fire Services Property Levy
s. 16
(2) Levy is not payable in respect of land that has
been given an exempt land use classification.
(3) Land is taken to be used for one of the purposes
referred to in subsection (1) or (2) based on the
5 AVPCC allocated to a parcel of land by the
valuation authority under the Valuation of Land
Act 1960.
(4) A parcel of land is taken to have the land use
classification specified in the Schedule based on
10 the AVPCC allocated to that parcel of land under
subsection (3).
(5) The land use classification determined under
subsection (4) and specified in the Schedule is a
non-reviewable decision.
15 16 Use of valuations
For the purposes of calculating the capital
improved value of leviable land, valuations made
under the Valuation of Land Act 1960 in respect
of rateable and non-rateable leviable land by a
20 valuation authority must be used.
17 Calculating the levy amount payable
Subject to section 18, the levy amount payable by
an owner of leviable land is to be determined in
accordance with the formula--
25 LA = FC + (LR × CIV)
where--
LA is the levy amount;
FC means the fixed charge that applies to the
leviable land specified in section 11(2) as
30 adjusted under section 11(3);
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Part 2--The Fire Services Property Levy
s. 18
LR is the levy rate determined by the Minister
under section 12 that applies to the leviable
land;
CIV means the capital improved value of the
5 leviable land.
18 Minister may specify maximum levy amount
payable
(1) The Minister may specify by notice published in
the Government Gazette the maximum levy
10 amount payable in respect of leviable land.
(2) The maximum levy amount payable specified by
the Minister under subsection (1) may vary based
on the land use classification of the leviable land.
19 Liability to pay levy
15 (1) Subject to section 20, the owner of leviable land is
liable to pay the levy amount and levy interest on
that land.
(2) For the purposes of this Act and Parts II and IIA
of the Valuation of Land Act 1960 a caravan
20 park is a single parcel of leviable land in respect
of which the caravan park owner is taken to be the
single occupier and is liable to pay the levy.
(3) A person who has a licence to pasture any animals
on Crown land under the Forests Act 1958, the
25 Land Act 1958 or the Water Act 1989, is taken
to be the owner of the land and is liable to pay the
levy on that land as if it is leviable land.
(4) A person who has or should have a licence under
the Land Act 1958 in respect of unused roads or
30 water frontages is taken to be the owner of the
land and is liable to pay the levy on that land as if
it is leviable land.
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Part 2--The Fire Services Property Levy
s. 20
(5) A person who is a licensee of vested land under
Part 3A of the Victorian Plantations
Corporation Act 1993 is taken to be the owner of
the land and is liable to pay the levy on that land
5 as if it is leviable land.
(6) A levy amount or levy interest payable in relation
to leviable land that is unpaid and any costs
awarded to a collection agency by a court or in
any proceedings in relation to a levy amount or
10 levy interest are a first charge on that land.
Note
Amounts referred to in subsection (6) are an equal first
charge on land together with any rates or charges and any
costs awarded to a Council by a court--see section 156(6)
15 of the Local Government Act 1989.
20 Councils to pay only fixed charge in respect of
specified leviable land
(1) This section applies to leviable land that--
(a) is vested in, occupied by or under the care,
20 control and management of a Council; and
(b) is not used for commercial or business
purposes; and
(c) is taken to have a public benefit land use
classification in accordance with section 15
25 and is allocated any of the following
AVPCC--
(i) 750-752;
(ii) 821;
(iii) 824;
30 (iv) 829;
(v) 832;
(vi) 835-837;
(vii) 842;
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Part 2--The Fire Services Property Levy
s. 20
(viii) 844-845;
(ix) 900-973;
(x) 990-991.
Note
5 An AVPCC that has a decimal place is to be treated as
a whole number rounded down to the nearest whole
number.
(2) A Council is liable to pay only the relevant fixed
charge specified in section 11(2) in respect of
10 leviable land to which this section applies.
(3) For the avoidance of doubt, a Council is not liable
to pay the levy amount calculated in accordance
with section 17 in respect of leviable land to
which this section applies.
15 (4) In this section, land used for commercial or
business purposes includes land used--
(a) by golf clubs; or
(b) for race-courses.
__________________
571126B.I-29/8/2012 19 BILL LA INTRODUCTION 30/8/2012
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Part 3--Collection of Levy by Collection Agency
s. 21
PART 3--COLLECTION OF LEVY BY COLLECTION
AGENCY
Division 1--Appointment, functions and general powers
21 Appointment, functions and powers of a collection
5 agency under this Act
(1) For the purposes of this Act each Council is
appointed as a collection agency in respect of land
in its municipal district including in respect of
land owned by the Council in its municipal
10 district.
(2) The Minister may, in writing, direct a Council to
be a collection agency in respect of non-rateable
leviable land that is not located within the
boundaries of a municipal district.
15 (3) A collection agency appointed under subsection
(1) has the following functions under this Act--
(a) to assess the amount of levy payable in a
levy year by an owner of leviable land in the
municipal district of the collection agency;
20 (b) to collect the levy payable in respect of
leviable land in the municipal district of the
collection agency;
(c) to keep records of a kind specified in section
24(1)(a)(i) in respect of leviable land in its
25 municipal district;
(d) any other function conferred on a collection
agency by or under this Act.
(4) A Council that has been directed to be a collection
agency in respect of non-rateable leviable land
30 that is not located within the boundaries of its
municipal district under subsection (2) has the
following functions--
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Part 3--Collection of Levy by Collection Agency
s. 22
(a) to assess the amount of levy payable in a
levy year by an owner of the non-rateable
leviable land;
(b) to collect the levy payable in respect of the
5 non-rateable leviable land;
(c) to keep records of a kind specified in section
24(1)(a)(ii) in respect of the non-rateable
leviable land;
(d) any other function conferred on a collection
10 agency by or under this Act.
(5) Without limiting the powers of a Council under
the Local Government Act 1989, a Council
appointed as, or directed to be, a collection agency
has power to do all things necessary or convenient
15 to be done for or in connection with the
performance of its functions under this Act.
22 Further powers of collection agencies
A collection agency may exercise powers under
the following sections of the Local Government
20 Act 1989, with any such modifications as are
necessary, in order to perform its functions and
duties under this Act as if the collection agency
were acting in its role as a Council under the
Local Government Act 1989--
25 (a) section 229 of the Local Government Act
1989 (land information certificate);
(b) section 232 of the Local Government Act
1989 (proceedings).
23 Authorised officers
30 A person who is appointed as an authorised
officer under the Local Government Act 1989 is
an authorised officer for the purposes of this Act
(except in Part 4 of this Act).
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Part 3--Collection of Levy by Collection Agency
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24 Levy records to be kept by a collection agency
(1) A collection agency must keep records (levy
records) of the following information for the
purposes of section 21(3) and (4)--
5 (a) a brief description of leviable land that is--
(i) in the municipal district of the
collection agency and subject to a
separate assessment of levy;
(ii) if the collection agency has been
10 directed by the Minister to collect levy
in respect of leviable land not located in
its municipal district that is subject to a
separate assessment of levy--that
non-rateable leviable land;
15 (b) the capital improved value for the time being
determined or adopted by the valuation
authority for land specified in paragraph (a);
(c) the land use classification for land specified
in paragraph (a);
20 (d) the AVPCC allocated to land specified in
paragraph (a);
(e) the names and addresses of owners of land
specified in paragraph (a);
(f) any prescribed information.
25 (2) The levy records to be kept by a collection agency
under this section--
(a) must be current;
(b) must be made available--
(i) to a permitted person on request; or
30 (ii) at the request of a person acting on
behalf of a permitted person;
(c) must be recorded accurately;
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Part 3--Collection of Levy by Collection Agency
s. 25
(d) may be organised in parts and stored in
different locations and responsibility for the
maintenance of each part may be allocated to
different persons.
5 (3) A collection agency may alter levy records kept
under this section at any time in order to keep the
records current.
(4) In this section, permitted person means--
(a) the collection agency keeping the records;
10 (b) the owner of leviable land, in respect of the
records kept on the land owned by that
person;
(c) the Commissioner;
(d) a prescribed person.
15 Division 2--Levy collection by collection agencies
25 Levy assessment notice
(1) The collection agency must give a written notice
(the assessment notice) to--
(a) the owner of any leviable land in respect of
20 which a levy has been assessed as being
payable (except if the owner of the leviable
land is the collection agency in its capacity
as a Council); or
(b) if the owner has made a written request that
25 specifies a person in respect of whom the
assessment notice should be sent--the
person specified in the written request (the
specified person).
Note
30 A collection agency is required to submit a return to the
Commissioner--see section 40.
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Part 3--Collection of Levy by Collection Agency
s. 25
(2) The assessment notice must specify--
(a) the date of the notice;
(b) the name and address of the owner of the
leviable land and, if applicable, the specified
5 person;
(c) the levy amount due including--
(i) the fixed charge and the amount
derived from multiplying the levy rate
with the capital improved value; and
10 (ii) how that amount is calculated;
(d) the levy rate;
(e) the land use classification;
(f) the address or a legal description of the
leviable land;
15 (g) the capital improved value of the leviable
land;
(h) the date by which the levy amount must be
paid;
(i) any outstanding levy amount and any levy
20 interest that may be due in respect of an
outstanding levy amount payable in respect
of the leviable land;
(j) that, if the leviable land is rateable land, the
owner may apply for a waiver, deferral or
25 concession in respect of the levy amount in
accordance with section 27;
(k) that, if the leviable land is classified
residential for land use classification
purposes but is not rateable land, the owner
30 may apply for a waiver, deferral or
concession in respect of the levy amount in
accordance with section 28;
(l) any prescribed matters.
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Part 3--Collection of Levy by Collection Agency
s. 25
(3) An assessment notice must be given to the owner,
or the specified person, at least 14 days before the
payment of the levy amount is due.
(4) The details of an assessment notice required to be
5 specified under subsection (2) must--
(a) if the notice is in respect of leviable land
other than non-rateable leviable land--be
specified on the notice of the general rates,
municipal charges, service rates and service
10 charges under section 158 of the Local
Government Act 1989 sent by the collection
agency to an owner or specified person, in its
capacity as a Council;
(b) if the notice is in respect of non-rateable
15 leviable land--by providing a separate notice
or as part of any other notice a collection
agency may send to an owner or specified
person.
(5) Despite anything to the contrary in the Local
20 Government Act 1989, if an amount (being an
amount less than the instalment amount or lump
sum amount payable) is paid in respect of rateable
leviable land in accordance with a notice given
under subsection (4)(a), that amount must be
25 divided proportionally towards the payment of the
rates or charges owed under Part 8 of the Local
Government Act 1989 and the levy owed under
this Act.
(6) If subsection (5) applies, after the part payment of
30 the instalment or lump sum has been divided as
provided in that subsection, the collection agency
must transfer to the Commissioner, in accordance
with section 41, the amount of the payment that
has been assigned to payment of the levy.
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Part 3--Collection of Levy by Collection Agency
s. 26
26 Payment of levy amount
(1) A collection agency must allow a person to pay a
levy amount in 4 instalments.
(2) An instalment is due and payable on the same date
5 fixed by the Minister administering the Local
Government Act 1989, by notice published in the
Government Gazette, under section 167(2) of that
Act for payment of a rate or charge under that Act.
(3) A collection agency may allow a person to pay a
10 levy amount in a lump sum.
(4) If allowed, a lump sum payment of a levy amount
is due and payable on the same date fixed by the
Minister administering the Local Government
Act 1989, by notice published in the Government
15 Gazette, under section 167(2B) of that Act for
payment of a lump sum payment of general rates,
municipal charges, service rates or services
charges.
27 Deferred payments and waiver in respect of rateable
20 leviable land
(1) Sections 170, 171 and 171A of the Local
Government Act 1989 apply to a collection
agency for the purposes of the payment of levy in
respect of rateable leviable land in the municipal
25 district of the collection agency subject to the
modifications specified in this section.
(2) Section 170 of the Local Government Act 1989
applies as if--
(a) for "Council" there were substituted
30 "collection agency";
(b) for "rate or charge" there were substituted
"levy amount".
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Part 3--Collection of Levy by Collection Agency
s. 27
(3) Section 170(3) of the Local Government Act
1989 applies as if for paragraphs (a) and (b) there
were substituted--
"(a) require that person to pay the whole or part
5 of any deferred levy amount within 14 days
from the date of the notice if--
(i) it considers that the person's
circumstances have so changed that the
payment would no longer cause
10 hardship to the person; or
(ii) the person no longer owns or occupies
the land in relation to which the levy
amount was levied; and
(b) require the payment of levy interest for the
15 late payment of the levy amount from the
date the collection agency retracts the
deferral of payment of the levy amount.".
(4) Sections 171 and 171A of the Local Government
Act 1989 apply as if--
20 (a) for "Council" there were substituted
"collection agency";
(b) for "rate or charge" there were substituted
"levy amount";
(c) for "rates or charges" there were substituted
25 "levy amount";
(d) for "rates, charges" there were substituted
"levy amount";
(e) for "interest" there were substituted "levy
interest".
30 (5) A collection agency may only defer or waive the
whole or part of a levy payment under this section
if the collection agency has waived the whole or
part of any rate or charge or interest under
sections 170, 171 and 171A of the Local
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Part 3--Collection of Levy by Collection Agency
s. 28
Government Act 1989 in its capacity as a
Council in respect of the same land.
28 Deferred payments and waiver in respect of non-
rateable leviable land that is classified residential
5 (1) Subject to the modifications specified in this
section, sections 170, 171 and 171A of the Local
Government Act 1989 apply to a Council
directed to be a collection agency under
section 21(2) for the purposes of the payment of
10 levy in respect of non-rateable leviable land that is
classified residential for land use classification
purposes.
(2) Section 170 of the Local Government Act 1989
applies as if--
15 (a) for "Council" there were substituted
"collection agency";
(b) for "rate or charge" there were substituted
"levy amount".
(3) Section 170(3) of the Local Government Act
20 1989 applies as if for paragraphs (a) and (b) there
were substituted--
"(a) require that person to pay the whole or part
of any deferred levy amount within 14 days
from the date of the notice if--
25 (i) it considers that the person's
circumstances have so changed that the
payment would no longer cause
hardship to the person; or
(ii) the person no longer owns or occupies
30 the land in relation to which the levy
amount was levied; and
(b) require the payment of levy interest for the
late payment of the levy amount from the
date the collection agency retracts the
35 deferral of payment of the levy amount.".
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Part 3--Collection of Levy by Collection Agency
s. 29
(4) Sections 171 and 171A of the Local
Government Act 1989 apply as if--
(a) for "Council" there were substituted
"collection agency";
5 (b) for "rate or charge" there were substituted
"levy amount";
(c) for "rates or charges" there were substituted
"levy amount";
(d) for "rates, charges" there were substituted
10 "levy amount";
(e) for "interest" there were substituted "levy
interest".
29 Concessions
(1) Subject to subsection (2), an owner of leviable
15 land who holds a concession card is entitled to
receive a discount of $50.00 off the total levy
amount due in respect of leviable land which is
used exclusively for residential purposes by the
owner and is the owner's sole or principal place of
20 residence.
(2) The amount of the discount specified in
subsection (1) does not increase if 2 or more
owners of a parcel of leviable land each hold a
concession card.
25 (3) For the avoidance of doubt, an owner who is
entitled to a discount under subsection (1) is only
entitled to the discount in respect of one
assessable parcel of land and that land must be the
owner's principal place of residence.
30 (4) For the purposes of this section, land is not taken
to be occupied as a principal place of residence
unless there is a building affixed to the land
(including a home unit) that--
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Part 3--Collection of Levy by Collection Agency
s. 29
(a) is designed and constructed primarily for
residential purposes; and
(b) may lawfully be used as a place of residence.
(5) If land with a land use classification of primary
5 production has a building affixed to it that--
(a) is designed and constructed primarily for
residential purposes; and
(b) is occupied by the owner as the owner's sole
or principal place of residence--
10 the land in respect of which the building is affixed
is taken to be used as the owner's principal place
of residence.
(6) In determining whether land is used or occupied
as the principal place of residence of a person,
15 account must be taken of every place of residence
of the person, whether in Victoria or elsewhere.
(7) For the purposes of this section, if land on which
home units are situated is owned by a body
corporate, the land is deemed to be owned by the
20 shareholders of the body corporate who are
entitled to exclusive occupancy of the home units.
(8) In this section, concession card means--
(a) a pensioner concession card issued under
section 1061ZF of the Social Security Act
25 1991 of the Commonwealth; or
(b) a Gold Card, being a card issued to--
(i) a person who is eligible for treatment
under Part V of the Veterans'
Entitlements Act 1986 of the
30 Commonwealth;
(ii) a person who is eligible to receive a
pension under section 13(1) of the
Veterans' Entitlements Act 1986 of the
Commonwealth as the widow or
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Part 3--Collection of Levy by Collection Agency
s. 30
widower of a veteran within the
meaning of that Act;
(iii) a partner of a deceased member or
former member within the meaning of
5 the Military Rehabilitation and
Compensation Act 2004 of the
Commonwealth who has been
compensated under section 234(1)(b) of
that Act;
10 (iv) a member or former member within the
meaning of the Military Rehabilitation
and Compensation Act 2004 of the
Commonwealth who is eligible for, in
receipt of, or has at any time received
15 Special Rate Disability Pension under
that Act.
30 Collection agency must charge levy interest on
unpaid levy amount
(1) A collection agency must require a person to pay
20 levy interest on any levy amount--
(a) which that person is liable to pay; and
(b) which has not been paid by the date specified
under section 26 for payment; and
(c) if the leviable land is rateable land, the
25 person is required to pay interest on rates
that are payable in respect of that land.
(2) The levy interest--
(a) is to be calculated at the rate fixed under
section 2 of the Penalty Interest Rates Act
30 1983 that applied on the first day of July
immediately before the due date for the
payment; and
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Part 3--Collection of Levy by Collection Agency
s. 30
(b) becomes payable--
(i) if the payment was payable in
instalments only, on and from the date
on which the missed instalment was
5 due; or
(ii) if the payment was payable either in
instalments or in a lump sum and the
first instalment was paid by the date it
was due, on and from the date on which
10 the relevant subsequent missed
instalment was due; or
(iii) if the payment was payable either in
instalments or in a lump sum, and
neither the first instalment nor the lump
15 sum were paid by the dates the first
instalment or the lump sum were due,
on and from the date on which each
missed instalment of levy became due;
and
20 (c) continues to be payable until the payment or
recovery of the levy.
(3) If a collection agency obtains a court order
requiring the payment of the levy amount payable,
levy interest continues to accrue under this section
25 until the payment or recovery of the levy amount.
(4) A collection agency may waive levy interest
accrued under subsection (3).
(5) A collection agency may--
(a) if the land is leviable land that is rateable
30 land, exempt any person from paying the
whole or part of any levy interest generally
or specifically if the collection agency is also
exempting the person from paying the whole
or part any interest owed in respect of rates
35 on that land;
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Part 3--Collection of Levy by Collection Agency
s. 31
(b) if the land is non-rateable leviable land
which is classified residential for land use
classification purposes, exempt any person
from paying the whole or part of any levy
5 interest generally or specifically.
(6) A collection agency may recover levy interest due
to it on a levy amount in the same way as it may
recover the levy amount.
31 Joint liability to pay levy
10 (1) If 2 or more persons are jointly liable to pay a levy
under Part 2, a collection agency may recover the
whole of the levy from--
(a) all of those persons; or
(b) any of those persons; or
15 (c) any one of those persons.
(2) A person who is jointly liable to pay a levy under
Part 2 and who pays that levy to the collection
agency may recover a contribution from any other
person who is liable to pay the whole or part of
20 that levy.
32 Person acquiring leviable land
(1) A person who becomes the owner of leviable land
must pay--
(a) any levy amount on the leviable land which
25 is current; and
(b) any arrears of the levy amount on the
leviable land and any levy interest which is
due and payable.
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Part 3--Collection of Levy by Collection Agency
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(2) If a collection agency has obtained an award for
legal costs in relation to any levy owing by the
previous owner of the leviable land, subsection (1)
applies to the amount of legal costs remaining
5 unpaid as if the legal costs were arrears of the
levy.
Note
Legal costs in relation to levy owing and that are deemed in
accordance with this section to be arrears of levy should be
10 included in any statement under section 32 of the Sale of
Land Act 1962.
(3) If the previous owner of the leviable land had
been paying any levy amount by instalments at the
time the ownership of the leviable land changed,
15 the person who becomes the owner of the land
may continue the payment of that levy amount by
instalments.
(4) The person who becomes the owner of leviable
land may also pay a levy amount by instalments.
20 (5) In all other cases, the person who becomes the
owner of leviable land must pay any amount due
under subsection (1)--
(a) by the date it was due to have been paid by
the previous owner of the leviable land; or
25 (b) if that date has already passed, within
14 days from the date the person becomes
the owner of the land.
(6) Subsections (3) and (4)--
(a) do not apply to instalment payments relating
30 to a levy amount that is in arrears; and
(b) are not to be read as enabling a new owner to
obtain the benefit of any concession in
respect of the levy amount that the new
owner is not entitled to in her, his or its own
35 right.
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(7) If there is any inconsistency between--
(a) the amount claimed by a collection agency or
any person to be arrears under subsection
(1)(b) in respect of a specific period; and
5 (b) the amount appearing on a certificate issued
under section 229 of the Local Government
Act 1989 as the arrears in respect of that
period--
the collection agency to whom the arrears are
10 payable may recover an amount which is not more
than the amount appearing on the certificate and
interest which has accrued on the amount
appearing on the certificate since the issue of the
certificate.
15 33 Collection agency may require occupier to pay rent
(1) If any levy is due and unpaid in relation to
leviable land, the collection agency may send a
notice to the person liable to pay the levy.
(2) The notice must state--
20 (a) that after 14 days from the date the notice is
sent, the occupier of the leviable land may be
required by notice sent to that person to pay
to the collection agency the rent then due or
further rent as it falls due by that person for
25 the land; and
(b) that the rent must be paid to the collection
agency until the levy has been paid.
(3) A payment of rent by a person under this section
is a discharge of the debt for that rent and must be
30 treated as payment of rent for the purposes of any
tenancy law.
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(4) Subsection (3) does not apply if the person has
agreed to pay any levy on that land.
Note
See also section 35(4).
5 (5) If a person fails to pay any or all of the rent due
under this section, the collection agency may
recover the unpaid amount as a debt due to it by
that person.
34 Recovery of levy not affected by objection, review or
10 appeal
(1) The right of the collection agency to recover levy
is not suspended by an objection, review or appeal
of a valuation made or adopted under the
Valuation of Land Act 1960.
15 (2) If an objection, review or appeal results in the
alteration of a valuation or a decision to attribute a
different AVPCC to leviable land, an adjustment
must be made by the collection agency and--
(a) any levy amount or levy interest paid by the
20 person that, as a consequence of a decision
following an action taken by a person under
subsection (1), amounts to an
overpayment--
(i) if the person owes a levy amount or
25 levy interest other than the amount
adjusted, the overpayment must be used
to pay the outstanding levy amount or
levy interest owed by the person;
(ii) if subparagraph (i) does not apply, the
30 overpayment may be refunded to the
person and paid out of the account
maintained by the collection agency
under section 37;
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Part 3--Collection of Levy by Collection Agency
s. 35
(b) any additional levy amount that becomes
payable as a consequence of any action taken
by a person under subsection (1), may be
recovered as unpaid levy by the collection
5 agency in accordance with this Part.
(3) Interest, at the rate specified in section 30(2)(a),
accrues daily on any amount to be refunded to a
person under subsection (2)(a) from the day of the
decision referred to in that subsection until the day
10 the person is paid the amount to be refunded.
35 Unpaid levy amount
(1) If a levy amount (including any instalment or any
part of a levy amount) remains unpaid after it is
due and payable, the collection agency may
15 recover it in the Magistrates' Court or by suing for
debt.
(2) If any levy amount is recovered from an owner of
leviable land and an agreement with the owner of
the land states that the occupier of the land must
20 pay any levy amount, the owner may recover the
levy amount from the occupier in the same
manner in which the owner may recover rent
owing to that owner.
(3) An occupier who pays any levy amount under this
25 section need not pay more than the amount of rent
owed by the occupier at the time of the demand or
the payment.
(4) Subsection (3) does not apply--
(a) if the occupier has agreed to pay any levy
30 amount;
(b) if, after the collection agency requests that
the occupier disclose the rent and the name
and address of the person to whom it is
payable, the occupier does not do so.
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(5) For the purposes of this section, the owner has the
burden of proof of showing that--
(a) the occupier had agreed to pay any levy
amount; and
5 (b) the levy amount to be paid on any leviable
land by that occupier is more than the rent
owed by the occupier for the land.
(6) The rental agreement between the occupier and
the owner with terms specifying that the occupier
10 will pay the levy amount is sufficient evidence to
satisfy the burden of proof under subsection (5).
36 Refund of amounts overpaid
(1) If a person who has paid a levy amount under this
Act believes they have paid more than the levy
15 amount owed, the person may apply to that
collection agency for a refund of the amount paid
in excess of the levy amount in accordance with
subsection (3).
(2) Subsection (1) does not apply to a person who
20 believes an overpayment in respect of the levy
amount has been made based on--
(a) the valuation made or adopted under
Valuation of Land Act 1960 in respect of
leviable land; or
25 (b) the AVPCC allocated to the leviable land.
Note
Part III of the Valuation of Land Act 1960 provides for a
person aggrieved by a valuation or AVPCC allocation to
make an objection.
30 (3) An application for a refund must--
(a) be in writing;
(b) specify the grounds on which the person
believes they have made an overpayment;
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Part 3--Collection of Levy by Collection Agency
s. 37
(c) be given to the collection agency that
collected the levy amount paid by the person.
(4) If, after receiving an application under subsection
(3), the collection agency determines that a
5 payment has been made that is in excess of the
levy amount owed, the collection agency must
refund the payment that was in excess of the levy
amount to the person.
(5) If a collection agency finds, at any time after a
10 payment of a levy amount has been made by a
person, that the payment is in excess of the levy
amount owed by that person, the collection
agency may refund the amount paid that was in
excess of the levy amount.
15 37 Levy amounts and levy interest collected by
collection agency to be kept in dedicated account
(1) A collection agency must open and maintain an
account with an ADI for the purposes of paying
into that account levy amounts and levy interest
20 collected by the collection agency under this Act.
(2) Levy amounts and levy interest collected by a
collection agency and paid into an account
specified in subsection (1) is held on trust by the
collection agency on behalf of the Commissioner.
25 (3) Subject to subsection (4), any interest earned on
levy amounts and levy interest paid into an
account specified in subsection (1) may be
retained by the collection agency.
(4) The Commissioner may require interest earned on
30 levy amounts and levy interest paid into the
account specified in subsection (1) to be paid to
the Commissioner if he or she determines that a
collection agency has failed to perform its duties
or is in breach of its obligations under this Act.
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s. 38
(5) Any amount paid into an account specified in
subsection (1) that is determined or found to be an
overpayment under section 36(4) or (5) must be
paid out of the account and refunded to the person
5 who made the overpayment.
(6) A determination made by the Commissioner under
subsection (4) is a non-reviewable decision.
38 Cancellation of assessment of liability to pay levy
amount made in error
10 (1) A collection agency may cancel an assessment of
a person's liability to pay a levy amount in respect
of leviable land if the collection agency is
satisfied that an assessment has been made in
error.
15 (2) If a collection agency has made an assessment in
error under subsection (1), the collection agency
must--
(a) if the collection agency determines that an
assessment should not have been issued--
20 issue a withdrawal notice;
(b) if the collection agency determines that a
fresh assessment in respect of the leviable
land should be issued--give the person
another assessment notice under section 25;
25 (c) if the person paid any of the levy amount
specified in an assessment referred to in
subsection (1)--
(i) refund the amount paid; or
(ii) if a fresh assessment has been made
30 under paragraph (b), apply the amount
paid to any levy amount owed under
the fresh assessment.
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Part 3--Collection of Levy by Collection Agency
s. 39
39 Revised assessment of liability to pay levy amount
(1) This section applies if--
(a) a supplementary valuation is carried out in
respect of leviable land under sections 13DF
5 or 13L of the Valuation of Land Act 1960;
and
(b) the valuer-general certifies the
supplementary valuation to be correct.
(2) If this section applies, the collection agency
10 must--
(a) conduct another assessment of the levy
amount in respect of the leviable land; and
(b) if the levy amount owed by the owner in
respect of the leviable land varies based on
15 the supplementary valuation--give the
owner of that land a revised assessment
notice.
(3) If, under subsection (2), the assessment of the levy
amount following the supplementary valuation
20 results in a variation that means an owner has paid
a levy amount in excess of what is owed by the
owner based on the subsequent assessment the
collection agency must refund that amount in
accordance with section 36(5) together with any
25 interest that has accrued in accordance with
subsection (4).
(4) Interest, at the rate specified in section 30(2)(a),
accrues daily on any amount to be refunded to the
owner under subsection (3) from the day the
30 valuer-general certifies the supplementary
valuation to be correct until the day the owner is
paid the amount to be refunded.
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(5) If a supplementary valuation is in respect of
leviable land that is rateable land, the revised
assessment of the levy amount must be included
in the revised rates notice to be sent to the owner
5 of the land.
Division 3--Collection agency returns and payment of levy
to Commissioner
40 Returns to be submitted to the Commissioner
A collection agency must submit a return to the
10 Commissioner--
(a) in a form approved by the Commissioner;
and
(b) in accordance with any directions issued by
the Minister.
15 41 Payment of collected levy to Commissioner
(1) A collection agency must pay all levy amounts
and levy interest received under this Part to the
Commissioner in 4 instalments.
(2) Subject to subsections (3) and (4), an instalment is
20 due and payable to the Commissioner 28 days
after the date fixed by the Minister administering
the Local Government Act 1989, by notice
published in the Government Gazette, under
section 167(2) of that Act for payment of a rate or
25 charge by instalment under that Act.
(3) If the date fixed by the Minister administering the
Local Government Act 1989 for payment of the
third instalment of a rate or charge under section
167(2) of that Act is different to the date fixed by
30 that Minister under section 167(2B) of that Act for
payment of a lump sum, any lump sum payments
and any payments of the third instalment of levy
are due and payable to the Commissioner 28 days
after the later date fixed by the Minister for the
35 third instalment and lump sum payments.
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s. 41
(4) If a collection agency receives any late payments
of levy amounts and levy interest under this Part,
the collection agency may forward those amounts
to the Commissioner at the same time as the next
5 instalment is payable.
__________________
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Part 4--Commissioner Oversight
s. 42
PART 4--COMMISSIONER OVERSIGHT
Division 1--Administration of Part
42 Administration
The Commissioner has the general administration
5 of this Part and any regulations made for the
purposes of this Part.
43 Authorised officers
(1) The Commissioner is an authorised officer for the
purposes of this Part.
10 (2) Subject to section 44, any person who is appointed
as an authorised officer under the Taxation
Administration Act 1997 is an authorised officer
for the purposes of this Part.
44 Identity cards for authorised officers performing
15 functions under this Part
An authorised officer specified in section 43(2)
who performs any function under sections 55, 56,
57 and 58 must be issued with an identity card in a
form approved by the Commissioner--
20 (a) containing the person's name, signature and
photograph; and
(b) stating that the person is an authorised
officer for the purposes of this Part.
45 Delegation
25 The Commissioner, by instrument, may delegate
to any person employed or engaged in the
administration or enforcement of this Act or any
other law under the general administration of the
Commissioner, other than this power of
30 delegation.
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46 Provision of staff
There may be employed under Part 3 of the
Public Administration Act 2004 any employees
that are necessary to assist the Commissioner in
5 the performance of his or her powers, duties or
functions under this Act.
47 Use of consultants and contractors
The Commissioner may engage any consultants
and contractors that may be necessary or
10 convenient to enable the Commissioner to
perform his or her functions under this Act.
Division 2--Role of, and functions and powers of,
Commissioner
48 Functions and powers of the Commissioner under
15 this Act
The Commissioner has the following functions
under this Act--
(a) to receive levy amounts and levy interest
collected by a collection agency and pay
20 those amounts into the Consolidated Fund;
(b) to monitor the performance of a Council
appointed as, or directed to be, a collection
agency under this Act;
(c) any other function conferred on the
25 Commissioner under this Act.
49 Commissioner to keep proper accounts
The Commissioner must keep proper accounts of
payments of levy made by a collection agency to
the Commissioner.
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Part 4--Commissioner Oversight
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50 Levy paid into Consolidated Fund on receipt by
Commissioner
(1) The Commissioner must, as soon as practicable,
pay into the Consolidated Fund all levy received
5 from a collection agency on receipt of the levy
from a collection agency.
(2) The Commissioner must, as soon as practicable,
pay into the Consolidated Fund any interest the
Commissioner has received under section 37(4).
10 51 Minister may request the Commissioner to
investigate collection costs of collection agencies
The Minister may require the Commissioner to
review the costs of collection agencies in
performing functions under this Act for the
15 purposes of determining the fees to be paid to
collection agencies.
52 Commissioner to pay fees to collection agencies
following determination by Minister
The Commissioner must make arrangements for
20 collection agencies to be paid fees for the
performance of functions under this Act following
a determination of the Minister under section 70.
53 Power of Commissioner under this Part
Without limiting the powers of the Commissioner
25 under the Taxation Administration Act 1997,
the Commissioner has power to do all things
necessary or convenient to be done for or in
connection with the performance of his or her
functions under this Part.
30 Division 3--Investigative powers
54 Power of investigation
(1) The Commissioner may conduct an investigation
under this Division for the purposes of exercising
his or her functions under this Part.
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(2) For the purposes of an investigation under this
Division, the Commissioner may, by written
notice, require a person--
(a) to give the Commissioner written
5 information specified in the notice; or
(b) to attend at a specified time and place before
the Commissioner or an authorised officer to
answer questions relevant to the
investigation; or
10 (c) to produce a document to the Commissioner
at a specified time and place.
(3) The Commissioner may require information or
evidence that is not given orally to be provided in
the form of, or verified by, a statutory declaration.
15 (4) The Commissioner may require evidence that is
given orally to be given on oath and for that
purpose the Commissioner or an authorised
officer may administer an oath.
(5) The person to whom the notice is given must
20 comply with the notice within the period specified
in the notice or any extended period allowed by
the Commissioner.
Penalty: In the case of a natural person,
40 penalty units;
25 In the case of a body corporate,
200 penalty units.
55 Power of entry, search and inspection
(1) An authorised officer may, for the purposes of an
investigation under this Division, exercise any of
30 the following powers--
(a) inspect premises and any thing found at the
premises;
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Part 4--Commissioner Oversight
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(b) require a person to produce a document
relevant to the investigation for inspection
and (if necessary) to operate a computer or
other device in which information is stored
5 to produce a document in understandable
form;
(c) retain a document for inspection, to make a
copy of it, or to take extracts from it;
(d) require a person to answer questions relevant
10 to the investigation;
(e) require a person to give the authorised
officer any other assistance that may be
reasonable in the circumstances to carry out
the investigation.
15 (2) An authorised officer may enter premises for the
purposes of an investigation--
(a) with the consent of the occupier; or
(b) on the authority of a warrant issued under
section 56.
20 (3) An occupier who consents in writing to entry,
search and inspection of his or her premises under
this section must be given a copy of the signed
consent immediately.
(4) An authorised officer must not exercise any
25 powers under this section if the authorised officer
fails to produce, on request, his or her identity
card issued under this Part for inspection by the
occupier of the premises.
(5) An authorised officer may carry out an
30 investigation with any assistants and equipment
the authorised officer reasonably requires to carry
out an investigation.
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(6) A person must not--
(a) hinder or obstruct an authorised officer who
is carrying out an investigation or a person
assisting the authorised officer; or
5 (b) without reasonable excuse, refuse or fail to
comply with a requirement made by an
authorised officer in the exercise of powers
conferred by this section; or
(c) answer a question put by an authorised
10 officer under this section knowing that the
answer is false or misleading.
Penalty: In the case of a natural person,
100 penalty units;
In the case of a body corporate,
15 500 penalty units.
(7) A person is not guilty of an offence under
subsection (6) arising from the entry of an
authorised officer onto premises unless the court
hearing the charge is satisfied that, at the material
20 time, the authorised officer--
(a) identified himself or herself as an authorised
officer; and
(b) warned the person that a failure or refusal to
comply with the requirement may constitute
25 an offence.
56 Search warrant
(1) An authorised officer may apply to a magistrate
for the issue of a search warrant in relation to
particular premises if the authorised officer
30 believes on reasonable grounds that there is, or
may be within the next 72 hours, on the premises
a particular thing that may be relevant to the
administration of this Part.
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(2) If a magistrate is satisfied by the evidence on oath,
whether oral or by affidavit, that there are
reasonable grounds for suspecting that there is, or
may be within the next 72 hours, on the premises
5 a particular thing that may be relevant to the
administration of this Part, the magistrate may
issue a search warrant authorising an authorised
officer named in the warrant and any assistants the
authorised officer considers necessary--
10 (a) to enter the premises, or the part of the
premises, named or described in the warrant;
and
(b) to search for and seize, or secure against
interference, a thing named or described in
15 the warrant; and
(c) if reasonably necessary for the purposes
referred to in paragraph (b), to break open
any receptacle in or on the premises.
(3) In addition to any other requirement, a search
20 warrant issued under this section must state--
(a) the premises to be searched; and
(b) a description of the thing for which the
search is to be made; and
(c) any conditions to which the warrant is
25 subject; and
(d) that entry is authorised to be made during
business hours only unless entry during those
hours is unreasonable in the circumstances;
and
30 (e) a day, not later than 7 days after the issue of
the warrant, on which the warrant ceases to
have effect.
(4) A search warrant must be issued in accordance
with the Magistrates' Court Act 1989 and in the
35 form prescribed under that Act.
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(5) The rules to be observed with respect to search
warrants mentioned in the Magistrates' Court
Act 1989 extend and apply to warrants under this
section.
5 57 Announcement before entry
(1) Before executing a search warrant, the authorised
officer named in the warrant or person assisting
the authorised officer must announce that he or
she is authorised by the warrant to enter the
10 premises and give any person at the premises an
opportunity to allow entry to the premises.
(2) The authorised officer or a person assisting the
authorised officer need not comply with
subsection (1) if he or she believes on reasonable
15 grounds that immediate entry to the premises is
required to ensure--
(a) the safety of any person; or
(b) that the effective execution of the search
warrant is not frustrated.
20 58 Copy of warrant to be given to occupier
If the occupier or another person who apparently
represents the occupier is present at premises
when a search warrant is being executed, the
authorised officer must--
25 (a) identify himself or herself to that person by
producing his or her identity card issued
under this Part for inspection by that person;
and
(b) give to that person a copy of the execution
30 copy of the warrant.
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59 Protection against self-incrimination
(1) A person may refuse or fail to give information,
produce documents or answer questions that the
person is required to give, produce or answer
5 under this Division on the ground that giving the
information, producing the documents or
answering the questions would tend to incriminate
the person.
(2) Subsection (1) does not excuse the person from
10 giving information, producing documents or
answering questions that the person is required by
this Division to give, produce or answer on the
ground that giving the information, producing the
documents or answering the questions would tend
15 to incriminate the person in respect of an offence
against this Act.
(3) However, information given, documents produced
or questions answered by a person as required by
this Division are not admissible in evidence
20 against the person in any proceeding in respect of
an offence against this Act.
Note
Subsection (3) does not extend to offences in other Acts or
at common law, such as perjury.
25 60 Access to public records without fee
The Commissioner is entitled to inspect and take
copies of any public record relevant to the
assessment or collection of levy under this Act
without payment of any fee that would be payable
30 but for this section.
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Division 4--Miscellaneous provisions
61 Means of payment by collection agencies
Levy may be paid to the Commissioner--
(a) by electronic funds transfer; or
5 (b) if the Commissioner directs that another
method of payment be used--by that
method.
62 Appropriation of Consolidated Fund
If the Commissioner is authorised or required to
10 pay an amount under this Act the amount is to be
paid from the Consolidated Fund which is
appropriated by this section to the necessary
extent.
63 Legal proceedings in Commissioner's name
15 (1) Legal proceedings may be taken by or against the
Commissioner in the name "Commissioner of
State Revenue".
(2) A person who takes legal proceedings in the name
of the Commissioner is taken to be authorised to
20 take those proceedings, in the absence of evidence
to the contrary.
__________________
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Part 5--Secrecy and General Provisions
s. 64
PART 5--SECRECY AND GENERAL PROVISIONS
Division 1--Secrecy
64 Prohibition on certain disclosures of information by
authorised persons
5 (1) A person who is or was an authorised person must
not disclose any information obtained under, or in
relation to the administration of, this Act, except
as permitted by this Part.
Penalty: 60 penalty units.
10 (2) For the purposes of the Freedom of Information
Act 1982, information referred to in subsection
(1) is information of a kind to which section 38 of
that Act applies.
65 Permitted disclosures to particular persons
15 (1) An authorised person may disclose information
obtained under, or in relation to the administration
of, this Act--
(a) with the consent of the person to whom the
information relates or at the request of a
20 person acting on behalf of that person; or
(b) in connection with the administration and
enforcement of this Act; or
(c) in accordance with a requirement imposed
under an Act; or
25 (d) to an authorised recipient, being--
(i) the valuer-general;
(ii) the Secretary to the Department of
Treasury and Finance;
(iii) the Essential Services Commission
30 established under the Essential
Services Commission Act 2001;
(iv) the CFA;
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(v) the MFB;
(vi) the Treasurer;
(vii) a person prescribed to be an authorised
recipient for the purposes of this
5 section.
66 Permitted disclosures of a general nature
The Commissioner and the Chief Executive
Officer of a Council in its capacity as a collection
agency, may disclose information obtained under,
10 or in relation to the administration of, this Act,
unless that information will or is likely to identify
a particular person.
67 Permitted disclosure that may identify a particular
person
15 Despite section 66, the Commissioner and Chief
Executive Officer of a Council in its capacity as a
collection agency, may disclose information
obtained under, or in relation to the administration
of, this Act that will or is likely to identify a
20 particular person if that disclosure is permitted by
this Act or is necessary for the administration of
this Act.
68 Prohibition on secondary disclosure of information
(1) A person must not disclose any information
25 obtained from an authorised person in accordance
with section 65 unless--
(a) the disclosure is made to enable the person to
exercise a function conferred on the person
by law for the purpose of the enforcement or
30 administration of a law or protecting the
public revenue; and
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Part 5--Secrecy and General Provisions
s. 69
(b) the Commissioner or the Chief Executive
Officer of a Council in its capacity as a
collection agency, as appropriate, consents to
the disclosure.
5 Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.
(2) For the purposes of the Freedom of Information
10 Act 1982, information referred to in subsection
(1) is information of a kind to which section 38 of
that Act applies.
69 Further restrictions on disclosure
A person who is or was an authorised person is
15 not required to disclose or produce in any Court
any information obtained under or in relation to
the administration of this Act except--
(a) if it is necessary to do so for the purposes of
the administration of this Act; or
20 (b) if the requirement is made for the purposes
of enabling a person who is specified for the
time being to be an authorised recipient to
exercise a function conferred or imposed on
the person by law.
25 Division 2--General
70 Collection agency fees for levy functions determined
by Minister
(1) The Minister may, by determination, specify the
following--
30 (a) any fees to be paid to collection agencies for
the performance of functions under this Act;
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(b) when collection agencies may be paid fees
for the performance of functions under this
Act;
(c) the procedures for the payment of any fees to
5 collection agencies under this Act.
(2) The Minister may specify differential fees for
each collection agency based on the costs incurred
by each collection agency in performing functions
under this Act.
10 (3) In making a determination under subsection (1),
the Minister must have regard to the costs a
collection agency may reasonably incur in
performing functions under this Act including any
administrative costs incurred in preparing to
15 perform functions under this Act.
(4) For the purposes of this section the Minister may
consult persons who the Minister reasonably
believes represent the interests of a collection
agency.
20 71 Alteration of levy records
(1) An owner of leviable land may apply to a
collection agency for an alteration of the levy
records if, following receipt of a notice under
section 25, the owner has cause to believe that the
25 records contain incorrect information.
(2) An application under subsection (1) must be in the
manner and form specified by the collection
agency that sent the notice under section 25.
72 Minister may issue directions
30 (1) The Minister may issue written directions to
collection agencies or the Commissioner in
relation to the performance of functions by
collection agencies or the Commissioner under
this Act.
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(2) A direction issued under subsection (1) must not
be inconsistent with this Act.
(3) The Minister may amend or revoke a direction
made under subsection (1).
5 73 Delegation by Minister
The Minister may, by instrument, delegate to a
person or body any power, duty or function of the
Minister under this Act other than this power of
delegation.
10 74 Minister may request suspension of Council
If the Minister is satisfied that there has been a
serious failure by a Council to perform its
functions as a collection agency under this Act,
the Minister may request the Minister
15 administering the Local Government Act 1989 to
exercise his or her functions under section 219 of
the Local Government Act 1989 in respect of
that Council.
Division 3--Service
20 Subdivision 1--Service on or by a collection agency
75 Service on a collection agency
Any document required to be served on or given
to a collection agency may be served on or given
to the collection agency by--
25 (a) delivering the document to a member of staff
of the Council that has been appointed as a
collection agency at the Council office; or
(b) sending the document by post to the postal
address of the Council appointed as a
30 collection agency.
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Part 5--Secrecy and General Provisions
s. 76
76 Service on a person by a collection agency
(1) Any document required to be served on or given
to a person by a collection agency under this Act
or the regulations may be served on or given to
5 the person by--
(a) delivering the document to the person; or
(b) leaving the document at his or her usual or
last known place of residence or business
with a person apparently not less than 16
10 years and apparently residing or employed at
that place; or
(c) sending the document by post addressed to
the person at his or her last known place of
residence or business.
15 (2) If a document is required to be served on or given
to the owner or occupier of any land and his or her
name is not known the document may be
addressed to the "the owner" or "the occupier".
(3) The document may be put up on a conspicuous
20 position on the land if the name and address of the
owner are not known and there is no occupier of
the land.
(4) If a document required to be served on or given to
an owner or occupier of any land by a collection
25 agency is properly served on or given to the owner
or occupier of the land the document is binding on
every subsequent owner or occupier of the land.
77 Evidence of service
A statutory declaration by a person who has
30 served on, or given a document to, a collection
agency or on behalf of a collection agency in
accordance with this Act stating the manner, place
and time the document was served or given is
evidence of the document having been served or
35 given.
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Part 5--Secrecy and General Provisions
s. 78
Subdivision 2--Service on or by the Commissioner
78 Service of documents on Commissioner
A document authorised or required to be served
on, given to or lodged with the Commissioner for
5 the purposes of this Act may be served, given or
lodged--
(a) by delivering it to an office of the
Commissioner; or
(b) by post addressed to the Commissioner at an
10 office of the Commissioner; or
(c) by a means indicated by the Commissioner
as being an available means of service (such
as by facsimile transmission or by delivering
it, addressed to the Commissioner, to the
15 facilities of a document exchange); or
(d) by leaving it with a person who has authority
to accept documents on the Commissioner's
behalf.
79 Day of service of document or payment of money
20 If a document is served on the Commissioner or a
payment of money is tendered to the
Commissioner at a time on a day that is after the
ordinary hours of business when the offices of the
Commissioner are open to the public on that day,
25 the document or payment is taken to have been
served on or tendered to the Commissioner on the
following business day.
80 Service of documents by Commissioner
(1) A document authorised or required to be served
30 on or given to a person by the Commissioner for
the purposes of this Act may be served on or
given to the person--
(a) personally; or
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Part 5--Secrecy and General Provisions
s. 81
(b) by leaving it at the last address of the person
known to the Commissioner (including, in
the case of a body corporate, the registered
office or a business address of the body
5 corporate); or
(c) by post addressed to the person at the last
address of the person known to the
Commissioner (including, in the case of a
body corporate, the registered office or a
10 business address of the body corporate); or
(d) by a means indicated by the person as being
an available means of service (such as by
facsimile or other electronic transmission or
by delivering it, addressed to the person, to
15 the facilities of a document exchange); or
(e) by any means provided for the service of the
document by another Act or law.
(2) To avoid doubt, this section applies to the service
of any court process in proceedings under Part 4.
20 (3) If a person (the agent) has actual authority to
accept service of a document on behalf of another,
the Commissioner may, for the purposes of this
Act, serve the document on the agent as if the
agent were that other person.
25 81 Service on a person by the Commissioner
(1) For the purposes of this Act, a document must be
taken, unless the contrary is proved, to have been
served on or given to a person by the
Commissioner--
30 (a) in the case of a delivery in person--at the
time the document is delivered;
(b) in the case of posting--2 business days after
the day on which the document was posted;
571126B.I-29/8/2012 61 BILL LA INTRODUCTION 30/8/2012
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Part 5--Secrecy and General Provisions
s. 82
(c) in the case of a facsimile or other electronic
transmission--at the time the facsimile or
transmission is received.
(2) If a facsimile or other electronic transmission is
5 received after 5.00 p.m. on any day, it must be
taken to have been received on the next business
day.
Division 4--Miscellaneous
82 Obstructing collection agency
10 A person must not obstruct a collection agency, or
a member of staff of Council that has been
appointed to be a collection agency, in the
performance of anything the collection agency or
the member is empowered to do under this Act or
15 regulations made under this Act.
Penalty: 60 penalty units.
83 Regulations
(1) The Governor in Council may make regulations
for or with respect to--
20 (a) prescribing land classifications for land that
may be exempt from assessment for levy
purposes;
(b) prescribing conditions to apply to any
exemptions prescribed under paragraph (a);
25 (c) generally prescribing any other matter or
thing required or permitted to be prescribed
or necessary to be prescribed for the
purposes of this Act.
(2) The regulations may--
30 (a) be of general or limited application; and
(b) differ according to differences in time, place
or circumstances; and
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Part 5--Secrecy and General Provisions
s. 84
(c) provide in a specified case or class of case
for the exemption of persons or things or a
class of persons or things from any of the
provisions of the regulations, whether
5 unconditionally or on specified conditions
and either wholly or to such an extent as is
specified.
84 Supreme Court--Limitation of jurisdiction
It is the intention of sections 5, 12, 15 and 37 to
10 alter or vary section 85 of the Constitution Act
1975.
__________________
571126B.I-29/8/2012 63 BILL LA INTRODUCTION 30/8/2012
Fire Services Property Levy Bill 2012
Part 6--Transitional Arrangements
s. 85
PART 6--TRANSITIONAL ARRANGEMENTS
Division 1--Review of the insurance industry
85 Definitions
In this Part--
5 Commission means the Essential Services
Commission established under the Essential
Services Commission Act 2001;
insurance against fire means insurance against
the risk of fire or the risk of loss of profits
10 consequent on fire whether the insurance is
associated with insurance against any other
risk or not;
insurance company means--
(a) a person (including a body corporate or
15 unincorporate, a partnership or an
underwriter) who, in Victoria, issues, or
undertakes liability under, policies of
insurance against fire in respect of
property in Victoria; or
20 (b) a Lloyd's underwriter who--
(i) issues, or undertakes liability
under, policies of insurance
against fire in respect of property
in Victoria; and
25 (ii) is a member of the Australian Fire
Brigades Charges Scheme and
makes payments to the Fund
established under that Scheme;
insurance premium means any premium received
30 by or due to an insurance company for
insurance against fire including any base
premium, fire services levy, GST or stamp
duty;
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Part 6--Transitional Arrangements
s. 86
Lloyds means the society of that name
incorporated by the Act of the United
Kingdom known as Lloyd's Act 1871;
Lloyds underwriter means an underwriter member
5 of Lloyds.
86 Commission to review premiums of insurance
companies following introduction of levy under this
Act
(1) After consulting the Minister administering the
10 Essential Services Commission Act 2001, the
Minister administering this Act may by written
notice, request the Commission to conduct a
review and report to the Minister administering
this Act on the following--
15 (a) movement in the cost of insurance premiums
from 1 July 2012 to 30 June 2014;
(b) in relation to the review of insurance
premiums of insurance companies following
the enactment of this Act, any related matter
20 that the Minister specifies in writing for
review.
(2) The written notice must specify--
(a) the terms of reference for the review;
(b) the date by when the review must be
25 conducted and the report completed being a
date not later than 31 December 2016.
(3) The Minister administering this Act may--
(a) amend the terms of reference;
(b) extend the period within which a report is to
30 be submitted to the Minister;
(c) request the Commission to provide an
interim report.
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Part 6--Transitional Arrangements
s. 87
87 Conduct of review
(1) Subject to this Part, the Commission may conduct
a review under this Part in any manner the
Commission considers appropriate.
5 (2) In conducting a review, the Commission is not
bound by the rules of evidence and may inform
itself on any matter in any way it thinks fit.
88 Objectives not to apply
Except to the extent (if any) that the Minister
10 otherwise determines, the objectives of the
Commission under the Essential Services
Commission Act 2001 or any other Act do not
apply to the functions and powers of the
Commission under this Part.
15 89 Powers relating to reviews
(1) The Commission may serve on any person--
(a) a notice requiring that person to provide
evidence in writing;
(b) a notice to produce specified documents;
20 (c) a summons to appear before the Commission
to provide evidence.
(2) The Commission may make an order for the
manner of service, including substituted service,
of a notice or summons under subsection (1).
25 (3) A person must not, without lawful excuse, fail to
comply with a notice or summons of the
Commission.
Penalty: In the case of a natural person,
40 penalty units;
30 In the case of a body corporate,
200 penalty units.
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Part 6--Transitional Arrangements
s. 90
(4) A person must not give information to the
Commission that he or she knows is false or
misleading.
Penalty: In the case of a natural person,
5 100 penalty units;
In the case of a body corporate,
500 penalty units.
90 Protection against self-incrimination
(1) A person may refuse or fail to provide written or
10 verbal evidence or produce specified documents
that the person is required to provide or produce
under this Division on the ground that providing
the written or verbal evidence or producing the
specified documents would tend to incriminate the
15 person.
(2) Subsection (1) does not excuse the person from
providing written or verbal evidence or producing
specified documents that the person is required by
this Division to provide or produce on the ground
20 that providing the written or verbal evidence or
producing the specified documents would tend to
incriminate the person in respect of an offence
against this Act.
(3) However, written or verbal evidence provided or
25 specified documents produced by a person as
required by this Division are not admissible in
evidence against the person in any proceeding in
respect of an offence against this Act.
Note
30 Subsection (3) does not extend to offences in other Acts or
at common law, such as perjury.
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Part 6--Transitional Arrangements
s. 91
91 Report
(1) The Commission must submit a copy of any
report under section 86 to the Minister.
(2) The Minister may give a copy of any report
5 received under subsection (1) to a third party.
(3) If, in the opinion of the Commission, a report will
contain confidential or commercially sensitive
information, the Commission must divide the
report into--
10 (a) a document containing the confidential or
commercially sensitive information; and
(b) another document containing the rest of the
report.
(4) Any information that the Commission may
15 disclose under section 38 of the Essential
Services Commission Act 2001 is not
confidential or commercially sensitive for the
purposes of subsection (2) unless an appeal panel,
within the meaning of that Act, states that it is
20 imposing a restriction under section 56(7)(b)(i) of
that Act.
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Part 6--Transitional Arrangements
s. 92
Division 2--Amendment of Essential Services Commission
Act 2001
92 Amendment of section 10--Functions of the
Commission
5 In section 10 of the Essential Services See:
Act No.
Commission Act 2001 after paragraph (l) 62/2001.
insert-- Reprint No. 3
as at
1 July 2008
"(la) to perform the functions conferred on the and
Commission by the Fire Services Property amending
10 Levy Act 2012;". Act Nos
70/2007,
6/2010,
40/2011 and
63/2011.
LawToday:
www.
legislation.
vic.gov.au
93 Amendment of section 38--Restriction on disclosure
of confidential information
(1) For section 38(1)(a) of the Essential Services
Commission Act 2001 substitute--
15 "(a) information or a document is given to the
Commission under--
(i) section 37, 37A or 51; or
(ii) section 212E of the Accident Towing
Services Act 2007; or
20 (iii) section 89 of the Fire Services
Property Levy Act 2012; and".
(2) In section 38(2)(c)(iii) of the Essential Services
Commission Act 2001, after "2007" insert "or
section 91 of the Fire Services Property Levy
25 Act 2012".
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Fire Services Property Levy Bill 2012
Part 6--Transitional Arrangements
s. 93
(3) In section 38(3)(c) of the Essential Services
Commission Act 2001, after "2007" insert "or
section 91(3) of the Fire Services Property Levy
Act 2012".
__________________
5
571126B.I-29/8/2012 70 BILL LA INTRODUCTION 30/8/2012
Fire Services Property Levy Bill 2012
Part 7--Amendment of Country Fire Authority Act 1958
s. 94
PART 7--AMENDMENT OF COUNTRY FIRE AUTHORITY
ACT 1958
94 Amendment of section 3--Definitions
In section 3(1) of the Country Fire Authority See:
Act No.
5 Act 1958, the definitions of insurance against 6228.
fire, insurance company and insurance Reprint No. 14
as at
intermediary are repealed. 16 May 2012
and
amending
Act Nos
20/2012 and
35/2012.
LawToday:
www.
legislation.
vic.gov.au
95 Amendment of sections 7 and 10--Constitution and
quorum of Authority
10 (1) In section 7(1) of the Country Fire Authority
Act 1958--
(a) for "twelve" substitute "ten";
(b) paragraph (d) is repealed.
(2) In section 10(1) of the Country Fire Authority
15 Act 1958, for "seven" substitute "six".
96 Amendment of section 75--Annual estimate of
expenditure and revenue
For section 75(1) of the Country Fire Authority
Act 1958 substitute--
20 "(1) For the purposes of enabling the Minister to
determine the levy rate under section 12 of
the Fire Services Property Levy Act 2012,
the Authority must provide the Minister with
an estimate of--
25 (a) the expenditure which may be incurred
by the Authority in the execution of this
Act during the next financial year
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Part 7--Amendment of Country Fire Authority Act 1958
s. 97
(including any amounts payable into
any fund under this Act); and
(b) the revenue of the Authority during the
next financial year (including the
5 amounts payable into any fund under
this Act).
(1A) The Authority must provide the Minister
with an estimate under subsection (1) by the
date specified by the Minister.".
10 97 Amendment of section 76--Amounts of
contributions
(1) For section 76(1)(b) of the Country Fire
Authority Act 1958 substitute--
"(b) 77·5 per cent funded by the levy under the
15 Fire Services Property Levy Act 2012.".
(2) In section 76(2) of the Country Fire Authority
Act 1958--
(a) for "amount" substitute "amounts";
(b) for "(1)(a) is" substitute "(1) are".
20 (3) After section 76(2) of the Country Fire
Authority Act 1958 insert--
"(3) Each insurance company must submit a
report, 14 days after a quarterly instalment is
made under subsection (2), of individual
25 gross written premium received by or due to
the insurance company during the preceding
quarter in a form determined by the
Authority.".
98 Amendment of section 77--Returns of premiums
30 In section 77(1) of the Country Fire Authority
Act 1958, for "15 August in each year" substitute
"15 September 2013".
571126B.I-29/8/2012 72 BILL LA INTRODUCTION 30/8/2012
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Part 7--Amendment of Country Fire Authority Act 1958
s. 99
99 Amendment of section 78--Penalties in relation to
returns
(1) In section 78(1) of the Country Fire Authority
Act 1958, for "15 August" substitute
5 "15 September 2013".
(2) In section 78(3) of the Country Fire Authority
Act 1958--
(a) for "1 October" substitute "1 November
2013";
10 (b) for "15 August" substitute "15 September
2013".
(3) In section 78(4) of the Country Fire Authority
Act 1958--
(a) for "1 October" (where first occurring)
15 substitute "1 November 2013";
(b) in paragraph (a), for "15 August" substitute
"15 September 2013";
(c) in paragraph (b), for "1 October" substitute
"1 November 2013".
20 (4) In section 78(5) of the Country Fire Authority
Act 1958--
(a) for "1 October" (where first occurring)
substitute "1 November 2013";
(b) in paragraph (d), for "15 August" substitute
25 "15 September 2013".
(c) in paragraph (e), for "1 October" substitute
"1 November 2013".
100 Repeal of section 103A
Section 103A of the Country Fire Authority Act
30 1958 is repealed.
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Part 7--Amendment of Country Fire Authority Act 1958
s. 101
101 Repeals
(1) Sections 76(3), 77, 77A, 77B, 78, 79, 80, 80A, 81,
81A, 87, 88, 89, 90, 91, 104, 105, 109D, 110(1)(y)
and 110(3) of the Country Fire Authority Act
5 1958 are repealed.
(2) Sections 24(2) and 24(2A) of the Country Fire
Authority Act 1958 are repealed.
102 New section 117 inserted--Transitional--
Constitution of the Authority
10 After section 116 of the Country Fire Authority
Act 1958 insert--
"117 Transitional--Constitution of the
Authority
The Country Fire Authority is the same body
15 despite the changes to its membership made
by section 95 of the Fire Services Property
Levy Act 2012.".
__________________
571126B.I-29/8/2012 74 BILL LA INTRODUCTION 30/8/2012
Fire Services Property Levy Bill 2012
Part 8--Amendment of Metropolitan Fire Brigades Act 1958
s. 103
PART 8--AMENDMENT OF METROPOLITAN FIRE
BRIGADES ACT 1958
103 Amendment of section 3--Definitions
In section 3(1) of the Metropolitan Fire See:
Act No.
5 Brigades Act 1958, the definitions of insurance 6315.
against fire, insurance company and insurance Reprint No. 11
as at
intermediary are repealed. 16 June 2011
and
amending
Act No.
5/2012.
LawToday:
www.
legislation.
vic.gov.au
104 Amendment of section 36--Annual estimate of
expenditure and revenue
10 For section 36(1) of the Metropolitan Fire
Brigades Act 1958 substitute--
"(1) For the purposes of enabling the Minister to
determine the levy rate under section 12 of
the Fire Services Property Levy Act 2012,
15 the Board must provide the Minister with an
estimate of--
(a) the expenditure which may be incurred
by the Board in the execution of this
Act during the next financial year
20 (including any amounts payable into
any fund under this Act); and
(b) the revenue of the Board during the
next financial year (including the
amounts payable into any fund under
25 this Act).
(1A) The Board must provide the Minister with an
estimate under subsection (1) by the date
specified by the Minister.".
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Part 8--Amendment of Metropolitan Fire Brigades Act 1958
s. 105
105 Amendment of section 37--Contributions towards
annual expenditure
(1) For section 37(1)(b) and (c) of the Metropolitan
Fire Brigades Act 1958 substitute--
5 "(b) seven-eighths funded by the levy under the
Fire Services Property Levy Act 2012.".
(2) After section 37(2) of the Metropolitan Fire
Brigades Act 1958 insert--
"(3) Each insurance company must submit a
10 report, 14 days after a quarterly instalment is
made under subsection (2), of individual
gross written premium received by or due to
the insurance company during the preceding
quarter in a form determined by the Board.".
15 106 Amendment of section 40--Returns of premiums
In section 40(1) of the Metropolitan Fire
Brigades Act 1958, for "15 August in each year"
substitute "15 September 2013".
107 Amendment of section 41--Penalties in relation to
20 returns
(1) In section 41(1) of the Metropolitan Fire
Brigades Act 1958, for "15 August" substitute
"15 September 2013".
(2) In section 41(3) of the Metropolitan Fire
25 Brigades Act 1958--
(a) for "1 October" substitute "1 November
2013";
(b) for "15 August" substitute "15 September
2013".
30 (3) In section 41(4) of the Metropolitan Fire
Brigades Act 1958--
(a) for "1 October" (where first occurring)
substitute "1 November 2013";
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Part 8--Amendment of Metropolitan Fire Brigades Act 1958
s. 108
(b) in paragraph (a), for "15 August" substitute
"15 September 2013";
(c) in paragraph (b), for "1 October" substitute
"1 November 2013".
5 (4) In section 41(5) of the Metropolitan Fire
Brigades Act 1958--
(a) for "1 October" (where first occurring)
substitute "1 November 2013";
(b) in paragraph (d), for "15 August" substitute
10 "15 September 2013";
(c) in paragraph (e), for "1 October" substitute
"1 November 2013".
108 Amendment of section 47--Power of Minister in
case of default of Board
15 In section 47 of the Metropolitan Fire Brigades
Act 1958 omit "and receive and recover from the
municipalities and the insurance companies
respectively".
109 Repeal of section 69A
20 Section 69A of the Metropolitan Fire Brigades
Act 1958 is repealed.
110 Repeals
(1) Sections 34(1)(t), 34(2), 37(3), 38, 39, 40, 40A,
40B, 41, 42, 43, 44, 44A, 45, 45A, 66, 67, 68, 69,
25 70, 73, 74 and 77A of the Metropolitan Fire
Brigades Act 1958 are repealed.
(2) Sections 27(1A) and 27(1B) of the Metropolitan
Fire Brigades Act 1958 is repealed.
__________________
571126B.I-29/8/2012 77 BILL LA INTRODUCTION 30/8/2012
Fire Services Property Levy Bill 2012
Part 9--Amendment of Valuation of Land Act 1960
s. 111
PART 9--AMENDMENT OF VALUATION OF LAND ACT
1960
111 Amendment of section 2--Definitions
See: (1) Insert the following definitions in section 2(1) of
Act No.
5 6653. the Valuation of Land Act 1960--
Reprint No. 13
as at "AVPCC means an Australian Valuation Property
19 May 2011
and
Classification Code;
amending
Act No. collection agency has the same meaning as it has
69/2011. in section 3 of the Fire Services Property
LawToday:
10 www. Levy Act 2012;
legislation.
vic.gov.au collection agency general valuation means a
general valuation that a Council is causing or
has caused to be made for non-rateable
leviable land that is not located in a
15 municipal district;
fire services property levy has the same meaning
as levy has in section 3 of the Fire Services
Property Levy Act 2012;
leviable land has the same meaning as it has in
20 section 3 of the Fire Services Property
Levy Act 2012;
non-rateable leviable land has the same meaning
as it has in section 3 of the Fire Services
Property Levy Act 2012;
25 rateable land has the same meaning as it has in
section 3(1) of the Local Government Act
1989;
valuation authority, in relation to non-rateable
leviable land, means--
30 (a) the relevant collection agency under
section 13F; or
(b) if the collection agency has nominated
the valuer-general under section 13G to
cause general valuations to be made--
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Part 9--Amendment of Valuation of Land Act 1960
s. 111
(i) in respect of the municipal district
in which it is council; or
(ii) in respect of land not located in a
municipal district where it has
5 been directed by the Minister
administering the Fire Services
Property Levy Act 2012 to be the
collection agency--
the valuer-general;
10 (c) if the Minister has directed the valuer-
general to cause a valuation of non-
rateable leviable land to be made--the
valuer-general;
Valuation Best Practice Specifications
15 Guidelines means the guidelines prepared by
the valuer-general at the commencement of
every biennial revaluation and published on
the valuer-general's Internet site;".
(2) In section 2(1) of the Valuation of Land Act
20 1960, in the definition of general valuation, after
"an area" insert "or a valuation of all the non-
rateable leviable land under Part IIA for which a
rating authority is responsible for valuing whether
or not the land is in the area of the rating
25 authority".
(3) In section 2(1) of the Valuation of Land Act
1960, for the definition of valuer-general general
valuation substitute--
"valuer-general general valuation means a
30 general valuation that the valuer-general is
causing or has caused to be made for--
(a) a relevant municipal district;
(b) non-rateable leviable land that is not
located in a municipal district.".
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Part 9--Amendment of Valuation of Land Act 1960
s. 111
(4) After section 2(3) of the Valuation of Land Act
1960 insert--
"(3A) If it is necessary to determine the capital
improved value or site value of any non-
5 rateable leviable land in respect of which the
fire services property levy is to be levied, but
which forms part of a larger property, the
capital improved value and site value of each
part are as nearly as practicable the sum
10 which bears the same proportion to the
capital improved value and site value of the
whole property as the estimated annual value
of the portion bears to the estimated annual
value of the whole property.".
15 (5) In section 2(4) of the Valuation of Land Act
1960, for "(3) applies" substitute "(3) or (3A)
applies (as appropriate)".
(6) In section 2(5) of the Valuation of Land Act
1960, after "rateable land" insert "or non-rateable
20 leviable land (as appropriate)".
(7) In section 2(6) of the Valuation of Land Act
1960--
(a) for "or the Local Government Act 1989"
substitute ", the Local Government Act
25 1989 or the Fire Services Property Levy
Act 2012,";
(b) after "rateable land" insert "or non-rateable
leviable land".
(8) In section 2(8) of the Valuation of Land Act
30 1960--
(a) for "or the Local Government Act 1989"
substitute ", the Local Government Act
1989 or the Fire Services Property Levy
Act 2012,";
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Part 9--Amendment of Valuation of Land Act 1960
s. 112
(b) after "rateable land" insert "or non-rateable
leviable land".
(9) In section 2(9) of the Valuation of Land Act
1960--
5 (a) after "the Local Government Act 1989"
insert ", the Fire Services Property Levy
Act 2012";
(b) after "rateable land" insert "or non-rateable
leviable land".
10 (10) In section 2(10) of the Valuation of Land Act
1960, for "or the Local Government Act 1989"
substitute ", the Local Government Act 1989 or
the Fire Services Property Levy Act 2012".
112 Amendment of section 5--Functions of valuer-
15 general
In section 5(1)(ab) of the Valuation of Land Act
1960 after "councils" insert "or collection
agencies or as directed by the Minister under
Part IIA".
20 113 Amendment of section 6--Participation in general
valuations made by a valuation authority
(1) In section 6(1)(b) of the Valuation of Land Act
1960, after "council general valuation" insert "or
a collection agency general valuation".
25 (2) In section 6(4) of the Valuation of Land Act
1960, after "council general valuation" insert "or
a collection agency general valuation".
114 Amendment of section 7--Requirement to confer
with valuer-general
30 (1) In section 7 of the Valuation of Land Act 1960
after "council general valuation" insert "or
collection agency general valuation".
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(2) In section 7 of the Valuation of Land Act 1960
for "for the purpose of any rate of another rating
authority, the area of which is in the relevant
municipal district" substitute--
5 "for the purpose of any rate or tax of another
rating authority, the area of which--
(d) is in the relevant municipal district; or
(e) is not located in the relevant municipal
district but is in respect of non-rateable
10 leviable land for which the council is
the collection agency.".
115 Amendment of section 7AA--Requirement to report
on council general valuation
(1) In the heading to section 7AA of the Valuation of
15 Land Act 1960, after "valuation" insert "and
collection agency general valuation".
(2) In section 7AA(1) of the Valuation of Land Act
1960, after "council general valuation" insert "or
a collection agency general valuation".
20 116 Amendment of section 7AB--Return of amended
council general valuation
(1) In the heading to section 7AB of the Valuation of
Land Act 1960, after "valuation" insert "or
collection agency general valuation".
25 (2) In section 7AB(2) of the Valuation of Land Act
1960--
(a) after "council general valuation" insert "or
collection agency general valuation";
(b) after "rate" insert "or fire services property
30 levy".
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117 Amendment of section 7AC--Assessment of council
general valuation by valuer-general
(1) In the heading to section 7AC of the Valuation of
Land Act 1960, after "valuation" insert "or
5 collection agency general valuation".
(2) In section 7AC(1) of the Valuation of Land Act
1960, after "council general valuation" insert "or
collection agency general valuation".
118 Amendment of section 7AE--Order where council
10 general valuation reported not generally true and
correct
(1) In the heading to section 7AE of the Valuation of
Land Act 1960, after "valuation" insert "or
collection agency general valuation".
15 (2) In section 7AE(1) of the Valuation of Land Act
1960, after "council general valuation" insert "or
a collection agency general valuation".
(3) For section 7AE(2)(a) of the Valuation of Land
Act 1960 substitute--
20 "(a) require a council to cause a new general
valuation to be made as soon as possible
on--
(i) in the case of a council general
valuation--all of the rateable land in
25 the whole or any part of the municipal
district on the basis or bases of value
assessed that are specified in the Order;
(ii) in the case of a collection agency
general valuation--all the non-rateable
30 leviable land in the whole or any part of
the area located outside the municipal
district of the Council for which the
Council is the collection agency on the
basis or bases of value assessed that are
35 specified in the Order; or".
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(4) In section 7AE(2)(b) of the Valuation of Land
Act 1960, after "council general valuation" insert
"or collection agency general valuation".
119 Amendment of section 7AF--Declaration where
5 general valuation certified true and correct
(1) In section 7AF(1)(b) of the Valuation of Land
Act 1960, after "council general valuation" insert
"or a collection agency general valuation".
(2) In section 7AF(2) of the Valuation of Land Act
10 1960, for "Part II" substitute "Parts II and IIA".
120 Amendment of sections 7AG and 7A--Restriction
on payment of valuers for general valuations
(1) In section 7AG(1) of the Valuation of Land Act
1960, after "a council" insert "or a collection
15 agency".
(2) In section 7A(1) of the Valuation of Land Act
1960, after "council general valuation" insert "or
a collection agency general valuation".
121 Amendment of section 7B--Council to provide
20 valuation to valuer-general
(1) In section 7B(1) of the Valuation of Land Act
1960, after "municipal district" insert "or non-
rateable land located outside the municipal
district.
25 (2) In section 7B(2)(b) of the Valuation of Land Act
1960, after "section 13DFA(1)" insert "or 13M
(as appropriate)".
122 Amendment of section 7C--Valuer-general to
maintain valuation record
30 In section 7C(1) of the Valuation of Land Act
1960--
(a) at the end of paragraph (c) for "Act."
substitute "Act; and";
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(b) after paragraph (c) insert--
"(d) all valuations provided to the valuer-
general under Part IIA.".
123 Amendment of section 8AA--Fees for copy of
5 valuation
(1) In section 8AA(1) of the Valuation of Land Act
1960, after "a council" insert "or a collection
agency".
(2) In section 8AA(1A) of the Valuation of Land
10 Act 1960--
(a) after "council" insert "or a collection
agency";
(b) after "11" insert "or 13H".
(3) In section 8AA(1B) of the Valuation of Land
15 Act 1960--
(a) after "council" insert "or a collection
agency";
(b) after "13DFB" insert "or 13N".
124 Amendment of section 13DC--Valuations generally
20 For section 13DC(1) of the Valuation of Land
Act 1960 substitute--
"(1) In every valuation for the purposes of the
Local Government Act 1989, each separate
occupancy on rateable land must--
25 (a) be computed at its net annual value, its
capital improved value and, if required
by a rating authority, its site value;
(b) be allocated an AVPCC based on the
Valuation Best Practice Specifications
30 Guidelines.".
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125 Amendment of section 13DF--Supplementary
valuation
After section 13DF(2)(k) of the Valuation of
Land Act 1960 insert--
5 "(l) if there has been an error made in the
AVPCC allocation given to the land,
discovery of which has given rise to a
change in the land use classification of the
land;".
10 126 New Part IIA inserted
After Part II of the Valuation of Land Act 1960
insert--
"PART IIA--VALUATIONS FOR FIRE
SERVICES PROPERTY LEVY ACT 2012
15 13E Application of Part
This Part applies to the valuation of non-
rateable leviable land by a collection agency.
13F Where council is valuation authority
Subject to section 13G, a collection agency
20 is the valuation authority in respect of--
(a) non-rateable leviable land in the
municipal district in which it is
Council; and
(b) non-rateable leviable land not located
25 in a municipal district if the Minister
administering the Fire Services
Property Levy Act 2012 has directed
that the Council be the collection
agency in respect of that land.
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13G Where valuer-general is valuation
authority
(1) A collection agency may nominate the
valuer-general to be the valuation
5 authority--
(a) in respect of non-rateable leviable land
located in the municipal district of the
nominating collection agency in which
it is the Council;
10 (b) in respect of non-rateable leviable land
that is not located in a municipal
district if the Minister administering the
Fire Services Property Levy Act 2012
has directed that the Council be the
15 collection agency in respect of that
land.
(2) On the making of a nomination under
subsection (1), the valuer-general has the
power to cause a valuation of all non-
20 rateable leviable land in the municipal
district of the council which has made the
nomination or in respect of non-rateable
leviable land in respect of which the council
has been directed to be the collection agency.
25 (3) A nomination under subsection (1) must be
made--
(a) to the valuer-general in writing; and
(b) by 30 June of the even calendar year
that immediately precedes the next
30 even calendar year in which a general
valuation is to be made.
(4) A nomination under subsection (1) continues
in force until the nomination is revoked in
accordance with subsection (5).
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(5) A nomination under subsection (1) may be
revoked by a council if the revocation is
made--
(a) in the same manner as the nomination
5 was made; and
(b) before 30 June of the even calendar
year that immediately precedes the next
even calendar year in which a valuation
is to be made; and
10 (c) in respect of a general valuation that
has not yet been caused to commence.
13H General valuation to be made every two
years
For the purposes of the Fire Services
15 Property Levy Act 2012, a valuation
authority must--
(a) cause a general valuation of non-
rateable leviable land to be made as at
1 January in every even calendar year;
20 and
(b) before 30 June that year, cause a
general valuation made in accordance
with paragraph (a)--
(i) to be returned to it; and
25 (ii) if the valuation authority is the
valuer-general--to be provided to
the relevant collection agency.
13I Minister may direct a general valuation of
non-rateable leviable land
30 (1) The Minister, after consultation with the
valuer-general, may direct a valuation
authority to cause a valuation of non-rateable
leviable land to be made as at, and returned
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before, dates other than those specified in
section 13H.
(2) The Minister may direct the valuer-general
to cause a valuation of non-rateable leviable
5 land to be made.
13J Council valuations
(1) A valuation authority, when making a
valuation under this Act for the purposes of
the Fire Services Property Levy Act 2012,
10 may appoint one or more people to carry out
the valuation.
(2) A valuation authority must not appoint a
person under subsection (1) unless the
person holds the qualifications or experience
15 specified from time to time by the Minister
by notice published in the Government
Gazette.
(3) If--
(a) a valuer who is qualified under
20 subsection (2) and acceptable to a
council, as valuation authority, is not
reasonably available to the council; and
(b) the valuer-general reasonably believes
it is necessary to do so--
25 the valuer-general, or a valuer nominated by
the valuer-general, may carry out valuations
for the council for a fee.
13K Valuations generally
(1) In every valuation for the purposes of the
30 Fire Services Property Levy Act 2012,
each separate occupancy on non-rateable
leviable land must--
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Part 9--Amendment of Valuation of Land Act 1960
s. 126
(a) be computed at its net annual value, its
capital improved value and, if required,
its site value; and
(b) be allocated an AVPCC based on the
5 Valuation Best Practice Specifications
Guidelines.
(2) In a general valuation, regard must be had to
every circumstance affecting the land at the
date the valuation is returned that, were it to
10 occur or come into existence subsequently,
would be a circumstance in which, under
section 13L(2), a supplementary valuation
could be made.
13L Supplementary valuation
15 (1) Despite anything in this or any other Act, a
person referred to in section 13J may carry
out a supplementary valuation for the
purposes of the Fire Services Property
Levy Act 2012.
20 (2) A supplementary valuation may be made in
any of the following circumstances--
(a) if any land which should be included in
the valuation then in force is not
included;
25 (b) if the value of the land is materially
altered by the approval of a planning
scheme under the Planning and
Environment Act 1987 or an
amendment to a planning scheme under
30 that Act, or by the granting, refusal or
cancellation of a permit under such a
scheme;
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(c) if by reason of the sale of lots, any land
in respect of which two or more
persons are liable to pay the fire
services property levy has been valued
5 together as non-rateable leviable land;
(d) if by reason of the purchase of non-
rateable leviable land or any other
cause, any land in respect of which only
one person is liable to pay the fire
10 services property levy has been valued
as if more than one person was liable to
pay the fire services property levy;
(e) if any land has become non-rateable
leviable land since the return of the
15 existing valuation;
(f) if by reason of--
(i) any building on the land being
included in the Heritage Register
established under the Heritage
20 Act 1995; or
(ii) any building ceasing to be
included in the Heritage Register
established under that Act; or
(iii) the issue of a permit under the
25 Heritage Act 1995 to remove,
demolish or alter a building
included in the Heritage Register
established under that Act or to
subdivide or develop any land--
30 the capital improved value, net annual
value or site value of that land has been
materially decreased or materially
increased;
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s. 126
(g) if by reason of the destruction or
removal of buildings or other
improvements on land by reason of any
physical changes of a permanent nature
5 to land or improvements or by the
making of roads or any other work of
man or by adverse natural causes, the
capital improved value, net annual
value or site value of that land has been
10 materially decreased;
(h) if any land or part of any land is
burdened by a covenant under
section 3A(1) of the Victorian
Conservation Trust Act 1972 or, if
15 upon variation or release of such a
covenant, the capital improved value,
net annual value or site value of that
land has been materially decreased or
materially increased;
20 (i) if by reason of the erection or
construction of buildings or other
improvements on land or by reason of
any physical changes of a permanent
nature to land or improvements or by
25 the making of roads or any other work
of man or by favourable natural causes,
the capital improved value, net annual
value or site value of that land has been
materially increased;
30 (j) if there has been a change in occupancy
which affects the net annual value of
the land;
(k) if by reason of the sale, transfer or
conveyance of any land or the transfer,
35 surrender or expiration of a lease of any
land there are on the land any of the
improvements described in
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s. 126
paragraph (b) of the definition of
improvements in section 2(1) which
were not made by the person who is the
owner or occupier of the land;
5 (l) if there has been an error made in the
AVPCC allocation given to the land,
discovery of which has given rise to a
change in the land use classification of
the land;
10 (m) if for any reason other than a reason
referred to in any of paragraphs (a) to
(l), the capital improved value--
(i) of any land specified by Order of
the Governor in Council published
15 in the Government Gazette; or
(ii) of the land in any area specified
by Order of the Governor in
Council published in the
Government Gazette--
20 is or is likely to have been materially
altered as a consequence of any Act,
proclamation, Order in Council,
regulation, by-law or local law;
(n) if any arithmetical error has been made
25 in calculating any valuation upon which
any fire services property levy is
payable or if by reason of any error in
describing the land or any matter
relating to the land or any
30 improvements to it, an incorrect
valuation has resulted.
(3) Any supplementary valuation when returned
and certified by the valuer-general under
section 13M must be treated as a part of the
35 valuation in force and has the effect of
cancelling anything contained in the existing
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Part 9--Amendment of Valuation of Land Act 1960
s. 126
valuation which is not consistent with the
supplementary valuation.
(4) Despite subsection (3), for the purposes of
the Fire Services Property Levy Act 2012,
5 the collection agency that caused the
supplementary valuation to be made may use
the supplementary valuation before it is
certified by the valuer-general.
(5) If a supplementary valuation has been made
10 in any of the circumstances referred to in
subsection (2) other than paragraph (e), the
amount of any fire services property levy
payable in relation to that land must be
calculated--
15 (a) for any period until the day of that
return--by reference to the existing
valuation; and
(b) from the day after that return for the
remainder of the period--upon the
20 supplementary valuation.
(6) If a supplementary valuation has been made
in any of the circumstances referred to in
subsection (2)(n), the collection agency may
adjust the fire services property levy payable
25 retrospectively for any period it considers
just.
(7) The valuer in making a supplementary
valuation must--
(a) have regard to the general levels of
30 value upon which the valuation in force
was based; and
(b) assess the value that the land to which
the supplementary valuation applies
would have had if at the time at which
35 the last valuation was made it had been
in the condition in which it is at the
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Part 9--Amendment of Valuation of Land Act 1960
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time of the making of the
supplementary valuation, having regard
to every circumstance which affects the
value of the land at the time of the
5 making of the supplementary valuation,
if it is a circumstance requiring the
making of a supplementary valuation of
the land under subsection (2).
(8) A person who is qualified or authorised to
10 make a supplementary valuation may delete
from a valuation return any entry for land if
the whole of the land has ceased to be
leviable land.
(9) The valuer must make entries on the return
15 showing every alteration made on
supplementary valuations or on an
adjustment or determination of VCAT or the
Supreme Court under Part III for as long as
the valuation remains in force.
20 13M Certification of supplementary valuation
(1) Within one month after returning a
supplementary valuation to the collection
agency, the valuer must submit a report of
the valuation in the prescribed form to the
25 valuer-general.
(2) If, after considering the report by the valuer,
the valuer-general is satisfied that the
supplementary valuation is correct, the
valuer-general must so certify in writing to
30 the collection agency.
(3) If, after considering the report by the valuer,
the valuer-general is not satisfied that the
supplementary valuation is correct, the
valuer-general must inform the valuer, who
35 must make a further supplementary valuation
in accordance with section 13L.
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Part 9--Amendment of Valuation of Land Act 1960
s. 126
(4) The valuer-general may at any time require
the valuer to give further information
concerning the supplementary valuation to
the valuer-general.
5 (5) If, within 2 months after receiving a report
on a supplementary valuation, the valuer-
general has not certified the valuation or
informed the valuer under subsection (3), the
valuer-general is deemed to have certified
10 the valuation at the end of that period.
(6) In calculating the period referred to in
subsection (5), any time between the time
when the valuer-general requires the valuer
to give him or her further information under
15 subsection (4) and the time when that
requirement is complied with is not to be
counted.
13N Valuation authority to make
supplementary valuation on behalf of
20 collection agency
(1) If the valuer-general is the valuation
authority, the valuer-general must cause a
supplementary valuation under section 13L
to be made if so requested by the collection
25 agency.
(2) A request by a collection agency under
subsection (1) must be made to the valuer-
general in writing.
13O Valuer's powers and duties
30 (1) A valuer must return valuations in the
prescribed form.
(2) Before any valuation and return is made the
person appointed to make it must make a
statutory declaration that the valuation and
35 return will be impartial and true to the best of
that person's judgment and will be made by
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Part 9--Amendment of Valuation of Land Act 1960
s. 127
that person or under that person's immediate
personal supervision.
13P Person may apply for valuation
(1) On written application by a person to the
5 relevant collection agency, the collection
agency must provide the person with a copy
of the most recent valuation of any non-
rateable leviable land.
(2) The copy must specify the date as at which
10 the value was assessed.
(3) Each application must be accompanied by
the prescribed fee for each area of land for
which a valuation is required.
__________________".
127 Amendment of section 15--Notice of valuation
15 (1) In section 15(5) of the Valuation of Land Act
1960--
(a) after "within" insert "or outside";
(b) after "municipal district" (where second
occurring) insert "or a tax levied by the
20 collection agency in respect of land outside
the municipal district".
(2) In section 15(6)(a) and (7) of the Valuation of
Land Act 1960, after "rate" insert "or tax".
(3) After section 15(9) of the Valuation of Land Act
25 1960 insert--
"(10) This section applies in respect of a general or
supplementary valuation made under
Part IIA.".
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Part 9--Amendment of Valuation of Land Act 1960
s. 128
128 Amendment of section 16--Who may object?
After section 16(8) of the Valuation of Land Act
1960 insert--
"(9) This section applies in respect of a general or
5 supplementary valuation made under
Part IIA.".
129 Amendment of section 17--Grounds for objection
In section 17(g) of the Valuation of Land Act
1960, after "of the land" insert "including the
10 AVPCC allocated to the land".
130 Amendment of section 19--Further limitation on
lodging objections if previous objection lodged
In section 19(1) of the Valuation of Land Act
1960, after "rateable land" insert "or leviable
15 land".
__________________
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Part 10--Consequential Amendment to Victorian Managed Insurance
s. 131
Authority Act 1996 and Repeal
PART 10--CONSEQUENTIAL AMENDMENT TO
VICTORIAN MANAGED INSURANCE AUTHORITY ACT
1996 AND REPEAL
Division 1--Consequential amendment
5 131 Amendment of Victorian Managed Insurance
Authority Act 1996
Section 7(4) of the Victorian Managed See:
Act No.
Insurance Authority Act 1996 is repealed. 11/1996.
Reprint No. 3
as at
1 July 2006
and
amending
Act Nos
80/2006 and
43/2008.
LawToday:
www.
legislation.
vic.gov.au
Division 2--Repeal
10 132 Repeal
(1) Division 2 of Part 6, Part 9 and Division 1 of this
Part are repealed on 1 July 2014.
(2) Parts 7 and 8 and this Part are repealed on 1 July
2016.
15 Note
The repeal of Division 2 of Part 6 and Parts 7, 8, 9 and 10 does
not affect the operation of the amendments made by those Parts
(see section 15(1) of the Interpretation of Legislation Act 1984).
__________________
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Part 11--Further Amendment of Essential Services Commission Act 2001
s. 133
and Related Repeals
PART 11--FURTHER AMENDMENT OF ESSENTIAL
SERVICES COMMISSION ACT 2001 AND RELATED
REPEALS
133 Repeal of Division 1 of Part 6
5 Division 1 of Part 6 is repealed.
134 Amendment of section 10--Functions of the
Commission
Section 10(la) of the Essential Services
Commission Act 2001 is repealed.
10 135 Amendment of section 38--Restriction on disclosure
of confidential information
(1) In section 38(1)(a) of the Essential Services
Commission Act 2001--
(a) for "or" after subparagraph (ii) substitute
15 "and";
(b) subparagraph (iii) is repealed.
(2) In section 38(2)(c)(iii) of the Essential Services
Commission Act 2001 omit "or section 91 of the
Fire Services Property Levy Act 2012".
20 (3) In section 38(3)(c) of the Essential Services
Commission Act 2001 omit "or section 91(3) of
the Fire Services Property Levy Act 2012".
136 Repeal
This Part is repealed on 31 December 2017.
25 Note
The repeal of this Part does not affect the operation of the
amendments made by this Part (see section 15(1) of the
Interpretation of Legislation Act 1984).
__________________
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Sch
SCHEDULE
Section 15
AVPCC ALLOCATION
Item Land use
number classification AVPCC
1 Residential 100-108, 110-130, 132, 134-199,
729, 742
2 Commercial 131, 133, 202-208, 210-299, 656, 657,
669-672, 674, 675, 684, 687-688, 690,
696, 711, 715, 803-816, 818-820, 822,
823, 825, 827-828
3 Industrial 303-399, 400-481, 483-499,
602-612, 615-623, 626-637,
639-644, 647-649, 659, 661-664,
666-667, 673, 676-679, 681-683,
685, 689, 691, 693-694, 697-699
4 Primary Production 500-599
5 Public Benefit 686, 707-710, 712-714, 716-728,
730-741, 743-781, 783-799, 817,
821, 824, 826, 829-899, 900-999
6 Vacant 200-201, 300-301, 482, 600-601,
700-706, 782, 800-802
7 Exempt 109, 209, 302, 613-614, 624-625, 638,
645-646, 650-655, 658, 660, 665, 668,
680, 692, 695
Note
5 An AVPCC that has a decimal place is to be treated as a whole number
rounded down to the nearest whole number.
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Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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