Victorian Current Acts Victorian Current Acts(1) In this Act—
"car park" means premises or part of premises in the levy area that contain one or more parking spaces;
S. 3(1) def. of category 1 levy area inserted by No. 34/2014 s. 3(a).
category 1 levy area has the meaning given in Schedule 1;
S. 3(1) def. of category 2 levy area inserted by No. 34/2014 s. 3(a).
category 2 levy area has the meaning given in Schedule 1;
CPI adjusted levy has the meaning given in section 11 ;
S. 3(1) def. of domestic partner inserted by No. 68/2007 s. 3(1), substituted by No. 4/2009 s. 37(Sch. 1 item 5.1).
"domestic partner" of a person means—
(a) a person who is in a registered domestic relationship with the person; or
(b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);
"exempt parking space" means a parking space declared by or under Part 4 to be an exempt parking space;
S. 3(1) def. of GST inserted by No. 68/2007 s. 3(1).
"GST" has the same meaning as it has in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth except that it includes notional GST of the kind for which payments may be made under Part 3 of the National Taxation Reform (Consequential Provisions) Act 2000 by a person that is a State entity within the meaning of that Act;
S. 3(1) def. of leviable parking space amended by No. 41/2013 s. 4(1)(a).
"leviable parking space" means a parking space in a car park that is not an exempt parking space;
"levy" means the levy imposed by section 8;
S. 3(1) def. of levy area substituted by No. 34/2014 s. 3(b).
"levy area" means the area described in Schedule 1, comprising the category 1 levy area and the category 2 levy area;
"levy year" means a year for which the levy is being assessed;
S. 3(1) def. of long stay parking space repealed by No. 41/2013 s. 4(1)(b).
* * * * *
"motor vehicle" does not include a motor cycle;
"operator" of a public car park means a person who is not the owner of the premises on which the car park is situated but who operates the car park under a lease, licence or other arrangement;
"owner" of premises means—
(a) a person who holds a freehold interest in the land on which the premises are situated;
(b) if the premises are on Crown land—
(i) if the land is unalienated Crown land—the Crown;
(ii) if the Crown has granted a lease or licence over the land—the lessee or licensee of the land;
"parking space" means—
(a) a space set aside for the parking of a motor vehicle, whether or not the space is used for the parking of a motor vehicle and whether or not the space is permanently delineated as such; or
(b) a space used for the parking of a motor vehicle, whether or not the space is permanently delineated as such—
but does not include a space that is part of the carriageway of any street, road or lane open to or used by the public;
"premises" includes vacant land;
"private car park" means a car park or part of a car park that is not a public car park;
"public car park" means a car park the predominant number of parking spaces in which are set aside for, or used by, the general public, whether on a casual basis or under any kind of longer-term arrangement, but does not include part of a car park determined by the Commissioner under subsection (2) not to be a public car park;
S. 3(1) def. of relative inserted by No. 68/2007 s. 3(1).
"relative", in relation to a person, means—
(a) a spouse or domestic partner of the person;
(b) a lineal ancestor or lineal descendant of the person or of the spouse or domestic partner of the person;
(c) a brother or sister of the person or of the spouse or domestic partner of the person;
(d) a spouse or domestic partner of a person in paragraph (b) or (c);
(e) a child of a brother or sister of the person or of the spouse or domestic partner of the person;
(f) a brother or sister of a parent of the person or of the spouse or domestic partner of the person;
S. 3(1) def. of spouse inserted by No. 68/2007 s. 3(1).
"spouse" of a person means a person to whom the person is married;
"working day" means a day other than a Saturday, a Sunday or a public holiday appointed under the Public Holidays Act 1993 ;
S. 3(1) def. of Yarra Park Reserve inserted by No. 34/2014 s. 3(a).
"Yarra Park Reserve" has the same meaning as in the Melbourne (Yarra Park) Land Act 1980 ;
"year" means a calendar year.
(2) The Commissioner may determine that part of a car park is not a public car park for the purposes of this Act if satisfied that the part is set aside or used for parking by an owner or a tenant of the premises on which the car park is situated.
S. 3(3) inserted by No. 68/2007 s. 3(2), substituted by No. 4/2009 s. 37(Sch. 1 item 5.2).
(3) For the purposes of the definition of domestic partner in subsection (1)—
(a) "registered domestic relationship" has the same meaning as in the Relationships Act 2008 ; and
(b) in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.
S. 4 repealed by No. 41/2013 s. 4(2).
* * * * *