Victorian Current Acts

FIRE SERVICES PROPERTY LEVY ACT 2012

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  
   3.      Definitions  
   4.      Meaning of owner  
   5.      Meaning of non-reviewable in relation to certain determinations or decisions  
   6.      Act binds the Crown  

   PART 2--THE FIRE SERVICES PROPERTY LEVY

   7.      What is the fire services property levy?  
   8.      Property that is subject to the levy  
   9.      Assessment of levy and apportionment of levy in specified circumstances  
   9A.     Single farm enterprise exemption  
   10.     Land that is not subject to the levy  
   11.     Amount of fixed charge determined by land use classification  
   12.     Determination of levy rates  
   13.     Levy rates may be based on location and land use classification  
   14.     Levy rates based on location of leviable land  
   15.     Levy rates based on land use classification of leviable land  
   16.     Use of valuations  
   17.     Calculating the levy amount payable  
   18.     Minister may specify maximum levy amount payable  
   19.     Liability to pay levy  
   20.     Councils to pay only fixed charge in respect of specified leviable land  

   PART 3--COLLECTION OF LEVY BY COLLECTION AGENCY

           Division 1--Appointment, functions and general powers

   21.     Appointment, functions and powers of a collection agency under this Act  
   22.     Further powers of collection agencies  
   23.     Authorised officers  
   24.     Levy records to be kept by a collection agency  

           Division 2--Levy collection by collection agencies

   25.     Levy assessment notice  
   26.     Payment of levy amount  
   27.     Deferred payments and waiver in respect of rateable leviable land  
   28.     Deferred payments and waiver in respect of non-rateable leviable land that is classified residential  
   29.     Concessions  
   30.     Collection agency must charge levy interest on unpaid levy amount  
   31.     Joint liability to pay levy  
   31A.    Land becoming or ceasing to be leviable land  
   32.     Person acquiring leviable land  
   33.     Collection agency may require occupier to pay rent  
   34.     Recovery of levy not affected by objection, review or appeal  
   35.     Unpaid levy amount  
   36.     Refund of amounts overpaid  
   37.     Levy amounts and levy interest collected by collection agency to be separately accounted for  
   38.     Cancellation of assessment of liability to pay levy amount made in error  
   39.     Revised assessment of liability to pay levy amount  

           Division 3--Collection agency returns and payment of levy to Commissioner

   40.     Returns to be submitted to the Commissioner  
   41.     Payment of collected levy to Commissioner  

   PART 4--COMMISSIONER OVERSIGHT

           Division 1--Administration of Part

   42.     Administration  
   43.     Authorised officers  
   44.     Identity cards for authorised officers performing functions under this Part  
   45.     Delegation  
   46.     Provision of staff  
   47.     Use of consultants and contractors  

           Division 2--Role of, and functions and powers of, Commissioner

   48.     Functions and powers of the Commissioner under this Act  
   49.     Commissioner to keep proper accounts  
   50.     Levy paid into Consolidated Fund on receipt by Commissioner  
   51.     Minister may request the Commissioner to investigate collection costs of collection agencies  
   52.     Commissioner to pay fees to collection agencies following determination by Minister  
   53.     Power of Commissioner under this Part  

           Division 3--Investigative powers

   54.     Power of investigation  
   55.     Power of entry, search and inspection  
   56.     Search warrant  
   57.     Announcement before entry  
   58.     Copy of warrant to be given to occupier  
   59.     Protection against self-incrimination  
   60.     Access to public records without fee  

           Division 4--Miscellaneous provisions

   61.     Means of payment by collection agencies  
   62.     Appropriation of Consolidated Fund  
   63.     Legal proceedings in Commissioner's name  

   PART 5--SECRECY AND GENERAL PROVISIONS

           Division 1--Secrecy

   64.     Prohibition on certain disclosures of information by authorised persons  
   65.     Permitted disclosures to particular persons  
   66.     Permitted disclosures of a general nature  
   67.     Permitted disclosure that may identify a particular person  
   68.     Prohibition on secondary disclosure of information  
   69.     Further restrictions on disclosure  

           Division 2--General

   70.     Collection agency fees for levy functions determined by Minister  
   71.     Alteration of levy records  
   72.     Minister may issue directions  
   73.     Delegation by Minister  
   74.     Minister may request suspension of Council  

           Division 3--Service

   75.     Service on a collection agency  
   76.     Service on a person by a collection agency  
   77.     Evidence of service  
   78.     Service of documents on Commissioner  
   80.     Service of documents by Commissioner  
   81.     Service on a person by the Commissioner  

           Division 4--Miscellaneous

   82.     Obstructing collection agency  
   83.     Regulations  
   84.      Supreme Court—Limitation of jurisdiction  
           SCHEDULE
           ENDNOTES