Victorian Current Acts Victorian Current ActsS. 172(1) amended by No. 30/2022 s. 10(1).
(1) Subject to subsection (1A), a Council may require a person to pay interest on any amounts of rates and charges—
(a) which that person is liable to pay; and
S. 172(1)(b) amended by No. 22/1992 s. 15(d), substituted by Nos
27/1997
s. 13(1), 30/2022 s. 10(2).
(b) which have not been paid—
(i) by the date specified for payment under section 167; or
(ii) in the case of a late notice, by the date specified for payment under section 158(4B); or
(iii) in the case of a payment plan instalment, by the date specified in the payment plan.
S. 172(1A) inserted by No. 30/2022 s. 10(3).
(1A) Interest must not be charged on any component of an unpaid amount that is interest already charged under this Act.
S. 172(2) amended by No. 78/1991 s. 8(1), substituted by No.
27/1997
s. 13(2).
(2) The interest—
S. 172(2)(a) amended by No. 30/2022 s. 16.
(a) is to be calculated at or below the rate fixed by the Minister under section 172A(1) that applied on the first day of July immediately before the due date for the payment; and
(b) becomes payable—
(i) if the payment was payable in instalments only, on and from the date on which the missed instalment was 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 the relevant subsequent missed instalment was due; or
S. 172(2)(b)(iii) substituted by No. 63/2012 s. 22.
(iii) if the payment was payable either in instalments or in a lump sum, and neither the first instalment nor the lump 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 was due; and
(c) continues to be payable until the payment or the recovery of the rates or charges.
S. 172(2A) inserted by No. 78/1991 s. 8(2), substituted by No.
27/1997
s. 13(2).
(2A) The Council may continue to require a person to pay interest in accordance with this section after it obtains a court order requiring the payment of the rates and charges payable (but only until the payment or the recovery of the rates or charges).
S. 172(2B)(2C) inserted by No. 78/1991 s. 8(2), repealed by No.
27/1997
s. 13(2).
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(3) A Council may exempt any person from paying the whole or part of any interest either generally or specifically.
(4) A Council may recover interest due to it on rates and charges in the same way as it may recover the rates or charges.
S. 172A inserted by No. 30/2022 s. 17.