(1) For the purposes
of this Division, subsections (1A) to (1H) apply in relation to rateable
property and its ownership and occupation.
(1A) Section 4.30
applies even if part of the rateable property is situated in another district.
(1B) If an enrolment
eligibility claim is made in respect of rateable property situated partly in
one ward and partly in another ward or wards, it is to be regarded for the
purposes of that claim as being in —
(a) the
ward nominated by the owner or occupier making the claim; or
(b) if
no nomination is made, the ward determined by the CEO.
(1C) A person occupies
rateable property if, and only if, the person has a right of continuous
occupation under a lease, tenancy agreement or other legal instrument.
(1CA) Regulations may
provide that, despite subsection (1C), a person is not to be regarded as
occupying rateable property unless prescribed requirements (in addition to the
requirement of subsection (1C)) are met.
(1CB) The requirements
that may be prescribed for the purposes of subsection (1CA) include (without
limitation) the following —
(a)
requirements relating to whether any person is enrolled, or is regarded under
section 4.29(2) as being enrolled, as an elector for the Legislative Assembly
in respect of a residence that is the rateable property;
(b)
other requirements relating to the current, past or future ownership,
occupation or use of the rateable property.
(1D) A reference to
the occupation of rateable property includes a reference to the occupation of
—
(a) a
separate building or portion of a building on the rateable property; or
(b) some
other separate and distinguishable portion of the rateable property.
(1E) If more than 2
people own rateable property in conjunction with each other, the owners are
whichever 2 of those people who, being eligible under section 4.30(1)(a), are
nominated as owners by all or a majority of those people.
(1F) If more than 2
people occupy rateable property in conjunction with each other, the occupiers
are whichever 2 of those people who, being eligible under section 4.30(1)(a),
are nominated as occupiers by all or a majority of those people.
(1G) If a body
corporate owns or occupies rateable property, the owners or occupiers are 2
people who, being eligible under section 4.30(1)(a), are nominated as owners
or occupiers by the body corporate.
(1H) A nomination
under subsection (1E), (1F) or (1G) applies in respect of any and all other
rateable property in the district that is owned or occupied by the people or
body corporate concerned.
(2) Regulations may
include provisions about how nominations under subsections (1) to (1H) are
made and how long they remain in effect.
[Section 4.31 amended: No. 19 of 2010 s. 51; No.
11 of 2023 s. 29.]