Western Australian Current Acts

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LOCAL GOVERNMENT ACT 1995 - SECT 6.51

6.51 .         Accrual of interest on overdue rates or service charges

        (1)         A local government may at the time of imposing a rate or service charge resolve* to impose interest (at the rate set in its annual budget) on —

            (a)         a rate or service charge (or any instalment of a rate or service charge); and

            (b)         any costs of proceedings to recover any such charge,

                that remains unpaid after becoming due and payable.

        * Absolute majority required.

        (2)         The rate of interest that may be set by the local government under this section is not to exceed the rate for the time being prescribed as the maximum rate of interest that may be set for the purposes of this section.

        (3)         Accrued interest is, for the purpose of its recovery, taken to be a rate or service charge, as the case requires, that is due and payable.

        (4)         If a person is entitled under the Rates and Charges (Rebates and Deferments) Act 1992 or under this Act (if the local government in a particular case so resolves) to a rebate or deferment in respect of a rate or service charge —

            (a)         no interest is to accrue in respect of that rate or service charge payable by that person; and

            (b)         no additional charge is to be imposed under section 6.45(3) on that person.

        (5)         Regulations may provide for the method of calculation of interest.

        [Section 6.51 amended: No. 1 of 1998 s. 21(1); No. 49 of 2004 s. 62.]

        [Section 6.51 modified: SL 2020/57 1M .]



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