Western Australian Current Acts Western Australian Current Acts (1) If a person holds
an estate in fee simple in possession in land, a strata lease as defined in
the Strata Titles Act 1985 or a relevant interest in land, the land shall, for
the purposes of this Act, be treated as belonging to that person —
(a)
whether or not that person is an eligible person; and
(b)
whether or not the estate or interest is held by the person solely or is held,
together with another person or other persons, as a joint tenancy, a tenancy
in common or in some other manner.
(2) Where land belongs
to an applicant who —
(a)
occupies the land, or a part of it, as his or her ordinary place of residence;
and
(b) is
an eligible person,
the extent of the
entitlement of the applicant as regards the land shall, subject to this Act,
be registered.
(3) Where land is to
be treated as belonging to an applicant or registered person, but that person
is not the sole holder of the estate or interest or the sole use of the land
is not as the ordinary place of residence of that person —
(a) the
extent of the entitlement which is to be, or is, registered; and
(b) any
apportionment of the rebate —
(i)
calculated in such a manner as to reflect the extent of
that entitlement, as required by section 40(4); or
(ii)
according to the extent of the use of the land for other
purposes, as required by section 28(2),
shall, subject to
subsections (4), (5) and (5a) of this section, be determined by the
administrative authority in accordance with section 28 and, where it applies,
section 31(3).
(4) Where the whole of
any land is occupied by an applicant or registered person as his or her
ordinary place of residence together with a person to whom the land does not
belong, the fact that the land is also occupied by that other person shall not
be taken into account.
(5) For the purpose of
determining whether any land belongs to an applicant or a registered person
liable to pay a prescribed charge on the land, where —
(a) the
land comprises or includes; or
(b) a
relevant interest in the land relates to,
the ordinary place of
residence in which both that person and the spouse or de facto partner of that
person live together, any entitlement as regards the land which is held by the
spouse or de facto partner shall be taken into account as if it were the
entitlement of that person, even if entitlements as regards the land have been
separately registered under this Act in the respective names of that person
and of the spouse or de facto partner.
(5a) Where land is
taken under section 30(2) to be wholly occupied as an ordinary place of
residence of a person, and that person is not the sole holder of an estate or
interest in the land, the administrative authority must —
(a)
determine any entitlement, and any rebate allowable, as if that person were
the sole holder of an estate or interest in the land; and
(b)
apportion the rebate on the basis set out in the procedural manual.
(6) That any estate or
interest in land is held, whether or not together with other persons, by a
person who seeks to be allowed a rebate or to defer payment in respect of a
prescribed charge does not of itself confer on a person any
“entitlement” for the purposes of this Act unless the nature and
extent of it has, under this Act, been determined and is registered.
[Section 27 inserted: No. 25 of 1993 s. 6;
amended: No. 28 of 2003 s. 168; No. 31 of 2006 s. 33; No. 30 of 2018 s. 174.]