Western Australian Numbered Acts Western Australian Numbered Acts (1) At the end of
section 4.31(1E) insert:
Notes for this subsection:
1. In cases involving
1 or more bodies corporate, this subsection interacts with
subsection (1G) in accordance with subsections (1GB), (1GC) and
(1GD).
2. See also
example 1 at the end of this section.
(2) At the end of
section 4.31(1F) insert:
Notes for this subsection:
1. In cases involving
1 or more bodies corporate, this subsection interacts with
subsection (1G) in accordance with subsections (1GB), (1GC) and
(1GE).
2. See also
example 2 at the end of this section.
(3) Delete
section 4.31(1G) and insert:
(1G) If a body
corporate owns or occupies rateable property, the owners or occupiers are 2
people each of whom —
(a) is
an officer or employee of the body corporate; and
(b) is
eligible under section 4.30(1)(a); and
(c) is
nominated as an owner or occupier by the body corporate.
(1GA) In subsection (1G)(a) —
officer , in relation to a body corporate, means
any of the following —
(a) a
director of the body corporate or other member of its governing body;
(b) the
chief executive officer, or equivalent, of the body corporate;
(c) the
secretary, or equivalent, of the body corporate.
(1GB) Subsections (1GC) to (1GE) apply
if —
(a)
rateable property is owned or occupied by 2 or more persons in conjunction
with each other; and
(b) 1 or
more of those persons is a body corporate.
Note for this subsection:
See examples 1
and 2 at the end of this section.
(1GC) Subsection (1G) must be applied to the
body corporate or, if there is more than 1 body corporate, to each body
corporate separately (before subsection (1E) or (1F) (as the case
requires) is applied to the rateable property).
Note for this subsection:
See examples 1
and 2 at the end of this section.
(1GD) In the case of ownership, for the purposes
of subsection (1E), the people who own the rateable property in
conjunction with each other —
(a) do
not include the body corporate or the bodies corporate; but
(b)
include any nominee of the body corporate, or of any of the bodies corporate,
who is an owner of the rateable property under subsection (1G).
Note for this subsection:
See example 1 at
the end of this section.
(1GE) In the case of occupation, for the purposes
of subsection (1F), the people who occupy the rateable property in
conjunction with each other —
(a) do
not include the body corporate or the bodies corporate; but
(b)
include any nominee of the body corporate, or of any of the bodies corporate,
who is an occupier of the rateable property under subsection (1G).
Note for this subsection:
See example 2 at
the end of this section.
(4) At the end of
section 4.31 insert:
Examples for this section:
1. The following is an
example of the way in which subsection (1E) interacts with
subsection (1G) in accordance with subsections (1GB), (1GC) and
(1GD).
(a)
Rateable property is owned by 2 persons in conjunction with each other.
(b) Each
of the persons is a body corporate.
(c)
Under subsection (1G), each body corporate separately nominates 2 people
to be owners of the rateable property.
(d)
Under subsection (1E), the 4 people nominated under subsection (1G)
nominate 2 of their number to be owners of the rateable property.
(e) The
2 people nominated under subsection (1E) may make an enrolment
eligibility claim under section 4.32 on the basis of ownership of the
rateable property.
2. The following is an
example of the way in which subsection (1F) interacts with
subsection (1G) in accordance with subsections (1GB), (1GC) and
(1GE).
(a)
Rateable property is occupied by 2 persons in conjunction with each other.
(b) Each
of the persons is a body corporate.
(c)
Under subsection (1G), each body corporate separately nominates 2 people
to be occupiers of the rateable property.
(d)
Under subsection (1F), the 4 people nominated under subsection (1G)
nominate 2 of their number to be occupiers of the rateable property.
(e) The
2 people nominated under subsection (1F) may make an enrolment
eligibility claim under section 4.32 on the basis of occupation of the
rateable property.