Victorian Numbered Acts

FIRE SERVICES PROPERTY LEVY ACT 2012 (NO. 58 OF 2012) - SECT 12

    (1)     On or before 31 May each year, the Minister may determine and specify, by notice published in the Government Gazette, the levy rates for the next levy year.

    (2)     In determining the levy rates under subsection (1), the Minister must have regard to—

        (a)     in the case of the levy rates for the 2013−2014 levy year—

              (i)     the annual funding requirements of the MFB, for which the State will contribute 12·5% and the levy will fund 87·5%, as determined under section 37 of the Metropolitan Fire Brigades Act 1958 ; and

              (ii)     the annual funding requirements of the CFA, for which the State will contribute 22·5% and the levy will fund 77·5%, as determined under section 76 of the Country Fire Authority Act 1958 ; and
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              (iii)     any transitional costs associated with the introduction of the levy; and

              (iv)     the administrative costs of collection agencies in performing functions under this Act; and

              (v)     any other matter the Minister considers is relevant to the proper determination of the levy rates;

        (b)     in the case of the levy rates for each levy year subsequent to the 2013−2014 levy year—

              (i)     the funding requirements of the MFB and CFA in the levy year in which a determination under subsection (1) is to be made and any likely changes to the funding requirements of the MFB and CFA in the following levy year; and

              (ii)     any surplus financial assets for the MFB and CFA; and

              (iii)     any shortfall in the collection of the levy; and

              (iv)     the administrative costs of collection agencies in performing functions under this Act; and

              (v)     any other matter the Minister considers is relevant to the proper determination of the levy rates.

    (3)     For the purposes of subsections (2)(a)(iv) and (2)(b)(iv), the Minister may consult persons who the Minister reasonably believes represent the interests of a collection agency in the performance of the functions of a collection agency under this Act.

    (4)     Subject to subsection (2), a determination of the Minister under this section is in his or her absolute discretion.

    (5)     A determination made by the Minister under this section is a non-reviewable decision.