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This is a Bill, not an Act. For current law, see the Acts databases.


RATES AND CHARGES (REBATES AND DEFERMENTS) AMENDMENT BILL 2013

                      Western Australia


Rates and Charges (Rebates and Deferments)
           Amendment Bill 2013

                          Contents

  1.    Short title                                            2
  2.    Commencement                                           2
  3.    Act amended                                            3
  4.    Section 3 amended                                      3
  5.    Section 7 amended                                      4
  6.    Section 32 amended                                     4
  7.    Section 32A amended                                    5
  8.    Section 33 amended                                     8
  9.    Section 37 amended                                     8
  10.   Section 40 amended                                     8
  11.   Section 41 amended                                    10
  12.   Section 42 amended                                    11
  13.   Section 44 amended                                    12
  14.   Schedule 1 Division 2 inserted                        13
        Division 2 -- Provision for Rates and Charges
               (Rebates and Deferments) Amendment
               Act 2013
        2.        If the Amendment Act commences after
                  1 July 2013                            13




                           6--1B                               page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY


  Rates and Charges (Rebates and Deferments)
             Amendment Bill 2013

                               A Bill for


An Act to amend the Rates and Charges (Rebates and Deferments)
Act 1992.



The Parliament of Western Australia enacts as follows:




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     Rates and Charges (Rebates and Deferments) Amendment Bill 2013



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1    1.       Short title
2             This is the Rates and Charges (Rebates and Deferments)
3             Amendment Act 2013.

4    2.       Commencement
5             This Act comes into operation as follows --
6              (a) sections 1 and 2 -- on the day on which this Act
7                    receives the Royal Assent (assent day);
8              (b) the rest of the Act, other than section 4(3) and (4) --
9                       (i) if this Act receives the Royal Assent on or before
10                          1 July 2013 -- on 1 July 2013;
11                     (ii) otherwise -- on assent day;
12             (c) section 4(3) --
13                      (i) if the Water Services Legislation Amendment and
14                          Repeal Act 2012 section 112 (section 112) comes
15                          into operation on or before the day on which
16                          section 4(1) of this Act comes into operation --
17                          immediately after section 4(1) of this Act comes
18                          into operation;
19                     (ii) otherwise -- when section 112 comes into
20                          operation;
21             (d) section 4(4) --
22                      (i) if the Water Services Legislation Amendment and
23                          Repeal Act 2012 section 226(3) (section 226(3))
24                          comes into operation on or before the day on
25                          which section 4(1) of this Act comes into
26                          operation -- immediately after section 4(1) of
27                          this Act comes into operation;
28                     (ii) otherwise -- when section 226(3) comes into
29                          operation.




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                Rates and Charges (Rebates and Deferments) Amendment Bill 2013



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1    3.          Act amended
2                This Act amends the Rates and Charges (Rebates and
3                Deferments) Act 1992.

4    4.          Section 3 amended
5         (1)    In section 3(1) insert in alphabetical order:
6

7                       final payment day for a Water Corporation charge, in
8                       relation to a person, means --
9                         (a) the 50th day after the date of the notice
10                              requiring payment for that charge; or
11                        (b) a day, determined by the Water Corporation in
12                              relation to the person, that is after the day
13                              referred to in paragraph (a) but not more than
14                              70 days after that day;
15                      Water Corporation means the Water Corporation
16                      established by the Water Corporation Act 1995
17                      section 4(1);
18                      Water Corporation charge means a charge referred to
19                      in paragraph (b)(ii) of the definition of prescribed
20                      charge, made by the Water Corporation;
21

22        (2)    In section 3(1) in the definition of entitlement delete "Act
23               throughout the charged period;" and insert:
24

25               Act;
26

27        (3)    In section 3(1) in the definition of Water Corporation delete
28               "Water Corporation Act 1995" and insert:
29

30               Water Corporations Act 1995
31



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1         (4)    In section 3(1) in the definition of Water Corporation charge
2                delete "paragraph (b)(ii)" and insert:
3

4                paragraph (b)(i)
5


6    5.          Section 7 amended
7                In section 7(2) delete "The" and insert:
8

9                In relation to a prescribed charge that is not a Water Corporation
10               charge, the
11


12   6.          Section 32 amended
13        (1)    In section 32(5) delete "as at the commencement of the rating
14               year." and insert:
15

16                     as at --
17                       (a) in the case of a Water Corporation charge --
18                             the day on which the application is made; or
19                       (b) in the case of any other prescribed charge --
20                             the commencement of the rating year.
21

22        (2)    After section 32(5) insert:
23

24              (6A)   If, in the case of a Water Corporation charge, the Water
25                     Corporation registers the entitlement of the applicant,
26                     the registration has effect on and from the day on
27                     which the application was made.
28




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1    7.          Section 32A amended
2         (1)    In section 32A(1) in the definition of surviving partner's land
3                delete "subsection (2)(b)." and insert:
4

5                subsection (2)(b) or (4A)(b).
6

7         (2)    After section 32A(1) insert:
8

9               (2A)   Subsection (2) applies in relation to prescribed charges
10                     that are not Water Corporation charges.
11

12        (3)    After section 32A(3) insert:
13

14              (4A)   Subsection (4B) applies in relation to Water
15                     Corporation charges if --
16                      (a) immediately before the death of a spouse or
17                            de facto partner of a surviving partner, the
18                            deceased partner had a registered entitlement in
19                            respect of land; and
20                      (b) that land, following the death of the spouse or
21                            de facto partner --
22                               (i) belongs to the surviving partner as a
23                                    former joint tenant or tenant in common
24                                    with the deceased partner; or
25                              (ii) belongs to the surviving partner as a
26                                    beneficiary under the will or intestacy of
27                                    the deceased partner; or
28                             (iii) is occupied by the surviving partner in
29                                    the circumstances described in
30                                    section 29(1)(b)(ii);
31                            and


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1                      (c)   following the death of the spouse or de facto
2                            partner the surviving partner became liable for
3                            the payment of a Water Corporation charge in
4                            respect of that land (the first payment); and
5                     (d)    at the time that the surviving partner became
6                            liable for the first payment he or she was
7                            eligible under this Act to apply to the Water
8                            Corporation to have an entitlement in respect of
9                            that land registered; and
10                     (e)   upon application by the surviving partner an
11                           entitlement in respect of that land is registered
12                           within 2 years of the death of the spouse or
13                           de facto partner.
14            (4B)   The surviving partner is taken to have had a registered
15                   entitlement on and from the day on which he or she
16                   became liable for the first payment until the earlier
17                   of --
18                     (a) the day before the day on which the entitlement
19                           in respect of that land is registered; or
20                     (b) the day before the first day (after he or she
21                           became liable for the first payment) on which
22                           he or she ceased to be eligible to have the
23                           entitlement registered,
24                   and is to be treated accordingly for the purposes of this
25                   Act.
26            (4C)   If --
27                     (a)   subsection (4A)(a) and (b) apply in relation to a
28                           deceased partner and the surviving partner; and
29                    (b)    the surviving partner --
30                             (i) was liable for the payment of a Water
31                                   Corporation charge in respect of the
32                                   surviving partner's land for more than



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1                                   2 years after the death of the spouse or
2                                   de facto partner; and
3                            (ii)   was eligible under this Act to apply to
4                                   the Water Corporation to have an
5                                   entitlement in respect of that land
6                                   registered for more than 2 years after
7                                   the death of the spouse or de facto
8                                   partner;
9                           and
10                    (c)   the Minister is satisfied that, because of
11                          exceptional circumstances, an entitlement in
12                          respect of the surviving partner's land was not
13                          registered within the 2 years referred to in
14                          subsection (4A)(e),
15                the Minister may declare that the surviving partner is
16                taken to have had a registered entitlement in respect of
17                the surviving partner's land for the period specified in
18                the declaration.
19

20   (4)    In section 32A(4) after "subsection (3)" insert:
21

22          or (4C)
23

24   (5)    In section 32A(5) delete "who is taken" and insert:
25

26          who, under subsection (2) or (3), is taken
27




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1    8.           Section 33 amended
2                 In section 33(2) delete "registered," and insert:
3

4                 registered in respect of a prescribed charge that is not a Water
5                 Corporation charge,
6


7    9.           Section 37 amended
8          (1)    In section 37(1) delete "determine, with effect in relation to the
9                 succeeding rating year, to amend or cancel the registration, as
10                the case requires." and insert:
11

12                      determine to amend or cancel the registration, as the
13                      case requires, with effect from --
14                        (c) in the case of a Water Corporation charge --
15                              the day on which the change in the person's
16                              circumstances occurred; or
17                        (d) in the case of any other prescribed charge --
18                              the commencement of the rating year following
19                              the determination.
20

21         (2)    In section 37(2) delete "An administrative authority" and insert:
22

23                An administrative authority, other than the Water Corporation,
24

25   10.          Section 40 amended
26         (1)    Before section 40(1) insert:
27

28               (1A)   A reference in this section to the liability of a person
29                      for the payment of a rebated amount of a prescribed
30                      charge includes, in respect of a prescribed charge that

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1                 is apportioned under section 28, a reference to the
2                 liability of a person for the proportion of the prescribed
3                 charge that relates to the extent of the entitlement of
4                 the person.
5

6    (2)    Delete section 40(1)(a) and insert:
7

8                   (a)   is liable for the payment of a prescribed charge
9                         on any land used by that person as their
10                        ordinary place of residence; and
11

12   (3)    Delete section 40(2) and (2a) and insert:
13

14          (2)   The liability of a person to whom this section applies
15                for payment of a prescribed charge may, subject to this
16                Act, be satisfied by the payment of a rebated
17                amount --
18                  (a) in the case of a Water Corporation charge -- by
19                        the final payment day or, if that person has
20                        been allowed an extended period under
21                        subsection (3A), before the end of that period;
22                        or
23                  (b) in the case of any other prescribed charge --
24                        before the end of the charged period or, if that
25                        person has been allowed an extended period
26                        under subsection (3A), before the end of that
27                        period.
28         (3A)   If the Minister is satisfied that a person to whom this
29                section applies has, because of exceptional
30                circumstances, failed to pay the rebated amount by --
31                  (a) in the case of a Water Corporation charge --
32                        the final payment day; or



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1                        (b)   in the case of any other prescribed charge --
2                              the end of the charged period,
3                       the Minister may allow that person an extended period
4                       within which the payment may be made.
5

6    11.         Section 41 amended
7          (1)   At the beginning of section 41 insert:
8

9                (1)    A reference in this section to a rebated amount in
10                      relation to a person includes, in respect of a rebated
11                      amount that is apportioned in accordance with
12                      section 28, a reference to the proportion of the rebated
13                      amount that relates to the extent of the entitlement of
14                      the person.
15

16         (2)   In section 41:
17                 (a) delete "Where the rebated amount, or if the amount of
18                       the rebate is apportioned under section 28 the relevant
19                       proportion to which the particular entitlement related, of
20                       a prescribed charge" and insert:
21

22               (2)    If the rebated amount of a prescribed charge that is not
23                      a Water Corporation charge
24

25                (b)    delete "section 40(2a)," and insert:
26

27                       section 40(3A),
28

29         (3)   At the end of section 41 insert:
30

31               (3)    If the rebated amount of a Water Corporation charge is
32                      paid by or on behalf of a registered person by the final
33                      payment day or, if that person has been allowed an

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1                       extended period under section 40(3A), before the end
2                       of that period then, subject to this Act --
3                         (a) the person is not liable to pay any further
4                               amount for the prescribed charge; and
5                         (b) the Water Corporation has no further claim
6                               against the person for the prescribed charge.
7


8    12.          Section 42 amended
9          (1)    In section 42(1) after "authority" insert:
10

11                other than the Water Corporation
12

13         (2)    After section 42(1) insert:
14

15               (2A)   If --
16                        (a)   the Water Corporation makes a prescribed
17                              charge in respect of a period (the relevant
18                              period), some of which precedes the date of
19                              issue of the notice requiring payment of the
20                              prescribed charge; and
21                        (b)   the relevant period is longer than the standard
22                              charged period for a charge of that kind; and
23                        (c)   an entitlement, of the person liable for the
24                              charge, as regards the land is registered after
25                              the date of issue of the notice and before the
26                              final payment day,
27                      the person may, subject to subsection (2), be allowed a
28                      rebate on the prescribed charge, for any part of the
29                      relevant period during which the person was both liable
30                      to pay the charge and entitled to apply for the
31                      registration of an entitlement as regards the land.
32



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1          (3)    In section 42(2) after "subsection (1)" insert:
2

3                 or (2A)
4

5          (4)    Delete section 42(2a) and insert:
6

7                (3A)   If a rebate is allowed under this section, the
8                       administrative authority must, when necessary, refund,
9                       or give credit for, the amount of the rebate.
10


11   13.          Section 44 amended
12         (1)    In section 44(1) delete "before the end of a period prescribed
13                under subsection (1a)" and insert:
14

15                by the day determined in accordance with subsection (2A)
16

17         (2)    Delete section 44(1a) and insert:
18

19               (2A)   For the purposes of subsection (1) the day is --
20                       (a) if paragraphs (b) or (c) do not apply --
21                                 (i) if the charge is a Water Corporation
22                                      charge -- the final payment day; or
23                                (ii) if the charge is not a Water Corporation
24                                      charge -- the last day of the charged
25                                      period;
26                              or
27                       (b) if the person has been allowed an extended
28                              period under section 40(3A) -- the last day of
29                              that period; or



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1                          (c)   if a period has been specified under
2                                section 42(2) -- the last day of that period.
3


4    14.          Schedule 1 Division 2 inserted
5          (1)    If this Act receives the Royal Assent on or before 1 July 2013,
6                 subsection (2) does not have effect.
7          (2)    At the end of Schedule 1 insert:
8


9                Division 2 -- Provision for Rates and Charges (Rebates and
10                           Deferments) Amendment Act 2013

11           2.          If the Amendment Act commences after 1 July 2013
12                 (1)   In this clause --
13                       Amendment Act means the Rates and Charges (Rebates and
14                       Deferments) Amendment Act 2013;
15                       commencement day means the day on which the
16                       Amendment Act section 3 comes into operation;
17                       interim period means the period commencing on
18                       1 July 2013 and ending immediately before commencement
19                       day.
20                 (2)   Subject to subclauses (4) to (6), the Water Corporation is to
21                       give effect to this Act as if the Amendment Act had come
22                       into operation on 1 July 2013.
23                 (3)   Without limiting subclause (2), the Water Corporation
24                       may --
25                         (a)   treat an application for registration made on or after
26                               commencement day, but not after
27                               31 December 2013, as if made on a day that is
28                               before commencement day, but not before
29                               1 July 2013; and
30                         (b)   in relation to an application referred to in
31                               paragraph (a), treat the entitlement of the applicant
32                               as regards land as having been registered on a day


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1                            that is before commencement day, but not before
2                            1 July 2013, if the entitlement could have been
3                            registered on that day had the Amendment Act
4                            come into operation on 1 July 2013; and
5                      (c)   if a person's circumstances change on or after
6                            1 July 2013 and before commencement day, give
7                            effect to any amendment or cancellation of the
8                            registration of the entitlement of the person as
9                            regards land as if the amendment or cancellation
10                           had occurred on the day on which the change in
11                           circumstances occurred.
12             (4)   If a person to whom section 40(1) applies receives a notice,
13                   during the interim period, requiring payment of a Water
14                   Corporation charge (whether or not the final payment day
15                   occurs during the interim period), the person may satisfy his
16                   or her liability for payment of the charge by the payment of
17                   a rebated amount by the later of --
18                      (a) the end of the rating year commencing on
19                            1 July 2013; or
20                      (b) if the person has been allowed an extended period
21                            under section 40(3A) -- the end of that period; or
22                      (c) if section 42(2) applies -- the day under that
23                            subsection.
24             (5)   If the person referred to in subclause (4) is an eligible
25                   pensioner, section 44, as in force immediately before
26                   commencement day, applies in relation to the person's
27                   liability for payment of the charge.
28             (6)   For the purposes of subclause (4)(b), section 40(3A) applies
29                   as if the reference to the final payment day were a reference
30                   to the end of the rating year commencing on 1 July 2013.
31


32




 


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