[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
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: page 1 Rates and Charges (Rebates and Deferments) Amendment Bill 2013 s. 1 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. page 2 Rates and Charges (Rebates and Deferments) Amendment Bill 2013 s. 3 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 page 3 Rates and Charges (Rebates and Deferments) Amendment Bill 2013 s. 5 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 page 4 Rates and Charges (Rebates and Deferments) Amendment Bill 2013 s. 7 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 page 5 Rates and Charges (Rebates and Deferments) Amendment Bill 2013 s. 7 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 page 6 Rates and Charges (Rebates and Deferments) Amendment Bill 2013 s. 7 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 page 7 Rates and Charges (Rebates and Deferments) Amendment Bill 2013 s. 8 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 page 8 Rates and Charges (Rebates and Deferments) Amendment Bill 2013 s. 10 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 page 9 Rates and Charges (Rebates and Deferments) Amendment Bill 2013 s. 11 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 page 10 Rates and Charges (Rebates and Deferments) Amendment Bill 2013 s. 12 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 page 11 Rates and Charges (Rebates and Deferments) Amendment Bill 2013 s. 13 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 page 12 Rates and Charges (Rebates and Deferments) Amendment Bill 2013 s. 14 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 page 13 Rates and Charges (Rebates and Deferments) Amendment Bill 2013 s. 14 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
[Index] [Search] [Download] [Related Items] [Help]