Australian Capital Territory Consolidated Acts

LAND RENT ACT 2008 - NOTES

(see s 3)

Note 1     The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2     For example, the Legislation Act, dict, pt 1 defines the following terms:

              •     ACAT

              •     commissioner for revenue

              •     financial year

              •     person

              •     planning and land authority

              •     quarter

              •     territory authority.

"commissioner" means the commissioner for revenue.

"discounted land rent" means land rent discounted under part 3 (Land rent—discount).

"discount percentage" means the discount percentage determined under the Taxation Administration Act, section 139.

Note     Different percentage rates may be determined in relation to different matters or classes of matters (see Legislation Act, s 48).

"income threshold amount "means the income threshold amount determined under the Taxation Administration Act, section 139.

Note     Different amounts may be determined in relation to different matters or classes of matters (see Legislation Act, s 48).

"land rent" means land rent payable under this Act for a land rent lease.

"land rent lease"—see section 7 (4).

"lessee", in relation to a proposed land rent lease, for part 3 (Land rent—discount)—see section 9.

"registered affordable housing provider", for part 3 (Land rent—discount)—see section 16A.

"related", for a parcel of land, for part 5 (Land rent—payment and recovery of unpaid rent)—see section 18.

"relevant percentage" means the relevant percentage determined under the Taxation Administration Act, section 139.

"standard percentage" means the standard percentage determined under the Taxation Administration Act, section 139.

"Taxation Administration Act "means the Taxation Administration Act 1999.

"tax law"—see the Taxation Administration Act, section 4.

"year" means a financial year.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

3     Legislation history

Land Rent Act 2008 A2008-16

notified LR 30 June 2008

s 1, s 2 commenced 30 June 2008 (LA s 75 (1))

remainder commenced 1 July 2008 (s 2 and CN2008-10)

as amended by

ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.60

notified LR 4 September 2008

s 1, s 2 commenced 4 September 2008 (LA s 75 (1))

sch 1 pt 1.60 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)

Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.46

notified LR 1 September 2009

s 1, s 2 commenced 1 September 2009 (LA s 75 (1))

sch 3 pt 3.46 commenced 22 September 2009 (s 2)

Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.32

notified LR 28 November 2011

s 1, s 2 commenced 28 November 2011 (LA s 75 (1))

sch 3 pt 3.32 commenced 12 December 2011 (s 2)

Land Rent Amendment Act 2012 A2012-18

notified LR 17 May 2012

s 1, s 2 commenced 17 May 2012 (LA s 75 (1))

remainder commenced 18 May 2012 (s 2)

4     Amendment history

Commencement
s 2     om LA s 89 (4)

Application of Act
s 5     (2), (4) exp 31 December 2008 or on a date fixed by regulation (s 5 (4))
    ss renum R2 LA
    am A2012-18 s 4

Lessees generally
div 3.1 hdg     ins A2012-18 s 5

Application—div 3.1
s 8A     ins A2012-18 s 5

Meaning of lessee—div 3.1
s 9 hdg     sub A2012-18 s 6
s 9     am A2012-18 s 7

Discount—decision on application
s 12     am A2009-20 amdt 3.110; A2012-18 s 8, s 9

Discount—hardship
s 13     om A2012-18 s 10

Discount—review of eligibility
s 14     am A2012-18 s 11; ss renum R7 LA

Registered affordable housing providers
div 3.2 hdg     ins A2012-18 s 12

Meaning of registered affordable housing provider—pt 3
s 16A     ins A2012-18 s 12

Discount—registered affordable housing providers
s 16B     ins A2012-18 s 12

Unpaid land rent—recovery
s 23     am A2011-52 amdt 3.118

Determination of fees
s 32     am A2009-20 amdt 3.111

Objections
s 33     sub A2012-18 s 13

Review of decisions by ACAT
s 34     sub A2008-37 amdt 1.264

Regulation-making power
s 35     (3)-(5) exp 1 July 2010 (s 35 (5) (LA s 88 declaration applies))

Legislation amended—sch 1
s 36     om LA s 89 (3)

Transitional—Land Rent Amendment Act 2012
pt 10 hdg     ins A2012-18 s 14
    exp 18 May 2013 (s 51)

Application for discount—hardship
s 50     ins A2012-18 s 14
    exp 18 May 2013 (s 51)

Expiry—pt 10
s 51     ins A2012-18 s 14
    exp 18 May 2013 (s 51)

Consequential amendments
sch 1     om LA s 89 (3)

Dictionary
dict     am A2008-37 amdt 1.265
    def lessee ins A2009-20 amdt 3.112
    def registered affordable housing provider ins A2012-18 s 15

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 1 July 2008	1 July 2008– 31 Dec 2008	not amended	new Act
R2 1 Jan 2009	1 Jan 2009– 1 Feb 2009	A2008-37	commenced expiry
R3 2 Feb 2009	2 Feb 2009– 21 Sept 2009	A2008-37	amendments by A2008-37
R4 22 Sept 2009	22 Sept 2009– 1 July 2010	A2009-20	amendments by A2009-20
R5 2 July 2010	2 July 2010– 11 Dec 2011	A2009-20	commenced expiry
R6 12 Dec 2011	12 Dec 2011– 17 May 2012	A2011-52	amendments by A2011-52

© Australian Capital Territory 2012

Australian Capital Territory

A2008-16

Republication No 7

Effective: 18 May 2012

Republication date: 18 May 2012

Last amendment made by A2012-18

Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Land Rent Act 2008

(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 18 May 2012

. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 18 May 2012

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication includes amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory

Land Rent Act 2008

Endnotes30

Land Rent Act 2008