The legislation that is being viewed is valid for Sessional.


                   Homes Amendment Act 2005  (No. 4 of 2005)





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                                   CONTENTS

        Homes Amendment Act 2005
            1. Short title
            2. Commencement
            3. Principal Act
            4. Section 15B amended (Interpretation of Part IV)
            5. Section 17 amended (Sale of dwelling-houses)
            6. Section 17AB amended (Adjustment of costs of administration)
            7. Section 17AC amended (Director to notify adjustment in Gazette )
            8. Schedule 4 repealed

                                      [crest]

                             Homes Amendment Act 2005

    An Act to amend the Homes Act 1935

    [Royal Assent 12 April 2005]

    Be it enacted by His Excellency the Governor of Tasmania, by and with the
    advice and consent of the Legislative Council and House of Assembly, in
    Parliament assembled, as follows:

    1. Short title

    This Act may be cited as the Homes Amendment Act 2005.

    2. Commencement

    This Act is taken to have commenced on 1 July 2004.

    3. Principal Act

    In this Act, the Homes Act 1935 is referred to as the Principal Act.

    4. Section 15B amended (Interpretation of Part IV)

    Section 15B of the Principal Act is amended as follows:


        (a) by inserting the following definition after the definition of
        "adjustment rate":

                "costs of administration" means the costs referred to in
                section 17(5)(b)(v);

        (b) by omitting "1st July 1983" from paragraph (a) of the definition of
        "year" and substituting "1 July 2004";

        (c) by omitting "1st July" from paragraph (b) of the definition of
        "year" and substituting "1 July".

    5. Section 17 amended (Sale of dwelling-houses)

    Section 17 of the Principal Act is amended as follows:


        (a) by omitting subparagraph (v) from subsection (5)(b) and
        substituting the following subparagraph:

               
                (v) subject to subsections (5B), (5C) and (5D), the costs of
                administration.

        (b) by omitting subsection (5A) and substituting the following
        subsections:


                  (5A) For the year commencing on 1 July 2004 (in this section
            referred to as "the new base year"), the costs of administration
            are to be $156.00.

                  (5AB) After the new base year, the costs of administration
            are to be adjusted annually in accordance with this Part.

                  (5AC) Despite subsection (5AB), the Minister may determine
            that the costs of administration for any year after the new base
            year are to be the same as the costs of administration for the
            immediately preceding year.

                  (5AD) A determination under subsection (5AC) is of no effect
            unless the Director is given written notice of it before the
            beginning of the year to which the determination applies.

        (c) by omitting from subsection (5B) "pursuant to subsection (5)(b)(v)
        ";

        (d) by omitting from subsection (7) "subsection (2) of section
        twenty-nine" and substituting "section 29(2)".

    6. Section 17AB amended (Adjustment of costs of administration)

    Section 17AB(1) of the Principal Act is amended as follows:


        (a) by omitting "Schedule 4" and substituting "section 17(5A)";

        (b) by omitting "31st December" and substituting "31 December".

    7. Section 17AC amended (Director to notify adjustment in Gazette)

    Section 17AC of the Principal Act is amended by omitting "1st August in"
    and substituting "1 August of".

    8. Schedule 4 repealed

    Schedule 4 to the Principal Act is repealed.

    [Second reading presentation speech made in:

    House of Assembly on 24 NOVEMBER 2004

    Legislative Council on 24 MARCH 2005]