Western Australian Consolidated Acts Western Australian Consolidated Acts1 This reprint is a compilation as at 7 November 2008 of the
Rates and Charges (Rebates and Deferments) Act 1992 and includes the
amendments made by the other written laws referred to in the following
table 1a. The table also contains information about any
reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
31 of 1992 |
19 Jun 1992 |
s. 1 and 2:
19 Jun 1992; |
|
|
Rates and Charges (Rebates and Deferments) Amendment
Act 1993 |
25 of 1993 |
15 Dec 1993 |
Pt. 1 and 2: 1 Jul 1993
(see s. 2(1)); |
|
Statutes (Repeals and Minor Amendments) Act 1994
s. 4 |
73 of 1994 |
9 Dec 1994 |
9 Dec 1994 (see s. 2) |
|
Water Agencies Restructure (Transitional and
Consequential Provisions) Act 1995 s. 188 |
73 of 1995 |
27 Dec 1995 |
1 Jan 1996 (see s. 2(2) and Gazette
29 Dec 1995 p. 6291) |
|
Local Government (Consequential Amendments)
Act 1996 s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
|
Statutes (Repeals and Minor Amendments) Act 1997
s. 102 |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997 (see s. 2(1)) |
|
Revenue Laws Amendment (Assessment) Act 1998
Pt. 4 6 |
22 of 1998 |
30 Jun 1998 |
1 Jul 1998 (see s. 2(1)) |
|
Reprint of the Rates and Charges (Rebates and
Deferments) Act 1992 as at 19 May 2000 (includes
amendments listed above) |
|||
|
Revenue Laws Amendment (Assessment) Act 2001
Pt. 3 7, 8 |
3 of 2001 |
26 Jun 2001 |
1 Jul 2001
(see s. 2(2)) |
|
Fire and Emergency Services Legislation (Emergency
Services Levy) Amendment Act 2002
Pt. 4 9 |
42 of 2002 |
11 Dec 2002 |
1 Jan 2003 (see s. 2 and Gazette
30 Dec 2002 p. 6635) |
|
Acts Amendment (Equality of Status) Act 2003
Pt. 50 |
28 of 2003 |
22 May 2003 |
1 Jul 2003 (see s. 2 and Gazette
30 Jun 2003 p. 2579) |
|
34 of 2004 |
20 Oct 2004 |
1 Mar 2006 (see s. 2 and Gazette
14 Feb 2006 p. 695) |
|
|
Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 s. 80 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
Rates and Charges (Rebates and Deferments) Amendment
Act 2005 10 |
9 of 2005 |
7 Jul 2005 |
s. 4(2), 11, 14(1) and (2) and 15: 1 Jul 2005
(see s. 2(3)); |
|
Limitation Legislation Amendment and Repeal
Act 2005 Pt. 10 |
20 of 2005 |
15 Nov 2005 |
15 Nov 2005 (see s. 2(1)) |
|
Machinery of Government (Miscellaneous Amendments)
Act 2006 Pt. 17 Div. 8 |
28 of 2006 |
26 Jun 2006 |
1 Jul 2006 (see s. 2 and Gazette
27 Jun 2006 p. 2347) |
|
Revenue Laws Amendment Act 2006 Pt.
5 |
31 of 2006 |
4 Jul 2006 |
1 Jul 2006 (see s. 2(5)) |
|
32 of 2006 |
4 Jul 2006 |
3 Aug 2007 (see s. 2 and Gazette 1 Aug 2007
p. 3835) |
|
|
Reprint 2: The Rates and Charges (Rebates and
Deferments) Act 1992 as at 22 Sep 2006 (includes
amendments listed above except those in the Residential Parks (Long-stay
Tenants) Act 2006) |
|||
|
Financial Legislation Amendment and Repeal Act 2006
s. 8 and 17 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette
19 Jan 2007 p. 137) |
|
Revenue Laws Amendment (Assessment) Act 2007
Pt. 2 |
13 of 2007 |
29 Jun 2007 |
Div. 1 and 2: 30 Jun 2007 (see
s. 2(b)); |
|
Revenue Laws Amendment Act 2008 Pt.
6 |
30 of 2008 |
27 Jun 2008 |
1 Jul 2008 (see
s. 2(1)(c)(i)) |
|
Revenue Laws Amendment Act (No. 2) 2008
s. 35 |
31 of 2008 |
27 Jun 2008 |
28 Jun 2008 (see s. 2(b)) |
|
Reprint 3: The Rates and Charges (Rebates and
Deferments) Act 1992 as at 7 Nov 2008 (includes
amendments listed above) |
|||
1a On the date as at which this compilation was prepared,
provisions referred to in the following table had not come into operation and
were therefore not included in this compilation. For the text of the provisions
see the endnotes referred to in the table.
Provisions
that have not come into operation
|
Short title |
Number and year |
Assent |
Commencement |
|
Residential Tenancies Amendment Act 2011 Pt. 5
Div. 4 11 |
60 of 2011 |
14 Dec 2011 |
To be proclaimed (see s. 2(b)) |
|
Local Government Amendment Act 2012
Pt. 3 12 |
2 of 2012 |
4 Apr 2012 |
1 Jul 2012 (see s. 2(b) and Gazette
20 Apr 2012 p. 1695) |
2 The provision in this Act amending these Acts has been omitted
under the Reprints Act 1984 s. 7(4)(e).
3 The short title of the Local Government Act 1960 was
amended to the Local Government (Miscellaneous Provisions) Act 1960
by the Local Government Act 1995 Sch. 9.2 cl. 2.
4 Repealed by s. 51(1) of this Act.
5 Repealed by the Housing Act 1980.
6 The Revenue Laws Amendment (Assessment) Act 1998
s. 25 reads as follows:
“
25. Savings — procedural manuals
A procedural manual issued under section 9 of the Rates and
Charges (Rebates and Deferments) Act 1992 as in force before the
commencement of this Part has effect on and after the commencement of this Part
as if it had been issued under section 9 of the Rates and Charges
(Rebates and Deferments) Act 1992 as amended by section 16 of this
Act.
”.
7 The Revenue Laws Amendment (Assessment) Act 2001
s. 13(2) reads as follows:
“
(2) Regulations —
(a) that are made under the Rates and Charges (Rebates and Deferments)
Act 1992 as amended by this section; and
(b) that are made within 6 months after this section receives the
Royal Assent,
may come into operation at a time specified in those regulations that is
not earlier than 1 July 2001 and may relate to a rebate that an
eligible senior is to be allowed on a prescribed charge referred to in
section 40(9) of that Act (as inserted by this section).
”.
8 The
Revenue Laws Amendment (Assessment) Act 2001 s. 16 reads as
follows:
“
16. Transitional
(1) If before 1 July 2001 a person is eligible to be registered
and is registered under section 32 of the Rates and Charges (Rebates and
Deferments) Act 1992 on or after 1 July 2001 and on or before
30 September 2001, section 40 of that Act (as inserted by
section 13) applies to that person as if the entitlement had been
registered at the commencement of the charged period.
(2) If a person becomes eligible to be registered and is registered on or
after 1 July 2001 and on or before 30 September 2001,
section 40 (as inserted by section 13) applies to that person as if
the person were registered on the day the person became eligible to be
registered.
9 The Fire and Emergency Services Legislation (Emergency
Services Levy) Amendment Act 2002 s. 33(2)-(4) read as
follows:
“
(2) The operation of section 32(1a) of the Rates and
Charges (Rebates and Deferments) Act 1992, as inserted by
subsection (1), extends to an application for registration of an
entitlement as regards land to a local government, in relation to a prescribed
charge by way of rates, made before the commencement of this section if the
application has not yet been determined on that commencement.
(3) If the registration by a local government of an entitlement as regards
land, in relation to a prescribed charge by way of rates, has effect on the
commencement of this section, that registration is taken to include the
registration by the local government of an entitlement as regards the land, in
relation to the emergency services levy.
(4) Words and expressions used in subsections (2) and (3) have
the same meanings as they have in the Rates and Charges (Rebates and
Deferments) Act 1992.
”.
10 The Rates and Charges (Rebates and Deferments) Amendment
Act 2005 s. 16 reads as follows:
“
If an eligible person who holds a relevant interest in land of a kind
referred to in section 29A or 29B of the Rates and Charges (Rebates and
Deferments) Act 1992 registers an entitlement in respect of land under
section 32 of that Act after 30 June 2005 and before
1 October 2005, section 40 of that Act applies to that person as
if the entitlement had been registered at the commencement of the charged
period.
”.
11 On the date as at which this compilation was prepared, the
Residential Tenancies Amendment Act 2011 Pt. 5 Div. 4 had not
come into operation. It reads as follows:
Part 5 — Amendments to other
Acts
Division
4 — Rates and Charges (Rebates and Deferments)
Act 1992 amended
This Division amends the Rates and Charges (Rebates and Deferments)
Act 1992.
104. Section 29B
amended
(1) In section 29B(1) delete the definition of
owner.
(2) In section 29B(1) insert in alphabetical order:
lessor, in relation to land, has the meaning given in the
Residential Tenancies Act 1987 section 3;
(3) In section 29B(3) delete “the owner” and
insert:
the lessor
12 On the date as at which this compilation was prepared, the
Local Government Amendment Act 2012 Pt. 3 had not come into
operation. It reads as follows:
Part 3 — Rates and Charges (Rebates
and Deferments) Act 1992 amended
This Part amends the Rates and Charges (Rebates and Deferments) Act
1992.
35. Section 3
amended
(1) In section 3(1) in the definition of charged period
delete “made;” and insert:
made and has a meaning affected by section 40(2A);
(2) In section 3(1) in the definition of prescribed
charge after paragraph (c) insert:
(da) a charge, by way of a service charge, made under the Local
Government Act 1995 section 6.38 in relation to the provision of
underground electricity; or
36. Section 40
amended
(1) After section 40(1) insert:
(2A) Despite anything else in this Act, this section does not apply to an
eligible senior in respect of a prescribed charge for the provision of
underground electricity for any charged period other than the first year or part
of the first year for which that charge is to be or was made.
(2) In section 40(5) in the definition of the variable
“PC” delete “(9)(a);” and insert:
(9) in respect of an eligible senior;
(3) In section 40(6) in the definition of the variable
“PC” delete “(9)(b);” and insert:
(9) in respect of an eligible pensioner;
(4) In section 40(7):
(a) in the definition of the variable “PCS” delete
“(9)(a);” and insert:
(9) in respect of an eligible senior;
(b) in the definition of the variable “PCP” delete
“(9)(b);” and insert:
(9) in respect of an eligible pensioner;
(5) In section 40(9):
(a) in paragraph (b) after “drainage” insert:
or underground electricity
(b) in paragraph (b) delete “concerned; and” and
insert:
concerned;
(c) delete paragraph (c) and insert:
(c) for an eligible senior, on any prescribed charge for the provision of
underground electricity — 25% of the prescribed charge
concerned, up to such limit as is prescribed;
(d) on any other prescribed charge —
(i) for an eligible senior — the prescribed percentage of the
charge, up to such limit as is prescribed;
(ii) for an eligible pensioner — the prescribed percentage of
the charge.
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined
Term Provision(s)
administering
body 29A(1)
administrative
authority 3(1)
applicant 3(1)
caravan 29B(1)
caravan
park 29B(1)
charged period 3(1)
child 3(1)
Commonwealth seniors health
card 3(1)
de facto partner 3(1)
deceased
partner 32A(1)
deferment 3(1)
dependant 3(1)
disabled
person 23(7)
document 11(4)
eligibility 3(1)
eligible
pensioner 3(1)
eligible person 3(1)
eligible senior 3(1)
emergency
services levy 3(1)
entitlement 3(1)
final
period 32A(3)(b)(i)
information 11(4)
land 3(1)
making 3(1)
owner 29B(1)
park
home 29B(1)
park operator 29C(1)
parliamentary purposes 11(4)
pensioner
concession card 3(1)
period 1 32A(2)(c)
period 2 32A(2)(c)
prescribed
charge 3(1)
prescribed means test 3(1)
procedural manual 3(1)
rating
year 3(1)
rebate 3(1)
rebated amount 3(1)
registered 3(1)
registered
person 3(1)
relevant interest 3(1)
relocatable home 29C(1)
residence
contract 29A(1)
resident 29A(1)
residential park 29C(1)
residential
tenancy agreement 29B(1)
retirement village 29A(1)
seniors’
card 3(1)
site 29B(1), 29C(1)
site-only
agreement 29C(1)
spouse 3(1)
State concession card 3(1)
surviving
partner 32A(1)
surviving partner’s land 32A(1)
the pension means
test 3(1)
Water Board 3(1)
year 3(1)