Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears —
administrative authority , as regards any
prescribed charge, means, subject to subsection (1a), the authority
making that charge;
applicant , as regards any land, means a person
applying to an administrative authority to have an entitlement to that land
registered;
charged period , as regards any prescribed charge,
means the year or part of a year for which that charge is to be or was made;
child , in relation to a person, includes an
adopted child, stepchild, or an ex-nuptial child of that person, and also
includes a child to whom that person stands in loco parentis;
Commonwealth seniors health card means a currently
valid card, known by that name, issued on behalf of the Commonwealth to the
holder or, where a card of another kind is prescribed specifically for the
purpose of this definition, that other card;
de facto partner does not include a person who, on
an apparently permanent and voluntary basis, lives separately and apart from
their de facto partner;
deferment means a deferment of the payment of
amounts of prescribed charges, beyond the date by which payment in full of the
amount demanded would otherwise have been required to be made, whether
authorised under —
(a) the
Pensioners (Rates Rebates and Deferments) Act 1966 4 ; or
(b) this
Act;
dependant , in relation to a person
means —
(a) the
spouse of that person;
(ab) a
de facto partner of that person;
(b) a
child of that person being a child —
(i)
who is less than 18 years of age; or
(ii)
who is 18 years of age or more but less than
25 years of age, and who is receiving full-time education at a school,
college, or university;
or
(c) any
other individual who is normally wholly engaged —
(i)
in housekeeping for that person; and
(ii)
if there are any other dependants of that person, in
caring for those dependants,
at the ordinary place
of residence of that person;
eligibility , in relation to a person, is a
reference to the income and assets of that person or to other conditions,
circumstances or facts which render that person eligible —
(a) to
hold —
(i)
a seniors’ card;
(ii)
a pensioner concession card;
(iii)
a State concession card; or
(iv)
a Commonwealth seniors health card;
(b) to
apply for registration of an entitlement; or
(c) to
have an entitlement registered,
as the context requires;
eligible pensioner means a person to whom
section 23 or section 24 applies;
eligible person means an eligible pensioner or an
eligible senior;
eligible senior means a person to whom
section 22 applies;
emergency services levy means the levy determined
under Part 6A of the Fire and Emergency Services Authority of Western
Australia Act 1998 and imposed under the Emergency Services Levy
Act 2002 ;
entitlement , as regards any land, means the
extent to which that land is determined to belong to a person, by the
administrative authority under section 7 and in accordance with
Division 2 of Part 2, for the purposes of this Act throughout the
charged period;
land includes an interest in land;
making , as regards any prescribed charge,
includes proposing to make;
pensioner concession card means —
(a) a
currently valid pensioner concession card issued by or on behalf of the
Commonwealth Government; and
(b) a
card prescribed by the regulations to be a pensioner concession card for the
purposes of this Act,
but does not include a pensioner concession card
issued by or on behalf of the Commonwealth Government that is, or is of a
class that is, excluded from this definition under the regulations;
prescribed charge means —
(a) a
charge, by way of rates, made under —
(i)
the Local Government Act 1995 ; or
(ii)
the Soil and Land Conservation Act 1945 ;
(b) a
charge for the provision of water supply, sewerage or drainage, not being a
charge assessed by reference to the quantity of water or wastewater concerned,
made under —
(i)
the Water Boards Act 1904 ;
(ii)
the Water Agencies (Powers) Act 1984 ;
(iii)
the Health Act 1911 ; or
(iv)
the Local Government Act 1995 ;
(c) a
charge by way of the emergency services levy; or
(d) a
charge prescribed by regulations made under this Act.
prescribed means test means a test prescribed
under section 25;
procedural manual means the procedural manual
issued under section 9(2);
rating year means 1 July to 30 June;
rebate means a rebate calculated under this Act;
rebated amount means the balance, after the rebate
is allowed, of a prescribed charge payable by a person who has a registered
entitlement;
registered means registered under section 32;
registered person , in relation to any land, means
a person whose entitlement as regards the land is registered;
relevant interest , as regards any land, means an
interest in that land that under section 29, 29A, 29B or 29C is taken to
be relevant for the purposes of this Act;
seniors’ card means a card —
(a)
which bears that designation; and
(b) is
issued to the holder by the State’s Office of Seniors’ Interests;
spouse does not include a person who, on an
apparently permanent and voluntary basis, lives separately and apart from
their spouse;
State concession card means a currently valid card
which bears that designation and is issued under section 6 by the CEO as
defined in section 3 of the Children and Community Services Act 2004
;
the pension means test means —
(a)
unless paragraph (b) applies —
(i)
the ordinary income test;
(ii)
the maintenance income test; and
(iii)
the assets test,
which apply to
pensions or allowances under Chapter 3 of the
Social Security Act 1991 of the Commonwealth; or
(b)
where another test of the income or assets of any person is prescribed under
section 25, that other test;
Water Board means a Water Board constituted under
the Water Boards Act 1904 ;
year means a rating year.
(1a) The
administrative authority for the emergency services levy that is the subject
of an assessment notice under section 36J of the Fire and Emergency
Services Authority of Western Australia Act 1998 is the local government
that serves the notice.
(2) A reference in
this Act to an Act of the Commonwealth is a reference —
(a) if
that Act has been amended, to the Act as amended and in force for the time
being; and
(b) if
that Act has been re-enacted or re-made (with or without renumbering or other
modification), to that Act as re-enacted or re-made and in force for the time
being; and
(c) if
that Act has been re-enacted or re-made (with or without modification) and
subsequently amended, to that Act as re-enacted or re-made and subsequently
amended and in force for the time being.
[Section 3 amended by No. 25 of 1993
s. 16; No. 73 of 1994 s. 4; No. 73 of 1995 s. 188;
No. 14 of 1996 s. 4; No. 57 of 1997 s. 102(1); No. 22
of 1998 s. 14; No. 3 of 2001 s. 5; No. 42 of 2002 s. 31; No. 28
of 2003 s. 166; No. 34 of 2004 s. 251; No. 9 of 2005 s. 4;
No. 32 of 2006 s. 98; No. 13 of 2007 s. 8.]
[ 4. Deleted by No. 28 of 2003 s. 167.]