Western Australian Consolidated Acts

RATES AND CHARGES (REBATES AND DEFERMENTS) ACT 1992 - SECT 32

32 .         Registration

        (1)         Where an applicant who is an eligible person wishes an entitlement as regards the land on which any prescribed charge is payable to be registered by the administrative authority the applicant must —

            (a)         make an application to the administrative authority in a manner specified in the procedural manual; and

            (b)         furnish as accurately as practicable such information as is required to be given when making the application, or subsequently, by the administrative authority.

        (1a)         An application under subsection (1) for registration of an entitlement as regards land to a local government, in relation to a prescribed charge by way of rates, is to be taken to include an application for registration of an entitlement as regards the land to the local government, in relation to the emergency services levy.

        (1b)         The details of an application made under subsection (1) may be given by the administrative authority to whom the application is made to any other administrative authority to whom the applicant is liable to pay a prescribed charge.

        (1c)         If the details of an application are given to an administrative authority under subsection (1b), the details are to be taken to be an application under subsection (1) to that administrative authority for registration of an entitlement as regards land.

        (2)         An administrative authority may require an application under subsection (1) to be accompanied or supported by a written declaration made by the applicant, or by some other person acceptable to the administrative authority for that purpose, as to such facts relevant to the application as the authority may specify.

        (3)         Subject to subsection (4), an administrative authority upon —

            (a)         receiving an application for registration made in accordance with this section; and

            (b)         being satisfied —

                  (i)         that the conditions, circumstances or other facts relevant to the application are such as to make the applicant eligible; and

                  (ii)         as to the entitlement of the applicant,

                shall, even if arrears in respect of a prescribed charge in relation to that land remain payable by the applicant, cause the entitlement of the applicant to the land concerned to be registered under this Act specifying the nature of and extent of that entitlement and any apportionment made under section 28 of the liability for the prescribed charge.

        (4)         An entitlement as regards the land shall not be registered —

            (a)         for the same person, in respect of more than one place of residence; or

            (b)         in the name of the same person both as an eligible senior and as an eligible pensioner.

        (4a)         Subsection (4) does not apply in relation to land registered for a person on the basis of eligibility under section 23(5).

        (5)         The determination of the entitlement of an applicant shall be made on the facts relevant to the applicant as at the commencement of the rating year.

        (6)         An administrative authority shall establish and maintain the register required for the purposes of this Act in accordance with the requirements of the procedural manual.

        [Section 32 amended by No. 25 of 1993 s. 10; No. 3 of 2001 s. 10; No. 42 of 2002 s. 33(1); No. 9 of 2005 s. 13; No. 31 of 2006 s. 35; No. 13 of 2007 s. 4.]