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This is a Bill, not an Act. For current law, see the Acts databases.


LAND RENT AMENDMENT BILL 2012

2012

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Treasurer)

Land Rent Amendment Bill 2012



Contents

Page









2012

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Treasurer)

Land Rent Amendment Bill 2012

A Bill for

An Act to amend the Land Rent Act 2008









The Legislative Assembly for the Australian Capital Territory enacts as follows:

1 Name of Act

This Act is the Land Rent Amendment Act 2012.

2 Commencement

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3 Legislation amended

This Act amends the Land Rent Act 2008.

4 Application of Act

Section 5 (1)

after

other than to

insert

the Territory or

5 New division 3.1

before section 9, insert

Division 3.1 Lessees generally

8A Application—div 3.1

This division does not apply to a lessee who is a registered affordable housing provider.

6 Section 9 heading

substitute

9 Meaning of lessee—div 3.1

7 Section 9

omit

In this part:

substitute

In this division:

8 Discount—decision on application

Section 12 (1)

after

section 10

insert

(Discount—application)

9 Section 12 (3) and note

substitute

(3) If the commissioner grants the discount, the discount applies from the date on which the application under section 10 (Discount—application) was received by the commissioner.

Note 1 For the amount of land rent payable with a discount, see s 8 (1) (a) and (2) (a).

Note 2 Section 30 (Land rent—discount for part of year) applies if the lessee is eligible for a discount for only part of a year.

10 Discount—hardship

Section 13

omit

11 Discount—review of eligibility

New section 14 (4A) and (4B)

insert

(4A) The commissioner may grant an extension of time for a lessee to provide a declaration under subsection (4) if satisfied on reasonable grounds that it is appropriate to grant the extension.

(4B) If the lessee does not provide a declaration as required under subsection (4) before 30 September or, if an extension is granted under subsection (4A), the extended date—

(a) the total income of the lessee, or all of the lessees, is taken to exceed the income threshold amount; and

(b) the lessee becomes ineligible for the discount.

12 New division 3.2

after section 16, insert

Division 3.2 Registered affordable housing providers

16A Meaning of registered affordable housing provider—pt 3

In this part:

registered affordable housing provider means a registered affordable housing provider under the Housing Assistance Act 2007.

16B Discount—registered affordable housing providers

(1) The commissioner may determine that a registered affordable housing provider is entitled to pay discounted land rent for a land rent lease.

(2) A determination is a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

13 Section 33

substitute

33 Objections

A decision under section 12 (Discount—decision on application) is prescribed for the Taxation Administration Act, section 100 (Objection).

Note Objections relating to the commissioner’s determination of the unimproved value of a parcel of land are dealt with under the Rates Act 2004, s 71.

14 New part 10

insert

Part 10 Transitional—Land Rent Amendment Act 2012

50 Application for discount—hardship

(1) This section applies if, immediately before the commencement day, the commissioner has received, but not yet decided, an application under section 13 (Discount—hardship).

(2) The application is, on the commencement day, taken to be an application under section 10 (Discount—application).

(3) In this section:

commencement day means the day the Land Rent Amendment Act 2012 commences.

51 Expiry—pt 10

This part expires 1 year after the day it commences.

Note Transitional provisions are kept in the Act for a limited time. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).

15 Dictionary, new definition of registered affordable housing provider

insert

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

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 29 March 2012.

2 Notification

Notified under the Legislation Act on 2012.

3 Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au.











































© Australian Capital Territory 2012

 


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