South Australian Current Acts

LOCAL GOVERNMENT ACT 1999 - SECT 159

159—Preliminary

        (1)         If grounds exist for a person or body to receive a rebate of rates in pursuance of this Division, the person or body may apply to the council in a manner and form determined by the council (supplying such information as the council may reasonably require).

        (2)         A person or body must not—

            (a)         make a false or misleading statement or representation in an application made (or purporting to be made) under this Division; or

            (b)         provide false or misleading information or evidence in support of an application made (or purporting to be made) under this Division.

Maximum penalty: $5 000.

        (3)         A council may grant a rebate of rates under this Division if satisfied that it is appropriate to do so (whether on application under this Division or on its own initiative).

        (4)         If a rebate specifically fixed by this Division is less than 100%, the council may, on its own initiative, increase the rebate.

        (6)         If—

            (a)         land is used by a person or body for purposes on which an entitlement to a rebate is based in pursuance of this Division ("Category A purposes ), and for business purposes or other purposes concerned with the production of income ("Category B purposes"); and

            (b)         it is possible to separate the part of the land used for Category A purposes from the part of the land used for Category B purposes,

the council is not required to grant a rebate of rates on the land used for the Category B purposes but if the council has declared differential rates in its area and thus provided for a distinct residential rate then that residential rate must be applied to the land that does not receive a rebate on account of the operation of this subsection.

        (7)         If a person or body has the benefit of a rebate of rates under this Division and the grounds on which the rebate has been granted cease to exist, the person or body must immediately inform the council of that fact and (whether or not the council is so informed) the entitlement to a rebate ceases.

        (8)         If a person or body fails to comply with subsection (7), the person or body is guilty of an offence.

Maximum penalty: $5 000.

        (9)         A council cannot grant to a person or body a rebate of general rates under this Division without also granting to the person or body a comparable rebate of any other rates that may also apply under this Part.

        (10)         A council may, for proper cause, determine that an entitlement to a rebate of rates in pursuance of this Division no longer applies.

        (11)         If an entitlement to a rebate of rates ceases or no longer applies during the course of a financial year, the council is entitled to recover rates, or rates at the increased level (as the case may be), proportionate to the remaining part of the financial year.