South Australian Current Acts

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LOCAL GOVERNMENT ACT 1999 - SECT 186

186—Recovery of rates not affected by an objection or review

        (1)         The right of a council to recover rates is not suspended by—

            (a)         an objection or review in respect of a valuation (whether under this Act or the Valuation of Land Act 1971 ); or

            (b)         an objection or review in respect of the attribution of a particular land use to land.

        (2)         If an objection or review results in the alteration of a valuation or of a decision to attribute a particular land use to land, a due adjustment must be made and—

            (a)         an amount overpaid must be refunded or, if the council so determines, credited against future liabilities for rates on the land subject to the rates; or

            (b)         an additional amount payable on account of an alteration of the valuation or decision may be recovered as arrears (but action to recover any such amount must not be taken until at least 30 days have expired from the date on which notification of the alteration is given to the person who initiated the objection or review).

        (3)         Interest is payable on an amount that is refunded or is for the time being credited under subsection (2)(a).

        (4)         The interest—

            (a)         accrues on the expiration of each month from the day that the amount was paid to the council; and

            (b)         will be payable at the prescribed rate; and

            (c)         until the amount is refunded or ceases to be in credit, will be compounded on a monthly basis.

        (5)         The council must, on being satisfied by a person in whose favour an amount has been credited under subsection (2)(a) that he or she has ceased to be a ratepayer in respect of the land, refund the amount (including interest) then standing to the person's credit.

        (6)         In this section—

"the prescribed rate" is to be calculated as follows:

1999.62.un02.jpg

where—

"P" is the prescribed rate

"CADR" is the cash advance debenture rate for that financial year.



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