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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
STATE AND LOCAL GOVERNMENT
FINANCIAL REFORM BILL 2003
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - DUTIES ACT 2001 AMENDED
3. Principal Act
4. Section 53 amended (Exemptions relating to various
transactions)
PART 3 - LAND TAX ACT 2000 AMENDED
5. Principal Act
6. Section 17 amended (Exempt Crown and public lands)
PART 4 - LIBRARIES ACT 1984 AMENDED
7. Principal Act
8. Section 3 amended (Interpretation)
9. Section 10 repealed
PART 5 - LOCAL GOVERNMENT ACT 1993 AMENDED
10. Principal Act
11. Section 87 amended (Exemption from rates)
[Bill 73]-I
12. Section 107 amended (Variation in rates)
13. Part 10 repealed
PART 6 - MARINE AND SAFETY AUTHORITY ACT 1997
AMENDED
14. Principal Act
15. Section 23 amended (Authority exempt from State
charges)
PART 7 - PAY-ROLL TAX ACT 1971 AMENDED
16. Principal Act
17. Section 10 amended (Exemption from pay-roll tax)
PART 8 - TRANSPORT ACT 1981 AMENDED
18. Principal Act
19. Section 25 amended (Property of Commission exempt
from taxes)
PART 9 - VALUATION OF LAND ACT 2001 AMENDED
20. Principal Act
21. Section 11 amended (Duty of Valuer-General to make
valuations)
PART 10 - VEHICLE AND TRAFFIC (DRIVER
LICENSING AND VEHICLE REGISTRATION)
REGULATIONS 2000 AMENDED
22. Principal Regulations
23. Regulation 97 amended (General exemptions)
2
STATE AND LOCAL GOVERNMENT
FINANCIAL REFORM BILL 2003
(Brought in by the Minister for Education, the Honourable
Paula Catherine Wriedt)
A BILL FOR
An Act to amend certain enactments for the purpose
of State and local government financial reform
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
PART 1 - PRELIMINARY
Short title
1. This Act may be cited as the State and Local
Government Financial Reform Act 2003.
Commencement
2. This Act commences on 1 July 2004.
[Bill 73] 3
s. 3 No. State and Local Government Financial 2003
Reform
PART 2 - DUTIES ACT 2001 AMENDED
Principal Act
3. In this Part, the Duties Act 2001* is referred to as the
Principal Act.
Section 53 amended (Exemptions relating to various
transactions)
4. Section 53 of the Principal Act is amended by omitting
paragraph (e).
*No. 15 of 2001
4
2003 State and Local Government Financial No. s. 5
Reform
PART 3 - LAND TAX ACT 2000 AMENDED
Principal Act
5. In this Part, the Land Tax Act 2000* is referred to as
the Principal Act.
Section 17 amended (Exempt Crown and public
lands)
6. Section 17 of the Principal Act is amended as follows:
(a) by inserting in subsection (1)(c) "held by a
State Government body" after "reserves";
(b) by omitting paragraph (e) from subsection (1)
and substituting the following paragraph:
(e) parks and gardens held or owned
by a local authority or other local
governing or statutory public
body, other than an applicable
authority as defined in section 39A
of the Local Government Act 1993,
and used for recreational purposes
and for which free public access is
normally provided by the local
authority or other local governing
or statutory public body;
(c) by inserting the following subsections after
subsection (2):
(3) A reference in subsection (1)(e) to
parks and gardens held or owned by a local
*No. 74 of 2000
5
s. 6 No. State and Local Government Financial 2003
Reform
authority or other local governing or statutory
public body, other than an applicable
authority as defined in the Local Government
Act 1993, does not include premises held or
owned by the local authority or other local
governing or statutory public body and built,
and used, for the specific purpose of
conducting sporting activities.
(4) In this section -
"Government Business Enterprise"
has the same meaning as in the
Government Business Enterprises
Act 1995;
"State Government body" means a
State Service Agency, a statutory
authority, a State-owned company
or a Government Business
Enterprise;
"State-owned company" means a
company incorporated under the
Corporations Act that is controlled
by the Crown, a Government
Business Enterprise or a statutory
authority or another company that
is so controlled;
"statutory authority" means a body or
authority, whether incorporated or
not, that is established or
constituted by or under an Act or
under the Royal Prerogative, being
a body or authority which, or of
which the governing authority,
wholly or partly comprises a
person or persons appointed by the
6
2003 State and Local Government Financial No. s. 6
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Governor, a Minister or another
statutory authority but does not
include a State Service Agency.
7
s. 7 No. State and Local Government Financial 2003
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PART 4 - LIBRARIES ACT 1984 AMENDED
Principal Act
7. In this Part, the Libraries Act 1984* is referred to as
the Principal Act.
Section 3 amended (Interpretation)
8. Section 3 of the Principal Act is amended by omitting
the definition of "corporation of a municipality".
Section 10 repealed
9. Section 10 of the Principal Act is repealed.
*No. 109 of 1984
8
2003 State and Local Government Financial No. s. 10
Reform
PART 5 - LOCAL GOVERNMENT ACT 1993
AMENDED
Principal Act
10. In this Part, the Local Government Act 1993* is
referred to as the Principal Act.
Section 87 amended (Exemption from rates)
11. Section 87 of the Principal Act is amended as follows:
(a) by omitting paragraph (b) from subsection (1)
and substituting the following paragraphs:
(b) land held or owned by the Crown
that -
(i) is a national park, within
the meaning of the Nature
Conservation Act 2002; or
(ii) is a conservation area,
within the meaning of the
Nature Conservation Act
2002; or
(iii) is a nature recreation area,
within the meaning of the
Nature Conservation Act
2002; or
(iv) is a nature reserve, within
the meaning of the Nature
Conservation Act 2002; or
*No. 95 of 1993
9
s. 11 No. State and Local Government Financial 2003
Reform
(v) is a regional reserve, within
the meaning of the Nature
Conservation Act 2002; or
(vi) is a State reserve, within the
meaning of the Nature
Conservation Act 2002; or
(vii) is a game reserve, within the
meaning of the Nature
Conservation Act 2002; or
(viii) is a forest reserve, within
the meaning of the Forestry
Act 1920; or
(ix) is a public reserve, within
the meaning of the Crown
Lands Act 1976; or
(x) is a public park used for
recreational purposes and
for which free public access
is normally provided; or
(xi) is a road, within the
meaning of the Roads and
Jetties Act 1935; or
(xii) is a way, within the meaning
of the Local Government
(Highways) Act 1982; or
(xiii) is a marine facility, within
the meaning of the Marine
and Safety Authority Act
1997; or
10
2003 State and Local Government Financial No. s. 12
Reform
(xiv) supports a running line and
siding within the meaning of
the Rail Safety Act 1997;
(c) land owned by the Hydro-Electric
Corporation or land owned by a
subsidiary, within the meaning of
the Government Business
Enterprises Act 1995, of the
Hydro-Electric Corporation on
which assets or operations relating
to electricity infrastructure, within
the meaning of the Hydro-Electric
Corporation Act 1995, other than
wind-power developments, are
located;
(b) by omitting from subsection (1)(d) "public or";
(c) by omitting subsection (4).
Section 107 amended (Variation in rates)
12. Section 107 of the Principal Act is amended by
inserting after subsection (2) the following subsections:
(3) A council must not apply a higher general
rate on a State Government body than it would
apply on a body of a similar nature that is not a
State Government body.
(4) In this section -
"Government Business Enterprise" has
the same meaning as in the Government
Business Enterprises Act 1995;
"State Government body" means a State
Service Agency, a statutory authority, a
11
s. 13 No. State and Local Government Financial 2003
Reform
State-owned company or a Government
Business Enterprise;
"State-owned company" means a company
incorporated under the Corporations Act
that is controlled by the Crown, a
Government Business Enterprise or a
statutory authority or another company
that is so controlled;
"statutory authority" means a body or
authority, whether incorporated or not,
that is established or constituted by or
under an Act or under the Royal
Prerogative, being a body or authority
which, or of which the governing
authority, wholly or partly comprises a
person or persons appointed by the
Governor, a Minister or another
statutory authority but does not include
a State Service Agency.
Part 10 repealed
13. Part 10 of the Principal Act is repealed.
12
2003 State and Local Government Financial No. s. 14
Reform
PART 6 - MARINE AND SAFETY AUTHORITY ACT
1997 AMENDED
Principal Act
14. In this Part, the Marine and Safety Authority Act
1997* is referred to as the Principal Act.
Section 23 amended (Authority exempt from State
charges)
15. Section 23 of the Principal Act is amended by omitting
"rates,".
*No. 15 of 1997
13
s. 16 No. State and Local Government Financial 2003
Reform
PART 7 - PAY-ROLL TAX ACT 1971 AMENDED
Principal Act
16. In this Part, the Pay-roll Tax Act 1971* is referred to
as the Principal Act.
Section 10 amended (Exemption from pay-roll tax)
17. Section 10 of the Principal Act is amended by omitting
paragraph (e).
*No. 43 of 1971
14
2003 State and Local Government Financial No. s. 18
Reform
PART 8 - TRANSPORT ACT 1981 AMENDED
Principal Act
18. In this Part, the Transport Act 1981* is referred to as
the Principal Act.
Section 25 amended (Property of Commission
exempt from taxes)
19. Section 25 of the Principal Act is amended by
inserting after subsection (2) the following subsection:
(3) Nothing contained in subsection (1)
exempts the Commission from the payment of rates
imposed under any law of the State.
*No. 20 of 1981
15
s. 20 No. State and Local Government Financial 2003
Reform
PART 9 - VALUATION OF LAND ACT 2001
AMENDED
Principal Act
20. In this Part, the Valuation of Land Act 2001* is
referred to as the Principal Act.
Section 11 amended (Duty of Valuer-General to
make valuations)
21. Section 11 of the Principal Act is amended by omitting
subsection (1) and substituting the following subsections:
(1) The Valuer-General must, subject to this
section, make -
(a) valuations of the land values, capital
values and assessed annual values of all
lands within each valuation district and
Crown lands liable to be rated in
accordance with Part 9 of the Local
Government Act 1993; and
(b) valuations of the assessed annual values
of such Crown lands and lands held by
or on behalf of statutory authorities
within the outer islands, and leased for
grazing or agricultural purposes, as are
liable to be rated in accordance with
Part 9 of the Local Government Act
1993.
(1A) The Valuer-General may exempt land
from the valuations to be made under subsection (1)
*No. 102 of 2001
16
2003 State and Local Government Financial No. s. 21
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if the Valuer-General considers that the land should
not be included in those valuations.
17
s. 22 No. State and Local Government Financial 2003
Reform
PART 10 - VEHICLE AND TRAFFIC (DRIVER
LICENSING AND VEHICLE REGISTRATION)
REGULATIONS 2000 AMENDED
Principal Regulations
22. In this Part, the Vehicle and Traffic (Driver Licensing
and Vehicle Registration) Regulations 2000* are referred
to as the Principal Regulations.
Regulation 97 amended (General exemptions)
23. Regulation 97(a) of the Principal Regulations is
amended by omitting subparagraph (iii).
*S.R. 2000, No. 49
18 Government Printer, Tasmania