Tasmanian Bills Clause Notes

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FIRE SERVICE AMENDMENT BILL 50 OF 2009

               FIRE SERVICE AMENDMENT BILL 2009

                             CLAUSE NOTES

CLAUSE 1

    SHORT TITLE

    This Act may be cited as the Fire Service Amendment Act 2009.

CLAUSE 2

    COMMENCEMENT

    This Act commences on the day on which it receives the Royal Assent, but
    if it does not receive the Royal Assent on or before 1 September 2009 it is
    taken to have commenced on that date.

CLAUSE 3

    PRINCIPAL ACT

    In this Act the Fire Service Act 1979 is referred to as the Principal Act.

CLAUSE 4

    SECTION 74 AMENDED (INTERPRETATION OF PART V1)

    This amendment provided for a new definition of the "minimum assessed
    annual value".

    The amendment removes the requirement to make Regulations in regard to
    the minimum assessed annual value as councils have the legal authority
    under the Fire Service Act 1979 to individually determine the minimum.


CLAUSE 5

    SECTION 79A REPEALED

    This section of the Act is repealed as there is no longer a requirement to
    make Regulations in regard to the "minimum assessed annual value".
 
 
CLAUSE 6
    SECTION 80 AMENDED (COMMISSION TO OBTAIN ASSESSED
    ANNUAL VALUE OF LAND)

    This amendment changes the reporting dates for Councils to furnish returns
    to the State Fire Commission. The original date of 15 April has now been
    moved back to 30 September each financial year.

    This amendment also requires Councils to reconcile their own property
    records with that of the Valuer-General and submit the reconciliation to the
    Commission by 30 September each year.

CLAUSE 7
    SECTION 81 SUBSTITUTED

    This amendment repeals Section 81 and replaces it with two new sections.

    Section 81 replaces the formula used by the Commission to determine
    "Contributions to be made by local councils" with a new formula that
    includes a five year rolling average designed to smooth our large
    movements in the Fire Service Contribution.

    Section 81A provides for an "allowable rate of annual increase or decrease
    in contribution" over which a Council's annual increase or decrease from
    one year to the next cannot exceed.

CLAUSE 8
    SECTION 81B AMENDED (COMMISSION TO NOTIFY LOCAL
    COUNCILS OF CONTRIBUTION)

    Section 81B amends the date which the Commission must advise Councils
    of the amount, of Fire Service Contribution, that they must collect from 1
    June to 30 April each year.

CLAUSE 9
    SECTION 81C AMENDED (COLLECTION BY LOCAL COUNCILS OF
    CONTRIBUTION)

    Section 81C is amended by omitting subsection (5) and substituting with a
    new subsection (5) that continues to allow Councils to collect the Fire
    Service Contribution under the Local Government Act 1993 rather than the
    Fire Service Act 1979 only.

CLAUSE 10
    SECTION 82 INSERTED

    This amendment is designed to provide clarity with regard to its effect on
    the 2009-10 financial year calculations.
 
 

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