AustLII Tasmanian Numbered Acts

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LOCAL GOVERNMENT (RATES AND CHARGES REMISSIONS) AMENDMENT ACT 2001 (NO. 35 OF 2001) - SECT 5

Section 4 amended (Municipalities to remit rates and charges)

Section 4 of the Principal Act is amended as follows:
(a) by inserting in subsection (1) "and subsection (3C) " after " subsection (2) " ;
(b) by omitting subsection (3) and substituting the following subsections:
(3)  For the purpose of subsection (1) (b) (ii) , a person is taken to have been occupying a property as a principal dwelling on the relevant date if –
(a) in the case of a single person, that person was in a prescribed institution and did not receive any rental income from the property; or
(b) in the case of a married person –
(i) that person and that person's spouse were in a prescribed institution and neither person received any rental income from the property; or
(ii) that person was in a prescribed institution and that person's spouse occupied the property as his or her principal place of residence.
(3A)  For the purpose of subsection (3)(a) , a person must provide a statutory declaration stating that the person –
(a) was in a prescribed institution; and
(b) did not receive rental income from the property.
(3B)  For the purpose of subsection (3)(b)(i) , a person must provide a statutory declaration stating that the person and the person's spouse –
(a) were in a prescribed institution; and
(b) did not receive rental income from the property.
(3C)  A person referred to in subsection (3)(a) or subsection (3)(b)(i) is only eligible for a remission of rates or charges for a period not exceeding 2 consecutive financial years.



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