Victorian Repealed Acts

This legislation has been repealed.

Melbourne and Metropolitan Board of Works Act 1958 - SECT 239DA

Transitional provision (1997 Amendments)

239DA. Transitional provision (1997 Amendments)



(1) Rates made and levied in accordance with Part II or III in respect of the
1997-1998 financial year before the commencement of section 8 of the Water
Acts (Further Amendment) Act 1997 have effect on and after that commencement,
except for the purposes of sub-section (6), as if they had been made and
levied-

   (a)  in respect of the period commencing on 1 July 1997 and ending on 31
        December 1997; and

   (b)  for an amount equal to the amount or amounts due and payable at any
        time before 31 December 1997 in respect of the period referred to in
        paragraph (a).

(2) The Board must refund any amount of rates to which sub-section (1) applies
paid in excess of the amount due in accordance with that sub-section in
respect of the period commencing on 1 July 1997.

(3) Subject to sub-section (4), the repeal by sections 4 to 7 of the Water
Acts (Further Amendment) Act 1997 of a provision of this Act does not affect-

   (a)  any liability to pay a rate made and levied under Part II or III
        before that repeal; or

   (b)  any right or power relating to the remission, excusing or deferral of
        the obligation to pay a rate so made and levied; or

   (c)  any other obligation, right or power of any person relating to the
        payment, collection, recovery or receipt of any rate so made and
        levied-

and any such liability, right, power or obligation continues and may be
enforced or exercised as if that provision had not been repealed.

(4) Section 239EA has effect in relation to the water rate or the Metropolitan
General Rate made and levied in respect of the 1997-1998 financial year as if
in sub-section (4)(a) of that section a reference to $33.75 were substituted
for any reference to $67.50 or $67.50 per annum.

(5) The provisions of sub-section (3) are in addition to, and not in
derogation from, the provisions of the Interpretation of Legislation Act 1984.

(6) If under its licence a retail licensee determines the amount of a
usage charge in respect of water supplied before 1 January 1998 by reference
to the amount of a rate made and levied under Part II in respect of the
1997-1998 financial year, then for this purpose the amount of that rate must
be taken to be the amount that bears the same proportion to the amount for
which that rate was made and levied in respect of that whole financial year as
the water allowance period bears to that whole financial year.

(7) In sub-section (6)-



"licence" and "usage charge" have the same meaning as in the
Water Industry Act 1994;



"water allowance period", in relation to a property, means the period
commencing on the day on which the usage charge relating to that property was
first imposed by reference to the amount of the rate made and levied under
Part II in respect of the 1997-1998 financial year and ending on 31 December
1997.