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This is a Bill, not an Act. For current law, see the Acts databases.


RATES AND CHARGES (REBATES AND DEFERMENTS) AMENDMENT BILL 2000

                           Western Australia


                       LEGISLATIVE ASSEMBLY

                (Introduced by Hon. P. G. Pendal, MLA)


     Rates and Charges (Rebates and Deferments)
                Amendment Bill 2000


                               A Bill for


An Act to amend the Rates and Charges (Rebates and Deferments)
Act 1992 to permit administrative authorities to allow rebates on
certain amounts payable by way of rates or charges by low income
self-funded retirees and residents of privately-owned retirement
villages.




The Parliament of Western Australia enacts as follows:


1.       Short title
         This Act may be cited as the Rates and Charges (Rebates and
         Deferments) Amendment Act 2000.




                                                                page 1

                                152--1
     Rates and Charges (Rebates and Deferments) Amendment Bill 2000



     s. 2



     2.       Commencement
              This Act comes into operation on the day on which it receives
              the Royal Assent.

     3.       Principal Act
5             In this Act the Rates and Charges (Rebates and Deferments) Act
              1992* is referred to as the principal Act.
              [* Act No. 31 of 1992.
                 For subsequent amendments see 1998 Index to Legislation of
                 Western Australia, p. 210.]

10   4.       Section 3 amended
              Section 3 (1) of the principal Act is amended --
               (a)       by inserting in the definition of "eligibility" after
                         subparagraph (i) of paragraph (a) the following --
                     "
15                       (ia)   a seniors health card;
                                                                                     ";
               (b)       by inserting after the definition of "eligibility" the
                         following --
                     "
20                              "eligible low-income self-funded retiree"
                                means a person to whom section 23A applies;
                                                                                     ";
               (c)       by inserting in the definition of "eligible person" after
                         "pensioner" the following --
25                   "
                                , eligible low-income self-funded retiree
                                                                                     ";




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          Rates and Charges (Rebates and Deferments) Amendment Bill 2000



                                                                                    s. 5



                 (d)        by inserting after the definition "entitlement" the
                            following --
                       "
                                  "holder of a seniors health card" has the
5                                 meaning given to it under --
                                   (a) section 6A of the Social Security Act
                                        1991 of the Commonwealth; or
                                   (b) section 5PB of the Veterans'
                                        Entitlements Act 1986;
10                                                                               "; and
                 (e)        by inserting after the definition of "relevant interest"
                            the following --
                       "
                                  "seniors health card" means a currently valid
15                                card, known by that name, issued on behalf of
                                  the Commonwealth to the holder;
                                                                                      ".

     5.     New section 23A
            The principal Act is amended by inserting after section 23 the
20          following --
     "
          23A.             Low-income self-funded retirees eligible
            (1)            Notwithstanding any other provision of this Act, or any
                           other written law, any person who is a low-income
25                         self-funded retiree is eligible to apply to the
                           administrative authority to have their entitlements as
                           regards any land registered if a prescribed charge is
                           payable on that land, on production to the
                           administrative authority of a relevant seniors health
30                         card.



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     Rates and Charges (Rebates and Deferments) Amendment Bill 2000



     s. 6



              (2)       For the purposes of this section --
                    "
                               "low income self-funded retiree" means a
                               person who is the holder of a seniors health
5                              card.
                                                                                   ".

     6.       New section 23B
              The principal Act is amended by inserting after section 23 the
              following --
10   "
            23B.        Residents of privately-owned retirement villages
                        eligible
              (1)       A resident of a privately-owned retirement village who,
                        in relation to land that is registered and on which a
15                      prescribed charge is payable, may apply to the
                        administrative authority for the purpose of obtaining
                        any entitlement under this Act.
              (2)       For the purposes of this Act --
                        "eligible resident" means a resident who holds a
20                           seniors health care card;
                        "resident", in relation to a retirement village, means a
                             person who has been admitted to occupation of
                             residential premises in accordance with a
                             retirement village scheme and includes a spouse of
25                           such a person who --
                             (a) is residing with that person; or
                             (b) was residing with that person at the time of
                                   his or her death;
                        "privately-owned retirement village" means a
30                           complex of residential premises, whether or not
                             including hostel units, and appurtenant land,


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     Rates and Charges (Rebates and Deferments) Amendment Bill 2000



                                                                       s. 6



                occupied or intended for occupation under a
                retirement village scheme or used or intended to be
                used for or in connection with a retirement village
                scheme;
5           "retirement village scheme" means a scheme
                established for retired persons or predominantly
                for retired persons, under which --
                (a) residential premises are occupied in
                      pursuance of a residential tenancy agreement
10                    or any other lease or licence;
                (b) a right to occupation of residential premises
                      is conferred by ownership of shares;
                (c) residential premises are purchased from the
                      administering body subject to a right or
15                    option of repurchase;
                (d) residential premises are purchased subject to
                      conditions restricting the subsequent disposal
                      of the premises; or
                (e) residential premises are occupied under any
20                    other scheme or arrangement prescribed for
                      the purposes of this definition,
            but does not include any such scheme under which no
            resident or prospective resident of residential premises
            pays a premium in consideration for, or in
25          contemplation of, admission as a resident under the
            scheme.
      (3)   A person who receives a subsidy under the Aged Care
            Act 1975 is not eligible to apply under this Act to the
            administrative authority for any entitlement regarding
30          any land.
                                                                        ".




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     Rates and Charges (Rebates and Deferments) Amendment Bill 2000



     s. 7



     7.       Section 26 amended
              Section 26(1) of the principal Act is amended by inserting after
              paragraph (d) the following --
                   "
5                     (e) production of a seniors health card issued to
                           that person as the holder, as sufficient evidence
                           that the person is a person to whom section 23A
                           applies.
                                                                              ".

10   8.       Section 29 amended
              Section 29(1) of the principal Act is amended by inserting after
              paragraph (c) the following --
                  "
                      (ca)   is a resident who participates in a retirement
15                           village scheme which confers the right of
                             occupation;
                                                                              ".

     9.       Section 32 amended
              Section 32(4)(b) of the principal Act is amended by inserting
20            after the word "pensioner" the following --
                  " or a low-income self-funded retiree           ".

     10.      Section 33 amended
              Section 33(1)(b) of the principal Act is amended by inserting
              before the word "to" the following --
25                "    if that person is an eligible pensioner,    ".




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      Rates and Charges (Rebates and Deferments) Amendment Bill 2000



                                                                   s. 11



11.    Section 40 amended
       Section 40(5)(b) of the principal Act is amended by inserting
       after "eligible pensioner" the following --
            " or eligible low-income self-funded retiree   ".




 


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