State and Local Government Financial Reform Act 2003
An Act to amend certain enactments for the purpose of State and local government financial reform
[Royal Assent 17 November 2003]
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
This Act may be cited as the State and Local Government Financial Reform Act 2003 .
This Act commences on 1 July 2004.
PART 2 - Duties Act 2001 Amended
In this Part, the Duties Act 2001 is referred to as the Principal Act.
4. Section 53 amended (Exemptions relating to various transactions)
Section 53 of the Principal Act is amended by omitting paragraph (e) .
PART 3 - Land Tax Act 2000 Amended
In this Part, the Land Tax Act 2000 is referred to as the Principal Act.
6. Section 17 amended (Exempt Crown and public lands)
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 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 Governor, a Minister or another statutory authority but does not include a State Service Agency.
PART 4 - Libraries Act 1984 Amended
In this Part, the Libraries Act 1984 is referred to as the Principal Act.
8. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by omitting the definition of corporation of a municipality .
9. Section 10 repealed
Section 10 of the Principal Act is repealed.
PART 5 - Local Government Act 1993 Amended
In this Part, the Local Government Act 1993 is referred to as the Principal Act.
11. Section 87 amended (Exemption from rates)
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(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(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) .
12. Section 107 amended (Variation in rates)
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 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.
13. Part 10 repealed
Part 10 of the Principal Act is repealed.
PART 6 - Marine and Safety Authority Act 1997 Amended
In this Part, the Marine and Safety Authority Act 1997 is referred to as the Principal Act.
15. Section 23 amended (Authority exempt from State charges)
Section 23 of the Principal Act is amended by omitting "rates,".
PART 7 - Pay-roll Tax Act 1971 Amended
In this Part, the Pay-roll Tax Act 1971 is referred to as the Principal Act.
17. Section 10 amended (Exemption from pay-roll tax)
Section 10 of the Principal Act is amended by omitting paragraph (e) .
PART 8 - Transport Act 1981 Amended
In this Part, the Transport Act 1981 is referred to as the Principal Act.
19. Section 25 amended (Property of Commission exempt from taxes)
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.
PART 9 - Valuation of Land Act 2001 Amended
In this Part, the Valuation of Land Act 2001 is referred to as the Principal Act.
21. Section 11 amended (Duty of Valuer-General to make valuations)
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) if the Valuer-General considers that the land should not be included in those valuations.
PART 10 - Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2000 Amended
In this Part, the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2000 are referred to as the Principal Regulations.
23. Regulation 97 amended (General exemptions)
Regulation 97(a) of the Principal Regulations is amended by omitting subparagraph (iii) .
[Second reading presentation speech made in:
House of Assembly on 2 OCTOBER 2003
Legislative Council on 6 NOVEMBER 2003]