Local Government (Rates and Charges Remissions) Amendment Regulations 2002

Local Government (Rates and Charges Remissions) Amendment Regulations 2002

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Local Government (Rates and Charges Remissions) Act 1991 .

17 June 2002

G. S. M. Green

Governor

By His Excellency's Command,

David Crean

Treasurer

1.   Short title

These regulations may be cited as the Local Government (Rates and Charges Remissions) Amendment Regulations 2002 .

2.   Commencement

These regulations take effect on 1 July 2002.

3.   Principal Regulations

In these regulations, the Local Government (Rates and Charges Remissions) Regulations 1991 are referred to as the Principal Regulations.

4.    Regulation 6 substituted

Regulation 6 of the Principal Regulations is rescinded and the following regulation is substituted:

6.   Maximum remission

(1)  For the purpose of section 4(2) of the Act, the maximum amount that may be remitted each financial year by a municipality in respect of rates and charges payable in respect of any one area of land is the amount calculated in accordance with the following formula:

where –

a is the maximum amount that may be remitted for the financial year, calculated to the nearest cent and then rounded to the nearest dollar in accordance with subregulation (4) ; and

b is the maximum amount, before rounding, that could be remitted in the financial year immediately preceding the financial year in which the maximum amount is to apply; and

c is the CPI figure for the March quarter of the financial year immediately preceding the financial year in which the maximum amount is to apply; and

d is the CPI figure for the March quarter immediately preceding the March quarter referred to in the definition of c .

(2)  If the maximum amount "a" in subregulation (1) is less than the maximum amount for the preceding year, the maximum amount is to remain the same as the preceding year and the reduction in the amount is to be offset against future increases.

(3)  In this section –

CPI means the Consumer Price Index (All Groups) for Hobart published by the Australian Statistician under the authority of the Census and Statistics Act 1905 of the Commonwealth;

March quarter, in relation to a financial year, means the months of January, February and March in that financial year.

(4)  An amount which is dollars and a number of cents is rounded to the nearest dollar by –

(a) where the number of cents is 50 or more, increasing that amount to the next whole dollar; or

(b) where the number of cents is less than 50, taking those cents off that amount.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 26 June 2002

These regulations are administered in the Department of Treasury and Finance.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Local Government (Rates and Charges Remissions) Regulations 1991 by indexing the maximum amount that may be remitted by a council of a municipal area in relation to the rates and charges payable in respect of any one area of land during a financial year.