Local Government (Rates and Charges Remissions) Regulations 1991

Local Government (Rates and Charges Remissions) Regulations 1991

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, hereby make the following regulations under the Local Government (Rates and Charges Remissions) Act 1991 .

P. H. BENNETT

Governor

By His Excellency's Command,

M. W. FIELD

Minister for Finance

1.   Short title

These regulations may be cited as the Local Government (Rates and Charges Remissions) Regulations 1991 .

2.   Commencement

These regulations shall be deemed to have commenced on 1 June 1991.

3.   Interpretation

In these regulations,

the Act means the Local Government (Rates and Charges Remissions) Act 1991 .

4.   

5.   

6.   Maximum remission

[Regulation 6 Substituted by S.R. 2002, No. 61, Applied:01 Jul 2002]

(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.

7.   Prescribed institutions

[Regulation 7 Substituted by S.R. 1991, No. 187, Applied:01 Jul 1991] For the purpose of section 4(3) of the Act the following are prescribed institutions:

(a) a hospital maintained and operated by a board under the Health (Regional Boards) Act 1991;

(b) a private medical establishment as defined in the Hospitals Act 1977;

(c) an institution declared under section 6 of the Mental Health Act 1963 to be taken as a hospital for the purposes of that Act;

(d) an institution as defined by the Public Welfare Institutions Act 1935.

SCHEDULE 1

SCHEDULE 2

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

Notified in the Gazette on 24 July 1991

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