Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSection 22GK of the Principal Act is amended by omitting subparagraph (2) (d) (i) and substituting the following subparagraph:
“(i) the determined fee;”.
8. Imposition and assessment of rates—certain parcels of land in City Area
Section 22GM of the Principal Act is amended by omitting from the formula in the modification of subsection 13 (3) made by subsection (2) “$240”, “1.1657” and “1.1144” and substituting “$260”, “1.2776” and “1.1046” respectively.
9. Objections
Section 22GV of the Principal Act is amended by inserting after subsection (2) the following subsection:
“(2A) A notice of objection shall be accompanied by the determined fee.”.
10. Review of decision that land rateable
Section 28C of the Principal Act is amended by inserting after subsection (2) the following subsection:
“(2A) An application for reconsideration shall be accompanied by the determined fee.”.
11. Objections to determinations
Section 29 of the Principal Act is amended by inserting after subsection (1) the following subsection:
“(1A) An application shall be accompanied by the determined fee.”.
12. Review of interest decision
Section 30 of the Principal Act is amended by inserting after subsection (2) the following subsection:
“(2A) An application shall be accompanied by the determined fee.”.
13. Insertion
After section 35 of the Principal Act the following sections are inserted:
“36. Determination of fees
The Minister may, by notice in writing published in the Gazette , determine fees for the purposes of this Act.
“37. Refund of certain fees
“(1) This section applies to a fee required to be paid under section 22GE, 22GV, 28C, 29 or 30.
“(2) The Commissioner shall refund a fee to which this section applies if—
(a) the Commissioner allows the objection in whole or in part; or
(b) where the owner of a parcel of land is entitled to appeal to the Administrative Appeals Tribunal or to a court—the owner so appeals and—
(i) the Tribunal or a court hearing an appeal on the matter upholds the objection in whole or in part;
(ii) the period in which any further appeal can be made has ended; and
(iii) neither the owner nor the Commissioner has appealed against the decision in relation to a part of the objection that was upheld.
“(3) In this section—
14. Insertion
After section 48 of the Principal Act the following section is inserted:
“49. Transitional provision—certain determinations may be retrospective
“(1) Despite section 7 of the Subordinate Laws Act 1989 , if a determination of a fee under section 36—
(a) is made before 31 July 1999; and
(b) is expressed to have effect from a date not earlier than 1 July 1999;
the determination is taken to have effect from that date.
“(2) This section ceases to operate on 31 July 1999.”.
NOTE
1. Reprinted as at 31 January 1998. See also Acts Nos. 13 and 54, 1998; Nos. 3 and 5, 1999.
[Presentation speech made in Assembly on 4 May 1999]
© Australian Capital Territory 2003