State Concessions Act 2004

State Concessions Act 2004

Act No. 82/2004

table of provisions

SectionPage

ClausePage

Part 1—Preliminary

1.Purposes

2.Commencement

3.Definitions

4.Declaration of "eligible beneficiary" and "user costs"

Part 2—Ministerial Concession Orders

5.Concession orders

6.Publication of copy of concession order

7.Tabling of concession order in Parliament

8.Validity of concession order

Part 3—Reimbursement of Concessions Granted

9.Reimbursements for certain grants of concession

10.Minister to enter into agreements or arrangements

Part 4—General

Division 1—Regulations

11.Regulations

Division 2—Repeals, Consequential Amendments and Transitional Provisions

12.Repeal of State Concessions Act 1986

13.Consequential amendments to other Acts

14.References

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SCHEDULE—Consequential Amendments to other Acts

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Endnotes

INDEX13

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Victoria

No. 82 of 2004

ClausePage

State Concessions Act 2004[†]

[Assented to 16 November 2004]

Act No. 82/2004

State Concessions Act 2004

Act No. 82/2004

State Concessions Act 2004

The Parliament of Victoriaenacts as follows:

State Concessions Act 2004

Act No. 82/2004

Part 1—Preliminary

1.Purposes

The main purposes of this Act are—

(a)to consolidate legislative responsibility for concessions;

(b)to create a flexible framework for concessions by empowering the Minister t o specify the structure and level of available concessions by Ministerial Order;

(c)to repeal the State Concessions Act 1986 and to make consequential amendments to various other Acts.

2.Commencement

s. 2

(1)Subject to sub-section (2), this Act comes into operation on a day to be proclaimed.

(2) If this Act does not come into operation before 1March 2005, it comes into operation on that day.

3.Definitions

In this Act—

"concession order" means an order made under section 5;

"eligible beneficiary" means a person who during the relevant period—

(a)is an eligible recipient; or

(b)is the holder of a health care card issued under section 1061ZS of the Social Security Act 1991 of the Commonwealth other than—

(i)in respect of a child in foster care; or

(ii)a child in respect of whom a carer allowance under section 953 of that Act is payable; or

(c)is the holder of a Gold Card, being a card issued to a person who is eligible for treatment under Part V of the Veterans' Entitlement Act 1986 of the Commonwealth, other than a dependant (not including the widow or widower) of a veteran; or

(d)belongs to a class or classes of person declared by Order under section 4(1) to be an "eligible beneficiary";

"eligible pensioner" means a person who during the relevant period is the holder of—

s. 3

(a)a pensioner concession card issued under section 1061ZF of the Social Security Act 1991 of the Commonwealth; or

(b)a Gold Card, being a card issued to a person who is eligible—

(i)for treatment under Part V of the Veterans' Entitlement Act 1986 of the Commonwealth; and

(ii)to receive a pension under section 13(1) of that Act as the widow or widower of a veteran within the meaning of that Act;

"eligible person" means a person who during the relevant period is—

(a)an eligible beneficiary; or

(b)an eligible pensioner; or

(c)an eligible recipient;

"eligible recipient" means a person who during the relevant period is—

(a)an eligible pensioner; or

(b)the holder of a Gold Card, being a card issued to a person who is eligible—

(i)for treatment under Part V of the Veterans' Entitlement Act 1986 of the Commonwealth; and

(ii)to receive a pension under section 13(1) of that Act as a totally and permanently incapacitated veteran to whom section 24 of that Act applies;

"relevant period" means the period during which the user cost for which a concession is sought was incurred;

"user cost" means an amount payable (including any interest) in respect of—

(a)rates or charges payable under the Local Government Act 1989;

(b)domestic gas charges;

(c)domestic electricity charges;

(d)domestic water charges;

(e)domestic sewerage charges;

(f)any other charges that the Minister declares by Order under section 4(2) to be user costs for the purposes of this Act.

4.Declaration of "eligible beneficiary" and "user costs"

s. 4

(1)For the purposes of paragraph (d) of the definition of "eligible beneficiary" in section 3, the Minister, by Order published in the Government Gazette, may declare a class or classes of person to be an eligible beneficiary.

(2)For the purposes of paragraph (f) of the definition of "user cost" in section 3, the Minister, by Order published in the Government Gazette, may declare a charge to be a user cost.

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Part 2—Ministerial Concession Orders

5.Concession orders

s. 5

(1)The Minister, by Order published in the Government Gazette, may determine concessions in relation to user costs payable under an Act or otherwise by eligible persons or a class or classes of eligible persons.

(2)If a concession order relates to a user cost payable under an Act, before making the concession order under sub-section (1), the Minister must consult with the Minister administering the provision of the Act under which the user cost is payable.

(3)A concession order may be expressed—

(a)as a pro rata reduction of the user cost to which it applies; or

(b)as an amount payable in respect of, or to be deducted from, the user cost to which it applies in relation to a particular period; or

(c)in any other manner.

(4)Without limiting the subject matter or content of a concession order, a concession order may—

(a)be of general or limited application;

(b)differ according to differences in time, place or circumstance;

(c)be expressed to apply subject to specified conditions;

(d)specify the manner in which an application for the granting of a concession in relation to a particular user cost may be made;

(e)apply in relation to a class or classes of eligible persons specified in the order.

(5)A concession order takes effect—

(a)on the date that the concession order is published in the Government Gazette; or

(b)if a later date is specified in the concession order, on that later date.

6.Publication of copy of concession order

s. 6

The Minister must cause a copy of a concession order to be published in a daily newspaper circulating generally throughout Victoria.

7.Tabling of concession order in Parliament

The Minister must cause a copy of a concession order to be laid before each House of Parliament within 7sitting days after the publication of the concession order in the Government Gazette.

8.Validity of concession order

A failure to comply with section 6 or section 7 does not affect the validity, operation or effect of a concession order.

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Part 3—Reimbursement of Concessions Granted

9.Reimbursements for certain grants of concession

s. 9

(1)The Minister must ensure that an agency, person or body that has an obligation under an Act or otherwise to grant concessions in accordance with a concession order is reimbursed by the State for the concessions granted.

(2)A reimbursement made under sub-section (1) is to be paid from the Consolidated Fund which is, to the necessary extent, appropriated accordingly.

10.Minister to enter into agreements or arrangements

(1)The Minister may enter into an agreement or arrangement with an agency, person or body that has an obligation under an Act or otherwise to grant concessions in accordance with a concession order.

(2)An agreement or arrangement under sub-section(1)—

(a)is for the period and subject to the terms and conditions determined by the parties to the agreement or arrangement; and

(b)must include arrangements for the reimbursement by the State to the agency, person or body of concessions granted in accordance with a concession order.

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Part 4—General

Division 1—Regulations

11.Regulations

s. 11

The Governor in Council may make regulations for or with respect to any matter or thing that is required or permitted by this Act to be prescribed or that is necessary to be prescribed for carrying out or giving effect to this Act.

Division 2—Repeals, Consequential Amendments and Transitional Provisions

12.Repeal of State Concessions Act 1986

The State Concessions Act 1986 is repealed.

13.Consequential amendments to other Acts

An Act specified in the heading to an item in the Schedule is amended as set out in that item.

14.References

On and after the commencement of this Act, unless inconsistent with the context or subject matter, a reference to the State Concessions Act1986 in—

(a)an Act, other than this Act; or

(b)a subordinate instrument within the meaning of the Interpretation of Legislation Act1984; or

(c)any other document—

is deemed to be a reference to the State Concessions Act 2004.

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SCHEDULE

Section 13

Consequential Amendments to other Acts

Sch.

1.Domestic (Feral and Nuisance) Animals Act 1994

1.1In section 15(6)(a), for "State Concessions Act 1986"substitute"State Concessions Act 2004".

2.Duties Act 2000

2.1In section 58(1)(a), for "State Concessions Act 1986"substitute"State Concessions Act 2004".

3.Electricity Industry Act 2000

3.1In section 47(2), after "agreement" insert "and must ensure that the terms and conditions are consistent with any relevant concession order made under the State Concessions Act 2004".

4.Gas Industry Act 2001

4.1In section 49(2), after "agreement" insert "and must ensure that the terms and conditions are consistent with any relevant concession order made under the State Concessions Act 2004".

5.Local Government Act 1989

5.1In section 171(4), for "within the meaning of the State Concessions Act 1986" substitute "within the meaning of the State Concessions Act 2004 who are entitled to be granted a concession under a relevant concession order made under that Act".

5.2Section 171(4)(a) is repealed.

5.3In section 171(4)(c), after "period" insert "in respect of the same rateable land or same part of rateable land".

5.4In section 171(4)(d)—

(a)after "by the Minister" insert "administering the State Concessions Act 2004";

(b)for "State Concessions Act 1986" substitute "State Concessions Act 2004".

5.5In section 171(4)(e), for "Order under paragraph (a)" substitute "concession order".

5.6In section 171(4)(f), for "Minister's approval" substitute "approval of the Minister administering the State Concessions Act 2004".

5.7For section 171(5) substitute—

"(5)The Council must not in respect of a person waive an amount under sub-section (4) which exceeds the amount paid to the Council by the Government of Victoria in respect of that person.

(5AA)An Order under sub-section (4)(a) as in force immediately before the commencement of the State Concessions Act 2004 is deemed to be a concession order within the meaning of that Act in relation to rates, charges or interest payable under this Act until a relevant concession order under that Act is made.".

6.Municipalities Assistance Act 1973

Sch.

6.1For section 2(1) substitute—

'(1)In this Act—

"domestic partner" of a person means a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

"pensioner" means a person who is an eligible recipient within the meaning of the State Concessions Act 2004;

"spouse" of a person means a person to whom the person is married.

(2)For the purposes of the definition of "domestic partner" in sub-section (1), in determining whether persons are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 275(2) of the Property Law Act1958 as may be relevant in a particular case.'.

6.2In section 2(3)—

(a)paragraph (b) is repealed;

(b)after "spouse" (where twice occurring) insert "or domestic partner".

7.Water Act 1989

Sch.

7.1After section 283(3D) insert—

"(3E)An Authority, on the application of a person entitled to so apply under a concession order within the meaning of the State Concessions Act 2004 in relation to any amount due to it under this Act, must, in accordance with that concession order, waive all or part of that amount.

(3F)If a concession order within the meaning of the State Concessions Act 2004 is made, a regulation made for or with respect to waivers under sub-section (3) or an Order made under sub-section (3B) must not—

(a)be inconsistent with the concession order; or

(b)be applied to provide a less advantageous waiver to a person than that to which the person is entitled under the concession order.".

7.2In section 283(4), for "sub-section (1), (3) or (3C)" substitute "sub-section (1), (3), (3C) or (3E)".

8.Water Industry Act 1994

8.1After section 26(2) insert—

"(2A)A licensee, on the application of a person entitled to so apply under a concession order within the meaning of the State Concessions Act 2004 in relation to usage charges or service charges under this Act, must, in accordance with that concession order, remit, excuse or defer the payment of, the whole or any part of such a usage charge or service charge.

(2B)If a concession order within the meaning of the State Concessions Act 2004 is made, an Order made under sub-section (1) must not—

(a)be inconsistent with the concession order; or

(b)be applied to provide a less advantageous remittence, excuse or deferment of the payment of the whole or any part of a usage charge or service charge under this Act to a person than that to which the person is entitled under the concession order.".

8.2In section 26(3)(a), after "sub-section (2)" insert "or (2A)".

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State Concessions Act 2004

Act No. 82/2004

Endnotes

[†] Minister's second reading speech—

Legislative Assembly: 14 October 2004

Legislative Council: 10 November 2004

The long title for the Bill for this Act was "to remake with amendments the law relating to certain concessions, to repeal the State Concessions Act 1986, to make various consequential amendments to other Acts and for other purposes."

INDEX

Subject / Section
Act
commencement / 2
consequential amendments to other Acts / 13, Sch.
deemed references to / 14
purposes / 1
repeals / 12
Charges See User costs
Concession orders
contents / 5
date of taking effect / 5
definition / 3
manner in which expressed / 5
Minister's power to make / 5
publication / 5, 6
tabling in Parliament / 7
validity / 8
Concessions
agreements, arrangements for granting of / 10
in other Acts / 13, Sch.
reimbursement of concessions granted / 9, 10
See also Concession orders
Consolidated Fund / 9
Definitions / 3
Eligible beneficiaries
declarations / 4
definition / 3
Eligible pensioners (def.) / 3
Eligible persons (def.) / 3
Eligible recipients (def.) / 3
Minister
agreements, arrangements for granting concessions / 10
concession orders / 5–7
declarations as to eligible beneficiaries, user costs / 4
reimbursement of concessions granted / 9, 10
Pensioners See Eligible pensioners
Regulations / 11
Reimbursement / 9, 10
Relevant period (def.) / 3
Repeals / 12
State Concessions Act 1986
references to deemed to be references to this Act / 14
repeal / 12
User costs
declarations / 4
definition / 3
See also Concession orders