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FIRE SERVICES PROPERTY LEVY ACT 2012 (NO. 58 OF 2012)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purpose
2. Commencement
3. Definitions
4. Meaning of owner
5. Meaning of non-reviewable in relation to certain determinations or decisions
6. Act binds the Crown
PART 2--THE FIRE SERVICES PROPERTY LEVY
7. What is the fire services property levy?
8. Property that is subject to the levy
9. Determining the parcel of land owned or occupied for levy purposes
10. Land that is not subject to the levy
11. Amount of fixed charge determined by land use classification
12. Determination of levy rates
13. Levy rates may be based on location and land use classification
14. Levy rates based on location of leviable land
15. Levy rates based on land use classification of leviable land
16. Use of valuations
17. Calculating the levy amount payable
18. Minister may specify maximum levy amount payable
19. Liability to pay levy
20. Councils to pay only fixed charge in respect of specified leviable land
PART 3--COLLECTION OF LEVY BY COLLECTION AGENCY
Division 1--Appointment, functions and general powers
21. Appointment, functions and powers of a collection agency under this Act
22. Further powers of collection agencies
23. Authorised officers
24. Levy records to be kept by a collection agency
Division 2--Levy collection by collection agencies
25. Levy assessment notice
26. Payment of levy amount
27. Deferred payments and waiver in respect of rateable leviable land
28. Deferred payments and waiver in respect of non-rateable leviable land that is classified residential
29. Concessions
30. Collection agency must charge levy interest on unpaid levy amount
31. Joint liability to pay levy
32. Person acquiring leviable land
33. Collection agency may require occupier to pay rent
34. Recovery of levy not affected by objection, review or appeal
35. Unpaid levy amount
36. Refund of amounts overpaid
37. Levy amounts and levy interest collected by collection agency to be separately accounted for
38. Cancellation of assessment of liability to pay levy amount made in error
39. Revised assessment of liability to pay levy amount
Division 3--Collection agency returns and payment of levy to Commissioner
40. Returns to be submitted to the Commissioner
41. Payment of collected levy to Commissioner
PART 4--COMMISSIONER OVERSIGHT
Division 1--Administration of Part
42. Administration
43. Authorised officers
44. Identity cards for authorised officers performing functions under this Part
45. Delegation
46. Provision of staff
47. Use of consultants and contractors
Division 2--Role of, and functions and powers of, Commissioner
48. Functions and powers of the Commissioner under this Act
49. Commissioner to keep proper accounts
50. Levy paid into Consolidated Fund on receipt by Commissioner
51. Minister may request the Commissioner to investigate collection costs of collection agencies
52. Commissioner to pay fees to collection agencies following determination by Minister
53. Power of Commissioner under this Part
Division 3--Investigative powers
54. Power of investigation
55. Power of entry, search and inspection
56. Search warrant
57. Announcement before entry
58. Copy of warrant to be given to occupier
59. Protection against self-incrimination
60. Access to public records without fee
Division 4--Miscellaneous provisions
61. Means of payment by collection agencies
62. Appropriation of Consolidated Fund
63. Legal proceedings in Commissioner's name
PART 5--SECRECY AND GENERAL PROVISIONS
Division 1--Secrecy
64. Prohibition on certain disclosures of information by authorised persons
65. Permitted disclosures to particular persons
66. Permitted disclosures of a general nature
67. Permitted disclosure that may identify a particular person
68. Prohibition on secondary disclosure of information
69. Further restrictions on disclosure
Division 2--General
70. Collection agency fees for levy functions determined by Minister
71. Alteration of levy records
72. Minister may issue directions
73. Delegation by Minister
74. Minister may request suspension of Council
Division 3--Service
Subdivision
1--Service on or by a collection agency
75. Service on a collection agency
76. Service on a person by a collection agency
77. Evidence of service
Subdivision
2--Service on or by the Commissioner
78. Service of documents on Commissioner
79. Day of service of document or payment of money
80. Service of documents by Commissioner
81. Service on a person by the Commissioner
Division 4--Miscellaneous
82. Obstructing collection agency
83. Regulations
84. Supreme Court—Limitation of jurisdiction
PART 6--TRANSITIONAL ARRANGEMENTS
Division 1--Review of the insurance industry
85. Definitions
86. Commission to review premiums of insurance companies following introduction of levy under this Act
87. Conduct of review
88. Objectives not to apply
89. Powers relating to reviews
90. Protection against self-incrimination
91. Report
Division 2--Amendment of Essential Services Commission Act 2001
92. Amendment of section 10—Functions of the Commission
93. Amendment of section 38—Restriction on disclosure of confidential information
PART 7--AMENDMENT OF COUNTRY FIRE AUTHORITY ACT 1958
94. Amendment of section 3—Definitions
95. Amendment of sections 7 and 10—Constitution and quorum of Authority
96. Amendment of section 75—Annual estimate of expenditure and revenue
97. Amendment of section 76—Amounts of contributions
98. Amendment of section 77—Returns of premiums
99. Amendment of section 78—Penalties in relation to returns
100. Repeal of section 103A
101. Repeals
102. New section 117 inserted—Transitional—Constitution of the Authority
PART 8--AMENDMENT OF METROPOLITAN FIRE BRIGADES ACT 1958
103. Amendment of section 3—Definitions
104. Amendment of section 36—Annual estimate of expenditure and revenue
105. Amendment of section 37—Contributions towards annual expenditure
106. Amendment of section 40—Returns of premiums
107. Amendment of section 41—Penalties in relation to returns
108. Amendment of section 47—Power of Minister in case of default of Board
109. Repeal of section 69A
110. Repeals
PART 9--AMENDMENT OF VALUATION OF LAND ACT 1960
111. Amendment of section 2—Definitions
112. Amendment of section 5—Functions of valuer-general
113. Amendment of section 6—Participation in general valuations made by a valuation authority
114. Amendment of section 7—Requirement to confer with valuer-general
115. Amendment of section 7AA—Requirement to report on council general valuation
116. Amendment of section 7AB—Return of amended council general valuation
117. Amendment of section 7AC—Assessment of council general valuation by valuer-general
118. Amendment of section 7AE—Order where council general valuation reported not generally true and correct
119. Amendment of section 7AF—Declaration where general valuation certified true and correct
120. Amendment of sections 7AG and 7A—Restriction on payment of valuers for general valuations
121. Amendment of section 7B—Council to provide valuation to valuer-general
122. Amendment of section 7C—Valuer-general to maintain valuation record
123. Amendment of section 8AA—Fees for copy of valuation
124. Amendment of section 13DC—Valuations generally
125. Amendment of section 13DF—Supplementary valuation
126. New Part IIA inserted
127. Amendment of section 15—Notice of valuation
128. Amendment of section 16—Who may object?
129. Amendment of section 17—Grounds for objection
130. Amendment of section 19—Further limitation on lodging objections if previous objection lodged
PART 10--CONSEQUENTIAL AMENDMENT TO VICTORIAN MANAGED INSURANCE AUTHORITY ACT 1996 AND REPEAL
Division 1--Consequential amendment
131. Amendment of Victorian Managed Insurance Authority Act 1996
Division 2--Repeal
132. Repeal
PART 11--FURTHER AMENDMENT OF ESSENTIAL SERVICES COMMISSION ACT 2001 AND RELATED REPEALS
133. Repeal of Division 1 of Part 6
Division 1--of Part 6 is repealed.s. 133
134. Amendment of section 10—Functions of the Commission
135. Amendment of section 38—Restriction on disclosure of confidential information
136. Repeal
SCHEDULE
ENDNOTES
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