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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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