2012
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Treasurer)
Land Rent Amendment Bill 2012

Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Application of Act
Section 5 (1)	2
	5	New division 3.1	2
	6	Section 9 heading	3
	7	Section 9	3
	8	Discount—decision on application
Section 12 (1)	3
	9	Section 12 (3) and note	3
	10	Discount—hardship
Section 13	4
	11	Discount—review of eligibility
New section 14 (4A) and (4B)	4
	12	New division 3.2	5
	13	Section 33	5
	14	New part 10	6
	15	Dictionary, new definition of registered affordable housing provider	6

2012
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Treasurer)
Land Rent Amendment Bill 2012

A Bill for
An Act to amend the Land Rent Act 2008

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Land Rent Amendment Act 2012.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Land Rent Act 2008.
4	Application of Act
Section 5 (1)
after
other than to
insert
the Territory or
5	New division 3.1
before section 9, insert
Division 3.1	Lessees generally
8A	Application—div 3.1
This division does not apply to a lessee who is a registered affordable housing provider.
6	Section 9 heading
substitute
9	Meaning of lessee—div 3.1
7	Section 9
omit
In this part:
substitute
In this division:
8	Discount—decision on application
Section 12 (1)
after
section 10
insert
(Discount—application)
9	Section 12 (3) and note
substitute
	(3)	If the commissioner grants the discount, the discount applies from the date on which the application under section 10 (Discount—application) was received by the commissioner.
Note 1	For the amount of land rent payable with a discount, see s 8 (1) (a) and (2) (a).
Note 2	Section 30 (Land rent—discount for part of year) applies if the lessee is eligible for a discount for only part of a year.
10	Discount—hardship
Section 13
omit
11	Discount—review of eligibility
New section 14 (4A) and (4B)
insert
	(4A)	The commissioner may grant an extension of time for a lessee to provide a declaration under subsection (4) if satisfied on reasonable grounds that it is appropriate to grant the extension.
	(4B)	If the lessee does not provide a declaration as required under subsection (4) before 30 September or, if an extension is granted under subsection (4A), the extended date—
	(a)	the total income of the lessee, or all of the lessees, is taken to exceed the income threshold amount; and
	(b)	the lessee becomes ineligible for the discount.
12	New division 3.2
after section 16, insert
Division 3.2	Registered affordable housing providers
16A	Meaning of registered affordable housing provider—pt 3
In this part:
registered affordable housing provider means a registered affordable housing provider under the Housing Assistance Act 2007.
16B	Discount—registered affordable housing providers
	(1)	The commissioner may determine that a registered affordable housing provider is entitled to pay discounted land rent for a land rent lease.
	(2)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
13	Section 33
substitute
33	Objections
A decision under section 12 (Discount—decision on application) is prescribed for the Taxation Administration Act, section 100 (Objection).
Note	Objections relating to the commissioner’s determination of the unimproved value of a parcel of land are dealt with under the Rates Act 2004, s 71.
14	New part 10
insert
Part 10	Transitional—Land Rent Amendment Act 2012
50	Application for discount—hardship
	(1)	This section applies if, immediately before the commencement day, the commissioner has received, but not yet decided, an application under section 13 (Discount—hardship).
	(2)	The application is, on the commencement day, taken to be an application under section 10 (Discount—application).
	(3)	In this section:
commencement day means the day the Land Rent Amendment Act 2012 commences.
51	Expiry—pt 10
This part expires 1 year after the day it commences.
Note	Transitional provisions are kept in the Act for a limited time.  A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).
15	Dictionary, new definition of registered affordable housing provider
insert
registered affordable housing provider, for part 3 (Land rent—discount)—see section 16A.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 29 March 2012.
2	Notification
	Notified under the Legislation Act on	2012.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2012