State Concessions Act 2004

to consolidate legislative responsibility for concessions;

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

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

Subject to subsection (2), this Act comes into operation on a day to be proclaimed.

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

is an eligible recipient; or

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

in respect of a child in foster care; or

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

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

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

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

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; and

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;

an eligible beneficiary; or

an eligible pensioner; or

an eligible recipient;

an eligible pensioner; or

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; and

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;

rates or charges payable under the Local Government Act 1989;

domestic gas charges;

domestic electricity charges;

domestic water charges;

domestic sewerage charges;

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

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.

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.

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.

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

A concession order may be expressed—

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

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

in any other manner.

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

be of general or limited application;

differ according to differences in time, place or circumstance;

be expressed to apply subject to specified conditions;

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

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

A concession order takes effect—

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

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

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.

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

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.

An agreement or arrangement under subsection (1)—

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

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