Proportionate interests
28 Proportionate interests
Where land is, for the purposes of this Act, treated as belonging to a number of persons —
the administrative authority shall have regard to, but is not necessarily required to determine any entitlement in accordance with, any relevant determination —
made under the Valuation of Land Act 1978; or
made under the Strata Titles Act 1985 Part 5 Division 4; or
made under Part 5 Division 3 of the Community Titles Act 2018;
and
the administrative authority shall apportion any prescribed charge, and any rebate allowable, according to —
the extent of the several respective interests, on a basis proportionate to those interests; and
if the applicant or registered person does not occupy the whole of the land as their ordinary place of residence, the extent to which it is so occupied,
except where section 31(3)(a) or (aa) applies or where in accordance with the procedural manual some other basis is permissible and in the opinion of the administrative authority is more appropriate.
Where although land is used as the ordinary place of residence of an applicant or registered person it is not the sole use of that land, the administrative authority may apportion the prescribed charge, and any rebate allowable, according to —
the extent to which the land is so used as a place of residence; and
any other use,
on a basis proportionate to the respective uses.
Notwithstanding that a person may be both an eligible pensioner and an eligible senior that person, pursuant to section 32(4), must elect under which basis of eligibility the entitlement of that person is to be registered, and where any land is to be treated as belonging —
to an applicant and the spouse or de facto partner of an applicant; or
to a number of persons,
the maximum rebate allowable in respect of a prescribed charge on that land for any charged period shall not exceed 50% regardless of the basis of eligibility of either spouse or de facto partner or of any of those persons or of the manner in which it is apportioned.
Where land is, for the purposes of this Act, treated as belonging both to —
an eligible person; and
some other person, not being the spouse or de facto partner of that eligible person, who is not an eligible person,
the administrative authority, having in accordance with section 7 determined the nature and extent of the entitlement of the eligible person, shall make the apportionments referred to in subsections (1) and (2) and allow a proportionate rebate of the prescribed charge.
Where, before the coming into operation of Part 2 of the Rates and Charges (Rebates and Deferments) Amendment Act 1993, any administrative authority allowed to an eligible person a proportionate rebate, that proportionate rebate shall be taken to have been authorised under this Act.
[Section 28 amended: No. 25 of 1993 s. 7; No. 3 of 2001 s. 8; No. 28 of 2003 s. 169; No. 9 of 2005 s. 10; No. 30 of 2018 s. 175; No. 32 of 2018 s. 231.]
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