Rates and Charges (Rebates and Deferments) Act 1992

Subject to this section, where a person (who may or may not have had an entitlement registered in respect of that land) is the sole owner of land and ceases to occupy the land as their ordinary place of residence but leaves there a dependant —

for whom the land had also been, and remains, the ordinary place of residence; and

who —

as occupier, is liable to pay and pays a prescribed charge in respect of the land; and

is an eligible person,

Where land belongs to persons who are or were married or living there together as de facto partners and those persons are divorced, or separate, and cease to live there together, any existing authorisation to defer payment of a prescribed charge shall cease, unless section 45(2) applies, but a rebate may be allowed in respect of any subsequent charged period to either of those persons who —

is an eligible person; and

occupies the land as their ordinary place of residence.

A rebate allowable under subsection (2) in respect of a subsequent charged period shall be apportioned —

where an order —

of a court of summary jurisdiction, made under the Family Court Act 1997; or

of the Family Court of Western Australia; or

made under the Family Law Act 1975 of the Commonwealth; or

made on appeal from a judgment, order or decision made under the Family Court Act 1997 or the Family Law Act 1975 of the Commonwealth,

where —

a financial agreement made under section 90B, 90C or 90D of the Family Law Act 1975 of the Commonwealth; or

a financial agreement made under section 205ZN, 205ZO or 205ZP of the Family Court Act 1997; or

an agreement made under legislation of another State or a Territory which provides for agreements with respect to financial matters in contemplation of, during or after a de facto relationship,

otherwise, under section 28 according to the extent to which the land belongs to an eligible person who occupies the land as their ordinary place of residence.