Circumstances where deferment may be allowed
43 Circumstances where deferment may be allowed
In relation to any prescribed charge, the administrative authority may, subject to subsections (1a), (1b) and (2), allow payment of a prescribed charge to be deferred where —
the person liable to pay the charge is an eligible pensioner or is registered as an eligible pensioner during a rating year; and
the conditions to which a rebate of that charge is subject have been met; and
the land to which the charge related belongs to one person only, unless subsection (3) or subsection (4) applies,
but the administrative authority under section 47 may decline to allow the payment to be deferred.
In relation to any land, deferment of the payment of a prescribed charge must not be allowed if the entitlement of the person liable to pay the relevant prescribed charge is as a person who holds a relevant interest of a kind referred to in section 29A, 29B or 29C.
In relation to any land, deferment of the payment of a prescribed charge must not be allowed if the person liable to pay the relevant prescribed charge is registered on the basis of eligibility under section 23(5).
In relation to any land, deferment of the payment of a prescribed charge may only be allowed if —
the entitlement of the person liable to pay the relevant prescribed charge is as the sole owner of the fee simple in possession in that land or as the sole owner of a lot in a leasehold scheme, as defined in the Strata Titles Act 1985 section 3(1); or
subsection (3) or subsection (4) applies.
In relation to land which belongs to several persons, being owners as tenants in common of undivided shares in the land, deferment of the payment of a prescribed charge may be allowed where the charge to which the deferral sought relates is based on an assessment made in respect only of the specific part of that land which —
is in the exclusive occupation of; and
is the ordinary place of residence of,
the person liable to pay the charge, but not otherwise.
In relation to a person liable for the payment of a charge whose entitlement is registered together with an entitlement of some other person as regards the same land (whether or not that other entitlement is a registered entitlement), deferment of the payment of a prescribed charge may be allowed if —
the other person is the spouse or de facto partner of the person liable; or
that other person —
occupies the land as his or her ordinary place of residence; and
is also eligible to defer, and agrees to the deferral of, the payment of the charge,
but not otherwise.
[Section 43 amended: No. 25 of 1993 s. 15; No. 3 of 2001 s. 15; No. 28 of 2003 s. 171; No. 9 of 2005 s. 15; No. 31 of 2006 s. 37; No. 32 of 2006 s. 98; No. 30 of 2018 s. 177.]
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