171Waiver

171 Waiver S. 171(1) substituted by No. 109/2003 s. 85. (1) The Council may waive the whole or part of any rate or charge or interest in relation to— (a) an eligible recipient under subsection (4); or (b) any other class of persons determined by the Council for the purpose of waiving rates or charges on the grounds of financial hardship. S. 171(2) substituted by No. 109/2003 s. 85. (2) A resolution of the Council for the purposes of subsection (1)(b) must include the objectives to be achieved by the waiver. S. 171(3) repealed by No. 109/2003 s. 85. S. 171(4) amended by Nos 78/1991 s. 7(1), 82/2004 s. 13(Sch. item 5.1). (4) The following provisions apply to the waiver of the whole or part of any rates or charges or interest in relation to eligible recipients within the meaning of the **State Concessions Act 2004** who are entitled to be granted a concession under a relevant concession order made under that Act— S. 171(4)(a) repealed by No. 82/2004 s. 13(Sch. item 5.2). S. 171(4)(b) amended by No. 13/1990 s. 19(a). (b) a person may only apply for a waiver in respect of rateable land or a part of rateable land which is used exclusively for residential purposes by that person and is that person's sole or principal place of residence; S. 171(4)(ba) inserted by No. 78/1991 s. 7(2). (ba) in addition, if the person does not own the land or part, he or she may only apply for a waiver if— (i) he or she is liable to pay those rates or charges or interest (or an amount in place of, or on account of, those rates or charges or interest), whether under an agreement with the owner or for any other reason; or (ii) he or she holds a residence right in a retirement village (as defined in the **Retirement Villages Act 1986**); or (iii) he or she made a valid application in respect of the land under section 298(1A) of the **Local Government Act 1958**, or continued to have a valid application under section 298(1AC) of that Act, in the 12 months immediately before the commencement of this section; S. 171(4)(c) amended by No. 82/2004 s. 13(Sch. item 5.3). (c) a person may make only one application for each rating period in respect of the same rateable land or same part of rateable land; S. 171(4)(d) substituted by No. 13/1990 s. 19(b), amended by Nos 99/1994 s. 3(2)(e), 11/2002 s. 3(Sch. 1 item 42), 82/2004 s. 13(Sch. item 5.4(a)(b)). (d) an application must be in the form approved by the Minister administering the **State Concessions Act 2004** and must be made on or before 30 April in the financial year in respect of the rate or charge for which the waiver is sought, but the Minister administering the **State Concessions Act 2004** may approve late applications or extend the closing date for applications, either generally or specifically; S. 171(4)(e) amended by No. 82/2004 s. 13(Sch. item 5.5). (e) the Council must, on receipt of an application which complies with this subsection, waive the amount which is in accordance with the concession order; S. 171(4)(f) amended by Nos 13/1990 s. 19(c)(i)(ii), 82/2004 s. 13(Sch. item 5.6). (f) subject to the approval of the Minister administering the **State Concessions Act 2004**, a Council which waives an amount in respect of rateable land or a part of rateable land under this subsection may decide to treat the person who was granted the waiver as having made a continuing application for a waiver in respect of the rateable land or part, unless the person advises the Council that a waiver is no longer sought. S. 171(5) substituted by No. 82/2004 s. 13(Sch. item 5.7). (5) The Council must not in respect of a person waive an amount under subsection (4) which exceeds the amount paid to the Council by the Government of Victoria in respect of that person. S. 171(5AA) inserted by No. 82/2004 s. 13(Sch. item 5.7). (5AA) An Order under subsection (4)(a) as in force immediately before the commencement of the **State Concessions Act 2004** is deemed to be a concession order within the meaning of that Act in relation to rates, charges or interest payable under this Act until a relevant concession order under that Act is made. S. 171(5A) inserted by No. 78/1991 s. 7(3). (5A) The Council may also waive an amount of rate or charge or interest payable by a person if the person has a legally enforceable right to recover that amount (whether directly or indirectly) from an eligible recipient who would be eligible to apply for a waiver of that amount under subsection (4) if that eligible recipient was liable to the Council for that amount. S. 171(5B) inserted by No. 78/1991 s. 7(3). (5B) The Council may only waive the amount under subsection (5A) on the application of the eligible recipient. (6) A person who— (a) gives to a Council any information which is false or misleading in any material particular in respect of an application under this section; or (b) fails to notify a Council of any change in circumstances which is relevant to an application or to a waiver granted under this section— is guilty of an offence. S. 171A inserted by No. 109/2003 s. 86.