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Local Government Act 1999
Div 8The assessment record
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Division 8—The assessment record
172—Chief executive officer to keep assessment record
(1) The chief executive officer of a council must ensure that a record (the assessment record) is kept in which is entered—
(i) a brief description of each separate piece of rateable land in the area; and
(ii) the rateable value of the land; and
(b) if a service charge is imposed by the council on non-rateable land in the area—a brief description of that land; and
(c) the name and address of the owner of the land; and
(d) if the owner is not the principal ratepayer in respect of the land—the name and address of the principal ratepayer; and
(e) so far as is known to the chief executive officer, the name of any occupier of the land (not being an owner or principal ratepayer in respect of the land); and
(f) if the land is rated on the basis of a particular land use—that land use; and
(g) other prescribed information.
(2) An occupier of land may, with the consent of the owner, apply to the chief executive officer of a council, in a manner and form approved by the chief executive officer, to have the occupier's name entered in the assessment record as the principal ratepayer in respect of the land.
(3) If an application is duly made under subsection (2), the chief executive officer must enter the occupier's name in the assessment record as the principal ratepayer.
(4) Despite subsection (1), if the chief executive officer is satisfied that the inclusion in the assessment record of the name or address of a person would place at risk the personal safety of that person, a member of that person's family or any other person, the chief executive officer may suppress the name or address from the assessment record.
(5) If the chief executive officer is satisfied that a person's address is suppressed from the roll under the Electoral Act 1985, the chief executive officer must—
(a) if the person's residential address is included in respect of rateable property that the person owns but does not occupy—suppress the person's residential address from the assessment record;
(b) if the person's residential address is rateable land described in the assessment record—suppress the person's name from the assessment record in relation to that land.
(6) The chief executive officer may, as he or she thinks fit—
(a) keep the assessment record in any form that allows for the accurate recording of information and easy access to that information; and
(b) make any alteration to the assessment record that may be necessary to keep the record in a correct and up-to-date form.
173—Alterations to assessment record
(1) Application may be made to the chief executive officer of a council for an alteration of the assessment record—
(a) by an owner or occupier of land, on the ground that particular information entered in the assessment record is incorrect or has not been recorded in accordance with this Act; or
(b) by an occupier of land who is also the principal ratepayer in respect of the land, on the ground that the person no longer wishes to be the principal ratepayer.
(2) An application under subsection (1) must be made in a manner and form approved by the chief executive officer.
(3) If a person is dissatisfied with the outcome of his or her application, the person may request the council to review the matter.
(4) A request under subsection (3) must be made to the council in writing (setting out a full and detailed statement of the grounds on which the request is made).
(5) The procedure before the council on a review under this section will be as determined by the council and the council may, in its discretion, decide whether to permit the person who requested the review to appear personally or by representative before it.
(6) The council must give the person written notice of its decision on a review.
(7) A person who is dissatisfied with the decision of the council on a review may apply to SACAT for a review of the decision under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.
174—Inspection of assessment record
(1) A person is entitled to inspect the assessment record at the principal office of the council during ordinary office hours.
(2) A person is entitled, on payment of a fee fixed by the council, to a copy of an entry made in the assessment record.
(3) A person who inspects the assessment record or obtains a copy of an entry made in the assessment record under this section must not use the information so obtained for advertising or marketing activities for commercial purposes.
Maximum penalty: $10 000.
175—Duty of Registrar-General to supply information
(a) an estate in fee simple or an estate of freehold in Crown land is granted to a person; or
(b) a lease of Crown land is granted to a person, or a transfer of a lease (or part of a lease) of Crown land is consented to,
and the estate, lease or transfer is registered in the Lands Titles Registration Office, the Registrar-General must furnish to the council for the area within which the land is situated for noting in the assessment record—
(c) the full name of the person in whose name the estate or lease is so registered, or of the transferee; and
(d) the particulars of the estate or lease.
(2) A notice furnished under subsection (1) is, unless the contrary is proved, sufficient evidence of the matters stated in the notice for the purposes of this Chapter.