Rates Act 2004
45Definitions for pt 7
Start here
Get a plain-English read of 45
Turn the raw legal text into a practical explanation grounded in Rates Act 2004.
45 Definitions for pt 7 In this part: deferral determination means a determination under section 46 (Determination for deferral of rates on application) or section 47 (Determination for deferral of rates without application), and includes a deferral determination as amended under section 50. domestic relationship—see the Domestic Relationships Act 1994, section 3. eligible person means— (a) a pensioner; or (b) a non-pensioner who is the partner of a special rate pensioner and is not separated from the pensioner; or (c) a non-pensioner who— (i) was the partner of a special rate pensioner until the pensioner’s death; and (ii) was not separated from the pensioner immediately before the death; and (iii) has not subsequently formed a partnership with someone else; or (d) a special disability trust.
Interpretation for pt 7 Division 7.1 owner, of a parcel of land— (a) means— (i) for a parcel held under a lease—the lessee (or, if 2 or more people are lessees, each lessee); or (ii) for a parcel held under a declared land sublease—the sublessee (or, if 2 or more people are sublessees, each sublessee); or (iii) for a parcel held under a lease in trust for the beneficiary of a special disability trust—the special disability trust; or (iv) for a parcel of land held in fee simple—the person in whom the fee simple is vested (or, if it is vested in 2 or more people, each person in whom it is vested); and (b) for division 7.3 (Rebate of rates), includes someone who— (i) has a life interest, or an interest for a term of years, in the parcel under a will or court order; and (ii) is liable under the will or court order for rates for the parcel. partner—a person’s partner is either of the following: (a) the person’s spouse, civil union partner or civil partner; (b) someone with whom the person has a domestic relationship. partnership means the partnership between 2 partners. pensioner means— (a) a person to, or for whom, a pension, allowance or benefit is being paid under the Social Security Act 1991 (Cwlth) and who has been given a pensioner concession card under that Act; or (b) a service pensioner within the meaning of the Veterans’ Entitlements Act 1986 (Cwlth); or
(c) a person who has been given a card or other written authority by the Commonwealth that evidences the person’s eligibility under the Veterans’ Entitlements Act 1986 (Cwlth) or the Military Rehabilitation and Compensation Act 2004 (Cwlth) to be given treatment for all injuries suffered, and all diseases contracted, by the person; or (d) a person who is (or was) in a partnership who would be eligible as a pensioner mentioned in paragraph (a) because of that partnership if the person’s partner were (or had been) the person’s partner within the meaning of the Social Security Act 1991 (Cwlth), section 4; or (e) a person who is (or was) in a partnership who would be eligible as a pensioner mentioned in paragraph (b) because of that partnership if the person’s partner were (or had been) the person’s partner within the meaning of the Veterans’ Entitlements Act 1986 (Cwlth), section 5E; or (f) a person who— (i) was in a partnership until the death of the person’s partner; and (ii) would be eligible under the Veterans’ Entitlements Act 1986 (Cwlth), section 86 to be given treatment mentioned in paragraph (c) because of the partner’s death if the person were the partner’s dependant within the meaning of that Act, section 11; or (g) a person who— (i) was in a partnership until the death of the person’s partner; and