110Rates of charges

110 Rates of charges S. 110(1) amended by No. 127/1986 s. 102(Sch. 4 item 29.2). (1) The amount of the transport accident charge applicable to a motor vehicle is the amount prescribed or determined as prescribed. S. 110(1AA) inserted by No. 84/2000 s. 34(1). (1AA) In this section ***prescribed*** means prescribed by a charges order made under this section after the commencement of section 34 of the **Transport Accident (Amendment) Act 2000**. S. 110(1A) inserted by No. 32/1988 s. 26(1). (1A) The Commission may determine that the transport accident charge applicable to a motor vehicle that is usually kept outside Victoria is a specified amount that is less than the amount prescribed or determined as prescribed if circumstances or conditions determined by the Commission apply. S. 110(2) amended by No. 32/1988 s. 26(2)(a)(b). (2) The amount of a transport accident charge prescribed or determined as prescribed shall be varied, in respect of the financial year beginning on 1 July 1987 and each subsequent financial year in accordance with the formula— A is the amount of the transport accident charge in force immediately before the beginning of that financial year. B is the all groups consumer price index for Melbourne as at 31 March in the preceding financial year published by the Australian Statistician in respect of the December quarter of that financial year. C is the all groups consumer price index for Melbourne as at 31 March in the year preceding the preceding financial year published by the Australian Statistician in respect of the December quarter preceding that 31 March. (3) If it is necessary for the purposes of this section to calculate an amount that consists of or includes a fraction of a whole number, the amount shall be deemed to have been calculated in accordance with this section if the calculation is made, to the nearest whole $1. (4) Where an amount is varied in accordance with subsections (2) and (3), the amount as varied is the amount of the relevant transport accident charge. S. 110(5) amended by No. 127/1986 s. 102(Sch. 4 item 29.2), repealed by No. 34/1998 s. 17(a), new s. 110(5) inserted by No. 24/2000 s. 17(1). (5) Despite subsection (2), the amount of a transport accident charge prescribed or determined as prescribed shall be varied, in respect of the financial year beginning on 1 July 2000, in accordance with the formula— A is the amount of the transport accident charge in force immediately before 1 July 2000. B is the lower of— (a) the all groups consumer price index for Melbourne as at 31 March 2000 published by the Australian Statistician in respect of the December quarter of the financial year 1999/2000; and (b) the figure prescribed under subsection (6)(d) (if any). C is the all groups consumer price index for Melbourne as at 31 March 1999 published by the Australian Statistician in respect of the December quarter preceding that 31 March. S. 110(5A) inserted by No. 24/2000 s. 17(1). (5A) Despite subsection (2), the amount of a transport accident charge prescribed or determined as prescribed shall be varied, in respect of the financial year beginning on 1 July 2001, in accordance with the formula— A is the amount of the transport accident charge in force immediately before 1 July 2001. B is the lower of— (a) the all groups consumer price index for Melbourne as at 31 March 2001 published by the Australian Statistician in respect of the December quarter of the financial year 2000/2001; and (b) the figure prescribed under subsection (6)(e) (if any)— less the figure determined by the Treasurer under subsection (5B). C is the all groups consumer price index for Melbourne as at 31 March 2000 published by the Australian Statistician in respect of the December quarter preceding that 31 March. S. 110(5B) inserted by No. 24/2000 s. 17(1). (5B) For the purposes of item B in the formula in subsection (5A), the Treasurer, by notice published in the Government Gazette on or before 30 June 2001, must determine a figure that, in his or her opinion, represents the amount of the all groups consumer price index for Melbourne as at 31 March 2001 published by the Australian Statistician in respect of the December quarter of the financial year 2000/2001 that is attributable to GST. S. 110(5C) inserted by No. 24/2000 s. 17(1). (5C) Where an amount is varied in accordance with subsection (5) or (5A) and subsection (3), the amount as varied is the amount of the relevant transport accident charge. S. 110(6) inserted by No. 32/1988 s. 26(3), amended by No. 84/2000 s. 34(2). (6) The charges order— (a) may prescribe the amount, or a method of determining the amount, of the transport accident charge applicable to a motor vehicle; and S. 110(6)(b) amended by No. 84/2000 s. 34(2). (b) may, under paragraph (a), prescribe an amount that is greater or less than an amount previously prescribed by the charges order; and S. 110(6)(c) amended by No. 24/2000 s. 17(2). (c) may provide that subsection (2) does not apply in respect of a specified financial year; and S. 110(6)(d) inserted by No. 24/2000 s. 17(2). (d) may prescribe a figure that is less than the all groups consumer price index for Melbourne as at 31 March 2000 published by the Australian Statistician in respect of the December quarter of the financial year 1999/2000 for the purposes of determining the variation of the amount of a transport accident charge in respect of the financial year beginning on 1 July 2000; and S. 110(6)(e) inserted by No. 24/2000 s. 17(2). (e) may prescribe a figure that is less than the all groups consumer price index for Melbourne as at 31 March 2001 published by the Australian Statistician in respect of the December quarter of the financial year 2000/2001 for the purposes of determining the variation of the amount of a transport accident charge in respect of the financial year beginning on 1 July 2001. S. 110(7) inserted by No. 24/2000 s. 17(3). ***GST*** has the same meaning as it has in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth except that it includes notional GST of the kind for which payments may be made under Part 3 of the **National Taxation Reform (Consequential Provisions) Act 2000** by a person that is a State entity within the meaning of that Act. S. 110(8) inserted by No. 84/2000 s. 34(3). (8) The Governor in Council may on the recommendation of the Commission by Order in Council make a charges order. S. 110(9) inserted by No. 84/2000 s. 34(3). (9) A charges order— (a) must be published in the Government Gazette; (b) takes effect on and from the date on which it is published or any later date of commencement as may be specified in the order. S. 110(10) inserted by No. 84/2000 s. 34(3). (10) A charges order may— (a) apply generally or be limited in its application by reference to specified exceptions or factors; (b) apply differently according to different factors of a specified kind; (c) specify different methods of calculation whether by reference to formulas, scales, tables or other means; (d) apply, adopt or incorporate (with or without modification) the provisions of any document, code, standard, rule, specification or method whether as formulated, issued, prescribed or published at the time the order is made; (e) authorise any specified person or body to determine or apply a specified matter or thing. S. 110A inserted by No. 73/1996 s. 96, repealed by No. 84/2000 s. 35(1).