21Determination of objection

21 Determination of objection

(1) An objection must be determined in accordance with section 20 and this section.

S. 21(2) substituted by No. 94/2009 s. 27(1), amended by No. 69/2011 s. 60, substituted by No. 50/2024 s. 86(1).

(2) A rating authority must refer a valid objection lodged with the rating authority to the valuer-general.

S. 21(2A) inserted by No. 94/2009 s. 27(1), substituted by No. 50/2024 s. 86(1).

(2A) The valuer-general must refer a valid objection referred to the valuer-general under subsection (2), or forwarded to the valuer‑general under section 16(6B), to—

(a) the valuer who made the valuation; or

(b) another valuer appointed by the valuer‑general.

S. 21(2AB) inserted by No. 50/2024 s. 86(1).

(2AB) For subsections (2) and (2A), an objection is valid if it—

(a) is lodged within the time required by section 18; and

(b) meets the requirements of sections 16 and 17, or 17A, as the case requires.

S. 21(2B) inserted by No. 94/2009 s. 27(1), substituted by No. 50/2024 s. 86(1).

(2B) The valuer to whom the objection is referred must provide the objector with a reasonable opportunity to discuss the objection with the valuer.

(3) Within 4 months after receiving the objection, the valuer must—

(a) if he or she considers that no adjustment in the valuation is justified—give the objector written notice of that decision; or

(b) if he or she considers that an adjustment in the valuation is justified—

(i) recommend accordingly to the valuer-general; and

S. 21(3)(b)(ii) amended by Nos 94/2009 s. 27(2), 50/2024 s. 86(2).

(ii) give the objector a copy of the recommendation.

(4) The valuer-general, after consultation if practical with the valuer, must determine the objection as follows—

(a) the valuer-general may disallow the recommended adjustment in whole or part if, in his or her opinion, the adjusted valuation is not correct; or

(b) in any other case, the valuer-general must confirm the recommended adjustment.

S. 21(5) amended by Nos 94/2009 s. 27(3), 67/2017 s. 72.

(5) Within 2 months after receiving the recommendation, the valuer-general must give written notice of his or her decision to the objector, the valuer and any rating authority that uses or proposes to use the valuation.

S. 21(5A) inserted by No. 50/2024 s. 86(3).

(5A) Subsection (5) does not require the valuer‑general to give written notice of a decision to the Commissioner if the valuer‑general has notified the Commissioner of the decision under section 21A(2).