Ian Gilfillan

 Extract from Hansard

 Legislative Council
29 July 1999

 

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LOCAL GOVERNMENT BILL
MINISTERIAL APPROVAL STILL REQUIRED FOR ANY NEW FORM OF RATES

Debate on the Local Government package of Bills. i.e. 
  • Local Government Bill 1999,
  • Local Government (Elections) Bill 1999,
  • Statutes Repeal and Amendment Bill (Local Government) 1999

took place in the Legislative Council over two weeks: from 27 July to 5 August 1999.  For ease of reference on the Democrats web site the debates have been separated into individual pages, each page containing an edited transcript of only one aspect of the total package.

This page covers only the Democrats amendment which sought to exclude the need to get Ministerial approval for any "separate" or new form of rates.  For an index of other topics covered in the Local Government Bills, see the Democrats Local Government page, or the 1999 Budget Session Index

Clause 155.

The Hon. IAN GILFILLAN: I move:

Page 116, line 15—Delete the words, `under or with the approval of the Minister,'.

It is consistent with a theme which I have attempted to put through the Bill of removing what I see to be unnecessary intrusion or determination by the Minister and leaving those relevant decisions to be made by the council. In this case, it is with respect to separate rates. Clause (2) provides:

A separate rate may be based on—

(a) the value of land subject to the rate; or—

and this is the paragraph I am amending—

(b) under or with the approval of the Minister, a proportional measure or other proportional basis related to the relevant land or the area, or to the estimated benefit to the occupiers of the land in the part of the area subject to the rate.

Quite simply, my amendment would relieve the council of the obligation to have to get the approval of the Minister to make a decision to have a separate rate on that basis.

The Hon. DIANA LAIDLAW: The Government opposes the amendment. The Bill provides for ministerial approval only if a council intends to use a basis other than land value for a separate rate, so it is not broad ranging; it applies only in a particular circumstance. It also provides a check against possible excessive use of separate rates based on various measures which may not have community support.

The Hon. T.G. ROBERTS: The Labor Party will be supporting the amendment.

The Hon. T.G. CAMERON: SA First will be opposing the amendment.

Amendment negatived.

The Hon. IAN GILFILLAN: As my next indicated amendment is consequential, I will not proceed with it. The amendment defeated was supported by the LGA and by the Institute of Rate Administrators. I am sure that information would not have affected the deliberations of the Committee but it means that not only am I disappointed on my own but also the LGA and the Institute of Rate Administrators are disappointed.

Clause passed.


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