❓ A WA parliamentary question addresses concerns raised by the Shire of Derby-West Kimberley regarding Aboriginal corporations claiming rates exemptions under the ATSIC Act, questioning the legal basis and obligations of local authorities.
AnsweredQoN 1481Legislative Council
QuestionView source ↗
At a Western Australian Local Government Association Kimberley zone meeting on 5 August, concern was expressed by the Shire of Derby-West Kimberley that a number of Aboriginal corporations or entities are claiming exemption from the payment of rates under the Aboriginal and Torres Strait Islander Commission Act. The meeting was advised that the ATSIC Act provides that where rates are levied on a tax, such rates shall be exempt. Hon Tom Stephens: Do you think you mean to say levied on a tax or levied as a tax? Hon JOHN FISCHER: Levied on a tax. I ask - (1) Are local authority rates a fee for the provision of current and future services rather than a tax? (2) Does the Commonwealth’s ATSIC Act provide that where rates are levied on a tax, such rates should be exempt? (3) Are Aboriginal corporations or entities entitled to claim exemptions from the payment of local authority rates under the ATSIC Act? (4) Are local authorities required to grant such exemptions under the ATSIC Act? Hon TOM STEPHENS
AnswerView source ↗
I thank the member for some notice of this question. I am puzzled by the phraseology in the question. Nonetheless, my department has provided me with a response to the question as asked. I will provide that response and accept responsibility for it. In part, the question seeks a legal opinion. I will deliver the department’s response to the member’s question, which under normal circumstances would probably be ruled out of order. (1) No. I am advised that local government rates are included under the clause in the ATSIC Act that deals with tax exemptions. (2) The ATSIC Act provides for the commission to be exempt from taxation. (3) Yes. (4) Yes. Overall, this matter deserves more study by me and others who have an interest in it.
Hon Tom Stephens: Do you think you mean to say levied on a tax or levied as a tax? Hon JOHN FISCHER: Levied on a tax. I ask - (1) Are local authority rates a fee for the provision of current and future services rather than a tax? (2) Does the Commonwealth’s ATSIC Act provide that where rates are levied on a tax, such rates should be exempt? (3) Are Aboriginal corporations or entities entitled to claim exemptions from the payment of local authority rates under the ATSIC Act? (4) Are local authorities required to grant such exemptions under the ATSIC Act? Hon TOM STEPHENS replied: I thank the member for some notice of this question. I am puzzled by the phraseology in the question. Nonetheless, my department has provided me with a response to the question as asked. I will provide that response and accept responsibility for it. In part, the question seeks a legal opinion. I will deliver the department’s response to the member’s question, which under normal circumstances would probably be ruled out of order. (1) No. I am advised that local government rates are included under the clause in the ATSIC Act that deals with tax exemptions. (2) The ATSIC Act provides for the commission to be exempt from taxation. (3) Yes. (4) Yes. Overall, this matter deserves more study by me and others who have an interest in it.
Hon JOHN FISCHER: Levied on a tax. I ask - (1) Are local authority rates a fee for the provision of current and future services rather than a tax? (2) Does the Commonwealth’s ATSIC Act provide that where rates are levied on a tax, such rates should be exempt? (3) Are Aboriginal corporations or entities entitled to claim exemptions from the payment of local authority rates under the ATSIC Act? (4) Are local authorities required to grant such exemptions under the ATSIC Act? Hon TOM STEPHENS replied: I thank the member for some notice of this question. I am puzzled by the phraseology in the question. Nonetheless, my department has provided me with a response to the question as asked. I will provide that response and accept responsibility for it. In part, the question seeks a legal opinion. I will deliver the department’s response to the member’s question, which under normal circumstances would probably be ruled out of order. (1) No. I am advised that local government rates are included under the clause in the ATSIC Act that deals with tax exemptions. (2) The ATSIC Act provides for the commission to be exempt from taxation. (3) Yes. (4) Yes. Overall, this matter deserves more study by me and others who have an interest in it.
(1) Are local authority rates a fee for the provision of current and future services rather than a tax? (2) Does the Commonwealth’s ATSIC Act provide that where rates are levied on a tax, such rates should be exempt? (3) Are Aboriginal corporations or entities entitled to claim exemptions from the payment of local authority rates under the ATSIC Act? (4) Are local authorities required to grant such exemptions under the ATSIC Act? Hon TOM STEPHENS replied: I thank the member for some notice of this question. I am puzzled by the phraseology in the question. Nonetheless, my department has provided me with a response to the question as asked. I will provide that response and accept responsibility for it. In part, the question seeks a legal opinion. I will deliver the department’s response to the member’s question, which under normal circumstances would probably be ruled out of order. (1) No. I am advised that local government rates are included under the clause in the ATSIC Act that deals with tax exemptions. (2) The ATSIC Act provides for the commission to be exempt from taxation. (3) Yes. (4) Yes. Overall, this matter deserves more study by me and others who have an interest in it.
(2) Does the Commonwealth’s ATSIC Act provide that where rates are levied on a tax, such rates should be exempt? (3) Are Aboriginal corporations or entities entitled to claim exemptions from the payment of local authority rates under the ATSIC Act? (4) Are local authorities required to grant such exemptions under the ATSIC Act? Hon TOM STEPHENS replied: I thank the member for some notice of this question. I am puzzled by the phraseology in the question. Nonetheless, my department has provided me with a response to the question as asked. I will provide that response and accept responsibility for it. In part, the question seeks a legal opinion. I will deliver the department’s response to the member’s question, which under normal circumstances would probably be ruled out of order. (1) No. I am advised that local government rates are included under the clause in the ATSIC Act that deals with tax exemptions. (2) The ATSIC Act provides for the commission to be exempt from taxation. (3) Yes. (4) Yes. Overall, this matter deserves more study by me and others who have an interest in it.
(3) Are Aboriginal corporations or entities entitled to claim exemptions from the payment of local authority rates under the ATSIC Act? (4) Are local authorities required to grant such exemptions under the ATSIC Act? Hon TOM STEPHENS replied: I thank the member for some notice of this question. I am puzzled by the phraseology in the question. Nonetheless, my department has provided me with a response to the question as asked. I will provide that response and accept responsibility for it. In part, the question seeks a legal opinion. I will deliver the department’s response to the member’s question, which under normal circumstances would probably be ruled out of order. (1) No. I am advised that local government rates are included under the clause in the ATSIC Act that deals with tax exemptions. (2) The ATSIC Act provides for the commission to be exempt from taxation. (3) Yes. (4) Yes. Overall, this matter deserves more study by me and others who have an interest in it.
(4) Are local authorities required to grant such exemptions under the ATSIC Act? Hon TOM STEPHENS replied: I thank the member for some notice of this question. I am puzzled by the phraseology in the question. Nonetheless, my department has provided me with a response to the question as asked. I will provide that response and accept responsibility for it. In part, the question seeks a legal opinion. I will deliver the department’s response to the member’s question, which under normal circumstances would probably be ruled out of order. (1) No. I am advised that local government rates are included under the clause in the ATSIC Act that deals with tax exemptions. (2) The ATSIC Act provides for the commission to be exempt from taxation. (3) Yes. (4) Yes. Overall, this matter deserves more study by me and others who have an interest in it.
Hon TOM STEPHENS replied: I thank the member for some notice of this question. I am puzzled by the phraseology in the question. Nonetheless, my department has provided me with a response to the question as asked. I will provide that response and accept responsibility for it. In part, the question seeks a legal opinion. I will deliver the department’s response to the member’s question, which under normal circumstances would probably be ruled out of order. (1) No. I am advised that local government rates are included under the clause in the ATSIC Act that deals with tax exemptions. (2) The ATSIC Act provides for the commission to be exempt from taxation. (3) Yes. (4) Yes. Overall, this matter deserves more study by me and others who have an interest in it.
I thank the member for some notice of this question. I am puzzled by the phraseology in the question. Nonetheless, my department has provided me with a response to the question as asked. I will provide that response and accept responsibility for it. In part, the question seeks a legal opinion. I will deliver the department’s response to the member’s question, which under normal circumstances would probably be ruled out of order. (1) No. I am advised that local government rates are included under the clause in the ATSIC Act that deals with tax exemptions. (2) The ATSIC Act provides for the commission to be exempt from taxation. (3) Yes. (4) Yes. Overall, this matter deserves more study by me and others who have an interest in it.
I am puzzled by the phraseology in the question. Nonetheless, my department has provided me with a response to the question as asked. I will provide that response and accept responsibility for it. In part, the question seeks a legal opinion. I will deliver the department’s response to the member’s question, which under normal circumstances would probably be ruled out of order. (1) No. I am advised that local government rates are included under the clause in the ATSIC Act that deals with tax exemptions. (2) The ATSIC Act provides for the commission to be exempt from taxation. (3) Yes. (4) Yes. Overall, this matter deserves more study by me and others who have an interest in it.
(1) No. I am advised that local government rates are included under the clause in the ATSIC Act that deals with tax exemptions. (2) The ATSIC Act provides for the commission to be exempt from taxation. (3) Yes. (4) Yes. Overall, this matter deserves more study by me and others who have an interest in it.
(2) The ATSIC Act provides for the commission to be exempt from taxation. (3) Yes. (4) Yes. Overall, this matter deserves more study by me and others who have an interest in it.
(3) Yes. (4) Yes. Overall, this matter deserves more study by me and others who have an interest in it.
(4) Yes. Overall, this matter deserves more study by me and others who have an interest in it.
Overall, this matter deserves more study by me and others who have an interest in it.
Hon Tom Stephens: Do you think you mean to say levied on a tax or levied as a tax? Hon JOHN FISCHER: Levied on a tax. I ask - (1) Are local authority rates a fee for the provision of current and future services rather than a tax? (2) Does the Commonwealth’s ATSIC Act provide that where rates are levied on a tax, such rates should be exempt? (3) Are Aboriginal corporations or entities entitled to claim exemptions from the payment of local authority rates under the ATSIC Act? (4) Are local authorities required to grant such exemptions under the ATSIC Act? Hon TOM STEPHENS replied: I thank the member for some notice of this question. I am puzzled by the phraseology in the question. Nonetheless, my department has provided me with a response to the question as asked. I will provide that response and accept responsibility for it. In part, the question seeks a legal opinion. I will deliver the department’s response to the member’s question, which under normal circumstances would probably be ruled out of order. (1) No. I am advised that local government rates are included under the clause in the ATSIC Act that deals with tax exemptions. (2) The ATSIC Act provides for the commission to be exempt from taxation. (3) Yes. (4) Yes. Overall, this matter deserves more study by me and others who have an interest in it.
Hon JOHN FISCHER: Levied on a tax. I ask - (1) Are local authority rates a fee for the provision of current and future services rather than a tax? (2) Does the Commonwealth’s ATSIC Act provide that where rates are levied on a tax, such rates should be exempt? (3) Are Aboriginal corporations or entities entitled to claim exemptions from the payment of local authority rates under the ATSIC Act? (4) Are local authorities required to grant such exemptions under the ATSIC Act? Hon TOM STEPHENS replied: I thank the member for some notice of this question. I am puzzled by the phraseology in the question. Nonetheless, my department has provided me with a response to the question as asked. I will provide that response and accept responsibility for it. In part, the question seeks a legal opinion. I will deliver the department’s response to the member’s question, which under normal circumstances would probably be ruled out of order. (1) No. I am advised that local government rates are included under the clause in the ATSIC Act that deals with tax exemptions. (2) The ATSIC Act provides for the commission to be exempt from taxation. (3) Yes. (4) Yes. Overall, this matter deserves more study by me and others who have an interest in it.
(1) Are local authority rates a fee for the provision of current and future services rather than a tax? (2) Does the Commonwealth’s ATSIC Act provide that where rates are levied on a tax, such rates should be exempt? (3) Are Aboriginal corporations or entities entitled to claim exemptions from the payment of local authority rates under the ATSIC Act? (4) Are local authorities required to grant such exemptions under the ATSIC Act? Hon TOM STEPHENS replied: I thank the member for some notice of this question. I am puzzled by the phraseology in the question. Nonetheless, my department has provided me with a response to the question as asked. I will provide that response and accept responsibility for it. In part, the question seeks a legal opinion. I will deliver the department’s response to the member’s question, which under normal circumstances would probably be ruled out of order. (1) No. I am advised that local government rates are included under the clause in the ATSIC Act that deals with tax exemptions. (2) The ATSIC Act provides for the commission to be exempt from taxation. (3) Yes. (4) Yes. Overall, this matter deserves more study by me and others who have an interest in it.
(2) Does the Commonwealth’s ATSIC Act provide that where rates are levied on a tax, such rates should be exempt? (3) Are Aboriginal corporations or entities entitled to claim exemptions from the payment of local authority rates under the ATSIC Act? (4) Are local authorities required to grant such exemptions under the ATSIC Act? Hon TOM STEPHENS replied: I thank the member for some notice of this question. I am puzzled by the phraseology in the question. Nonetheless, my department has provided me with a response to the question as asked. I will provide that response and accept responsibility for it. In part, the question seeks a legal opinion. I will deliver the department’s response to the member’s question, which under normal circumstances would probably be ruled out of order. (1) No. I am advised that local government rates are included under the clause in the ATSIC Act that deals with tax exemptions. (2) The ATSIC Act provides for the commission to be exempt from taxation. (3) Yes. (4) Yes. Overall, this matter deserves more study by me and others who have an interest in it.
(3) Are Aboriginal corporations or entities entitled to claim exemptions from the payment of local authority rates under the ATSIC Act? (4) Are local authorities required to grant such exemptions under the ATSIC Act? Hon TOM STEPHENS replied: I thank the member for some notice of this question. I am puzzled by the phraseology in the question. Nonetheless, my department has provided me with a response to the question as asked. I will provide that response and accept responsibility for it. In part, the question seeks a legal opinion. I will deliver the department’s response to the member’s question, which under normal circumstances would probably be ruled out of order. (1) No. I am advised that local government rates are included under the clause in the ATSIC Act that deals with tax exemptions. (2) The ATSIC Act provides for the commission to be exempt from taxation. (3) Yes. (4) Yes. Overall, this matter deserves more study by me and others who have an interest in it.
(4) Are local authorities required to grant such exemptions under the ATSIC Act? Hon TOM STEPHENS replied: I thank the member for some notice of this question. I am puzzled by the phraseology in the question. Nonetheless, my department has provided me with a response to the question as asked. I will provide that response and accept responsibility for it. In part, the question seeks a legal opinion. I will deliver the department’s response to the member’s question, which under normal circumstances would probably be ruled out of order. (1) No. I am advised that local government rates are included under the clause in the ATSIC Act that deals with tax exemptions. (2) The ATSIC Act provides for the commission to be exempt from taxation. (3) Yes. (4) Yes. Overall, this matter deserves more study by me and others who have an interest in it.
Hon TOM STEPHENS replied: I thank the member for some notice of this question. I am puzzled by the phraseology in the question. Nonetheless, my department has provided me with a response to the question as asked. I will provide that response and accept responsibility for it. In part, the question seeks a legal opinion. I will deliver the department’s response to the member’s question, which under normal circumstances would probably be ruled out of order. (1) No. I am advised that local government rates are included under the clause in the ATSIC Act that deals with tax exemptions. (2) The ATSIC Act provides for the commission to be exempt from taxation. (3) Yes. (4) Yes. Overall, this matter deserves more study by me and others who have an interest in it.
I thank the member for some notice of this question. I am puzzled by the phraseology in the question. Nonetheless, my department has provided me with a response to the question as asked. I will provide that response and accept responsibility for it. In part, the question seeks a legal opinion. I will deliver the department’s response to the member’s question, which under normal circumstances would probably be ruled out of order. (1) No. I am advised that local government rates are included under the clause in the ATSIC Act that deals with tax exemptions. (2) The ATSIC Act provides for the commission to be exempt from taxation. (3) Yes. (4) Yes. Overall, this matter deserves more study by me and others who have an interest in it.
I am puzzled by the phraseology in the question. Nonetheless, my department has provided me with a response to the question as asked. I will provide that response and accept responsibility for it. In part, the question seeks a legal opinion. I will deliver the department’s response to the member’s question, which under normal circumstances would probably be ruled out of order. (1) No. I am advised that local government rates are included under the clause in the ATSIC Act that deals with tax exemptions. (2) The ATSIC Act provides for the commission to be exempt from taxation. (3) Yes. (4) Yes. Overall, this matter deserves more study by me and others who have an interest in it.
(1) No. I am advised that local government rates are included under the clause in the ATSIC Act that deals with tax exemptions. (2) The ATSIC Act provides for the commission to be exempt from taxation. (3) Yes. (4) Yes. Overall, this matter deserves more study by me and others who have an interest in it.
(2) The ATSIC Act provides for the commission to be exempt from taxation. (3) Yes. (4) Yes. Overall, this matter deserves more study by me and others who have an interest in it.
(3) Yes. (4) Yes. Overall, this matter deserves more study by me and others who have an interest in it.
(4) Yes. Overall, this matter deserves more study by me and others who have an interest in it.
Overall, this matter deserves more study by me and others who have an interest in it.
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