[Michael Cherry]

Hi Andrew,

City Newcastle has not seen a larger-than-normal number of objections for base date 1.7.2022.

However, we have experienced a delay in response turnaround times in resolving these objections.

Kind Regards

Elizabeth

[Michael Cherry]

Hi Courtney,

Newcastle’s position is similar to Brad’s. We have literal messages indicating the type of Direct Debit (quarterly, monthly, fortnightly) and if a pension rebate has been applied to the rate account.

None of these literals is applied to the Reminder Notices.

Mick

[Michael Cherry]

Hi Glynes,

The above has happened the last few G/Vals for us. The VG issued value complies with s547 LGA as it is calculated on the number of shares in the company owned by the ratepayer. WE don’t treat them as Strata unit as each company title unit has its own PID in the G/Val file from the VG and that PID exists in our rates system (just like a normal stand-alone property). It makes no difference from a rates payable perspective (complies with s495A and s547) how you treat them but if you treat them as a strata this will require manual intervention.

Hope this helps

Mick

[Michael Cherry]

Thanks Peter and Simone for the feedback. We are back with the Audit office from next year so am just making arrangements to minimize shocks.

Thanks again

Mick

[Michael Cherry]

Hi Matthew,

Yes we have recommenced legal action and did so from January 2022. Our thresholds have not been adjusted.

Hope this helps.

Mick

[Michael Cherry]

Hi,

To those Councils who use the Audit Office did they request your Pension Claim information again this year in a specific format?

If so – what was the requested format?

Thanks so much

Mick

[Michael Cherry]

Hi Cherie,

Up until this year we provided a discounted interest rate on overdue rates for pensioners who defer their rates against their estate. From this year however it is the maximum interest rate which applies.

Our previous discounted interest rate was based on a calculation our Treasury Accountant did using our weighted average rate of return earned on surplus cash invested – last year it was 2.37%.

Hope this assists.

Mick

[Michael Cherry]

Hi everyone,

IBA purchased a Shopping Centre in Newcastle in 2015 (I estimate around 50 tenants occupy the development). Our legal advice from Council lawyers was that exemption must apply. I also raised it with a Victorian Council who have IBA owned properties in their LGA and similarly they were advised that exemption is to apply regardless of the land being tenanted. Tenancy is consistent with s146 ABORIGINAL AND TORRES STRAIT ISLANDER ACT 2005 in that IBA’s purpose is to
1) assist and enhance Aboriginal and Torres Strait Islander self-management and economic self-sufficiency; and

2) advance the commercial and economic interests of Aboriginal persons and Torres Strait Islanders by accumulating and using a substantial capital asset for the benefit of the Aboriginal and Torres Strait Islander peoples.

Hope this assists.

Mick

[Michael Cherry]

Thanks for the update Andrew.

Cheers
Mick

[Michael Cherry]

Hi Dajana,

I am aware different Councils have differing opinions on this one but below is an extract from our Revenue Policy:

“Additionally, where the pensioner leaves the property due to age, ill health or incapacitation, the rebate may still apply. However, this is on the condition that that occupation of the property remains unchanged from when the pensioner left the property i.e. no additional person occupies the property after the eligible pensioner ceases occupation. In this case the reduction will apply for two years from the date the pensioner left the property.”

Hope this helps.

Mick

[Michael Cherry]

Hi Karen,
Just to clarify if the profitable expenditure (which was the subject of the valuation allowance) was incurred 20 years ago when the developer partnership was formed S14M(2) (d) states that the allowance is no longer applicable.

If the profitable expenditure was incurred less than 15 year ago and the issue is whether the current “owner” can be interpreted as the same “owner” when the profitable expenditure was incurred I agree with Robert. The current owner obviously has an interest now but also had an interest when the profitable expenditure was incurred – so s14M(2)(a) and s14M(2)(e) cannot prevent the allowance from being applicable.
Mick

[Michael Cherry]

Andrew – yes from Newcastle.

Mick

[Michael Cherry]

Hi Joanne,

Newcastle uses Stormwater Management Residential Charge or Stormwater Management Business Charge.

Cheers

Mick

[Michael Cherry]

Hi Brad – there is a case Trustees of the Marist Brothers vs Byron Shire Council dated 30 August 1984 which contains some useful information. The case involves a Holiday Home which was used by the Marist brothers for rest and recreation and the Court found that the Holiday Home was exempt under the old Act. I have a copy of the case if you can’t find it on-line.

We have had similar cases (but not identical) where active Marist Brothers live in residences and have gained exemptions with us based on the case law above.

Hope this assists.

Mick

[Michael Cherry]

Hi Michael – we relented early on (after constant contact from conveyancers wanting BPAY reference numbers) and have the BPAY logo on each 603 certificate. This identifies a separate biller code for ELNO transactions which has been extremely helpful in identifying settlement related payments.

Cheers

Mick

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