Page 4777 - Week 15 - Thursday, 16 December 1993
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CHIEF MINISTER FOR THE AUSTRALIAN CAPITAL TERRITORY
LEGISLATIVE ASSEMBLY QUESTION
QUESTION NO. 1074
Rent and Rates Arrears
MR CORNWELL: Asked the Chief Minister upon notice on 23 November 1993 - In relation to subsection 22AAA(1) of the Rates and Land Tax Act 1926
(1) How many tenants in 1992-93 were asked to pay their rent direct to the Commissioner for Revenue and how much money did this represent ?
(2) Is a tenant protected against eviction for non-payment of rent to the landlord in such cases as in (1) ?
(3) Is an agent of a landlord protected in respect of his fee or responsibility for managing the property in such cases as in (1) ?
(4) Can the Commissioner also compel a debtor of a person liable for rates to make payment direct to the Commissioner for other debts than rent, say instalments upon a motor vehicle ?
(5) How much money is outstanding in (a) commercial and (b) residential rates for 1992-93 ?
(6) Is action at (1) being taken against all rates debtors at (5) and, if not, why not ?
MS FOLLETT: The answer to the Members question is as follows:
(1) Summary records of action taken under section 22AAA
are not maintained and it would be costly to reconstruct
specific data. However, for 1992-93, approximately
30 tenants were required to pay their rent to the
Commissioner amounting to about $90,000.
(2) Yes, tenants are protected against eviction for payment of rent direct to the Commissioner. Subsection 22AAA(5) of the Rates and Land Tax Act 1926 provides that a payment made in accordance with a statutory garnishee notice shall be taken to have been made with the authority of the ratepayer or taxpayer (landlord).
(3) Although not specifically provided for under the Act, the Commissioner does allow agents to retain their management fees, and as in the case of the tenant, payments made by an agent to the Commissioner are,taken to be made with the authority of the ratepayer or taxpayer.
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