S. 9(9) repealed by No. 41/2013 s. 29(4), new s. 9(9) inserted by No. 34/2014 s. 15(5). (9) If a valuation treats as a single leviable land 2 or more parcels of land that are owned separately by 2 or more people, a collection agency may apportion any levy amount that applies to that land in accordance with the value that each separately owned parcel of that land bears in relation to the value of that land as a whole. S. 9(10)–(12) repealed by No. 41/2013 s. 29(4). * * * * * S. 9A inserted by No. 41/2013 s. 30. 9A Single farm enterprise exemption (1) A person may apply to a collection agency for an exemption from the liability to pay the fixed charge part of the levy amount in respect of a parcel of leviable land if— (a) the parcel is one of 2 or more parcels of leviable land that is farm land within the meaning of section 2(1) of the Valuation of Land Act 1960, or would be farm land if it were 2 hectares or more in area; and (b) those parcels constitute a single farm enterprise; and (c) an exemption is not claimed in respect of at least one of those parcels; and (d) in the case of a single farm enterprise which is occupied by more than one person, an exemption is not claimed in respect of more than one principal place of residence. (2) An application made to a collection agency under subsection (1) must be in the form and made within the period— (a) specified in a direction of the Minister made under section 72; or
37 Levy amounts and levy interest collected by collection agency to be separately accounted for (1) A collection agency must separately account for levy amounts and levy interest collected by the collection agency under this Act. (2) Levy amounts and levy interest collected by a collection agency under this Act is held on trust by the collection agency on behalf of the Commissioner. (3) Subject to subsection (4), any interest earned on levy amounts and levy interest may be retained by the collection agency. (4) The Commissioner may require interest earned on levy amounts and levy interest to be paid to the Commissioner if he or she determines that a collection agency has failed to perform its duties or is in breach of its obligations under this Act. (5) Any amount collected by a collection agency that is determined or found to be an overpayment under section 36(4) or (5) must be refunded to the person who made the overpayment. (6) A determination made by the Commissioner under subsection (4) is a non-reviewable decision. 38 Cancellation of assessment of liability to pay levy amount made in error (1) A collection agency may cancel an assessment of a person's liability to pay a levy amount in respect of leviable land if the collection agency is satisfied that an assessment has been made in error. (2) If a collection agency has made an assessment in error under subsection (1), the collection agency must—
(a) to enter the premises, or the part of the premises, named or described in the warrant; and (b) to search for and seize, or secure against interference, a thing named or described in the warrant; and (c) if reasonably necessary for the purposes referred to in paragraph (b), to break open any receptacle in or on the premises. (3) In addition to any other requirement, a search warrant issued under this section must state— (a) the premises to be searched; and (b) a description of the thing for which the search is to be made; and (c) any conditions to which the warrant is subject; and (d) that entry is authorised to be made during business hours only unless entry during those hours is unreasonable in the circumstances; and (e) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect. (4) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the form prescribed under that Act. (5) The rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section. 57 Announcement before entry (1) Before executing a search warrant, the authorised officer named in the warrant or person assisting the authorised officer must announce that he or
she is authorised by the warrant to enter the premises and give any person at the premises an opportunity to allow entry to the premises. (2) The authorised officer or a person assisting the authorised officer need not comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure— (a) the safety of any person; or (b) that the effective execution of the search warrant is not frustrated. 58 Copy of warrant to be given to occupier If the occupier or another person who apparently represents the occupier is present at premises when a search warrant is being executed, the authorised officer must— (a) identify himself or herself to that person by producing his or her identity card issued under this Part for inspection by that person; and (b) give to that person a copy of the execution copy of the warrant. 59 Protection against self-incrimination (1) A person may refuse or fail to give information, produce documents or answer questions that the person is required to give, produce or answer under this Division on the ground that giving the information, producing the documents or answering the questions would tend to incriminate the person.
Division 1—Review of the insurance industry 85 Definitions In this Part— Commission means the Essential Services Commission established under the Essential Services Commission Act 2001; S. 85 def. of fire services levy inserted by No. 81/2012 s. 114(1). fire services levy has the same meaning as it has in section 3 of the Fire Services Levy Monitor Act 2012; insurance against fire means insurance against the risk of fire or the risk of loss of profits consequent on fire whether the insurance is associated with insurance against any other risk or not; insurance company means— (a) a person (including a body corporate or unincorporate, a partnership or an underwriter) who, in Victoria, issues, or undertakes liability under, policies of insurance against fire in respect of property in Victoria; or (b) a Lloyd's underwriter who— (i) issues, or undertakes liability under, policies of insurance against fire in respect of property in Victoria; and (ii) is a member of the Australian Fire Brigades Charges Scheme and makes payments to the Fund established under that Scheme; insurance premium means any premium received by or due to an insurance company for insurance against fire including any base