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Occupier assisted valuation
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12. The Principal Act is amended by inserting after Part 5 the following:
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“PART 5A
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Occupier Assisted Valuation
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Definition (Part 5A)
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26A. In this Part ‘accurate’, in relation to a valuation, means a valuation that correctly estimates the net annual value of the property concerned.
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Regulations may provide for occupier assisted valuation
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26B. (1) The Minister may make regulations providing for the carrying out of the valuation, or the taking of one or more of the steps that comprise such valuation, of relevant properties under this Act within one or more rating authority areas by the occupier of each property concerned and the procedure to be followed for those purposes.
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(2) Without prejudice to the generality of subsection (1), regulations under this section may provide for any or all of the following:
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(a) the issuing of guidelines by the Commissioner to the occupier regarding submission of valuations (including submission by electronic means) and other matters under this Part ;
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(b) the notice to be sent to the occupier regarding the requirements under such regulations;
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(c) the submission by the occupier to the Commissioner of such particulars of the relevant property as the Commissioner considers appropriate;
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(d) the submission by the occupier to the Commissioner of his or her valuation in respect of his or her property;
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(e) the deadline by which the valuation shall be submitted by the occupier, or by his or her agent, to the Commissioner, including provision for extensions to the deadline in cases in which such submission is made by electronic means;
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(f) the records that the occupier shall be required to keep of the basis upon which the valuation was submitted;
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(g) the length of time the occupier shall be required to keep records of the basis upon which the valuation was submitted;
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(h) the forms to be used by the occupier for the submission of his or her valuation;
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(i) the specification of classes of properties that shall be, or shall not be, the subject of valuation under the regulations;
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(j) the specification of geographical areas within the rating authority area that shall be, or shall not be, the subject of valuation under the regulations.
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(3) Regulations made under this section may be—
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(a) general in nature and apply to all valuation orders where section 19(1A) applies,
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(b) specific to a particular valuation order, or
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(c) specific to certain components of a particular valuation or to certain of the steps that comprise a particular valuation.
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Act to apply
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26C. Where section 19(1A) applies and regulations have been made under section 26B—
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(a) this Part shall apply, and
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(b) the other Parts of this Act shall apply with any necessary modifications,
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and, accordingly, a valuation list published under section 23 may include property to which this Part applies.
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Functions of officer of Commissioner under occupier assisted valuation
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26D. (1) Where an occupier has submitted an initial valuation, an officer of the Commissioner may, at any time prior to the publication date —
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(a) without prejudice to any other powers (including the powers under Part 10) so enabling the officer in that regard, make such enquiries or require the production of such information or records as he or she may require to satisfy himself or herself that the initial valuation submitted was accurate, and
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(b) substitute his or her own valuation, issue a valuation certificate to that effect and enter that valuation on the valuation list, if he or she forms the view that the initial valuation has not been made in accordance with this Act and regulations made under it.
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(2) Where the occupier of a property—
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(a) submits a valuation that, in the opinion of the officer, is not accurate, or
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(b) fails to duly submit a valuation by the deadline provided,
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the officer of the Commissioner shall, on or before the publication date and, in accordance with the matters set out in section 19(5), determine the appropriate valuation in respect of the property concerned, issue a valuation certificate to that effect and enter that valuation on the valuation list.
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Right of occupier to make representations under occupier assisted valuation
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26E. Without prejudice to the generality of section 26C, where section 19(1A) applies and regulations have been made under section 26B, the provisions of section 26 enabling the occupier of relevant property to make representations and enabling the amendment of a valuation certificate shall apply with any necessary modifications.
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Offence where occupier fails to submit valuation
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26F. An occupier of relevant property to whom this Part applies who fails to submit a valuation by the deadline provided by, or pursuant to, regulations under section 26B(2) shall be guilty of an offence.
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Where person submits false valuation
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26G. A person who submits a valuation under this Part that is false knowing it to be false or being reckless as to whether it is false shall be guilty of an offence.”.
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