AGED CARE (ACCOMMODATION PAYMENT SECURITY) ACT 2006 - SECT 13A Additional refund declaration where refund by approved provider or former approved provider void or voidable

AGED CARE (ACCOMMODATION PAYMENT SECURITY) ACT 2006 - SECT 13A

  (1)   This section applies if:

  (a)   a person who is or has been an approved provider (the approved provider or former approved provider ) refunds part of an accommodation payment balance (the initial refund ); and

  (b)   after the initial refund, the Secretary, under paragraph   12(2)(b), determines the amount that the Secretary considers is equal to the amount of the accommodation payment balance that has not been refunded at the time the Secretary makes the determination; and

  (c)   a refund declaration is made under section   13 in reliance on that determination; and

  (d)   in a case where the approved provider or former approved provider is a corporation:

  (i)   a transaction under which the initial refund took place is a voidable transaction under subsection   588FE(2), (2A) , (2B) or (6B) of the Corporations Act 2001 ; and

  (ii)   the liquidator takes action, including but not limited to the making of an application under section   588FF of that Act or a request under subsection   588FGAA(2) of that Act , as a result of which the person to whom the initial refund was made does not retain the value of the initial refund, or part of the value of the initial refund; and

  (e)   in a case where the approved provider or former approved provider is not a corporation:

  (i)   a transfer of any property for the purposes of giving the initial refund is void under section   122 of the Bankruptcy Act 1966 ; and

  (ii)   the trustee in bankruptcy takes action as a result of which the person to whom the initial refund was made does not retain the value of the initial refund, or part of the value of the initial refund.

  (2)   The Secretary may:

  (a)   determine the amount that the Secretary considers is equal to the amount of the value of the initial refund that has not been retained by the person to whom it was made; and

  (b)   as soon as practicable after the Secretary has determined that matter, make another refund declaration relating to the outstanding accommodation payment balance.

  (3)   The refund declaration must:

  (a)   be in writing; and

  (b)   specify the approved provider or former approved provider who has not refunded all, or part, of the relevant outstanding accommodation payment balance; and

  (c)   declare that the Commonwealth is to pay an amount equal to the amount determined under paragraph   ( 2)(a).

  (4)   The refund declaration is not a legislative instrument.