Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 52P.2

Refunding refundable deposit balances--former approved providers

             (1)  In this section:

"refundable deposit " includes an * accommodation bond.

"refundable deposit balance " includes an * accommodation bond balance.

             (2)  If:

                     (a)  a * refundable deposit is paid to a person for care provided by, or * entry to, a residential care service or flexible care service; and

                     (b)  the person ceases to be an approved provider in respect of the residential care service or flexible care service;

the person (the former approved provider ) must refund the * refundable deposit balance to the person who paid the deposit (the care recipient ).

             (3)  The * refundable deposit balance must be refunded under subsection (2):

                     (a)  if the care recipient dies within 90 days after the day on which the former approved provider ceased to be an approved provider in respect of the residential care service or flexible care service (the 90 day period )--within 14 days after the day on which the former approved provider is shown the probate of the will of the care recipient or letters of administration of the estate of the care recipient; or

                     (b)  if the care recipient is to * enter another service to receive residential care within the 90 day period:

                              (i)  if the care recipient has notified the former approved provider of the move more than 14 days before the day on which the former approved provider ceased providing care to the care recipient--on the day on which the former approved provider ceased providing that care; or

                             (ii)  if the care recipient so notified the former approved provider within 14 days before the day on which the former approved provider ceased providing that care--within 14 days after the day on which the notice was given; or

                            (iii)  if the care recipient did not notify the former approved provider before the day on which the former approved provider ceased providing that care--within 14 days after the day on which the former approved provider ceased providing that care; or

                     (c)  in any other case--within the 90 day period.

             (4)  A person commits an offence if:

                     (a)  the person is required under this section to refund an amount on a particular day or within a particular period; and

                     (b)  the person does not refund the amount before that day or within that period; and

                     (c)  the person is a * corporation.

Penalty for a contravention of this subsection: 30 penalty units.



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