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AGED CARE ACT 1997 - SECT 9.3A

Obligation to give information relating to refundable deposits, accommodation bonds, entry contributions etc.

             (1)  The Secretary may, at any time, request a person who is or has been an approved provider to give to the Secretary specified information relating to any of the following:

                     (a)  * refundable deposits or * accommodation bonds charged by the person;

                     (b)  the amount of one or more * refundable deposit balances or * accommodation bond balances at a particular time;

                     (c)  the amount equal to the total of the refundable deposit balances and accommodation bond balances that the person would have had to refund at a specified earlier time if certain assumptions specified in the request were made;

                     (d)  * entry contributions given or loaned under a * formal agreement binding the person;

                     (e)  the amount of one or more * entry contribution balances at a particular time;

                      (f)  the amount equal to the total of the entry contribution balances that the person would have had to refund at a specified earlier time if certain assumptions specified in the request were made;

                     (g)  * unregulated lump sums paid to the person;

                     (h)  the amount of one or more * unregulated lump sum balances at a particular time.

The request must be in writing.

             (2)  The person must comply with the request within 28 days after the request was made, or within such shorter period as is specified in the request.

Note:          Approved providers have a responsibility under Part 4.3 to comply with this obligation. Failure to comply with a responsibility can result in a sanction being imposed under Part 4.4.

             (3)  A person commits an offence if:

                     (a)  the Secretary requests the person to give information under subsection (1); and

                     (b)  the person is required under subsection (2) to comply with the request within a period; and

                     (c)  the person fails to comply with the request within the period; and

                     (d)  the person is a * corporation.

Penalty:  30 penalty units.

             (4)  The request must contain a statement setting out the effect of subsections (2) and (3).



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