Document ID: chunk:federal_register_of_legislation:C2011A00086:clause:1_11
Version: federal_register_of_legislation:C2011A00086
Segment Type: clause
Provision Reference: sch 1 cl 11
Character Range: 12705–14563

11  Transitional—general

Use of accommodation bonds charged before commencement
(1) Despite section 57‑2 (basic rules about accommodation bonds) of the Aged Care Act 1997, as amended by item 2 of this Schedule, an approved provider must not use an accommodation bond that is charged before the commencement of this Schedule other than:
 (a) in the case of a bond charged for entry to a residential care service—for a purpose related to providing aged care to care recipients; or
 (b) in the case of a bond charged for entry to a flexible care service—for a purpose related to providing flexible care to care recipients; or
 (c) in any case—for a use of the bond permitted within the meaning of section 57‑17A of that Act (as amended by item 5 of this Schedule).
Note 1: This Schedule commences on 1 October 2011 (see section 2 of this Act).
Note 2: For the use of accommodation bonds charged on or after commencement, see item 12 of this Schedule.

Use of income derived from accommodation bonds or retention amounts
(2) The amendment of the Aged Care Act 1997 by item 4 of this Schedule applies to income derived from an accommodation bond, or a retention amount, irrespective of whether the bond was charged, or the retention amount received, before, on or after the commencement of this Schedule.
Note: Item 4 of this Schedule amends the Aged Care Act 1997 to remove restrictions on the use of income received from accommodation bonds and retention amounts.

Use of income derived from accommodation charges
(3) The amendment of the Aged Care Act 1997 by item 6 of this Schedule applies to the payment of an accommodation charge irrespective of whether the payment was received before, on or after the commencement of this Schedule.
Note: Item 6 of this Schedule amends the Aged Care Act 1997 to remove restrictions on the use of accommodation charges.