Document ID: chunk:federal_register_of_legislation:C2011A00086:clause:1_12
Version: federal_register_of_legislation:C2011A00086
Segment Type: clause
Provision Reference: sch 1 cl 12
Character Range: 14563–16601

12  Application—use of accommodation bonds charged after commencement

Application of new rule
(1) The amendment of the Aged Care Act 1997 by item 2 of this Schedule applies to accommodation bonds charged on or after the commencement of this Schedule.
Note 1: This Schedule commences on 1 October 2011 (see section 2 of this Act).
Note 2: Item 2 of this Schedule amends the Aged Care Act 1997 to require accommodation bonds to be used only as permitted within the meaning of section 57‑17A of that Act.

Use of accommodation bonds within 2 years after commencement
(2) However, subitems (3) and (4) apply if:
 (a) an accommodation bond is charged by an approved provider on or after the commencement of this Schedule; and
 (b) the bond is used by the approved provider during the period of 2 years starting at the commencement of this Schedule; and
 (c) the bond is used for a purpose relating to providing:
 (i) in the case of a bond charged for the entry of a care recipient to a residential care service—residential care; or
 (ii) in the case of a bond charged for the entry of a care recipient to a flexible care service—flexible care; and
 (d) the approved provider complies with any requirement of the User Rights Principles imposed for the purposes of this paragraph.
(3) Subsections 57‑17B(1) and (2) of the Aged Care Act 1997 (offences relating to non‑permitted use of accommodation bonds), as inserted by item 5 of this Schedule, do not apply in relation to the use of the accommodation bond by the approved provider.
Note: A defendant bears an evidential burden in relation to the matters in this subitem (see subsection 13.3(3) of the Criminal Code).
(4) For the purposes of Part 4.4 of the Aged Care Act 1997 (consequences of non‑compliance), the approved provider is taken to have complied with the provider's responsibilities under Part 4.2 of that Act (user rights) in relation to the use of the bond (despite paragraph 57‑2(1)(k) of that Act (use of bond must be permitted), as substituted by item 2 of this Schedule).