Document ID: chunk:federal_register_of_legislation:C2024C00866:clause:5_13
Version: federal_register_of_legislation:C2024C00866
Segment Type: clause
Provision Reference: sch 5 cl 13
Character Range: 2029969–2032210

13  Scope of Part
 (1) This Part applies to a person if:
 (a) at any time from the beginning of 1 October 1997 until the end of 5 November 1997, the person became liable to pay an accommodation bond for entry to a residential care service; and
 (b) either an accommodation charge would have been payable for the entry, or the person would have been a charge exempt resident, had section 44‑8B and Division 57A of the Aged Care (Transitional Provisions) Act 1997 been in force at the time of the entry; and
 (c) the person later made an agreement (a refund agreement) with the provider of the service that the person's liability to pay an accommodation bond for the entry was to be replaced with a liability to pay an accommodation charge for the entry, and that any payment of any of the bond was to be refunded to the person.
Note 1: Accommodation bond and accommodation charge have the same meanings as in the Aged Care Act 1997: see subsection 5L(1) of this Act.
Note 2: Charge exempt resident has the same meaning as in the Aged Care (Transitional Provisions) Act 1997: see clause 17 of this Schedule.
 (2) This Part also applies to a person if the Commission is satisfied that:
 (a) on or before 5 November 1997, the person sold his or her principal home for the sole or principal purpose of raising money to pay an accommodation bond for entry to a residential care service; and
 (b) either an accommodation charge would have been payable for the entry, or the person would have been a charge exempt resident, had section 44‑8B and Division 57A of the Aged Care (Transitional Provisions) Act 1997 been in force at the time of the entry.
Note 1: Accommodation bond and accommodation charge have the same meanings as in the Aged Care Act 1997: see subsection 5L(1) of this Act.
Note 2: Charge exempt resident has the same meaning as in the Aged Care (Transitional Provisions) Act 1997: see clause 17 of this Schedule.
 (3) This Part also applies to the partner of a person covered by subclause (1) or (2) (even if the person so covered is now deceased).
 (4) For the purposes of subclause (2), the time at which a person sells his or her home is the time when he or she comes under a legal obligation to transfer the home to the buyer.