Document ID: chunk:federal_register_of_legislation:C2004A04491:body:0:p20
Version: federal_register_of_legislation:C2004A04491
Segment Type: other
Provision Reference: 
Character Range: 50270–52901

overpayment in respect of the second investigation period, it is taken to have been paid to the Commonwealth in settlement, or part settlement, of the amount due to the Commonwealth by the vendor in respect of the overpayment.

"(5) Money paid to the Commonwealth by the purchaser is taken to have been paid by the purchaser to the vendor as consideration, or part of the consideration, under the contract for the sale of the nursing home.

If amount determined under paragraph 65F(1)(e)—direction to purchaser to pay amount to the Commonwealth

"65J.(1) If, in respect of the sale of an approved nursing home, the Secretary has determined an amount under paragraph 65F(1)(e), the Secretary may, in writing, direct the purchaser of the nursing home to

pay to the Commonwealth on or before the notified day for completion of sale of the nursing home:

     (a)     if the purchase price is equal to or less than the amount determined—the purchase price; or

     (b)     if the purchase price is more than the amount determined—so much of the purchase price as is equal to the amount so determined.

"(2) The amount paid under subsection (1) is taken to be money ('trust money') held in trust by the Commonwealth for the benefit of the vendor until the investigation carried out under paragraph 65F(1)(c) is completed.

"(3) When the investigation carried out under paragraph 65F(1)(c) is completed:

    (a) if the trust money is more than the overpayment (if any) in respect of the period to which the investigation related:

         (i) so much of the trust money as is equal to the overpayment is taken to have been paid to the Commonwealth in settlement of the amount due to the Commonwealth by the vendor in respect of the overpayment; and

         (ii) the remainder of the trust money is to be paid to the vendor; or

    (b) if the trust money is equal to or less than the overpayment in respect of the period to which the investigation related—it is taken to have been paid to the Commonwealth in settlement, or part settlement, of the amount due to the Commonwealth by the vendor in respect of the overpayment.

"(4) Money paid to the Commonwealth by the purchaser is taken to have been paid by the purchaser to the vendor as consideration, or part of the consideration, under the contract for the sale of the nursing home.

Certain moneys to be paid by proprietor of nursing home to the Commonwealth on or before sale of nursing home

"65K.(1) The vendor of an approved nursing home must, on or before the notified day for completion of sale of the nursing home, pay to the Commonwealth an amount equal to the amount