Document ID: chunk:federal_register_of_legislation:C2016C00170:clause:2_26
Version: federal_register_of_legislation:C2016C00170
Segment Type: clause
Provision Reference: sch 2 cl 26
Character Range: 52262–53435

26  Determining maximum amounts of accommodation payment
(1) After the first commencement time, the Minister may, by legislative instrument, determine the maximum amount of accommodation payment that an approved provider may charge a person.
(2) The determination may set out:
 (a) the maximum daily accommodation payment amount and a method for working out refundable accommodation deposit amounts; or
 (b) methods for working out both:
 (i) the maximum daily accommodation payment amount; and
 (ii) refundable accommodation deposit amounts.
(3) An approved provider may apply to the Aged Care Pricing Commissioner for approval to charge an accommodation payment that is higher than the maximum amount of accommodation payment determined by the Minister under subitem (1).
(4) The Aged Care Pricing Commissioner may approve the application.
(5) A decision by the Aged Care Pricing Commissioner not to approve the application is taken to be a reviewable decision within the meaning of section 85‑1 of the Aged Care Act 1997.
(6) A power exercised under this item must be exercised in accordance with the Aged Care Act 1997 as if it were amended by Schedule 3 to this Act.