Document ID: chunk:federal_register_of_legislation:C2025C00122:section:2:p18
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 2 (pt 18/53)
Character Range: 383302–385891

the deposit or bond would be used; and
 (ii) the use of the deposit or bond was not permitted; and
 (e) the individual was in a position to influence the conduct of the entity in relation to the use of the deposit or bond; and
 (f) the individual failed to take all reasonable steps to prevent the use of the deposit or bond; and
 (g) both of the following apply at a particular time during the period of 5 years after the use of the deposit or bond:
 (i) an insolvency event (within the meaning of the Aged Care (Accommodation Payment Security) Act 2006 has occurred in relation to the entity;
 (ii) there has been at least one outstanding accommodation payment balance (within the meaning of that Act) for the entity; and
 (h) at the time the deposit or bond was used, the entity was a *corporation.
Penalty: Imprisonment for 2 years.

Strict liability
 (3) Strict liability applies to paragraphs (1)(d) and (2)(g) and (h).
Note: For strict liability, see section 6.1 of the Criminal Code.

52N‑3  Request to give information or documents relating to the use of a refundable deposit or accommodation bond to make a loan
 (1) If:
 (a) an approved provider has used a *refundable deposit or *accommodation bond to make a loan to a person (the borrower); and
 (b) the Secretary or *Quality and Safety Commissioner believes on reasonable grounds that the borrower has information or documents relating to that use;
the Secretary or Commissioner may request the borrower to give the Secretary or Commissioner such information or documents as are specified in the request that are in the possession, custody or control of the borrower.
 (2) Without limiting subsection (1), the following kinds of information or documents may be specified in the request:
 (a) a copy of the agreement relating to the loan that has been executed, or entered into, by the parties to the agreement;
 (b) the amount of the loan;
 (c) details of any security in respect of the loan;
 (d) details of the term or life of the loan;
 (e) details of the rate of interest payable on the loan;
 (f) evidence that the rate of interest payable on the loan has been set on a commercial basis;
 (g) details of the loan repayments (including the amounts and frequency of those repayments);
 (h) details of any review of the loan that must or may be conducted;
 (i) details of any other conditions or terms of the loan;
 (j) details of the commercial basis of the loan;
 (k) evidence of the use of the money loaned;
 (l) a copy of the financial statements (however described) of the borrower (including such statements that have