Document ID: chunk:federal_register_of_legislation:C2025C00122:section:2:p19
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 2 (pt 19/53)
Character Range: 385661–388398

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 been audited);
 (m) any other information or documents relating to the loan.
 (3) The Secretary or *Quality and Safety Commissioner may request the borrower to give the specified information or documents on a periodic basis.

Request to be made in writing etc.
 (4) The request must:
 (a) be made in writing; and
 (b) set out the effect of subsections (5) and (6).

Period etc. for complying with request
 (5) The borrower must comply with the request:
 (a) within 28 days after the request is made or within such shorter period as is specified in the request; or
 (b) if the information or documents are to be given on a periodic basis—before the time or times worked out in accordance with the request.

Offence
 (6) A person commits an offence of strict liability if:
 (a) an approved provider that is a *corporation has used a *refundable deposit or *accommodation bond to make a loan to the person; and
 (b) the Secretary or *Quality and Safety Commissioner requests the person to give information or documents under subsection (1) relating to that use; and
 (c) the person fails to comply with the request within the period, or before the time, required under subsection (5).
Penalty: 30 penalty units.

Compensation
 (7) If the operation of this section would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.
 (8) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia, or the Supreme Court of a State or Territory, for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

Division 52P—Refunds

52P‑1  Refunding refundable deposit balances
 (1) In this section:
refundable deposit includes an *accommodation bond.
refundable deposit balance includes an *accommodation bond balance.
 (2) If a *refundable deposit is paid for care provided by, or for *entry to, a residential care service or flexible care service, the *refundable deposit balance must be refunded if:
 (a) the person who paid the deposit (the care recipient) dies; or
 (b) the care recipient ceases to be provided with:
 (i) residential care by the residential care service (other than because the care recipient is on *leave); or
 (ii) flexible care provided in a residential setting by the flexible care service.
 (3) The *refundable deposit balance must be refunded