Document ID: chunk:federal_register_of_legislation:C2024C00866:section:5n:p2
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 5N (pt 2/4)
Character Range: 185912–188428

a person to an approved provider (within the meaning of the Aged Care Quality and Safety Commission Act 2018) for the provision of care to the person, but does not include an accommodation bond (within the meaning of the Aged Care Act 1997).
 (2) Amounts are rent in relation to the person if:
 (a) the amounts are payable by the person:
 (i) as a condition of occupancy of premises, or of a part of premises, that are in Australia and are occupied by the person as the person's principal home; or
 (ia) as a condition of occupancy of premises, or of a part of premises, that are in Australia and are occupied by the person to allow him or her personally to provide community‑based care for another person; or
 (ii) for services provided in a retirement village in Australia that is the person's principal home; or
 (iii) if the person is in a care situation and the place where the person receives the care is a place in Australia that is the person's principal home or would be the person's principal home apart from subsection 5LA(8) or (9)—for accommodation in the place where the person receives care; or
 (iv) for lodging in premises in Australia that are the person's principal home; or
 (v) for the use of a site in Australia for:
 (A) a caravan or other vehicle; or
 (B) a structure;
  occupied by the person as the person's principal home; or
 (vi) for the right to moor in Australia a vessel that is occupied by the person as the person's principal home; and
 (b) either:
 (i) the amounts are payable every 3 months or more frequently; or
 (ii) the amounts are payable at regular intervals (greater than 3 months) and the Commission is satisfied that the amounts should be treated as rent for the purposes of this Act.
Note: For retirement village see subsections 5M(3) and (4) and for principal home see section 5LA.
 (3) Subparagraphs (2)(a)(ii) to (vi) (inclusive) do not limit the generality of subparagraph (2)(a)(i).
 (3AA) To avoid doubt, an amount that is paid or becomes payable by a person is not rent in relation to the person (either at the time when it is paid or becomes payable or at any later time) if the amount is, or forms part of, a special resident's entry contribution in relation to the person in respect of a retirement village under section 52M, whether the amount is paid or payable (whether wholly or partly) in a lump sum, by instalments or otherwise.
 (3AB) If the whole or any part of an amount that is not rent in relation to a person as mentioned in subsection (3AA) is, or